Kansas Statutes
Article 49b - Deferred Compensation Plan For Public Employees
74-49b09 Same; establishment; agreements for plan benefits and services; administrative costs; investment options.

74-49b09. Same; establishment; agreements for plan benefits and services; administrative costs; investment options. (a) The board is authorized to establish a deferred compensation plan in accordance with section 457 of the federal internal revenue code of 1986, and amendments thereto. Such plan shall be the Kansas public employees deferred compensation plan.
(b) The board may enter into an agreement or agreements with approved insurers, investment managers or other contracting parties whereby benefits or investment services under the Kansas public employees deferred compensation plan would be made available to participants. In addition, the board may enter into an agreement with one or more qualified private firms for consolidated billing services, participant enrollment services, communications services, participant account recordkeeping services and other services related to the administration of the Kansas public employees deferred compensation plan.
(c) No significant costs shall be incurred by the state as a result of the administration of this act unless such costs are recovered by one or both of the following means: (1) A service charge collected from all participants; or (2) credit allowances or reimbursement of specified plan expenses as provided under agreements with one or more qualified private firms entered into pursuant to subsection (b). The amount of any such significant costs incurred and to be recovered by the state shall be determined by the board.
(d) The board is authorized to negotiate and enter into contracts with qualified insurers, investment managers and other contracting parties for the purposes of implementing and providing essential services for the deferred compensation plan, including acquisition of actuarial, investment, consulting, auditing and other services necessary therefor. Contracts entered into under this act shall be negotiated in accordance with the provisions of K.S.A. 75-37,102 or K.S.A. 75-37,132, and amendments thereto, as applicable, and shall not be subject to the provisions of K.S.A. 75-3739, and amendments thereto.
(e) In addition to benefits or investment services offered pursuant to subsection (b), the board may provide deferred compensation plan investment options designed to replicate investment programs authorized in K.S.A. 74-4901 et seq., and amendments thereto, to the extent and in such manner as permitted by the deferred compensation plan.
(f) No person who serves on the board shall be employed for a period of two years commencing on the date the person no longer serves on the board and ending two years after such date with any organization in which moneys of the deferred compensation plan were invested, except that the employment limitation contained in this subsection shall not apply if such person's employment is with an organization whose stock or other evidences of ownership are traded on the public stock or bond exchanges.
History: L. 1976, ch. 367, § 3; L. 1979, ch. 298, § 2; L. 1988, ch. 301, § 30; L. 2002, ch. 192, § 3; L. 2007, ch. 74, § 11; Jan. 1, 2008.

Structure Kansas Statutes

Kansas Statutes

Chapter 74 - State Boards, Commissions And Authorities

Article 49b - Deferred Compensation Plan For Public Employees

74-49b01 Deferred compensation plan; transfer of powers, duties and functions to KPERS board; certain powers, duties and functions retained by director of accounts and reports.

74-49b02 Same; KPERS board as successor to such powers, duties and functions; rules and regulations; effective.

74-49b03 Same; transfer of balances of funds and accounts to KPERS board.

74-49b04 Same; KPERS board as successor to all property, property rights and records.

74-49b05 Same; transfer of certain officers and employees to KPERS board; retention of rights.

74-49b06 Same; validity of suits, actions or proceedings.

74-49b07 Deferred compensation plan for state employees; title of act.

74-49b08 Same; definitions.

74-49b09 Same; establishment; agreements for plan benefits and services; administrative costs; investment options.

74-49b10 Same; employee participation agreements; service charge; payroll deferrals; state liability limited; amounts deferred considered for computation of retirement benefits; clearing fund; sharing of member's retirement account information with c...

74-49b11 Same; amounts deferred, transferred or rolled-over held in trust; diversion of assets prohibited; not commingled with KPERS assets, exception; not subject to premium tax or insurance law charges.

74-49b12 Same; deferred compensation payment rights not assignable.

74-49b13 Same; rules and regulations; accounts and records.

74-49b14 Same; participation by local governments; contributions by local governments; state not responsible for loss incurred by local government.

74-49b15 Same; conditions for local government employee participation; effect; tax treatment of Roth 457 plans.