12-16,102. Employee benefits contribution fund in certain taxing subdivisions; tax levy; use of proceeds; use of trust fund to hold and invest postemployment benefits funds, management of trust fund. (a) Except as provided in this section, "taxing subdivision" means any city, county, township or other political subdivision of the state of Kansas having authority to levy taxes on taxable tangible property. A community college district shall not be considered a taxing subdivision for the purpose of this section. A school district shall not be considered a taxing subdivision for the purpose of this section except that any school district operating a public library pursuant to K.S.A. 72-1419, and amendments thereto, for that purpose, shall be considered a taxing subdivision for the purpose of this section.
(b) For purposes of this section, "other postemployment benefits" means any postemployment healthcare, life insurance and other benefits provided by a taxing subdivision, other than pension benefits, so long as such benefits are provided separately from a pension plan.
(c) Any taxing subdivision may create and establish employee benefits contribution funds, including pension, retirement or other postemployment benefits funds, for (1) the taxing subdivision or (2) any political subdivision for which a tax is levied by such taxing subdivision for the purpose of paying the employer's share of any employee benefits, including pensions, retirement or other postemployment benefits, exclusive of any salaries, wages or other direct payments to such employees, as may be prescribed in the ordinance or resolution of the governing body creating such funds. The taxing subdivision may receive and place in such funds any moneys from any source whatsoever which may be lawfully utilized for the purposes stated in the ordinance or resolution creating such funds, including the proceeds of tax levies authorized by law for such purposes.
(d) The governing body of any taxing subdivision having established employee benefits funds, including pension, retirement or other postemployment benefits funds under subsection (c) is hereby authorized to levy an annual tax upon all taxable tangible property within the taxing subdivision in an amount determined by the governing body to be necessary for the purposes for which such funds were created and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
(e) (1) For the purpose of holding and investing the assets of other postemployment benefits funds, and notwithstanding the provisions of any statute, any taxing subdivision may, by ordinance or resolution, either establish one or more trust funds or determine to participate in a multi-employer trust fund.
(2) Each taxing subdivision establishing or participating in such a trust fund shall provide for the management and investment of such funds and any such trust. The taxing subdivision may establish a board or commission or designate an existing board or commission to manage the trust and invest the trust funds. Each taxing subdivision that chooses to establish or designate such a board or commission shall provide for the organization of and the manner of election or appointment of the members of such board or commission.
(3) Notwithstanding any limitations on the investment of municipal funds set forth in K.S.A. 12-1675, and amendments thereto, funds held in any such trust may be invested in accordance with the terms of such other postemployment benefit plans, as such terms may be amended from time to time. The investment and management of the assets of any such trust shall be in compliance with the prudent investor rule as set forth in K.S.A. 58-24a01 to 58-24a19, inclusive, and amendments thereto.
(f) The trust funds created pursuant to subsection (e) or in which money from other postemployment benefit funds is held and invested pursuant to subsection (e) shall not be subject to the provisions of K.S.A. 79-2925 through 79-2937, and amendments thereto. The taxing subdivision may receive and place in such trust funds any moneys from any source that may be lawfully utilized for the purposes stated in the ordinance or resolution creating such trust funds, including transfers from employee benefit funds established for other postemployment benefits.
(g) The provisions of subsections (c) and (e) of this section shall not operate to invalidate the establishment by any municipality or subdivision thereof, pursuant to the provisions of any statute, ordinance or resolution, of any other postemployment benefit system duly established prior to effective date of this act or of any trust duly established or board or commission duly established or designated prior to the effective date of this act with respect to other postemployment benefit systems.
History: L. 1978, ch. 67, § 1; L. 1978, ch. 163, § 3; L. 1979, ch. 52, § 48; L. 1983, ch. 65, § 1; L. 1987, ch. 71, § 13; L. 1990, ch. 73, § 1; L. 1991, ch. 57, § 1; L. 1999, ch. 147, § 78; L. 2007, ch. 82, § 1; April 12.
Structure Kansas Statutes
Chapter 12 - Cities And Municipalities
Article 16 - Miscellaneous Provisions
12-1608 Quarterly report by treasurer.
12-1610a Kansas Government Journal subscriptions.
12-1610b Same; compilation of information.
12-1610c League of Kansas municipalities; annual dues, expenses of attending meetings.
12-1610e Same; membership in, when; instrumentality; powers; act supplemental.
12-1610f Same; city delegates; powers and duties.
12-1613 Property of dormant cities.
12-1614 Same; election of officers; delivery of property to mayor.
12-1616b Same; approval of plans by chief engineer before bonds issued.
12-1617 Farm and aquaculture products; peddler's license or permit; fee.
12-1617a Delegates to firemen's association and school.
12-1617c Dissolution of certain inoperative sewer districts located wholly within cities.
12-1617d Dissolution of certain inoperative cemetery districts located wholly within cities.
12-1617f Weeds, removal or destruction; assessment and collection of costs; notice; procedure.
12-1617g Ordinances on nuisances.
12-1634 Same; cities in counties over 90,000; regulation of speed; bond issue.
12-1651 Official newspaper in cities of second and third classes; qualifications.
12-1654 Oil and gas leases; moneys to general fund.
12-1655 Same; validation of prior leases.
12-1658 Historical collections; housing and display.
12-1659 Same; supervisor or curator; compensation.
12-1660 Same; historical society as supervisor or curator, when; compensation.
12-1661 Same; tax levy, use of proceeds.
12-1662 Federal aid to public agencies; definitions.
12-1665 Same; temporary notes; refunding notes; sale or exchange.
12-1667 Same; tax levies; outside aggregate limits.
12-1668 Same; act not exclusive.
12-1670 Same; approval or disapproval; resubmission, when.
12-1671 Certain investments; exception to cash-basis law.
12-1672 Certain investments; exception to budget law.
12-1674 Same; special services fund; use; no-fund warrants.
12-1676 Inapplicability of act to certain moneys; rates.
12-1676a Weekly advisory memorandum as to rates of interest to county treasurers.
12-1677a Municipal investment pool fund; investments; requirements; rules and regulations.
12-1677d Municipally established foundations; investment of funds.
12-1677f Investment of public funds by governmental entities; reinvestment of matured funds.
12-1680b Same; resolution; publication; petition.
12-1680c Same; special election upon protest.
12-1681 Community historical museums authorized; property and employees.
12-1683 Conduct of activities of museums; acceptance of gifts.
12-1684 Petition for establishment; election; tax levies.
12-1685 Same; filing of petition; joint meeting; notice of receipt and meeting.
12-1687 Membership of museum commissions; terms; officers; powers.
12-1688 Community historical museums; tax levies; increases, election.
12-1690 Same; supervisor and curator; appointment and compensation; duties.
12-1691 Same; acceptance of gifts and articles of historical value.
12-1692 Promotion of tourism and conventions; definitions.
12-1694b Same; interest and penalties for failure to pay or untimely payment of transient guest tax.
12-1695 Convention and tourism committee; appointment; terms; contracts for programs.
12-1696 Promotion of tourism and conventions; definitions.
12-1698a Same; interest and penalties for failure to pay or untimely payment of transient guest tax.
12-1699 Same; levy of tax prohibited, when.
12-16,100 Same; transient guest tax refund fund.
12-16,101 Convention and tourism committee; appointment; terms; contracts and programs.
12-16,103 Acquisition of fee title to realty; sale of realty; record.
12-16,104 Release of easement; notice; fee.
12-16,105 Use of property no longer needed for school building in McPherson, Kansas.
12-16,106 Human relations commission; enforcement and review of orders.
12-16,107 Same; enforcement of subpoenas.
12-16,108 State grants or loans to municipalities; definitions.
12-16,109 Same; authority to borrow money for temporary financing of service or improvement.
12-16,110 Same; general obligation of municipality; excluded from debt limit.
12-16,111 Same; not subject to budget limitations.
12-16,112 Same; amount of bonds, if issued.
12-16,113 Accounting required of expenditures of transient guest tax moneys.
12-16,114 Housing trust funds; purpose; funding of; administration.
12-16,115 Imitation firearms; civil penalty for sale, manufacture or distribution.
12-16,116 Transfer of title to public streets, avenues, alleys or lanes; cities in Crawford county.
12-16,118 Transfer of certain money and royalty interest to city of Oxford; procedure.
12-16,119 Booking or processing fee; disbursement; fee limitation.
12-16,121 Paving materials provided by cities and counties; limitations.
12-16,122 Paving materials; mining and manufacturing for use by cities and counties; limitations.
12-16,123 Cities and counties prohibited from requiring lists of tenants; exceptions.
12-16,124 Firearms and ammunition; regulation by city or county, limitations.
12-16,124a Same; limitation on liability of municipality.
12-16,124b Same; prohibiting use of tax proceeds for firearms buyback programs.
12-16,126 Kansas emergency communications preservation act.
12-16,128 Mayoral appointments; governing body approval; time limits; other requirements.
12-16,129 Accident response service fee prohibited.
12-16,132 Cities; certain ordinances void as against public policy.
12-16,134 Knives and knife making components; regulation by municipality, limitations.
12-16,136 Regulating consumer incentive items and nutrition labeling of food; definitions.