74-49,134. Member election for contributions and benefits. (a) The provisions of this section and any related provisions shall not be implemented until the board of trustees of the Kansas public employees retirement system has obtained approval for the election and related provisions specified in this section from the federal internal revenue service. The board may implement the remainder of this act prior to implementation of this section. To that end, this section and provisions related thereto are severable from the remainder of this act and shall be repealed if the federal internal revenue service refuses to grant such approval or issues an adverse decision.
(b) Except as otherwise provided in this act, a member of the system under the provisions of K.S.A. 74-4901 et seq., and amendments thereto, on July 1, 2013, may elect to: (1) Contribute, commencing January 1, 2014, 5% of such member's compensation as employee contributions, and commencing January 1, 2015, and in each subsequent calendar year, 6% of such member's compensation as employee contributions, and to receive an amount for participating service equal to the total of 1.85% of such member's final average salary; or (2) continue to contribute 4% of such member's compensation as employee contributions, and to receive an amount for participating service equal to the total of 1.4% of such member's final average salary. Members shall make such election within a 90-day period established by the board.
(c) Except as otherwise provided in this act, a member of the system under the provisions of the Kansas public employees retirement act of 2009, on July 1, 2013, may elect to: (1) Continue to contribute, commencing January 1, 2014, 6% of such member's compensation as employee contributions pursuant to K.S.A. 74-49,210, and amendments thereto, receive an annual cost-of-living adjustment pursuant to K.S.A. 74-49,213, and amendments thereto, and receive an amount for participating service equal to the total of 1.4% of the member's final average salary; or (2) continue to contribute 6% of such member's compensation as employee contributions and not be eligible to receive an annual cost-of-living adjustment pursuant to K.S.A. 74-49,213, and amendments thereto. Members who make this election to contribute at the 6% amount pursuant to this subsection and not be eligible to receive an annual cost-of-living adjustment shall receive an amount for participating service equal to the total of 1.75% of the member's final average salary. Members shall make such election within a 90-day period established by the board.
(d) (1) Elections made pursuant to this section shall be made on a form and in a manner prescribed by the board.
(2) A member failing to make an election pursuant to subsection (b) shall contribute 6% of such member's compensation as employee contributions, and shall receive an amount for participating service equal to the total of 1.85% of the member's final average salary.
(3) A member failing to make an election pursuant to subsection (c) shall contribute 6% of such member's compensation as employee contribution, shall not receive an annual cost-of-living adjustment pursuant to K.S.A. 74-49,213, and amendments thereto, and shall receive an amount for participating service equal to the total of 1.75% of the member's final average salary.
(4) An election under this section, including the default election pursuant to subsection (d)(2) or (d)(3), is a one-time irrevocable election.
(e) The provisions of this section shall take effect July 1, 2012, and upon the date of publication in the Kansas register of the notice prescribed in K.S.A. 74-49,133.
History: L. 2011, ch. 98, ยง 8; July 1.
Structure Kansas Statutes
Chapter 74 - State Boards, Commissions And Authorities
Article 49 - Public Employees Retirement Systems
74-4903 System established; powers and duties.
74-4906 Board of trustees; meetings; quorum; compensation.
74-4907 Principal office of system; records, inspection; annual report.
74-4909b KPERS board; fee charged for investment and management services.
74-4910a Kansas advocacy board as eligible employer.
74-4911a Validity of certain elections not to participate; effective date.
74-4911d Membership election for certain persons employed on June 17, 1983; procedure; effect.
74-4912 Consolidation of other systems with state system; resolution; requirements.
74-4913 Credited service; prior service credit; participating service credit.
74-4914b Same; application of 74-4901 to 74-4929.
74-4914d Certain employees of department of corrections; employer contribution rate.
74-4915a Retirement benefits for members ineligible due to a reduction in hours.
74-4915c Retirement benefits for certain elected local officials; exceptions; service credit.
74-4918a Retirement benefit options; spousal consent; statement required.
74-4919a Purchase of participating service credit.
74-4919b Reinstatement of service for certain forfeited service.
74-4919e Revocation of election; new election after termination and withdrawal.
74-4919f Election to repurchase; lump-sum payment; determination of amount.
74-4919j Purchase of participating service credit for service as an elected official.
74-4919l Repurchase of previously forfeited service credit.
74-4919m Purchase of participating service by previous TIAA-CREF members.
74-4919n Purchase of additional benefits for nonfederal governmental employment.
74-4919p Purchase of prior service for certain service in the United States peace corps.
74-4919r Purchase of service for in-state nonfederal governmental employment.
74-4919s Purchase of service for VISTA service.
74-4919v Purchase of participating service credit for certain journeyman service as teacher.
74-4922 Reserves of the fund; crediting of interest.
74-4924a Recovery of benefits inadvertently paid to certain retirants.
74-4925a Benefits granted to certain surviving spouses.
74-4925b Regents employees; contribution of portion of compensation to retirement plan; eligibility.
74-4925e Same; employer contribution rate for retirement plan.
74-4925g Certain regent retirants designated as special members.
74-4927d Optional death benefit plan eligibility for active members of judges' retirement system.
74-4928 Eligibility for membership of certain persons; conditions.
74-4929 Requirement to become affiliated when municipal consolidations occur.
74-4930 Employer contributions; when certain additional costs reflected.
74-4931 Eligible employers; participating employers; entry date.
74-4931a Kansas state high school activities association, eligible employer.
74-4931b Same; payment of contributions; benefits of membership conferred.
74-4936 Credited service; prior service credit; participating service credit.
74-4938 Retirement benefits; annual benefits; vested benefits; minimum benefits.
74-4939 Employee and employer contributions; certification of employer rate and information.
74-4940 Compensation of members in school employment; times of payment.
74-4942 Payment to qualify as employee of certain former suspended annuitants.
74-4944 Same; funding of increase; past service cost.
74-4945 Increase in retirement benefits for certain persons; schedule; past service cost.
74-4950h Postretirement benefit increase for certain retirants of state school retirement system.
74-4950i Postretirement benefit increase for payment after June 30, 1998, for certain retirants.
74-4954a Emergency medical service technicians; defined as fireman; affiliation by county or city.
74-4960 Disability benefits; procedures and reports.
74-4964 Retirement benefit options; elections of member and spouse; joint annuitants.
74-4968 Retirement fund; investments; reserves.
74-4970 Application for benefits; time limitation.
74-4971 Entry of Kansas highway patrol into system.
74-4972 Definition of "patrolman" and "patrolmen."
74-4976 Employer contributions; included in budget; exception for first year.
74-4977 Termination of employment; conditions for prior service credit upon returning to employment.
74-4978 Certain patrolmen not affected by act.
74-4978a Entry date for Kansas highway patrol for certain patrolmen.
74-4978c Exception to definition of "final average salary."
74-4978e Application of certain laws to members electing under 74-4978b.
74-4978h Employee contributions of special members.
74-4979 Entry of Kansas bureau of investigation into system.
74-4980 Definition of "agent."
74-4984 Employer contributions; included in the budget; exception for first year.
74-4985 Termination of employment; conditions for prior service credit upon returning to employment.
74-4986 Certain agents not affected by act.
74-4986b Preservation of entitlement to receive pension or other benefit from KBI pension fund.
74-4986d Increase in retirement benefits for certain persons; schedule.
74-4986e Same; increases accrue from July 1, 1973.
74-4986g Same; application for affiliation; credited service.
74-4986h Same; election to become a member by a university police officer.
74-4986i Same; application of 74-4951 through 74-4970; employee contributions; deductions.
74-4986j Same; employer contributions.
74-4986k Deferred retirement option program.
74-4986l Deferred retirement option program (DROP); definitions.
74-4986m Same; interest credits.
74-4986n Same; election; requirements; continued service.
74-4986p Same; termination events.
74-4989 Lump-sum death benefit for retirants.
74-4996 Same; act supplemental to Kansas public employees retirement act; first retirement date.
74-4998 Same; rights under act; waiver of rights under 46-1301.
74-4998c Same; contributions; deductions; employer pickup of member contributions.
74-4998d Same; retirement benefits; final average salary; retirement benefit options.
74-4998e Same; retirement benefits; vesting, application.
74-4998f Same; employer contributions; determination and payment.
74-4998g Elected state official provision supplemental to KPERS act.
74-49,101 Request for appropriation for employer contribution; rate for fiscal 1976.
74-49,102 Employee contributions for members and special members under 74-4999; payroll deductions.
74-49,107 Administration of official court reporters retirement system by KPERS board.
74-49,108 Nonjudicial personnel of state court system; credited service for eligible personnel.
74-49,108a Application of 74-4999 et seq. to certain court reporters.
74-49,110 Retirant dividend payment reserve in KPERS fund; annual credits.
74-49,112 Same; payments to local school annuitants.
74-49,113 Retirant dividend payments; payments to insured disability benefit recipients.
74-49,114a Retirant dividend payment October 1, 2000, for certain retirants.
74-49,114b Retirant dividend payment, October 1, 2007, for certain retirants.
74-49,114c Retirant dividend payment, October 1, 2008, for certain retirants.
74-49,116 Payments due system by participating employer who employs retirant.
74-49,117 Benefits on behalf of full-time students.
74-49,125 Benefit increases; application of 74-49,123.
74-49,127 Payments to beneficiaries.
74-49,128 Nature of certain benefits; not regulated by insurance department.
74-49,134 Member election for contributions and benefits.
74-49,135 Member election related to member contributions and benefits.
74-49,136 Financial compliance audits; selection of firm.
74-49,203 Membership, new and non-vested employees; election by certain members.
74-49,204 Normal retirement date; application to school employment.
74-49,207 Security officers; normal retirement date; early retirement.
74-49,208 Vesting of benefits.
74-49,209 Retirement benefit options, election by member or spouse; determination of benefit.
74-49,210 Member contributions.
74-49,211 Employer contributions.
74-49,212 Adjustment of employee rate of contribution; circumstances.
74-49,304 Powers and duties of board.
74-49,305 Member contributions.
74-49,307 Employer credits; change; employer contributions to death and disability fund.
74-49,314 Application of federal internal revenue code to benefit payments.
74-49,315 Determination of beneficiary; lump-sum death benefit for retirants.