Kansas 2023-2024 Regular Session

Kansas House Bill HB2195 Compare Versions

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1	1	Session of 2023
2	2	HOUSE BILL No. 2195
3	3	By Committee on Financial Institutions and Pensions
4	4	1-26
5	5	AN ACT concerning retirement and pensions; relating to the Kansas public
6	6	employees retirement system; employment after retirement; increasing
7	7	the amount of retirant compensation subject to the statutory employer
8	8	contribution rate; requiring participating employers to pay only the
9	9	statutory employer contribution rate on all compensation of a retirant
10	10	employed in a covered position for a period commencing July 1, 2023,
11	11	and ending December 31, 2024; amending K.S.A. 74-4937 and K.S.A.
12	12	2022 Supp. 74-4914 and repealing the existing sections.
13	13	Be it enacted by the Legislature of the State of Kansas:
14	14	Section 1. K.S.A. 2022 Supp. 74-4914 is hereby amended to read as
15	15	follows: 74-4914.
16	16	(1) The normal retirement date for a member of the system shall be the
17	17	first day of the month coinciding with or following termination of
18	18	employment with any participating employer not followed by employment
19	19	with any participating employer within 60 days, or 180 days as provided in
20	20	subsection (10) (9), and without any prearranged agreement for
21	21	employment with any participating employer, and the attainment of age 65
22	22	or, commencing July 1, 1993, age 62 with the completion of 10 years of
23	23	credited service or the first day of the month coinciding with or following
24	24	the date that the total of the number of years of credited service and the
25	25	number of years of attained age of the member is equal to or more than 85.
26	26	In no event shall a normal retirement date for a member be before six
27	27	months after the entry date of the participating employer by whom such
28	28	member is employed. A member may retire on the normal retirement date
29	29	or on the first day of any month thereafter upon the filing with the office of
30	30	the retirement system of an application in such form and manner as the
31	31	board shall prescribe. Such application shall contain a certification by the
32	32	member that the member will not be employed with any participating
33	33	employer within 60 days, or 180 days as provided in subsection (10) (9),
34	34	of retirement and the member has not entered into a prearranged
35	35	agreement for employment with any participating employer. Nothing
36	36	herein shall prevent any person, member or retirant from being employed,
37	37	appointed or elected as an employee, appointee, officer or member of the
38	38	legislature. Elected officers may retire from the system on any date on or
39	39	after the attainment of the normal retirement date, but no retirement
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76	76	benefits payable under this act shall be paid until the member has
77	77	terminated such member's office.
78	78	(2) No retirant shall make contributions to the system or receive
79	79	service credit for any service after the date of retirement.
80	80	(3) Any member who is an employee of an affiliating employer
81	81	pursuant to K.S.A. 74-4954b, and amendments thereto, and has not
82	82	withdrawn such member's accumulated contributions from the Kansas
83	83	police and firemen's retirement system may retire before such member's
84	84	normal retirement date on the first day of any month coinciding with or
85	85	following the attainment of age 55.
86	86	(4) Any member may retire before such member's normal retirement
87	87	date on the first day of any month coinciding with or following
88	88	termination of employment with any participating employer not followed
89	89	by employment with any participating employer within 60 days, or 180
90	90	days as provided in subsection (10) (9), and the attainment of age 55 with
91	91	the completion of 10 years of credited service, but in no event before six
92	92	months after the entry date, upon the filing with the office of the retirement
93	93	system of an application for retirement in such form and manner as the
94	94	board shall prescribe. The member's application for retirement shall
95	95	contain a certification by the member that the member will not be
96	96	employed with any participating employer within 60 days, or 180 days as
97	97	provided in subsection (10) (9), of retirement and the member has not
98	98	entered into a prearranged agreement for employment with any
99	99	participating employer.
100	100	(5) Except as provided in subsections (7) and (10), on or after July 1,
101	101	2006, through December 31, 2017, for any retirant who is first employed
102	102	or appointed in or to any position or office by a participating employer
103	103	other than a participating employer for which such retirant was employed
104	104	or appointed during the final two years of such retirant's participation, and,
105	105	on or after April 1, 2009, for any retirant who is employed by a third-party
106	106	entity who contracts services with a participating employer other than a
107	107	participating employer for which such retirant was employed or appointed
108	108	during the final two years of such retirant's participation to fill a position
109	109	covered under K.S.A. 72-2215(a), and amendments thereto, with such
110	110	retirant, such participating employer shall pay to the system the actuarially
111	111	determined employer contribution and the statutorily prescribed employee
112	112	contribution based on the retirant's compensation during any such period
113	113	of employment or appointment. If a retirant is employed or appointed in or
114	114	to any position or office for which compensation for service is paid in an
115	115	amount equal to $25,000 or more in any one calendar year between July 1,
116	116	2016, and January 1, 2018, by any participating employer for which such
117	117	retirant was employed or appointed during the final two years of such
118	118	retirant's participation, and, on or after April 1, 2009, by any third-party
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162	162	entity who contracts services to fill a position covered under K.S.A. 72-
163	163	2215(a), and amendments thereto, with such retirant with a participating
164	164	employer for which such retirant was employed or appointed during the
165	165	final two years of such retirant's participation, such retirant shall not
166	166	receive any retirement benefit for any month for which such retirant serves
167	167	in such position or office. The participating employer who employs such
168	168	retirant whether by contract directly with the retirant or through an
169	169	arrangement with a third-party entity shall report to the system within 30
170	170	days of when the compensation paid to the retirant is equal to or exceeds
171	171	any limitation provided by this section. Any participating employer who
172	172	contracts services with any such third-party entity to fill a position covered
173	173	under K.S.A. 72-2215(a), and amendments thereto, shall include in such
174	174	contract a provision or condition which requires the third-party entity to
175	175	provide the participating employer with the necessary compensation paid
176	176	information related to any such position filled by the third-party entity
177	177	with a retirant to enable the participating employer to comply with
178	178	provisions of this subsection relating to the payment of contributions and
179	179	reporting requirements. The provisions and requirements provided for in
180	180	amendments made in this act which relate to positions filled with a retirant
181	181	or employment of a retirant by a third-party entity shall not apply to any
182	182	contract for services entered into prior to April 1, 2009, between a
183	183	participating employer and third-party entity as described in this
184	184	subsection. Any retirant employed by a participating employer or a third-
185	185	party entity as provided in this subsection shall not make contributions nor
186	186	receive additional credit under such system for such service except as
187	187	provided by this section. Upon request of the executive director of the
188	188	system, the secretary of revenue shall provide such information as may be
189	189	needed by the executive director to carry out the provisions of this act. The
190	190	provisions of this subsection shall not apply to retirants employed as
191	191	substitute teachers without a contract or officers, employees or appointees
192	192	of the legislature. The provisions of this subsection shall not apply to
193	193	members of the legislature. The provisions of this subsection shall not
194	194	apply to any other elected officials. Commencing July 1, 2005, the
195	195	provisions of this subsection shall not apply to retirants who either retired
196	196	under the provisions of subsection (1), or, if they retired under the
197	197	provisions of subsection (4), were retired more than 30 days prior to the
198	198	effective date of this act and are licensed professional nurses or licensed
199	199	practical nurses employed by the state of Kansas in an institution as
200	200	defined in K.S.A. 76-12a01(b) or K.S.A. 38-2302(k), and amendments
201	201	thereto, the Kansas soldiers' home or the Kansas veterans' home. Nothing
202	202	in this subsection shall be construed to create any right, or to authorize the
203	203	creation of any right, which is not subject to amendment or nullification by
204	204	act of the legislature. The participating employer of such retirant shall pay
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248	248	to the system the actuarially determined employer contribution based on
249	249	the retirant's compensation during any such period of employment. The
250	250	provisions of the subsection shall expire on January 1, 2018.
251	251	(6) For purposes of this section, any employee of a local
252	252	governmental unit which has its own pension plan who becomes an
253	253	employee of a participating employer as a result of a merger or
254	254	consolidation of services provided by local governmental units, which
255	255	occurred on January 1, 1994, may count service with such local
256	256	governmental unit in determining whether such employee has met the
257	257	years of credited service requirements contained in this section.
258	258	(7)(6) (a) (i) Except as provided in K.S.A. 74-4937(3), (4), or (5), and
259	259	amendments thereto, and the provisions of this subsection, commencing
260	260	July 1, 2016, and ending January 1, 2018, any retirant who is employed or
261	261	appointed in or to any position by a participating employer, an independent
262	262	contractor or a third-party entity who contracts services with a
263	263	participating employer to fill a position, without any prearranged
264	264	agreement with such participating employer and not prior to 60 days after
265	265	such retirant's retirement date, shall not receive any retirement benefit for
266	266	any month in any calendar year in which the retirant receives
267	267	compensation in an amount equal to $25,000 or more, pursuant to this
268	268	subsection. Any participating employer who hires a retirant covered by this
269	269	subsection shall pay to the system the statutorily prescribed employer
270	270	contribution rate for such retirant, without regard to whether the retirant is
271	271	receiving benefits.
272	272	(ii) Commencing January 1, 2018, for all retirements that occurred
273	273	prior to such date, any retirant who is employed or appointed in or to any
274	274	position by a participating employer, an independent contractor or a third-
275	275	party entity who contracts services with a participating employer to fill a
276	276	position, without any prearranged agreement with such participating
277	277	employer and not prior to 60 days after such retirant's retirement date, shall
278	278	not be subject to an earnings limitation that when met or exceeded requires
279	279	that the retirant not receive a retirement benefit for any month for which
280	280	such retirant serves in such position. If a retirant is employed in a covered
281	281	position, as defined in K.S.A. 74-49,202, and amendments thereto, the
282	282	participating employer of such retirant shall pay to the system the
283	283	statutorily prescribed employer contribution rate on the first $25,000
284	284	$35,000 of such retirant's compensation in a calendar year and a 30%
285	285	employer contribution on any compensation in excess of $25,000 $35,000
286	286	in a calendar year during any such period of employment. If a retirant is
287	287	employed by more than one participating employer or performing duties in
288	288	more than one position, contributions shall be made on compensation from
289	289	all such employment for that calendar year. If a retirant is employed in a
290	290	non-covered position, no employer contribution shall be paid to the
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334	334	system.
335	335	(b) The provisions of this subsection shall not apply, except as
336	336	specifically provided in this subsection, to retirants who are:
337	337	(i) Licensed professional nurses or licensed practical nurses
338	338	employed by the state of Kansas in an institution as defined in K.S.A. 76-
339	339	12a01(b) or 38-2302(k), and amendments thereto, the Kansas soldiers'
340	340	home or the Kansas veterans' home. The participating employer of such
341	341	retirant shall pay to the system the actuarially determined employer
342	342	contribution based on the retirant's compensation and the statutorily
343	343	prescribed employee contribution during any such period of employment;
344	344	(ii) employed by a school district in a position as provided in K.S.A.
345	345	74-4937(3), (4) or (5), and amendments thereto;
346	346	(iii) certified law enforcement officers employed by the law
347	347	enforcement training center. Such law enforcement officers shall receive
348	348	their benefits notwithstanding this subsection. The law enforcement
349	349	training center shall pay to the system the actuarially determined employer
350	350	contribution and the statutorily prescribed employee contribution based on
351	351	the retirant's compensation during any such period of employment;
352	352	(iv) members of the Kansas police and firemen's retirement system
353	353	pursuant to K.S.A. 74-4951 et seq., and amendments thereto, members of
354	354	the retirement system for judges pursuant to K.S.A. 20-2601 et seq., and
355	355	amendments thereto, or members of the state board of regents retirement
356	356	plan pursuant to K.S.A. 74-4925 et seq., and amendments thereto;
357	357	(v) employed as substitute teachers without a contract or officers,
358	358	employees or appointees of the legislature;
359	359	(vi) a poll worker hired to work an election day for a county election
360	360	officer responsible for conducting all official elections held in the county;
361	361	(vii) employed by, or have accepted employment from, a participating
362	362	employer prior to May 1, 2015. Any break in continuous employment by a
363	363	retirant or move to a different position by a retirant during the effective
364	364	period of this subsection shall be deemed new employment and shall
365	365	subject the retirant to the provisions of this subsection. Commencing
366	366	January 1, 2018, the participating employer of a retirant described in this
367	367	subsection (7)(b)(vii) subparagraph who is employed in a covered
368	368	position, as defined in K.S.A. 74-49,202, and amendments thereto, shall
369	369	pay to the system the statutorily prescribed employer contribution rate on
370	370	the first $25,000 $35,000 of such retirant's compensation in a calendar year
371	371	and a 30% employer contribution on any compensation in excess of
372	372	$25,000 $35,000 in a calendar year during any such period of
373	373	employment. If a retirant is employed by more than one participating
374	374	employer or performing duties in more than one position, contributions
375	375	shall be made on compensation from all such employment for that
376	376	calendar year. If a retirant is employed in a non-covered position, no
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420	420	employer contribution shall be paid to the system;
421	421	(viii) state or local elected officials. A retirant shall not be employed
422	422	in an elected office within 30 days of such retirant's retirement, except that
423	423	if a retirant is filling a vacant elected office, no waiting period shall be
424	424	required; or
425	425	(ix) employed by the Kansas academies of the United States
426	426	department of defense STARBASE program.
427	427	(c) The participating employer shall enroll all retirants, including
428	428	retirants under subsection (7)(b)(i) (6)(b)(i), (ii), (iii), (vii) and (viii), and
429	429	report to the system when compensation is paid to a retirant as provided in
430	430	this subsection. Such report shall contain a certification by the appointing
431	431	authority of the participating employer that any hired retirant has not been
432	432	employed by the participating employer within 60 days of such retirant's
433	433	retirement and that there was no prearranged agreement for employment
434	434	between the participating employer and the hired retirant. Upon request of
435	435	the executive director of the system, the participating employer shall
436	436	provide such information as may be needed by the executive director to
437	437	carry out the provisions of this subsection. No retirant shall make
438	438	contributions to the system or receive credit for service while employed
439	439	under the provisions of this subsection.
440	440	(d) A participating employer may employ a retirant without regard to
441	441	the compensation limitation in this subsection for a period of one calendar
442	442	year or one school year, as the case may be, if the following requirements
443	443	are met:
444	444	(i) The employer certifies to the board that the position being filled
445	445	has been vacated due to an unexpected emergency or the employer has
446	446	been unsuccessful in filling the position;
447	447	(ii) the employer pays to the system a 30% employer contribution
448	448	based on the retirant's compensation during any such period of
449	449	employment; and
450	450	(iii) the employer maintains documentation of its efforts to fill the
451	451	position with a non-retirant and provides such documentation to the joint
452	452	committee on pensions, investments and benefits upon request of the
453	453	committee.
454	454	The provisions of this paragraph shall expire on January 1, 2018.
455	455	(e) An employer may submit a written assurance protocol to the
456	456	system to extend the exception provided for in subsection (7)(d) by one-
457	457	year increments for a total extension not to exceed three years. A written
458	458	assurance protocol shall be submitted to the system for each one-year
459	459	increment extension. If a school district submits a written assurance
460	460	protocol, such written assurance protocol shall be signed by the
461	461	superintendent and the board president of such school district. If a
462	462	municipality, as defined in K.S.A. 75-1117, and amendments thereto, other
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506	506	than a school district, submits a written assurance protocol, such written
507	507	assurance protocol shall be signed by the governing body or such
508	508	governing body's designee for such municipality. Such written assurance
509	509	protocol shall state that the position was advertised on multiple platforms
510	510	for a minimum of 30 calendar days and that at least one of the following
511	511	conditions occurred:
512	512	(i) No applications were submitted for the position;
513	513	(ii) if applications were submitted, none of the applicants met the
514	514	reference screening criteria of the employer; or
515	515	(iii) if applications were submitted, none of the applicants possessed
516	516	the appropriate licensure, certification or other necessary credentials for
517	517	the position.
518	518	The provisions of this paragraph shall expire on January 1, 2018.
519	519	(f) Retirants who are independent contractors or employees of third-
520	520	party entities who contract with a participating employer, shall not be
521	521	subject to the compensation limitation or employer contribution
522	522	requirements in this subsection or the requirements of subsection (7)(c)
523	523	paragraph (c) regarding enrollment and reporting to the system, so long as
524	524	all of the following apply:
525	525	(A) The contractual relationship was not created to allow the retirant
526	526	to continue employment with the participating employer after retirement in
527	527	a position similar to the one such retirant held prior to retirement;
528	528	(B) the activities performed by the independent contractor or third-
529	529	party entity are not normally performed exclusively by employees of that
530	530	participating employer; and
531	531	(C) the retirant meets the classification of independent contractor as
532	532	provided in K.S.A. 44-768, and amendments thereto, or activities
533	533	performed by the third-party entity that employs the retirant are performed
534	534	on a limited-term basis and the third-party entity is not a participating
535	535	employer in the system.
536	536	(g)(e) Nothing in this subsection shall be construed to create any
537	537	right, or to authorize the creation of any right, which is not subject to
538	538	amendment or nullification by act of the legislature.
539	539	(8)(7) (a) Except as provided in subsection (8)(b) paragraph (b), if
540	540	determined by the retirement system that a retirant entered into a
541	541	prearranged agreement for employment with a participating employer
542	542	prior to such retirant's retirement and prior to the end of the subsequent 60-
543	543	day waiting period, or the 180-day waiting period under subsection (10)
544	544	(9), the monthly retirement benefit of such retirant shall be suspended
545	545	during the period that begins on the month in which the retirant is re-
546	546	employed and ends six months after the retirant's termination of such
547	547	employment. The retirant shall repay to the retirement system all monthly
548	548	retirement benefits paid to the retirant by the retirement system that the
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592	592	retirant received after such employment began. The participating employer
593	593	which hired such retirant shall be required to pay to the system any fees,
594	594	fines, penalties or any other cost imposed by the internal revenue service
595	595	and indemnify the system for any cost incurred by the system to defend
596	596	any action brought by the internal revenue service based on in-service
597	597	distributions which are a result of any determined prearranged agreement
598	598	and for any cost incurred by the system to collect any monthly retirement
599	599	benefit required to be repaid by such retirant pursuant to this subsection.
600	600	(b) For members who retired on and after July 1, 2016, and on or
601	601	before July 1, 2019, if determined by the retirement system that a retirant
602	602	entered into a prearranged agreement for employment with a participating
603	603	employer prior to such retirant's retirement date and the subsequent 60-day
604	604	waiting period, or the 180-day waiting period under subsection (10) (9),
605	605	and upon being notified of the violation, the retirant terminated such
606	606	employment, the provisions of subsection paragraph (a) shall not apply. If
607	607	any retirant had benefits suspended prior to July 1, 2019, such benefits
608	608	shall be reimbursed by the retirement system, if the retirant terminated
609	609	such prearranged employment in accordance with the provisions of this
610	610	act. On and after July 1, 2019, the executive director may waive such
611	611	penalties under this subsection if it is determined by the retirement system
612	612	that any of the following conditions were satisfied:
613	613	(i) The retirant's total length of reemployment was less than 21
614	614	calendar days;
615	615	(ii) the retirant's total compensation during the total length of
616	616	reemployment was less than 10% of the amount of such retirant's
617	617	retirement benefit that would be suspended pursuant to this subsection; or
618	618	(iii) other facts and circumstances indicated that the retirant would
619	619	not have been reemployed but for an error on the part of the participating
620	620	employer or the retirement system in verifying the retirement status of
621	621	such retirant and such retirant immediately terminated employment upon
622	622	being notified of the violation.
623	623	(c) On or before the first day of each regular session of the
624	624	legislature, beginning with the 2020 regular session, the executive director
625	625	shall submit an annual report on the number of waivers granted pursuant to
626	626	subsection (8)(b) paragraph (b) in the prior calendar year to the joint
627	627	committee on pensions, investments and benefits, the house of
628	628	representatives standing committee on financial institutions and pensions
629	629	and the senate standing committee on financial institutions and insurance,
630	630	or the successors of such committees.
631	631	(9)(8) For the purposes of this section a prearranged agreement for
632	632	employment may be determined by whether the facts and circumstances of
633	633	the situation indicate that the employer and employee reasonably
634	634	anticipated that further services would be performed after the employee's
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678	678	retirement.
679	679	(10)(9) (a) Notwithstanding the provisions of subsection (5) or (7) (6)
680	680	to the contrary, commencing January 1, 2018, any retirant who is retired
681	681	more than 60 days, if such retirant's age on the date of retirement is 62 or
682	682	older, or is retired more than 180 days, if such retirant's age on the date of
683	683	retirement is less than 62, and who is subsequently hired without any
684	684	prearranged agreement with the participating employer in a covered
685	685	position, as defined in K.S.A. 74-49,202, and amendments thereto, or an
686	686	independent contractor or a third-party entity who contracts service to fill
687	687	such covered position shall not be subject to an earnings limitation that
688	688	when met or exceeded requires that the retirant not receive a retirement
689	689	benefit for any month for which such retirant serves in such covered
690	690	position. The participating employer of such retirant shall pay to the
691	691	system the statutorily prescribed employer contribution rate on the first
692	692	$25,000 $35,000 of such retirant's compensation in a calendar year and a
693	693	30% employer contribution on any compensation in excess of $25,000
694	694	$35,000 in a calendar year during any such period of employment. If a
695	695	retirant is employed by more than one participating employer or
696	696	performing duties in more than one position, contributions shall be made
697	697	on compensation from all such employment for that calendar year.
698	698	(b) Notwithstanding the provisions of subsection (5) or (7) (6) to the
699	699	contrary, commencing January 1, 2018, any retirant who is retired more
700	700	than 60 days, if such retirant's age on the date of retirement is 62 or older,
701	701	or is retired more than 180 days, if such retirant's age on the date of
702	702	retirement is less than 62, and who is subsequently hired without any
703	703	prearranged agreement with the participating employer in a non-covered
704	704	position, or an independent contractor or a third-party entity who contracts
705	705	service to fill such non-covered position, shall not be subject to an
706	706	earnings limitation that when met or exceeded requires that the retirant not
707	707	receive a retirement benefit for any month for which such retirant serves in
708	708	such non-covered position. No employer contribution shall be paid to the
709	709	system on compensation paid to a retirant hired in a non-covered position.
710	710	(c) The participating employer shall enroll all retirants, including
711	711	retirants under subsection (7)(b)(i) (6)(b)(i), (ii), (iii), (vii) and (viii), and
712	712	report to the system when compensation is paid to a retirant as provided in
713	713	this subsection. Such report shall contain a certification by the appointing
714	714	authority of the participating employer that any hired retirant has not been
715	715	employed by the participating employer within 60 days of such retirant's
716	716	retirement in the case of a retirant whose age on the date of retirement is
717	717	62 or older, or within 180 days of such retirant's retirement in the case of a
718	718	retirant whose age on the date of retirement is less than 62, and that there
719	719	was no prearranged agreement for employment between the participating
720	720	employer and the hired retirant. Upon request of the executive director of
721	721	1
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763	763	43 HB 2195 10
764	764	the system, the participating employer shall provide such information as
765	765	may be needed by the executive director to carry out the provisions of this
766	766	subsection. No retirant shall make contributions to the system or receive
767	767	credit for service while employed under the provisions of this subsection.
768	768	(d) Except as provided in this paragraph, notwithstanding the
769	769	provisions of this subsection to the contrary, for the period commencing
770	770	on July 1, 2023, and ending on December 31, 2024, a participating
771	771	employer shall pay to the system the statutorily prescribed employer
772	772	contribution rate on all compensation of a retirant employed in a covered
773	773	position. The provisions of this subsection relating to an earnings
774	774	limitation and employer contributions shall not apply to any retirant
775	775	described in subsection (7)(b) (6)(b) or to retirants who are independent
776	776	contractors or employees of third-party entities who contract with a
777	777	participating employer as described in subsection (7)(f) (6)(d), except as
778	778	specifically provided in this subsection.
779	779	(e) Nothing in this subsection shall be construed to create any right,
780	780	or to authorize the creation of any right that is not subject to amendment or
781	781	nullification by act of the legislature.
782	782	Sec. 2. K.S.A. 74-4937 is hereby amended to read as follows: 74-
783	783	4937. (1) The normal retirement date of a member of the system who is in
784	784	school employment and who is subject to K.S.A. 74-4940, and
785	785	amendments thereto, shall be the first day of the month coinciding with or
786	786	following termination of employment not followed by employment with
787	787	any participating employer within 60 days, or 180 days as provided in
788	788	K.S.A. 74-4914(10)(9), and amendments thereto, and without any
789	789	prearranged agreement for employment with any participating employer,
790	790	and the attainment of age 65 or, commencing July 1, 1986, age 65 or age
791	791	60 with the completion of 35 years of credited service or at any age with
792	792	the completion of 40 years of credited service, or commencing July 1,
793	793	1993, any alternative normal retirement date already prescribed by law or
794	794	age 62 with the completion of 10 years of credited service or the first day
795	795	of the month coinciding with or following the date that the total of the
796	796	number of years of credited service and the number of years of attained
797	797	age of the member is equal to or more than 85. Each member upon giving
798	798	prior notice to the appointing authority and the retirement system may
799	799	retire on the normal retirement date or the first day of any month
800	800	thereafter. Such member's application for retirement shall contain a
801	801	certification by the member that the member will not be employed with
802	802	any participating employer within 60 days, or 180 days as provided in
803	803	K.S.A. 74-4914(10)(9), and amendments thereto, of retirement and the
804	804	member has not entered into a prearranged agreement for employment
805	805	with any participating employer.
806	806	(2) Any member who is in school employment and who is subject to
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849	849	43 HB 2195 11
850	850	K.S.A. 74-4940, and amendments thereto, may retire before such
851	851	member's normal retirement date on the first day of the month coinciding
852	852	with or following termination of employment not followed by employment
853	853	with any participating employer within 60 days, or 180 days as provided in
854	854	K.S.A. 74-4914(10)(9), and amendments thereto, and the attainment of age
855	855	55 with the completion of 10 years of credited service, upon the filing with
856	856	the office of the retirement system of an application for retirement in such
857	857	form and manner as the board shall prescribe. The member's application
858	858	for retirement shall contain a certification by the member that the member
859	859	will not be employed with any participating employer within 60 days, or
860	860	180 days as provided in K.S.A. 74-4914(10)(9), and amendments thereto,
861	861	of retirement and the member has not entered into a prearranged
862	862	agreement for employment with any participating employer.
863	863	(3) (a) The provisions of K.S.A. 74-4914(5), (7) and (10)(6) and (9),
864	864	and amendments thereto, which relate to an earnings limitation which
865	865	when met or exceeded requires that the retirant not receive a retirement
866	866	benefit for any month for which such retirant serves in a position as
867	867	described herein shall not apply to retirants who either retired under the
868	868	provisions of K.S.A. 74-4914(l), and amendments thereto, related to
869	869	normal retirement, or, if they retired under the provisions of K.S.A. 74-
870	870	4914(4), and amendments thereto, related to early retirement, and are
871	871	subsequently hired in a position that requires a license under K.S.A. 72-
872	872	2157, and amendments thereto, or other provision of law. The provisions
873	873	of this subsection shall only apply to retirants who retired prior to January
874	874	1, 2018. Except as otherwise provided, when a retirant is employed by the
875	875	same school district or a different school district with which such retirant
876	876	was employed during the final two years of such retirant's participation or
877	877	employed as an independent contractor or by a third-party entity who
878	878	contracts services with a school district to fill a position as described in
879	879	this subsection, the participating employer of such retirant shall pay to the
880	880	system the actuarially determined employer contribution based on the
881	881	retirant's compensation during any such period of employment plus 8%.
882	882	Commencing January 1, 2018, if a retirant is employed in a covered
883	883	position, as defined in K.S.A. 74-49,202, and amendments thereto, the
884	884	participating employer shall pay to the system the statutorily prescribed
885	885	employer contribution rate on the first $25,000 $35,000 of such retirant's
886	886	compensation in a calendar year and a 30% employer contribution on any
887	887	compensation in excess of $25,000 $35,000 in a calendar year during any
888	888	such period of employment. If a retirant is employed by more than one
889	889	participating employer or performing duties in more than one position,
890	890	contributions shall be made on compensation from all such employment
891	891	for that calendar year. If a retirant is employed in a non-covered position,
892	892	no employer contribution shall be paid to the system. The participating
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935	935	43 HB 2195 12
936	936	employer shall enroll all retirants and report to the system when
937	937	compensation is paid to a retirant as provided in this subsection. Such
938	938	notice shall contain a certification by the appointing authority of the
939	939	participating employer that any hired retirant has not been employed by
940	940	the participating employer within 60 days of such retirant's retirement and
941	941	that there was no prearranged agreement for employment between the
942	942	participating employer and the hired retirant. Upon request of the
943	943	executive director of the system, the participating employer shall provide
944	944	such information as may be needed by the executive director to carry out
945	945	the provisions of this subsection. The provisions of this subsection shall
946	946	not apply to retirants employed as substitute teachers without a contract.
947	947	The provisions of K.S.A. 74-4914(5), and amendments thereto, shall be
948	948	applicable to retirants employed as described in this subsection, except as
949	949	specifically provided in this subsection. Nothing in this subsection shall be
950	950	construed to create any right, or to authorize the creation of any right,
951	951	which that is not subject to amendment or nullification by act of the
952	952	legislature.
953	953	(4) (a) On and after July 1, 2016, a school district may hire a retired
954	954	licensed professional to fill a special teacher position as defined in K.S.A.
955	955	72-3404, and amendments thereto, if such retirant is hired not prior to 60
956	956	days after such retirant's retirement date without any prearrangement with
957	957	such school district in the manner prescribed in this subsection. The
958	958	participating employer shall enroll all retirants and report to the system
959	959	when compensation is paid to a retirant as provided in this subsection.
960	960	Such notice shall contain a certification by the appointing authority of the
961	961	participating employer that any hired retirant has not been employed by
962	962	the participating employer within 60 days of such retirant's retirement and
963	963	that there was no prearranged agreement for employment between the
964	964	participating employer and the hired retirant. Upon request of the
965	965	executive director of the system, the participating employer shall provide
966	966	such information as may be needed by the executive director to carry out
967	967	the provisions of this subsection.
968	968	(b) A retirant hired under the provisions of this subsection may
969	969	continue to receive such retirant's full retirement benefit for a period not to
970	970	exceed three school years or 36 months, whichever is less, and shall not be
971	971	subject to the provisions of K.S.A. 74-4914(5), and amendments thereto,
972	972	which relate to a compensation limitation which when met or exceeded
973	973	requires that the retirant not receive a retirement benefit for any month for
974	974	which such retirant serves in a position as described herein. Such retirant
975	975	may be employed by such employer for some or all of a school year, and
976	976	in subsequent school years if the employer is unable to permanently fill the
977	977	position with active members, so long as the retirant's total term of
978	978	employment with all employers under this subsection does not exceed 36
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1021	1021	43 HB 2195 13
1022	1022	months or three school years, whichever is less. After such period, the
1023	1023	retirant shall be subject to the provisions of K.S.A. 74-4914(7), and
1024	1024	amendments thereto, which relate to a compensation limitation which
1025	1025	when met or exceeded requires that the retirant not receive a retirement
1026	1026	benefit for any month for which such retirant serves in a position as
1027	1027	described herein. The participating employer of such retirant shall pay to
1028	1028	the system a 30% employer contribution based on the retirant's
1029	1029	compensation during any such period of employment. The provisions of
1030	1030	this subsection shall not apply to retirants employed as substitute teachers
1031	1031	without a contract. The provisions of K.S.A. 74-4914(5), and amendments
1032	1032	thereto, shall be applicable to retirants employed as special teachers,
1033	1033	except as specifically provided in this subsection.
1034	1034	(c) Each school district that uses the provisions of this subsection to
1035	1035	hire retirants shall maintain documentation describing their recruiting
1036	1036	efforts to obtain non-retirant employees to fill the special teacher positions.
1037	1037	Upon request of the joint committee on pensions, investments and
1038	1038	benefits, an employer shall provide such documentation to the committee.
1039	1039	If the committee finds that an employer has not made sufficient efforts to
1040	1040	hire a non-retirant for the position or if the committee finds evidence of
1041	1041	prearrangement in violation of this section, the three-year exemption
1042	1042	provided pursuant to this subsection may be revoked. The committee shall
1043	1043	notify the executive director of the system that a retirant's exemption has
1044	1044	been revoked within 30 days of making such a determination.
1045	1045	(d) An employer may submit a written assurance protocol to the
1046	1046	system to make a one-time extension to the exception provided for in this
1047	1047	subsection by one year. Such written assurance protocol shall be signed by
1048	1048	the superintendent and the board president of the school district. Such
1049	1049	written assurance protocol shall state that the position was advertised on
1050	1050	multiple platforms for a minimum of 30 calendar days and that at least one
1051	1051	of the following conditions occurred:
1052	1052	(i) No applications were submitted for the position;
1053	1053	(ii) if applications were submitted, none of the applicants met the
1054	1054	reference screening criteria of the employer; or
1055	1055	(iii) if applications were submitted, none of the applicants possessed
1056	1056	an appropriate teaching license for the state of Kansas or possessed the
1057	1057	appropriate credentials to receive any type of teaching license from the
1058	1058	state of Kansas.
1059	1059	(e) Nothing in this subsection shall be construed to create any right,
1060	1060	or to authorize the creation of any right, which is not subject to
1061	1061	amendment or nullification by act of the legislature.
1062	1062	(f) The provisions of this subsection shall expire on January 1, 2018.
1063	1063	(5) (a) On and after July 1, 2016, a school district may hire a retired
1064	1064	licensed professional to fill a non-special teacher position if such retirant is
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1107	1107	43 HB 2195 14
1108	1108	hired not prior to 60 days after such retirant's retirement date without any
1109	1109	prearrangement with such school district, and if such school district hires a
1110	1110	retirant for a hard-to-fill position in the manner prescribed in this
1111	1111	subsection. The participating employer shall enroll all retirants and report
1112	1112	to the system when compensation is paid to a retirant as provided in this
1113	1113	subsection. Such notice shall contain a certification by the appointing
1114	1114	authority of the participating employer that any hired retirant has not been
1115	1115	employed by the participating employer within 60 days of such retirant's
1116	1116	retirement and that there was no prearranged agreement for employment
1117	1117	between the participating employer and the hired retirant. Upon request of
1118	1118	the executive director of the system, the participating employer shall
1119	1119	provide such information as may be needed by the executive director to
1120	1120	carry out the provisions of this subsection.
1121	1121	(b) The state board of education shall annually certify the top five
1122	1122	types of licensed positions that are hard to fill. A school district may hire a
1123	1123	retirant to fill a hard-to-fill position for some or all of a school year and in
1124	1124	subsequent school years if the employer is unable to permanently fill the
1125	1125	position with an active member. A retirant first hired under the provisions
1126	1126	of this subsection may be retained by an employer even if such retirant's
1127	1127	type of position is no longer one of the five types of positions certified by
1128	1128	the state board of education. A retirant hired under the provisions of this
1129	1129	subsection may continue to receive such retirant's full retirement benefit
1130	1130	for a period not to exceed three school years or 36 months, whichever is
1131	1131	less, and shall not be subject to the provisions of K.S.A. 74-4914(5), and
1132	1132	amendments thereto, which relate to a compensation limitation which
1133	1133	when met or exceeded requires that the retirant not receive a retirement
1134	1134	benefit for any month for which such retirant serves in a position as
1135	1135	described herein. Such retirant may be employed by such employer for
1136	1136	some or all of a school year, and in subsequent school years if the
1137	1137	employer is unable to permanently fill the position with active members,
1138	1138	so long as the retirant's total term of employment with all employers under
1139	1139	this subsection does not exceed 36 months or three school years,
1140	1140	whichever is less. After such period, the retirant shall be subject to the
1141	1141	provisions of K.S.A. 74-4914(7), and amendments thereto, which relate to
1142	1142	a compensation limitation which when met or exceeded requires that the
1143	1143	retirant not receive a retirement benefit for any month for which such
1144	1144	retirant serves in a position as described herein. The participating
1145	1145	employer of such retirant shall pay to the system a 30% employer
1146	1146	contribution based on the retirant's compensation during any such period
1147	1147	of employment. The provisions of this subsection shall not apply to
1148	1148	retirants employed as substitute teachers without a contract. The provisions
1149	1149	of K.S.A. 74-4914(5), and amendments thereto, shall be applicable to
1150	1150	retirants employed as described in this subsection, except as specifically
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1194	1194	provided in this subsection.
1195	1195	(c) Each school district that uses the provisions of this subsection to
1196	1196	hire retirants for hard-to-fill positions shall maintain documentation
1197	1197	describing their recruiting efforts to obtain non-retirant employees to fill
1198	1198	the hard-to-fill positions. Upon request of the joint committee on pensions,
1199	1199	investments and benefits, a school district shall provide such
1200	1200	documentation to the committee. If the committee finds that a school
1201	1201	district has not made sufficient efforts to hire a non-retirant for the position
1202	1202	or if the committee finds evidence of prearrangement in violation of this
1203	1203	section, the three-year exemption provided pursuant to this subsection may
1204	1204	be revoked. The committee shall notify the executive director of the
1205	1205	system that a retirant's exemption has been revoked within 30 days of
1206	1206	making such a determination.
1207	1207	(d) An employer may submit a written assurance protocol to the
1208	1208	system to make a one-time extension to the exception provided for in this
1209	1209	subsection by one year. Such written assurance protocol shall be signed by
1210	1210	the superintendent and the board president of the school district. Such
1211	1211	written assurance protocol shall state that the position was advertised on
1212	1212	multiple platforms for a minimum of 30 calendar days and that at least one
1213	1213	of the following conditions occurred:
1214	1214	(i) No applications were submitted for the position;
1215	1215	(ii) if applications were submitted, none of the applicants met the
1216	1216	reference screening criteria of the employer; or
1217	1217	(iii) if applications were submitted, none of the applicants possessed
1218	1218	an appropriate teaching license for the state of Kansas or possessed the
1219	1219	appropriate credentials to receive any type of teaching license from the
1220	1220	state of Kansas.
1221	1221	(e) Nothing in this subsection shall be construed to create any right,
1222	1222	or to authorize the creation of any right, which is not subject to
1223	1223	amendment or nullification by act of the legislature.
1224	1224	(f) The provisions of this subsection shall expire on January 1, 2018.
1225	1225	(6)(b) Notwithstanding the provisions of K.S.A. 74-4914, and
1226	1226	amendments thereto, or this section to the contrary, for the period
1227	1227	commencing on July 1, 2023, and ending on December 31, 2024, the
1228	1228	participating employer shall pay to the system the statutorily prescribed
1229	1229	employer contribution rate on all compensation of a retirant employed in
1230	1230	a covered position. Nothing in this paragraph shall be construed to create
1231	1231	any right, or to authorize the creation of any right that is not subject to
1232	1232	amendment or nullification by act of the legislature.
1233	1233	(4) The provisions of K.S.A. 74-4914(8)(7), and amendments thereto,
1234	1234	shall apply to retirants under the provisions of this section.
1235	1235	(7)(5) For the purposes of this section a prearranged agreement for
1236	1236	employment may be determined by whether the facts and circumstances of
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1280	1280	the situation indicate that the employer and employee reasonably
1281	1281	anticipated that further services would be performed after the employee's
1282	1282	retirement.
1283	1283	Sec. 3. K.S.A. 74-4937 and K.S.A. 2022 Supp. 74-4914 are hereby
1284	1284	repealed.
1285	1285	Sec. 4. This act shall take effect and be in force from and after its
1286	1286	publication in the statute book.
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