74-4917. Termination of employment; payment of accumulated contributions; certification of member contributions by participating employer; vesting of benefits, members as a result of a merger or consolidation; return to covered employment, condition, repayment of withdrawn accumulated contributions. (1) Upon termination of employment with a participating employer, not followed by employment with such participating employer or another participating employer within 30 days of such termination, the member shall be paid an amount equal to the member's accumulated contributions then on deposit with the system after making application in such form as may be prescribed by the board, except that the system shall have a reasonable time to process the application for withdrawal. The participating employer shall, upon giving a terminated employee a withdrawal application, certify to the system all member contributions which have not been reported previously. In the case of a death of an active member, the participating employer shall certify to the system all member contributions which have not been reported previously and remit such contributions if the participating employer has not submitted a monthly remittance for the terminating quarter. The participating employer shall be responsible to the system for any overpayment or underpayment of member contributions made by the system relating to a withdrawal of accumulated contributions or a death of an active member which is due to an inaccurate certification of all member contributions which have not been reported to the system as required by this section made by the participating employer. A leave of absence, a period of total disability or military service shall not be considered a termination of employment unless the member withdraws accumulated contributions.
(2) Except as otherwise provided by this subsection, if such member has completed 10 years of credited service at date of termination, or commencing July 1, 2009, if such member has completed five years of credited service at the date of termination, such member automatically shall be granted a vested retirement benefit in the system, except that at any time prior to the commencement of retirement benefit payments the member may withdraw accumulated contributions, whereupon no other benefits shall be payable for such member's prior and participating service credit. For purposes of this subsection, any employee of a local governmental unit which has its own pension plan who becomes an employee of a participating employer as a result of a merger or consolidation of services provided by local governmental units, which occurred on January 1, 1994, may count service with such local governmental unit in determining whether such employee has met the 10 years of credited service for vesting requirement contained in this subsection. Eligibility of such member for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4914, and amendments thereto. Such member shall make application for retirement in such form as may be prescribed by the board and retirement benefits shall accrue from the first day of the month following receipt of such application. The amount of the retirement benefit shall be determined as provided in K.S.A. 74-4915, and amendments thereto.
(3) Termination of employment of a member, followed by employment with a participating employer within five years after such termination, does not constitute a break in continuous employment if such member has not withdrawn accumulated contributions. Such period while not employed shall not be credited.
(4) If, after the expiration of five years following the termination of employment, a former member becomes an employee of such former member's former participating employer, or another participating employer, such former member shall be deemed to be a new employee. If a member, who has a vested benefit again becomes an employee of a participating employer, any credited service such member subsequently accrues shall be added to that which had been vested by virtue of previous service. Eligibility of such member for retirement benefits and procedures for making application for retirement benefits shall be in accordance with K.S.A. 74-4914, and amendments thereto.
History: L. 1961, ch. 427, § 17; L. 1963, ch. 412, § 10; L. 1965, ch. 446, § 5; L. 1974, ch. 337, § 1; L. 1977, ch. 275, § 1; L. 1982, ch. 319, § 24; L. 1983, ch. 254, § 7; L. 1984, ch. 289, § 7; L. 1985, ch. 254, § 11; L. 1993, ch. 227, § 18; L. 1994, ch. 293, § 13; L. 1996, ch. 266, § 10; L. 1998, ch. 201, § 19; L. 2007, ch. 164, § 15; July 1, 2009.
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.