KS
Kansas House Bill HB2711

Kansas 2023-2024 Regular Session

Kansas House Bill HB2711 Compare Versions

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1+Session of 2024
12 HOUSE BILL No. 2711
2-AN ACT concerning state-managed funds; relating to investment procedures, standards and
3-requirements therefor and certain retirement benefits therefrom; enacting the
4-countries of concern divestment act; requiring divestment from investments with
5-countries of concern and providing exceptions therefor; prohibiting investments and
6-deposits with any bank or company domiciled in a country of concern; indemnifying
7-state-managed funds with respect to actions taken in compliance with such act;
8-providing an expiration date for such act; relating to the Kansas public employees
9-retirement system and systems thereunder; Kansas public employees retirement fund;
10-increasing the statutory alternative investment percentage limit to 25%; increasing
11-the membership waiting period for direct support positions of community service
12-providers; increasing the lump-sum death benefit; employment after retirement;
13-increasing the amount of retirant compensation subject to the statutory employer
14-contribution rate; providing an exemption for retirants employed by a community
15-developmental disability organization or a community service provider affiliated with
16-a community developmental disability organization in a licensed professional nurse,
17-licensed practical nurse or direct support position; increasing the earnings limit for
18-members of the Kansas police and firemen's retirement system; amending K.S.A. 74-
19-4937, 74-4957, 74-4957a, 74-4989 and 74-49,315 and K.S.A. 2023 Supp. 74-4911,
20-74-4914 and 74-4921 and repealing the existing sections.
3+By Committee on Financial Institutions and Pensions
4+Requested by Representative Hoye
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6+AN ACT concerning retirement and pensions; relating to the Kansas public
7+employees retirement system; employment after retirement; increasing
8+the amount of retirant compensation subject to the statutory employer
9+contribution rate; amending K.S.A. 74-4937 and K.S.A. 2023 Supp. 74-
10+4914 and repealing the existing sections.
2111 Be it enacted by the Legislature of the State of Kansas:
22-New Section 1. The provisions of sections 1 through 7, and
23-amendments thereto, shall be known and may be cited as the countries
24-of concern divestment act.
25-New Sec. 2. As used in this act:
26-(a) "Act" means the countries of concern divestment act.
27-(b) "Company" means any:
28-(1) For-profit corporation, partnership, limited partnership, limited
29-liability partnership, limited liability company, joint venture, trust,
30-association, sole proprietorship or other organization, including any:
31-(A) Subsidiary of such company, a majority ownership interest of
32-which is held by such company;
33-(B) parent company that holds a majority ownership of such
34-company; and
35-(C) other affiliate or business association of such company whose
36-primary purpose is to make a profit; or
37-(2) nonprofit organization.
38-(c) (1) "Country of concern" means the following:
39-(A) People's republic of China, including the Hong Kong special
40-administrative region;
41-(B) republic of Cuba;
42-(C) islamic republic of Iran;
43-(D) democratic people's republic of Korea;
44-(E) Russian federation; and
45-(F) Bolivarian republic of Venezuela.
46-(2) "Country of concern" does not include the republic of China
47-(Taiwan).
48-(d) "Covered transaction" means the same as defined in 31 C.F.R.
49-§ 800.213, as in effect on July 1, 2024.
50-(e) "Covered control transaction" means the same as defined in 31
51-C.F.R. § 800.210, as in effect on July 1, 2024.
52-(f) "Domicile" means the country where:
53-(1) A company is organized;
54-(2) a company completes a substantial portion of its business; or
55-(3) a majority of a company's ownership interest is held.
56-(g) "Person" means an individual.
57-(h) "Person owned or controlled by or subject to the jurisdiction or
58-direction of a country of concern" means any:
59-(1) Person, wherever located, who is a citizen of a nation-state
60-controlled by a country of concern, unless such person is a lawful
61-permanent resident of the United States; or
62-(2) corporation, partnership, association or other organization
63-organized under the laws of a nation-state controlled by a country of
64-concern.
65-(i) "State agency" means any department, authority, bureau,
66-division, office or other governmental agency of this state.
67-(j) "State-managed fund" means:
68-(1) The Kansas public employees retirement fund managed by the HOUSE BILL No. 2711—page 2
69-board of trustees of the Kansas public employees retirement system in
70-accordance with K.S.A. 74-4921, and amendments thereto;
71-(2) the pooled money investment portfolio managed by the pooled
72-money investment board in accordance with article 42 of chapter 75 of
73-the Kansas Statutes Annotated, and amendments thereto; and
74-(3) any other fund that is sponsored or managed by a state agency.
75-New Sec. 3. (a) (1) Notwithstanding the provisions of K.S.A. 74-
76-4921, and amendments thereto, or any other statute to the contrary, and
77-except as provided in paragraph (2), a state-managed fund shall sell,
78-redeem, divest or withdraw all publicly traded securities of any country
79-of concern or person owned or controlled by or subject to the
80-jurisdiction or direction of a country of concern in accordance with the
81-following schedule:
82-(A) At least 50% of such assets shall be removed from the state-
83-managed fund's assets under management not later than July 1, 2025, or
84-one year from the date section 2, and amendments thereto, is amended
85-to include such country of concern if amended after July 1, 2024,
86-unless the state-managed fund determines that a later date is more
87-prudent based on a good faith exercise of the state-managed fund's
88-fiduciary discretion and subject to subparagraph (B); and
89-(B) 100% of such assets shall be removed from the state-managed
90-fund's assets under management not later than January 1, 2026, or one
91-year from the date section 2, and amendments thereto, is amended to
92-include such country of concern if amended after July 1, 2024.
93-(2) If a country of concern takes action to prohibit or restrict the
94-selling, redeeming, divesting or withdrawing of publicly traded
95-securities of any country of concern or person owned or controlled by
96-or subject to the jurisdiction or direction of a country of concern
97-beyond the scheduled removal dates provided in paragraph (1), the
98-state-managed fund shall remove 100% of such assets from the state-
99-managed fund's assets not later than one year from the date that such
100-action is ended by such country of concern.
101-(b) A state-managed fund shall not knowingly acquire securities of
102-any country of concern or person owned or controlled by or subject to
103-the jurisdiction or direction of a country of concern.
104-(c) A state-managed fund shall not invest or make a deposit in any
105-bank that is domiciled in a country of concern.
106-New Sec. 4. (a) Notwithstanding the provisions of K.S.A. 74-
107-4921, and amendments thereto, or any other statute to the contrary, a
108-state-managed fund shall divest from any indirect holdings in actively
109-or passively managed investment funds containing publicly traded
110-securities of any country of concern or person owned or controlled by
111-or subject to the jurisdiction or direction of a country of concern. Such
112-state-managed fund may submit letters to the managers of each
113-investment fund containing publicly traded securities of any country of
114-concern or person owned or controlled by or subject to the jurisdiction
115-or direction of a country of concern requesting that they remove such
116-publicly traded securities from the fund or create a similar actively or
117-passively managed fund with indirect holdings devoid of such publicly
118-traded securities. If a manager creates a similar fund with substantially
119-the same management fees and substantially the same level of
120-investment risk and anticipated return, the state-managed fund may
121-replace all applicable investments with investments in the similar fund
122-in a time frame consistent with prudent fiduciary standards but not later
123-than the 450
124-th
125- day after the date the fund is created. If a manager does
126-not create such similar fund, the state-managed fund shall divest from
127-such indirect holdings in actively or passively managed investment
128-funds.
129-(b) (1) The provisions of this act shall not apply to any real estate
130-or private equity investment commitment made by a state-managed
131-fund prior to July 1, 2024, or to a real estate or private equity
132-investment commitment made by a state-managed fund prior to the date
133-that section 2, and amendments thereto, is amended to include a
134-country of concern, if amended after July 1, 2024. HOUSE BILL No. 2711—page 3
135-(2) On and after July 1, 2024, a state-managed fund shall not make
136-any new real estate or private equity investment commitment in a
137-person owned or controlled by or subject to the jurisdiction of a country
138-of concern.
139-New Sec. 5. Not later than the first day of the regular session of
140-the legislature, each year, each state-managed fund shall file a report
141-with the legislature and the Kansas public employees retirement system
142-shall also file such report with the joint committee on pensions,
143-investments and benefits that:
144-(a) Identifies all securities sold, redeemed, divested or withdrawn
145-in compliance with section 3(a), and amendments thereto;
146-(b) identifies amendments to section 2, and amendments thereto,
147-that add or remove a country of concern after the later of July 1, 2024,
148-or the last date such information was reported under this section; and
149-(c) summarizes any changes made under section 4, and
150-amendments thereto.
151-New Sec. 6. In a cause of action based on an action, inaction,
152-decision, divestment, investment, report or other determination made or
153-taken in compliance with this act, without regard to whether the person
154-performed services for compensation, the state shall indemnify and
155-hold harmless for actual damages, court costs and attorney fees
156-adjudged against members of a state-managed fund or any other
157-officers of such state-managed fund related to the act or omission on
158-which the damages are based and defend the state-managed fund and
159-any of such state-managed fund's current and former employees.
160-New Sec. 7. (a) The provisions of this act shall expire on July 1,
161-2029.
162-(b) On or after July 1, 2028, but before July 15, 2028, the Kansas
163-public employees retirement system shall notify the speaker of the
164-house of representatives, the president of the senate and the chairperson
165-of the joint committee on pensions, investments and benefits that this
166-act is scheduled to expire on July 1, 2029.
167-Sec. 8. K.S.A. 2023 Supp. 74-4911 is hereby amended to read as
168-follows: 74-4911. (1) Any employee of a participating employer other
169-than an elected official on the entry date of such employer shall be a
170-member of the system on either the entry date or the first day of the
171-payroll period coinciding with or following the completion of one year
172-of service, whichever is later, except that an employee of a participating
173-employer who was first employed by a participating employer on or
174-after July 1, 2008, but before July 1, 2009, shall be a member on July 1,
175-2009, and except that an employee who is first employed by a
176-participating employer on or after July 1, 2009, shall be a member of
177-the system on the first day of employment of such employee with such
178-participating employer. On and after July 1, 2019, employees employed
179-in direct support positions of an affiliated employer organized under
180-K.S.A. 19-4001, and amendments thereto, and or defined under K.S.A.
181-39-1803, and amendments thereto, may become a member of the
182-system on the first day of the payroll period coinciding with or
183-following the completion of a two-year period of training, whichever is
184-later. For purposes of this act occasional breaks in service which shall
185-not exceed an aggregate of 10 days in any such year shall not constitute
186-a break in service for purposes of determining the membership date of
187-such employee.
188-(2) Except as otherwise provided in this subsection, any employee
189-other than an elected official who is employed by a participating
190-employer after the entry date of such employer shall be a member of
191-the system on the first day of the payroll period coinciding with or
192-following completion of one year of continuous service. For purposes
193-of this act, occasional breaks in service which shall not exceed an
194-aggregate of 10 days in any such year shall not constitute a break in
195-continuous service for purposes of determining the membership date of
196-such employee. For purposes of this subsection, any employee of a
197-local governmental unit which has its own pension plan who becomes
198-an employee of a participating employer as a result of a merger or HOUSE BILL No. 2711—page 4
199-consolidation of services provided by local governmental units, which
200-occurred on January 1, 1994, may count service with such local
201-governmental unit in determining whether such employee has met the
202-one year of continuous service requirement contained in this
203-subsection.
204-(3) Any employee who is an elected official and is eligible to join
205-the system shall file, within 90 days after taking the oath of office, an
206-irrevocable election to become or not to become a member of the
207-system. Such election shall become effective immediately upon making
208-such election, if such election is made within 14 days of taking the oath
209-of office or, otherwise, on the first day of the first payroll period of the
210-first quarter following receipt of the election in the office of the
211-retirement system. In the event that such elected official fails to file the
212-election to become a member of the retirement system, it shall be
213-presumed that such person has elected not to become a member.
214-(4) Except as otherwise required by USERRA, any employee
215-other than an elected official who is in military service or on leave of
216-absence on the entry date of such employee's employer shall become a
217-member of the system upon returning to active employment or on the
218-first day of the payroll period coinciding with or following the
219-completion of one year of service, whichever is later. For purposes of
220-this act, occasional breaks in service which shall not exceed an
221-aggregate of 10 days in any such year shall not constitute a break in
222-service for purposes of determining the membership date of such
223-employee.
224-(5) Any employee of the state of Kansas other than an elected
225-official, who is receiving or is eligible for assistance by the state board
226-of regents in the purchase of a retirement annuity under K.S.A. 74-
227-4925, and amendments thereto, and who becomes ineligible for such
228-assistance because such employee's position is reclassified to a position
229-in the classified service under the Kansas civil service act, or who
230-becomes ineligible for such assistance because such person accepts and
231-transfers to a position in the classified service under the Kansas civil
232-service act shall be a member of the system on the first day of the
233-payroll period coinciding with or following the effective date of such
234-reclassification or transfer. Any such employee who became ineligible
235-for such assistance prior to the effective date of this act April 15, 1977,
236-because of such a reclassification or such a transfer occurring prior to
237-the effective date of this act April 15, 1977, and who is not a member of
238-the system on the effective date of this act April 15, 1977, shall be a
239-member of the system on the first day of the payroll period coinciding
240-with or following the effective date of this act April 15, 1977.
241-(6) Any employee of the state board of regents or of an
242-educational institution under its management, other than an elected
243-official, who is a member of the system and who becomes ineligible to
244-be a member of the system because such employee's position is
245-reclassified to a position under the Kansas civil service act which is
246-eligible for assistance by the state board of regents in the purchase of a
247-retirement annuity under K.S.A. 74-4925, and amendments thereto, or
248-who becomes ineligible to be a member of the system because such
249-employee transfers to a position under the Kansas civil service act
250-which is eligible for such assistance, shall become eligible for such
251-assistance in accordance with the provisions of K.S.A. 74-4925, and
252-amendments thereto, unless such employee files a written election in
253-the office of the retirement system, in the form and manner prescribed
254-by the board of trustees thereof, to remain a member of the system prior
255-to the first day of the first complete payroll period occurring after the
256-effective date of such reclassification or transfer. Failure to file such
257-written election shall be presumed to be an election not to remain a
258-member of the system and to become eligible for assistance by the state
259-board of regents in the purchase of a retirement annuity under K.S.A.
260-74-4925, and amendments thereto. Such election, whether to remain a
261-member of the system or to become eligible for such assistance, shall
262-be effective as of the effective date of such reclassification or transfer, HOUSE BILL No. 2711—page 5
263-and shall be irrevocable.
264-(7) Any elected official who at the time of becoming an elected
265-official is already a member of the system by being or having been an
266-employee of a participating employer shall continue as a member of the
267-system.
268-Sec. 9. K.S.A. 2023 Supp. 74-4914 is hereby amended to read as
12+Section 1. K.S.A. 2023 Supp. 74-4914 is hereby amended to read as
26913 follows: 74-4914.(1) The normal retirement date for a member of the
27014 system shall be the first day of the month coinciding with or following
271-termination of employment with any participating employer not
272-followed by employment with any participating employer within 60
273-days, or 180 days as provided in subsection (10) (9), and without any
274-prearranged agreement for employment with any participating
275-employer, and the attainment of age 65 or, commencing July 1, 1993,
276-age 62 with the completion of 10 years of credited service or the first
277-day of the month coinciding with or following the date that the total of
278-the number of years of credited service and the number of years of
279-attained age of the member is equal to or more than 85. In no event
280-shall a normal retirement date for a member be before six months after
281-the entry date of the participating employer by whom such member is
282-employed. A member may retire on the normal retirement date or on the
283-first day of any month thereafter upon the filing with the office of the
284-retirement system of an application in such form and manner as the
285-board shall prescribe. Such application shall contain a certification by
286-the member that the member will not be employed with any
287-participating employer within 60 days, or 180 days as provided in
288-subsection (10) (9), of retirement and the member has not entered into a
289-prearranged agreement for employment with any participating
290-employer. Nothing herein shall prevent any person, member or retirant
291-from being employed, appointed or elected as an employee, appointee,
292-officer or member of the legislature. Elected officers may retire from
293-the system on any date on or after the attainment of the normal
294-retirement date, but no retirement benefits payable under this act shall
295-be paid until the member has terminated such member's office.
15+termination of employment with any participating employer not followed
16+by employment with any participating employer within 60 days, or 180
17+days as provided in subsection (10) (9), and without any prearranged
18+agreement for employment with any participating employer, and the
19+attainment of age 65 or, commencing July 1, 1993, age 62 with the
20+completion of 10 years of credited service or the first day of the month
21+coinciding with or following the date that the total of the number of years
22+of credited service and the number of years of attained age of the member
23+is equal to or more than 85. In no event shall a normal retirement date for a
24+member be before six months after the entry date of the participating
25+employer by whom such member is employed. A member may retire on
26+the normal retirement date or on the first day of any month thereafter upon
27+the filing with the office of the retirement system of an application in such
28+form and manner as the board shall prescribe. Such application shall
29+contain a certification by the member that the member will not be
30+employed with any participating employer within 60 days, or 180 days as
31+provided in subsection (10) (9), of retirement and the member has not
32+entered into a prearranged agreement for employment with any
33+participating employer. Nothing herein shall prevent any person, member
34+or retirant from being employed, appointed or elected as an employee,
35+appointee, officer or member of the legislature. Elected officers may retire
36+from the system on any date on or after the attainment of the normal
37+retirement date, but no retirement benefits payable under this act shall be
38+paid until the member has terminated such member's office.
29639 (2) No retirant shall make contributions to the system or receive
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29775 service credit for any service after the date of retirement.
29876 (3) Any member who is an employee of an affiliating employer
29977 pursuant to K.S.A. 74-4954b, and amendments thereto, and has not
30078 withdrawn such member's accumulated contributions from the Kansas
30179 police and firemen's retirement system may retire before such member's
30280 normal retirement date on the first day of any month coinciding with or
30381 following the attainment of age 55.
304-(4) Any member may retire before such member's normal
305-retirement date on the first day of any month coinciding with or
306-following termination of employment with any participating employer
307-not followed by employment with any participating employer within 60
308-days, or 180 days as provided in subsection (10) (9), and the attainment
309-of age 55 with the completion of 10 years of credited service, but in no
310-event before six months after the entry date, upon the filing with the
311-office of the retirement system of an application for retirement in such
312-form and manner as the board shall prescribe. The member's
313-application for retirement shall contain a certification by the member
314-that the member will not be employed with any participating employer
315-within 60 days, or 180 days as provided in subsection (10) (9), of
316-retirement and the member has not entered into a prearranged
317-agreement for employment with any participating employer.
318-(5) Except as provided in subsections (7) and (10), on or after July
319-1, 2006, through December 31, 2017, for any retirant who is first
320-employed or appointed in or to any position or office by a participating
321-employer other than a participating employer for which such retirant
322-was employed or appointed during the final two years of such retirant's
323-participation, and, on or after April 1, 2009, for any retirant who is
324-employed by a third-party entity who contracts services with a
325-participating employer other than a participating employer for which
326-such retirant was employed or appointed during the final two years of HOUSE BILL No. 2711—page 6
327-such retirant's participation to fill a position covered under K.S.A. 72-
328-2215(a), and amendments thereto, with such retirant, such participating
329-employer shall pay to the system the actuarially determined employer
330-contribution and the statutorily prescribed employee contribution based
331-on the retirant's compensation during any such period of employment
332-or appointment. If a retirant is employed or appointed in or to any
333-position or office for which compensation for service is paid in an
334-amount equal to $25,000 or more in any one calendar year between
335-July 1, 2016, and January 1, 2018, by any participating employer for
336-which such retirant was employed or appointed during the final two
337-years of such retirant's participation, and, on or after April 1, 2009, by
338-any third-party entity who contracts services to fill a position covered
339-under K.S.A. 72-2215(a), and amendments thereto, with such retirant
340-with a participating employer for which such retirant was employed or
341-appointed during the final two years of such retirant's participation,
342-such retirant shall not receive any retirement benefit for any month for
343-which such retirant serves in such position or office. The participating
344-employer who employs such retirant whether by contract directly with
345-the retirant or through an arrangement with a third-party entity shall
346-report to the system within 30 days of when the compensation paid to
347-the retirant is equal to or exceeds any limitation provided by this
348-section. Any participating employer who contracts services with any
349-such third-party entity to fill a position covered under K.S.A. 72-
350-2215(a), and amendments thereto, shall include in such contract a
351-provision or condition which requires the third-party entity to provide
352-the participating employer with the necessary compensation paid
82+(4) Any member may retire before such member's normal retirement
83+date on the first day of any month coinciding with or following
84+termination of employment with any participating employer not followed
85+by employment with any participating employer within 60 days, or 180
86+days as provided in subsection (10) (9), and the attainment of age 55 with
87+the completion of 10 years of credited service, but in no event before six
88+months after the entry date, upon the filing with the office of the retirement
89+system of an application for retirement in such form and manner as the
90+board shall prescribe. The member's application for retirement shall
91+contain a certification by the member that the member will not be
92+employed with any participating employer within 60 days, or 180 days as
93+provided in subsection (10) (9), of retirement and the member has not
94+entered into a prearranged agreement for employment with any
95+participating employer.
96+(5) Except as provided in subsections (7) and (10), on or after July 1,
97+2006, through December 31, 2017, for any retirant who is first employed
98+or appointed in or to any position or office by a participating employer
99+other than a participating employer for which such retirant was employed
100+or appointed during the final two years of such retirant's participation, and,
101+on or after April 1, 2009, for any retirant who is employed by a third-party
102+entity who contracts services with a participating employer other than a
103+participating employer for which such retirant was employed or appointed
104+during the final two years of such retirant's participation to fill a position
105+covered under K.S.A. 72-2215(a), and amendments thereto, with such
106+retirant, such participating employer shall pay to the system the actuarially
107+determined employer contribution and the statutorily prescribed employee
108+contribution based on the retirant's compensation during any such period
109+of employment or appointment. If a retirant is employed or appointed in or
110+to any position or office for which compensation for service is paid in an
111+amount equal to $25,000 or more in any one calendar year between July 1,
112+2016, and January 1, 2018, by any participating employer for which such
113+retirant was employed or appointed during the final two years of such
114+retirant's participation, and, on or after April 1, 2009, by any third-party
115+entity who contracts services to fill a position covered under K.S.A. 72-
116+2215(a), and amendments thereto, with such retirant with a participating
117+employer for which such retirant was employed or appointed during the
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161+final two years of such retirant's participation, such retirant shall not
162+receive any retirement benefit for any month for which such retirant serves
163+in such position or office. The participating employer who employs such
164+retirant whether by contract directly with the retirant or through an
165+arrangement with a third-party entity shall report to the system within 30
166+days of when the compensation paid to the retirant is equal to or exceeds
167+any limitation provided by this section. Any participating employer who
168+contracts services with any such third-party entity to fill a position covered
169+under K.S.A. 72-2215(a), and amendments thereto, shall include in such
170+contract a provision or condition which requires the third-party entity to
171+provide the participating employer with the necessary compensation paid
353172 information related to any such position filled by the third-party entity
354173 with a retirant to enable the participating employer to comply with
355-provisions of this subsection relating to the payment of contributions
356-and reporting requirements. The provisions and requirements provided
357-for in amendments made in this act which relate to positions filled with
358-a retirant or employment of a retirant by a third-party entity shall not
359-apply to any contract for services entered into prior to April 1, 2009,
360-between a participating employer and third-party entity as described in
361-this subsection. Any retirant employed by a participating employer or a
362-third-party entity as provided in this subsection shall not make
363-contributions nor receive additional credit under such system for such
364-service except as provided by this section. Upon request of the
365-executive director of the system, the secretary of revenue shall provide
366-such information as may be needed by the executive director to carry
367-out the provisions of this act. The provisions of this subsection shall not
368-apply to retirants employed as substitute teachers without a contract or
369-officers, employees or appointees of the legislature. The provisions of
370-this subsection shall not apply to members of the legislature. The
371-provisions of this subsection shall not apply to any other elected
372-officials. Commencing July 1, 2005, the provisions of this subsection
373-shall not apply to retirants who either retired under the provisions of
374-subsection (1), or, if they retired under the provisions of subsection (4),
375-were retired more than 30 days prior to the effective date of this act and
376-are licensed professional nurses or licensed practical nurses employed
377-by the state of Kansas in an institution as defined in K.S.A. 76-
378-12a01(b) or K.S.A. 38-2302(k), and amendments thereto, the Kansas
379-soldiers' home or the Kansas veterans' home. Nothing in this subsection
380-shall be construed to create any right, or to authorize the creation of any
381-right, which is not subject to amendment or nullification by act of the
382-legislature. The participating employer of such retirant shall pay to the
383-system the actuarially determined employer contribution based on the
384-retirant's compensation during any such period of employment. The
174+provisions of this subsection relating to the payment of contributions and
175+reporting requirements. The provisions and requirements provided for in
176+amendments made in this act which relate to positions filled with a retirant
177+or employment of a retirant by a third-party entity shall not apply to any
178+contract for services entered into prior to April 1, 2009, between a
179+participating employer and third-party entity as described in this
180+subsection. Any retirant employed by a participating employer or a third-
181+party entity as provided in this subsection shall not make contributions nor
182+receive additional credit under such system for such service except as
183+provided by this section. Upon request of the executive director of the
184+system, the secretary of revenue shall provide such information as may be
185+needed by the executive director to carry out the provisions of this act. The
186+provisions of this subsection shall not apply to retirants employed as
187+substitute teachers without a contract or officers, employees or appointees
188+of the legislature. The provisions of this subsection shall not apply to
189+members of the legislature. The provisions of this subsection shall not
190+apply to any other elected officials. Commencing July 1, 2005, the
191+provisions of this subsection shall not apply to retirants who either retired
192+under the provisions of subsection (1), or, if they retired under the
193+provisions of subsection (4), were retired more than 30 days prior to the
194+effective date of this act and are licensed professional nurses or licensed
195+practical nurses employed by the state of Kansas in an institution as
196+defined in K.S.A. 76-12a01(b) or K.S.A. 38-2302(k), and amendments
197+thereto, the Kansas soldiers' home or the Kansas veterans' home. Nothing
198+in this subsection shall be construed to create any right, or to authorize the
199+creation of any right, which is not subject to amendment or nullification by
200+act of the legislature. The participating employer of such retirant shall pay
201+to the system the actuarially determined employer contribution based on
202+the retirant's compensation during any such period of employment. The
385203 provisions of the subsection shall expire on January 1, 2018.
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386247 (6) For purposes of this section, any employee of a local
387-governmental unit which that has its own pension plan who becomes
388-an employee of a participating employer as a result of a merger or
389-consolidation of services provided by local governmental units, which
390-that occurred on January 1, 1994, may count service with such local HOUSE BILL No. 2711—page 7
248+governmental unit which that has its own pension plan who becomes an
249+employee of a participating employer as a result of a merger or
250+consolidation of services provided by local governmental units, which that
251+occurred on January 1, 1994, may count service with such local
391252 governmental unit in determining whether such employee has met the
392253 years of credited service requirements contained in this section.
393-(7)(6) (a) (i) Except as provided in K.S.A. 74-4937(3), (4), or (5),
394-and amendments thereto, and the provisions of this subsection,
395-commencing July 1, 2016, and ending January 1, 2018, any retirant
396-who is employed or appointed in or to any position by a participating
397-employer, an independent contractor or a third-party entity who
398-contracts services with a participating employer to fill a position,
399-without any prearranged agreement with such participating employer
400-and not prior to 60 days after such retirant's retirement date, shall not
401-receive any retirement benefit for any month in any calendar year in
402-which the retirant receives compensation in an amount equal to $25,000
403-or more, pursuant to this subsection. Any participating employer who
404-hires a retirant covered by this subsection shall pay to the system the
405-statutorily prescribed employer contribution rate for such retirant,
406-without regard to whether the retirant is receiving benefits.
254+(7)(6) (a) (i) Except as provided in K.S.A. 74-4937(3), (4), or (5), and
255+amendments thereto, and the provisions of this subsection, commencing
256+July 1, 2016, and ending January 1, 2018, any retirant who is employed or
257+appointed in or to any position by a participating employer, an independent
258+contractor or a third-party entity who contracts services with a
259+participating employer to fill a position, without any prearranged
260+agreement with such participating employer and not prior to 60 days after
261+such retirant's retirement date, shall not receive any retirement benefit for
262+any month in any calendar year in which the retirant receives
263+compensation in an amount equal to $25,000 or more, pursuant to this
264+subsection. Any participating employer who hires a retirant covered by this
265+subsection shall pay to the system the statutorily prescribed employer
266+contribution rate for such retirant, without regard to whether the retirant is
267+receiving benefits.
407268 (ii) Commencing January 1, 2018, for all retirements that occurred
408-prior to such date, any retirant who is employed or appointed in or to
409-any position by a participating employer, an independent contractor or
410-a third-party entity who contracts services with a participating
411-employer to fill a position, without any prearranged agreement with
412-such participating employer and not prior to 60 days after such
413-retirant's retirement date, shall not be subject to an earnings limitation
414-that when met or exceeded requires that the retirant not receive a
415-retirement benefit for any month for which such retirant serves in such
416-position. If a retirant is employed in a covered position, as defined in
417-K.S.A. 74-49,202, and amendments thereto, the participating employer
418-of such retirant shall pay to the system the statutorily prescribed
419-employer contribution rate on the first $25,000 $40,000 of such
420-retirant's compensation in a calendar year and a 30% employer
421-contribution on any compensation in excess of $25,000 $40,000 in a
422-calendar year during any such period of employment. If a retirant is
423-employed by more than one participating employer or performing
424-duties in more than one position, contributions shall be made on
425-compensation from all such employment for that calendar year. If a
426-retirant is employed in a non-covered position, no employer
427-contribution shall be paid to the system.
269+prior to such date, any retirant who is employed or appointed in or to any
270+position by a participating employer, an independent contractor or a third-
271+party entity who contracts services with a participating employer to fill a
272+position, without any prearranged agreement with such participating
273+employer and not prior to 60 days after such retirant's retirement date, shall
274+not be subject to an earnings limitation that when met or exceeded requires
275+that the retirant not receive a retirement benefit for any month for which
276+such retirant serves in such position. If a retirant is employed in a covered
277+position, as defined in K.S.A. 74-49,202, and amendments thereto, the
278+participating employer of such retirant shall pay to the system the
279+statutorily prescribed employer contribution rate on the first $25,000
280+$50,000 of such retirant's compensation in a calendar year and a 30%
281+employer contribution on any compensation in excess of $25,000 $50,000
282+in a calendar year during any such period of employment. If a retirant is
283+employed by more than one participating employer or performing duties in
284+more than one position, contributions shall be made on compensation from
285+all such employment for that calendar year. If a retirant is employed in a
286+non-covered position, no employer contribution shall be paid to the
287+system.
428288 (b) The provisions of this subsection shall not apply, except as
429289 specifically provided in this subsection, to retirants who are:
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430333 (i) Licensed professional nurses or licensed practical nurses
431-employed by the state of Kansas in an institution as defined in K.S.A.
432-76-12a01(b) or 38-2302(k), and amendments thereto, the Kansas
433-soldiers' home or the Kansas veterans' home. The participating
434-employer of such retirant shall pay to the system the actuarially
435-determined employer contribution based on the retirant's compensation
436-and the statutorily prescribed employee contribution during any such
437-period of employment;
438-(ii) employed by a school district in a position as provided in
439-K.S.A. 74-4937(3), (4) or (5), and amendments thereto;
334+employed by the state of Kansas in an institution as defined in K.S.A. 76-
335+12a01(b) or 38-2302(k), and amendments thereto, the Kansas soldiers'
336+home or the Kansas veterans' home. The participating employer of such
337+retirant shall pay to the system the actuarially determined employer
338+contribution based on the retirant's compensation and the statutorily
339+prescribed employee contribution during any such period of employment;
340+(ii) employed by a school district in a position as provided in K.S.A.
341+74-4937(3), (4) or (5), and amendments thereto;
440342 (iii) certified law enforcement officers employed by the law
441-enforcement training center. Such law enforcement officers shall
442-receive their benefits notwithstanding this subsection. The law
443-enforcement training center shall pay to the system the actuarially
444-determined employer contribution and the statutorily prescribed
445-employee contribution based on the retirant's compensation during any
446-such period of employment;
447-(iv) members of the Kansas police and firemen's retirement
448-system pursuant to K.S.A. 74-4951 et seq., and amendments thereto,
449-members of the retirement system for judges pursuant to K.S.A. 20-
450-2601 et seq., and amendments thereto, or members of the state board of
451-regents retirement plan pursuant to K.S.A. 74-4925 et seq., and
452-amendments thereto;
343+enforcement training center. Such law enforcement officers shall receive
344+their benefits notwithstanding this subsection. The law enforcement
345+training center shall pay to the system the actuarially determined employer
346+contribution and the statutorily prescribed employee contribution based on
347+the retirant's compensation during any such period of employment;
348+(iv) members of the Kansas police and firemen's retirement system
349+pursuant to K.S.A. 74-4951 et seq., and amendments thereto, members of
350+the retirement system for judges pursuant to K.S.A. 20-2601 et seq., and
351+amendments thereto, or members of the state board of regents retirement
352+plan pursuant to K.S.A. 74-4925 et seq., and amendments thereto;
453353 (v) employed as substitute teachers without a contract or officers,
454-employees or appointees of the legislature; HOUSE BILL No. 2711—page 8
455-(vi) a poll worker hired to work an election day for a county
456-election officer responsible for conducting all official elections held in
457-the county;
458-(vii) employed by, or have accepted employment from, a
459-participating employer prior to May 1, 2015. Any break in continuous
460-employment by a retirant or move to a different position by a retirant
461-during the effective period of this subsection shall be deemed new
462-employment and shall subject the retirant to the provisions of this
463-subsection. Commencing January 1, 2018, the participating employer
464-of a retirant described in this subsection (7)(b)(vii) subparagraph who
465-is employed in a covered position, as defined in K.S.A. 74-49,202, and
466-amendments thereto, shall pay to the system the statutorily prescribed
467-employer contribution rate on the first $25,000 $40,000 of such
468-retirant's compensation in a calendar year and a 30% employer
469-contribution on any compensation in excess of $25,000 $40,000 in a
470-calendar year during any such period of employment. If a retirant is
471-employed by more than one participating employer or performing
472-duties in more than one position, contributions shall be made on
473-compensation from all such employment for that calendar year. If a
474-retirant is employed in a non-covered position, no employer
475-contribution shall be paid to the system;
476-(viii) state or local elected officials. A retirant shall not be
477-employed in an elected office within 30 days of such retirant's
478-retirement, except that if a retirant is filling a vacant elected office, no
479-waiting period shall be required; or
354+employees or appointees of the legislature;
355+(vi) a poll worker hired to work an election day for a county election
356+officer responsible for conducting all official elections held in the county;
357+(vii) employed by, or have accepted employment from, a participating
358+employer prior to May 1, 2015. Any break in continuous employment by a
359+retirant or move to a different position by a retirant during the effective
360+period of this subsection shall be deemed new employment and shall
361+subject the retirant to the provisions of this subsection. Commencing
362+January 1, 2018, the participating employer of a retirant described in this
363+subsection (7)(b)(vii) subparagraph who is employed in a covered
364+position, as defined in K.S.A. 74-49,202, and amendments thereto, shall
365+pay to the system the statutorily prescribed employer contribution rate on
366+the first $25,000 $50,000 of such retirant's compensation in a calendar year
367+and a 30% employer contribution on any compensation in excess of
368+$25,000 $50,000 in a calendar year during any such period of
369+employment. If a retirant is employed by more than one participating
370+employer or performing duties in more than one position, contributions
371+shall be made on compensation from all such employment for that
372+calendar year. If a retirant is employed in a non-covered position, no
373+employer contribution shall be paid to the system;
374+(viii) state or local elected officials. A retirant shall not be employed
375+in an elected office within 30 days of such retirant's retirement, except that
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419+if a retirant is filling a vacant elected office, no waiting period shall be
420+required; or
480421 (ix) employed by the Kansas academies of the United States
481-department of defense STARBASE program; or
482-(x) employed as a licensed professional nurse, licensed practical
483-nurse or in a direct support position of an affiliated employer
484-organized under K.S.A. 19-4001, and amendments thereto, or defined
485-under K.S.A. 39-1803, and amendments thereto.
422+department of defense STARBASE program.
486423 (c) The participating employer shall enroll all retirants, including
487-retirants under subsection (7)(b)(i) (6)(b)(i), (ii), (iii), (vii) and (viii),
488-and report to the system when compensation is paid to a retirant as
489-provided in this subsection. Such report shall contain a certification by
490-the appointing authority of the participating employer that any hired
491-retirant has not been employed by the participating employer within 60
492-days of such retirant's retirement and that there was no prearranged
493-agreement for employment between the participating employer and the
494-hired retirant. Upon request of the executive director of the system, the
495-participating employer shall provide such information as may be
496-needed by the executive director to carry out the provisions of this
497-subsection. No retirant shall make contributions to the system or
498-receive credit for service while employed under the provisions of this
499-subsection.
500-(d) A participating employer may employ a retirant without regard
501-to the compensation limitation in this subsection for a period of one
502-calendar year or one school year, as the case may be, if the following
503-requirements are met:
504-(i) The employer certifies to the board that the position being
505-filled has been vacated due to an unexpected emergency or the
506-employer has been unsuccessful in filling the position;
424+retirants under subsection (7)(b)(i) (6)(b)(i), (ii), (iii), (vii) and (viii), and
425+report to the system when compensation is paid to a retirant as provided in
426+this subsection. Such report shall contain a certification by the appointing
427+authority of the participating employer that any hired retirant has not been
428+employed by the participating employer within 60 days of such retirant's
429+retirement and that there was no prearranged agreement for employment
430+between the participating employer and the hired retirant. Upon request of
431+the executive director of the system, the participating employer shall
432+provide such information as may be needed by the executive director to
433+carry out the provisions of this subsection. No retirant shall make
434+contributions to the system or receive credit for service while employed
435+under the provisions of this subsection.
436+(d) A participating employer may employ a retirant without regard to
437+the compensation limitation in this subsection for a period of one calendar
438+year or one school year, as the case may be, if the following requirements
439+are met:
440+(i) The employer certifies to the board that the position being filled
441+has been vacated due to an unexpected emergency or the employer has
442+been unsuccessful in filling the position;
507443 (ii) the employer pays to the system a 30% employer contribution
508444 based on the retirant's compensation during any such period of
509445 employment; and
510446 (iii) the employer maintains documentation of its efforts to fill the
511-position with a non-retirant and provides such documentation to the
512-joint committee on pensions, investments and benefits upon request of
513-the committee.
447+position with a non-retirant and provides such documentation to the joint
448+committee on pensions, investments and benefits upon request of the
449+committee.
514450 The provisions of this paragraph shall expire on January 1, 2018.
515451 (e) An employer may submit a written assurance protocol to the
516-system to extend the exception provided for in subsection (7)(d) by
517-one-year increments for a total extension not to exceed three years. A
518-written assurance protocol shall be submitted to the system for each HOUSE BILL No. 2711—page 9
519-one-year increment extension. If a school district submits a written
520-assurance protocol, such written assurance protocol shall be signed by
521-the superintendent and the board president of such school district. If a
522-municipality, as defined in K.S.A. 75-1117, and amendments thereto,
523-other than a school district, submits a written assurance protocol, such
524-written assurance protocol shall be signed by the governing body or
525-such governing body's designee for such municipality. Such written
526-assurance protocol shall state that the position was advertised on
527-multiple platforms for a minimum of 30 calendar days and that at least
528-one of the following conditions occurred:
452+system to extend the exception provided for in subsection (7)(d) by one-
453+year increments for a total extension not to exceed three years. A written
454+assurance protocol shall be submitted to the system for each one-year
455+increment extension. If a school district submits a written assurance
456+protocol, such written assurance protocol shall be signed by the
457+superintendent and the board president of such school district. If a
458+municipality, as defined in K.S.A. 75-1117, and amendments thereto, other
459+than a school district, submits a written assurance protocol, such written
460+assurance protocol shall be signed by the governing body or such
461+governing body's designee for such municipality. Such written assurance
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505+protocol shall state that the position was advertised on multiple platforms
506+for a minimum of 30 calendar days and that at least one of the following
507+conditions occurred:
529508 (i) No applications were submitted for the position;
530509 (ii) if applications were submitted, none of the applicants met the
531510 reference screening criteria of the employer; or
532-(iii) if applications were submitted, none of the applicants
533-possessed the appropriate licensure, certification or other necessary
534-credentials for the position.
511+(iii) if applications were submitted, none of the applicants possessed
512+the appropriate licensure, certification or other necessary credentials for
513+the position.
535514 The provisions of this paragraph shall expire on January 1, 2018.
536-(f) Retirants who are independent contractors or employees of
537-third-party entities who contract with a participating employer, shall not
538-be subject to the compensation limitation or employer contribution
515+(f) Retirants who are independent contractors or employees of third-
516+party entities who contract with a participating employer, shall not be
517+subject to the compensation limitation or employer contribution
539518 requirements in this subsection or the requirements of subsection (7)(c)
540-paragraph (c) regarding enrollment and reporting to the system, so
541-long as all of the following apply:
542-(A) The contractual relationship was not created to allow the
543-retirant to continue employment with the participating employer after
544-retirement in a position similar to the one such retirant held prior to
545-retirement;
546-(B) the activities performed by the independent contractor or
547-third-party entity are not normally performed exclusively by employees
548-of that participating employer; and
549-(C) the retirant meets the classification of independent contractor
550-as provided in K.S.A. 44-768, and amendments thereto, or activities
551-performed by the third-party entity that employs the retirant are
552-performed on a limited-term basis and the third-party entity is not a
553-participating employer in the system.
519+paragraph (c) regarding enrollment and reporting to the system, so long as
520+all of the following apply:
521+(A) The contractual relationship was not created to allow the retirant
522+to continue employment with the participating employer after retirement in
523+a position similar to the one such retirant held prior to retirement;
524+(B) the activities performed by the independent contractor or third-
525+party entity are not normally performed exclusively by employees of that
526+participating employer; and
527+(C) the retirant meets the classification of independent contractor as
528+provided in K.S.A. 44-768, and amendments thereto, or activities
529+performed by the third-party entity that employs the retirant are performed
530+on a limited-term basis and the third-party entity is not a participating
531+employer in the system.
554532 (g)(e) Nothing in this subsection shall be construed to create any
555533 right, or to authorize the creation of any right, which is not subject to
556534 amendment or nullification by act of the legislature.
557535 (8)(7) (a) Except as provided in subsection (8)(b) paragraph (b), if
558536 determined by the retirement system that a retirant entered into a
559537 prearranged agreement for employment with a participating employer
560-prior to such retirant's retirement and prior to the end of the subsequent
561-60-day waiting period, or the 180-day waiting period under subsection
562-(10) (9), the monthly retirement benefit of such retirant shall be
563-suspended during the period that begins on the month in which the
564-retirant is re-employed and ends six months after the retirant's
565-termination of such employment. The retirant shall repay to the
566-retirement system all monthly retirement benefits paid to the retirant by
567-the retirement system that the retirant received after such employment
568-began. The participating employer which hired such retirant shall be
569-required to pay to the system any fees, fines, penalties or any other cost
570-imposed by the internal revenue service and indemnify the system for
571-any cost incurred by the system to defend any action brought by the
572-internal revenue service based on in-service distributions which are a
573-result of any determined prearranged agreement and for any cost
574-incurred by the system to collect any monthly retirement benefit
575-required to be repaid by such retirant pursuant to this subsection.
538+prior to such retirant's retirement and prior to the end of the subsequent 60-
539+day waiting period, or the 180-day waiting period under subsection (10)
540+(9), the monthly retirement benefit of such retirant shall be suspended
541+during the period that begins on the month in which the retirant is re-
542+employed and ends six months after the retirant's termination of such
543+employment. The retirant shall repay to the retirement system all monthly
544+retirement benefits paid to the retirant by the retirement system that the
545+retirant received after such employment began. The participating employer
546+which hired such retirant shall be required to pay to the system any fees,
547+fines, penalties or any other cost imposed by the internal revenue service
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591+and indemnify the system for any cost incurred by the system to defend
592+any action brought by the internal revenue service based on in-service
593+distributions which are a result of any determined prearranged agreement
594+and for any cost incurred by the system to collect any monthly retirement
595+benefit required to be repaid by such retirant pursuant to this subsection.
576596 (b) For members who retired on and after July 1, 2016, and on or
577-before July 1, 2019, if determined by the retirement system that a
578-retirant entered into a prearranged agreement for employment with a
579-participating employer prior to such retirant's retirement date and the
580-subsequent 60-day waiting period, or the 180-day waiting period under
581-subsection (10) (9), and upon being notified of the violation, the retirant
582-terminated such employment, the provisions of subsection paragraph HOUSE BILL No. 2711—page 10
583-(a) shall not apply. If any retirant had benefits suspended prior to July
584-1, 2019, such benefits shall be reimbursed by the retirement system, if
585-the retirant terminated such prearranged employment in accordance
586-with the provisions of this act. On and after July 1, 2019, the executive
587-director may waive such penalties under this subsection if it is
588-determined by the retirement system that any of the following
589-conditions were satisfied:
597+before July 1, 2019, if determined by the retirement system that a retirant
598+entered into a prearranged agreement for employment with a participating
599+employer prior to such retirant's retirement date and the subsequent 60-day
600+waiting period, or the 180-day waiting period under subsection (10) (9),
601+and upon being notified of the violation, the retirant terminated such
602+employment, the provisions of subsection paragraph (a) shall not apply. If
603+any retirant had benefits suspended prior to July 1, 2019, such benefits
604+shall be reimbursed by the retirement system, if the retirant terminated
605+such prearranged employment in accordance with the provisions of this
606+act. On and after July 1, 2019, the executive director may waive such
607+penalties under this subsection if it is determined by the retirement system
608+that any of the following conditions were satisfied:
590609 (i) The retirant's total length of reemployment was less than 21
591610 calendar days;
592611 (ii) the retirant's total compensation during the total length of
593612 reemployment was less than 10% of the amount of such retirant's
594-retirement benefit that would be suspended pursuant to this subsection;
595-or
613+retirement benefit that would be suspended pursuant to this subsection; or
596614 (iii) other facts and circumstances indicated that the retirant would
597-not have been reemployed but for an error on the part of the
598-participating employer or the retirement system in verifying the
599-retirement status of such retirant and such retirant immediately
600-terminated employment upon being notified of the violation.
615+not have been reemployed but for an error on the part of the participating
616+employer or the retirement system in verifying the retirement status of
617+such retirant and such retirant immediately terminated employment upon
618+being notified of the violation.
601619 (c) On or before the first day of each regular session of the
602-legislature, beginning with the 2020 regular session, the executive
603-director shall submit an annual report on the number of waivers granted
604-pursuant to subsection (8)(b) paragraph (b) in the prior calendar year
605-to the joint committee on pensions, investments and benefits, the house
606-of representatives standing committee on financial institutions and
607-pensions and the senate standing committee on financial institutions
608-and insurance, or the successors of such committees.
620+legislature, beginning with the 2020 regular session, the executive director
621+shall submit an annual report on the number of waivers granted pursuant to
622+subsection (8)(b) paragraph (b) in the prior calendar year to the joint
623+committee on pensions, investments and benefits, the house of
624+representatives standing committee on financial institutions and pensions
625+and the senate standing committee on financial institutions and insurance,
626+or the successors of such committees.
609627 (9)(8) For the purposes of this section a prearranged agreement for
610-employment may be determined by whether the facts and
611-circumstances of the situation indicate that the employer and employee
612-reasonably anticipated that further services would be performed after
613-the employee's retirement.
614-(10)(9) (a) Notwithstanding the provisions of subsection (5) or (7)
615-(6) to the contrary, commencing January 1, 2018, any retirant who is
616-retired more than 60 days, if such retirant's age on the date of
617-retirement is 62 or older, or is retired more than 180 days, if such
618-retirant's age on the date of retirement is less than 62, and who is
619-subsequently hired without any prearranged agreement with the
620-participating employer in a covered position, as defined in K.S.A. 74-
621-49,202, and amendments thereto, or an independent contractor or a
622-third-party entity who contracts service to fill such covered position
623-shall not be subject to an earnings limitation that when met or exceeded
624-requires that the retirant not receive a retirement benefit for any month
625-for which such retirant serves in such covered position. The
626-participating employer of such retirant shall pay to the system the
627-statutorily prescribed employer contribution rate on the first $25,000
628-$40,000 of such retirant's compensation in a calendar year and a 30%
629-employer contribution on any compensation in excess of $25,000
630-$40,000 in a calendar year during any such period of employment. If a
628+employment may be determined by whether the facts and circumstances of
629+the situation indicate that the employer and employee reasonably
630+anticipated that further services would be performed after the employee's
631+retirement.
632+(10)(9) (a) Notwithstanding the provisions of subsection (5) or (7) (6)
633+to the contrary, commencing January 1, 2018, any retirant who is retired
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677+more than 60 days, if such retirant's age on the date of retirement is 62 or
678+older, or is retired more than 180 days, if such retirant's age on the date of
679+retirement is less than 62, and who is subsequently hired without any
680+prearranged agreement with the participating employer in a covered
681+position, as defined in K.S.A. 74-49,202, and amendments thereto, or an
682+independent contractor or a third-party entity who contracts service to fill
683+such covered position shall not be subject to an earnings limitation that
684+when met or exceeded requires that the retirant not receive a retirement
685+benefit for any month for which such retirant serves in such covered
686+position. The participating employer of such retirant shall pay to the
687+system the statutorily prescribed employer contribution rate on the first
688+$25,000 $50,000 of such retirant's compensation in a calendar year and a
689+30% employer contribution on any compensation in excess of $25,000
690+$50,000 in a calendar year during any such period of employment. If a
631691 retirant is employed by more than one participating employer or
632-performing duties in more than one position, contributions shall be
633-made on compensation from all such employment for that calendar
634-year.
635-(b) Notwithstanding the provisions of subsection (5) or (7) (6) to
636-the contrary, commencing January 1, 2018, any retirant who is retired
637-more than 60 days, if such retirant's age on the date of retirement is 62
638-or older, or is retired more than 180 days, if such retirant's age on the
639-date of retirement is less than 62, and who is subsequently hired
640-without any prearranged agreement with the participating employer in a
641-non-covered position, or an independent contractor or a third-party
642-entity who contracts service to fill such non-covered position, shall not
643-be subject to an earnings limitation that when met or exceeded requires
644-that the retirant not receive a retirement benefit for any month for
645-which such retirant serves in such non-covered position. No employer
646-contribution shall be paid to the system on compensation paid to a HOUSE BILL No. 2711—page 11
647-retirant hired in a non-covered position.
692+performing duties in more than one position, contributions shall be made
693+on compensation from all such employment for that calendar year.
694+(b) Notwithstanding the provisions of subsection (5) or (7) (6) to the
695+contrary, commencing January 1, 2018, any retirant who is retired more
696+than 60 days, if such retirant's age on the date of retirement is 62 or older,
697+or is retired more than 180 days, if such retirant's age on the date of
698+retirement is less than 62, and who is subsequently hired without any
699+prearranged agreement with the participating employer in a non-covered
700+position, or an independent contractor or a third-party entity who contracts
701+service to fill such non-covered position, shall not be subject to an
702+earnings limitation that when met or exceeded requires that the retirant not
703+receive a retirement benefit for any month for which such retirant serves in
704+such non-covered position. No employer contribution shall be paid to the
705+system on compensation paid to a retirant hired in a non-covered position.
648706 (c) The participating employer shall enroll all retirants, including
649-retirants under subsection (7)(b)(i) (6)(b)(i), (ii), (iii), (vii) and (viii),
650-and report to the system when compensation is paid to a retirant as
651-provided in this subsection. Such report shall contain a certification by
652-the appointing authority of the participating employer that any hired
653-retirant has not been employed by the participating employer within 60
654-days of such retirant's retirement in the case of a retirant whose age on
655-the date of retirement is 62 or older, or within 180 days of such
656-retirant's retirement in the case of a retirant whose age on the date of
657-retirement is less than 62, and that there was no prearranged agreement
658-for employment between the participating employer and the hired
659-retirant. Upon request of the executive director of the system, the
660-participating employer shall provide such information as may be
661-needed by the executive director to carry out the provisions of this
662-subsection. No retirant shall make contributions to the system or
663-receive credit for service while employed under the provisions of this
664-subsection.
665-(d) The provisions of this subsection relating to an earnings
666-limitation and employer contributions shall not apply to any retirant
667-described in subsection (7)(b) (6)(b) or to retirants who are independent
668-contractors or employees of third-party entities who contract with a
669-participating employer as described in subsection (7)(f) (6)(d), except
670-as specifically provided in this subsection.
671-(e) Nothing in this subsection shall be construed to create any
672-right, or to authorize the creation of any right that is not subject to
673-amendment or nullification by act of the legislature.
674-Sec. 10. K.S.A. 2023 Supp. 74-4921 is hereby amended to read as
675-follows: 74-4921. (1) There is hereby created in the state treasury the
676-Kansas public employees retirement fund. All employee and employer
677-contributions shall be deposited in the state treasury to be credited to
678-the Kansas public employees retirement fund. The fund is a trust fund
679-and shall be used solely for the exclusive purpose of providing benefits
680-to members and member beneficiaries and defraying reasonable
681-expenses of administering the fund. Investment income of the fund
682-shall be added or credited to the fund as provided by law. All benefits
683-payable under the system, refund of contributions and overpayments,
684-purchases or investments under the law and expenses in connection
685-with the system unless otherwise provided by law shall be paid from
686-the fund. The director of accounts and reports is authorized to draw
687-warrants on the state treasurer and against such fund upon the filing in
688-the director's office of proper vouchers executed by the chairperson or
689-the executive director of the board. As an alternative, payments from
690-the fund may be made by credits to the accounts of recipients of
691-payments in banks, savings and loan associations and credit unions. A
692-payment shall be so made only upon the written authorization and
693-direction of the recipient of payment and upon receipt of such
694-authorization such payments shall be made in accordance therewith.
695-Orders for payment of such claims may be contained on:
696-(a) A letter, memorandum, telegram, computer printout or similar
697-writing; or
698-(b) any form of communication, other than voice, which is
699-registered upon magnetic tape, disc or any other medium designed to
700-capture and contain in durable form conventional signals used for the
701-electronic communication of messages.
702-(2) The board shall have the responsibility for the management of
703-the fund and shall discharge the board's duties with respect to the fund
704-solely in the interests of the members and beneficiaries of the system
705-for the exclusive purpose of providing benefits to members and such
706-member's beneficiaries and defraying reasonable expenses of
707-administering the fund and shall invest and reinvest moneys in the fund
708-and acquire, retain, manage, including the exercise of any voting rights
709-and disposal of investments of the fund within the limitations and
710-according to the powers, duties and purposes as prescribed by this HOUSE BILL No. 2711—page 12
711-section.
712-(3) Moneys in the fund shall be invested and reinvested to achieve
713-the investment objective which is preservation of the fund to provide
714-benefits to members and member beneficiaries, as provided by law and
715-accordingly providing that the moneys are as productive as possible,
716-subject to the standards set forth in this act. No moneys in the fund
717-shall be invested or reinvested if any investment objective is for
718-economic development or social purposes or objectives.
719-(4) In investing and reinvesting moneys in the fund and in
720-acquiring, retaining, managing and disposing of investments of the
721-fund, the board shall exercise the judgment, care, skill, prudence and
722-diligence under the circumstances then prevailing, which persons of
723-prudence, discretion and intelligence acting in a like capacity and
724-familiar with such matters would use in the conduct of an enterprise of
725-like character and with like aims by diversifying the investments of the
726-fund so as to minimize the risk of large losses, unless under the
727-circumstances it is clearly prudent not to do so, and not in regard to
728-speculation but in regard to the permanent disposition of similar funds,
729-considering the probable income as well as the probable safety of their
730-capital.
731-(5) Notwithstanding subsection (4):
732-(a) Total investments in common stock may be made in the
733-amount of up to 60% of the total book value of the fund;
734-(b) the board may invest or reinvest moneys of the fund in
735-alternative investments if the following conditions are satisfied:
736-(i) The total of the annual net commitment to alternative
737-investments does not exceed 5% of the total market value of investment
738-assets of the fund as measured from the end of the preceding calendar
739-year;
740-(ii) if in addition to the system, there are at least two other
741-qualified institutional buyers, as defined by section (a)(1)(i) of rule
742-144A, securities act of 1933;
743-(iii) the system's share in any individual alternative investment is
744-limited to an investment representing not more than 20% of any such
745-individual alternative investment;
746-(iv) the system has received a favorable and appropriate
747-recommendation from a qualified, independent expert in investment
748-management or analysis in that particular type of alternative
749-investment;
750-(v) the alternative investment is consistent with the system's
751-investment policies and objectives as provided in subsection (6);
752-(vi) the individual alternative investment does not exceed more
753-than 2.5% of the total alternative investments made under this
754-subsection. If the alternative investment is made pursuant to
755-participation by the system in a multi-investor pool, the 2.5% limitation
756-contained in this subsection is applied to the underlying individual
757-assets of such pool and not to investment in the pool itself. The total of
758-such alternative investments made pursuant to participation by the
759-system in any one individual multi-investor pool shall not exceed more
760-than 20% of the total of alternative investments made by the system
761-pursuant to this subsection. Nothing in this subsection requires the
762-board to liquidate or sell the system's holdings in any alternative
763-investments made pursuant to participation by the system in any one
764-individual multi-investor pool held by the system on the effective date
765-of this act, unless such liquidation or sale would be in the best interest
766-of the members and beneficiaries of the system and be prudent under
767-the standards contained in this section. The 20% limitation contained in
768-this subsection shall not have been violated if the total of such
769-investment in any one individual multi-investor pool exceeds 20% of
770-the total alternative investments of the fund as a result of market forces
771-acting to increase the value of such a multi-investor pool relative to the
772-rest of the system's alternative investments; however, the board shall
773-not invest or reinvest any moneys of the fund in any such individual
774-multi-investor pool until the value of such individual multi-investor HOUSE BILL No. 2711—page 13
775-pool is less than 20% of the total alternative investments of the fund;
776-(vii) the board has received and considered the investment
777-manager's due diligence findings submitted to the board as required by
778-subsection (6);
779-(viii) prior to the time the alternative investment is made, the
780-system has in place procedures and systems to ensure that the
781-investment is properly monitored and investment performance is
782-accurately measured; and
783-(ix) the total of alternative investments does not exceed 15% 25%
784-of the total investment assets of the fund. The 15% 25% limitation
785-contained in this subsection shall not have been violated if the total of
786-such alternative investments exceeds 15% 25% of the total investment
787-assets of the fund, based on the fund total market value, as a result of
788-market forces acting to increase the value of such alternative
789-investments relative to the rest of the system's investments. However,
790-the board shall not invest or reinvest any moneys of the fund in
791-alternative investments until the total value of such alternative
792-investments is less than 15% 25% of the total investment assets of the
793-fund based on the market value. If the total value of the alternative
794-investments exceeds 15% 25% of the total investment assets of the
795-fund, the board shall not be required to liquidate or sell the system's
796-holdings in any alternative investment held by the system, unless such
797-liquidation or sale would be in the best interest of the members and
798-beneficiaries of the system and is prudent under the standards contained
799-in this section;
800-(c) for purposes of this section, "alternative investment" includes a
801-broad group of investments that are not one of the traditional asset
802-types of public equities, fixed income, cash or real estate. Alternative
803-investments are generally made through limited partnership or similar
804-structures, are not regularly traded on nationally recognized exchanges
805-and thus are relatively illiquid, and exhibit lower correlations with more
806-liquid asset types such as stocks and bonds. Alternative investments
807-generally include, but are not limited to, private equity, private credit,
808-hedge funds, infrastructure, commodities and other investments that
809-have the characteristics described in this paragraph; and
810-(d) except as otherwise provided, the board may invest or reinvest
811-moneys of the fund in real estate investments if the following
812-conditions are satisfied:
813-(i) The system has received a favorable and appropriate
814-recommendation from a qualified, independent expert in investment
815-management or analysis in that particular type of real estate investment;
816-(ii) the real estate investment is consistent with the system's
817-investment policies and objectives as provided in subsection (6); and
818-(iii) the system has received and considered the investment
819-manager's due diligence findings.
820-(6) (a) Subject to the objective set forth in subsection (3) and the
821-standards set forth in subsections (4) and (5) the board shall formulate
822-policies and objectives for the investment and reinvestment of moneys
823-in the fund and the acquisition, retention, management and disposition
824-of investments of the fund. Such policies and objectives shall include:
825-(i) Specific asset allocation standards and objectives;
826-(ii) establishment of criteria for evaluating the risk versus the
827-potential return on a particular investment;
828-(iii) a requirement that all investment managers submit such
829-manager's due diligence findings on each investment to the board or
830-investment advisory committee for approval or rejection prior to
831-making any alternative investment;
832-(iv) a requirement that all investment managers shall immediately
833-report all instances of default on investments to the board and provide
834-the board with recommendations and options, including, but not limited
835-to, curing the default or withdrawal from the investment; and
836-(v) establishment of criteria that would be used as a guideline for
837-determining when no additional add-on investments or reinvestments
838-would be made and when the investment would be liquidated. HOUSE BILL No. 2711—page 14
839-(b) The board shall review such policies and objectives, make
840-changes considered necessary or desirable and readopt such policies
841-and objectives on an annual basis.
842-(7) The board may enter into contracts with one or more persons
843-whom the board determines to be qualified, whereby the persons
844-undertake to perform the functions specified in subsection (2) to the
845-extent provided in the contract. Performance of functions under
846-contract so entered into shall be paid pursuant to rates fixed by the
847-board subject to provisions of appropriation acts and shall be based on
848-specific contractual fee arrangements. The system shall not pay or
849-reimburse any expenses of persons contracted with pursuant to this
850-subsection, except that after approval of the board, the system may pay
851-approved investment related expenses subject to provisions of
852-appropriation acts. The board shall require that a person contracted with
853-to obtain commercial insurance which provides for errors and
854-omissions coverage for such person in an amount to be specified by the
855-board, provided that such coverage shall be at least the greater of
856-$500,000 or 1% of the funds entrusted to such person up to a maximum
857-of $10,000,000. The board shall require a person contracted with to
858-give a fidelity bond in a penal sum as may be fixed by law or, if not so
859-fixed, as may be fixed by the board, with corporate surety authorized to
860-do business in this state. Such persons contracted with the board
861-pursuant to this subsection and any persons contracted with such
862-persons to perform the functions specified in subsection (2) shall be
863-deemed to be agents of the board and the system in the performance of
864-contractual obligations.
865-(8) (a) In the acquisition or disposition of securities, the board
866-may rely on the written legal opinion of a reputable bond attorney or
867-attorneys, the written opinion of the attorney of the investment
868-counselor or managers, or the written opinion of the attorney general
869-certifying the legality of the securities.
870-(b) The board shall employ or retain qualified investment counsel
871-or counselors or may negotiate with a trust company to assist and
872-advise in the judicious investment of funds as herein provided.
873-(9) (a) Except as provided in subsection (7) and this subsection,
874-the custody of money and securities of the fund shall remain in the
875-custody of the state treasurer, except that the board may arrange for the
876-custody of such money and securities as it considers advisable with one
877-or more member banks or trust companies of the federal reserve system
878-or with one or more banks in the state of Kansas, or both, to be held in
879-safekeeping by the banks or trust companies for the collection of the
880-principal and interest or other income or of the proceeds of sale. The
881-services provided by the banks or trust companies shall be paid
882-pursuant to rates fixed by the board subject to provisions of
883-appropriation acts.
884-(b) The state treasurer and the board shall collect the principal and
885-interest or other income of investments or the proceeds of sale of
886-securities in the custody of the state treasurer and pay same when so
887-collected into the fund.
888-(c) The principal and interest or other income or the proceeds of
889-sale of securities as provided in this subsection shall be reported to the
890-state treasurer and the board and credited to the fund.
891-(10) The board shall with the advice of the director of accounts
892-and reports establish the requirements and procedure for reporting any
893-and all activity relating to investment functions provided for in this act
894-in order to prepare a record monthly of the investment income and
895-changes made during the preceding month. The record will reflect a
896-detailed summary of investment, reinvestment, purchase, sale and
897-exchange transactions and such other information as the board may
898-consider advisable to reflect a true accounting of the investment
899-activity of the fund.
900-(11) The board shall provide for an examination of the investment
901-program annually. The examination shall include an evaluation of
902-current investment policies and practices and of specific investments of HOUSE BILL No. 2711—page 15
903-the fund in relation to the objective set forth in subsection (3), the
904-standard set forth in subsection (4) and other criteria as may be
905-appropriate, and recommendations relating to the fund investment
906-policies and practices and to specific investments of the fund as are
907-considered necessary or desirable. The board shall include in its annual
908-report to the governor as provided in K.S.A. 74-4907, and amendments
909-thereto, a report or a summary thereof covering the investments of the
910-fund.
911-(12) Any internal assessment or examination of alternative
912-investments of the system performed by any person or entity employed
913-or retained by the board which evaluates or monitors the performance
914-of alternative investments shall be reported to the legislative post
915-auditor so that such report may be reviewed in accordance with the
916-annual financial-compliance audits conducted pursuant to K.S.A. 74-
917-49,136, and amendments thereto.
918-Sec. 11. K.S.A. 74-4937 is hereby amended to read as follows: 74-
919-4937. (1) The normal retirement date of a member of the system who is
920-in school employment and who is subject to K.S.A. 74-4940, and
921-amendments thereto, shall be the first day of the month coinciding with
922-or following termination of employment not followed by employment
923-with any participating employer within 60 days, or 180 days as
924-provided in K.S.A. 74-4914(10)(9), and amendments thereto, and
925-without any prearranged agreement for employment with any
926-participating employer, and the attainment of age 65 or, commencing
927-July 1, 1986, age 65 or age 60 with the completion of 35 years of
928-credited service or at any age with the completion of 40 years of
929-credited service, or commencing July 1, 1993, any alternative normal
930-retirement date already prescribed by law or age 62 with the completion
931-of 10 years of credited service or the first day of the month coinciding
932-with or following the date that the total of the number of years of
933-credited service and the number of years of attained age of the member
934-is equal to or more than 85. Each member upon giving prior notice to
935-the appointing authority and the retirement system may retire on the
936-normal retirement date or the first day of any month thereafter. Such
937-member's application for retirement shall contain a certification by the
938-member that the member will not be employed with any participating
939-employer within 60 days, or 180 days as provided in K.S.A. 74-
940-4914(10)(9), and amendments thereto, of retirement and the member
941-has not entered into a prearranged agreement for employment with any
942-participating employer.
943-(2) Any member who is in school employment and who is subject
944-to K.S.A. 74-4940, and amendments thereto, may retire before such
945-member's normal retirement date on the first day of the month
946-coinciding with or following termination of employment not followed
947-by employment with any participating employer within 60 days, or 180
948-days as provided in K.S.A. 74-4914(10)(9), and amendments thereto,
949-and the attainment of age 55 with the completion of 10 years of
950-credited service, upon the filing with the office of the retirement system
951-of an application for retirement in such form and manner as the board
952-shall prescribe. The member's application for retirement shall contain a
707+retirants under subsection (7)(b)(i) (6)(b)(i), (ii), (iii), (vii) and (viii), and
708+report to the system when compensation is paid to a retirant as provided in
709+this subsection. Such report shall contain a certification by the appointing
710+authority of the participating employer that any hired retirant has not been
711+employed by the participating employer within 60 days of such retirant's
712+retirement in the case of a retirant whose age on the date of retirement is
713+62 or older, or within 180 days of such retirant's retirement in the case of a
714+retirant whose age on the date of retirement is less than 62, and that there
715+was no prearranged agreement for employment between the participating
716+employer and the hired retirant. Upon request of the executive director of
717+the system, the participating employer shall provide such information as
718+may be needed by the executive director to carry out the provisions of this
719+subsection. No retirant shall make contributions to the system or receive
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763+credit for service while employed under the provisions of this subsection.
764+(d) The provisions of this subsection relating to an earnings limitation
765+and employer contributions shall not apply to any retirant described in
766+subsection (7)(b) (6)(b) or to retirants who are independent contractors or
767+employees of third-party entities who contract with a participating
768+employer as described in subsection (7)(f) (6)(d), except as specifically
769+provided in this subsection.
770+(e) Nothing in this subsection shall be construed to create any right,
771+or to authorize the creation of any right that is not subject to amendment or
772+nullification by act of the legislature.
773+Sec. 2. K.S.A. 74-4937 is hereby amended to read as follows: 74-
774+4937. (1) The normal retirement date of a member of the system who is in
775+school employment and who is subject to K.S.A. 74-4940, and
776+amendments thereto, shall be the first day of the month coinciding with or
777+following termination of employment not followed by employment with
778+any participating employer within 60 days, or 180 days as provided in
779+K.S.A. 74-4914(10)(9), and amendments thereto, and without any
780+prearranged agreement for employment with any participating employer,
781+and the attainment of age 65 or, commencing July 1, 1986, age 65 or age
782+60 with the completion of 35 years of credited service or at any age with
783+the completion of 40 years of credited service, or commencing July 1,
784+1993, any alternative normal retirement date already prescribed by law or
785+age 62 with the completion of 10 years of credited service or the first day
786+of the month coinciding with or following the date that the total of the
787+number of years of credited service and the number of years of attained
788+age of the member is equal to or more than 85. Each member upon giving
789+prior notice to the appointing authority and the retirement system may
790+retire on the normal retirement date or the first day of any month
791+thereafter. Such member's application for retirement shall contain a
953792 certification by the member that the member will not be employed with
954793 any participating employer within 60 days, or 180 days as provided in
955794 K.S.A. 74-4914(10)(9), and amendments thereto, of retirement and the
956795 member has not entered into a prearranged agreement for employment
957796 with any participating employer.
958-(3) The provisions of K.S.A. 74-4914(5), (7) and (10)(6) and (9),
959-and amendments thereto, which that relate to an earnings limitation
960-which when met or exceeded requires that the retirant not receive a
961-retirement benefit for any month for during which such retirant serves
962-in a position as described herein shall not apply to retirants who either
963-retired under the provisions of K.S.A. 74-4914(l), and amendments
964-thereto, related to normal retirement, or, if they retired under the
965-provisions of K.S.A. 74-4914(4), and amendments thereto, related to
966-early retirement, and are subsequently hired in a position that requires a HOUSE BILL No. 2711—page 16
967-license under K.S.A. 72-2157, and amendments thereto, or other
968-provision of law. The provisions of this subsection shall only apply to
969-retirants who retired prior to January 1, 2018. Except as otherwise
970-provided, when a retirant is employed by the same school district or a
971-different school district with which such retirant was employed during
972-the final two years of such retirant's participation or employed as an
973-independent contractor or by a third-party entity who contracts services
974-with a school district to fill a position as described in this subsection,
975-the participating employer of such retirant shall pay to the system the
976-actuarially determined employer contribution based on the retirant's
977-compensation during any such period of employment plus 8%.
797+(2) Any member who is in school employment and who is subject to
798+K.S.A. 74-4940, and amendments thereto, may retire before such
799+member's normal retirement date on the first day of the month coinciding
800+with or following termination of employment not followed by employment
801+with any participating employer within 60 days, or 180 days as provided in
802+K.S.A. 74-4914(10)(9), and amendments thereto, and the attainment of age
803+55 with the completion of 10 years of credited service, upon the filing with
804+the office of the retirement system of an application for retirement in such
805+form and manner as the board shall prescribe. The member's application
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849+for retirement shall contain a certification by the member that the member
850+will not be employed with any participating employer within 60 days, or
851+180 days as provided in K.S.A. 74-4914(10)(9), and amendments thereto,
852+of retirement and the member has not entered into a prearranged
853+agreement for employment with any participating employer.
854+(3) The provisions of K.S.A. 74-4914(5), (7) and (10)(6) and (9), and
855+amendments thereto, which that relate to an earnings limitation which
856+when met or exceeded requires that the retirant not receive a retirement
857+benefit for any month for during which such retirant serves in a position as
858+described herein shall not apply to retirants who either retired under the
859+provisions of K.S.A. 74-4914(l), and amendments thereto, related to
860+normal retirement, or, if they retired under the provisions of K.S.A. 74-
861+4914(4), and amendments thereto, related to early retirement, and are
862+subsequently hired in a position that requires a license under K.S.A. 72-
863+2157, and amendments thereto, or other provision of law. The provisions
864+of this subsection shall only apply to retirants who retired prior to January
865+1, 2018. Except as otherwise provided, when a retirant is employed by the
866+same school district or a different school district with which such retirant
867+was employed during the final two years of such retirant's participation or
868+employed as an independent contractor or by a third-party entity who
869+contracts services with a school district to fill a position as described in
870+this subsection, the participating employer of such retirant shall pay to the
871+system the actuarially determined employer contribution based on the
872+retirant's compensation during any such period of employment plus 8%.
978873 Commencing January 1, 2018, if a retirant is employed in a covered
979874 position, as defined in K.S.A. 74-49,202, and amendments thereto, the
980875 participating employer shall pay to the system the statutorily prescribed
981-employer contribution rate on the first $25,000 $40,000 of such
982-retirant's compensation in a calendar year and a 30% employer
983-contribution on any compensation in excess of $25,000 $40,000 in a
984-calendar year during any such period of employment. If a retirant is
985-employed by more than one participating employer or performing
986-duties in more than one position, contributions shall be made on
987-compensation from all such employment for that calendar year. If a
988-retirant is employed in a non-covered position, no employer
989-contribution shall be paid to the system. The participating employer
990-shall enroll all retirants and report to the system when compensation is
991-paid to a retirant as provided in this subsection. Such notice shall
992-contain a certification by the appointing authority of the participating
993-employer that any hired retirant has not been employed by the
994-participating employer within 60 days of such retirant's retirement and
876+employer contribution rate on the first $25,000 $50,000 of such retirant's
877+compensation in a calendar year and a 30% employer contribution on any
878+compensation in excess of $25,000 $50,000 in a calendar year during any
879+such period of employment. If a retirant is employed by more than one
880+participating employer or performing duties in more than one position,
881+contributions shall be made on compensation from all such employment
882+for that calendar year. If a retirant is employed in a non-covered position,
883+no employer contribution shall be paid to the system. The participating
884+employer shall enroll all retirants and report to the system when
885+compensation is paid to a retirant as provided in this subsection. Such
886+notice shall contain a certification by the appointing authority of the
887+participating employer that any hired retirant has not been employed by
888+the participating employer within 60 days of such retirant's retirement and
995889 that there was no prearranged agreement for employment between the
996890 participating employer and the hired retirant. Upon request of the
997-executive director of the system, the participating employer shall
998-provide such information as may be needed by the executive director to
999-carry out the provisions of this subsection. The provisions of this
1000-subsection shall not apply to retirants employed as substitute teachers
1001-without a contract. The provisions of K.S.A. 74-4914(5), and
1002-amendments thereto, shall be applicable to retirants employed as
1003-described in this subsection, except as specifically provided in this
1004-subsection. Nothing in this subsection shall be construed to create any
1005-right, or to authorize the creation of any right, which that is not subject
1006-to amendment or nullification by act of the legislature.
1007-(4) (a) On and after July 1, 2016, a school district may hire a
1008-retired licensed professional to fill a special teacher position as defined
1009-in K.S.A. 72-3404, and amendments thereto, if such retirant is hired not
1010-prior to 60 days after such retirant's retirement date without any
1011-prearrangement with such school district in the manner prescribed in
1012-this subsection. The participating employer shall enroll all retirants and
1013-report to the system when compensation is paid to a retirant as provided
1014-in this subsection. Such notice shall contain a certification by the
1015-appointing authority of the participating employer that any hired
1016-retirant has not been employed by the participating employer within 60
1017-days of such retirant's retirement and that there was no prearranged
1018-agreement for employment between the participating employer and the
1019-hired retirant. Upon request of the executive director of the system, the
1020-participating employer shall provide such information as may be
1021-needed by the executive director to carry out the provisions of this
1022-subsection.
891+executive director of the system, the participating employer shall provide
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935+such information as may be needed by the executive director to carry out
936+the provisions of this subsection. The provisions of this subsection shall
937+not apply to retirants employed as substitute teachers without a contract.
938+The provisions of K.S.A. 74-4914(5), and amendments thereto, shall be
939+applicable to retirants employed as described in this subsection, except as
940+specifically provided in this subsection. Nothing in this subsection shall be
941+construed to create any right, or to authorize the creation of any right,
942+which that is not subject to amendment or nullification by act of the
943+legislature.
944+(4) (a) On and after July 1, 2016, a school district may hire a retired
945+licensed professional to fill a special teacher position as defined in K.S.A.
946+72-3404, and amendments thereto, if such retirant is hired not prior to 60
947+days after such retirant's retirement date without any prearrangement with
948+such school district in the manner prescribed in this subsection. The
949+participating employer shall enroll all retirants and report to the system
950+when compensation is paid to a retirant as provided in this subsection.
951+Such notice shall contain a certification by the appointing authority of the
952+participating employer that any hired retirant has not been employed by
953+the participating employer within 60 days of such retirant's retirement and
954+that there was no prearranged agreement for employment between the
955+participating employer and the hired retirant. Upon request of the
956+executive director of the system, the participating employer shall provide
957+such information as may be needed by the executive director to carry out
958+the provisions of this subsection.
1023959 (b) A retirant hired under the provisions of this subsection may
1024-continue to receive such retirant's full retirement benefit for a period
1025-not to exceed three school years or 36 months, whichever is less, and
1026-shall not be subject to the provisions of K.S.A. 74-4914(5), and
960+continue to receive such retirant's full retirement benefit for a period not to
961+exceed three school years or 36 months, whichever is less, and shall not be
962+subject to the provisions of K.S.A. 74-4914(5), and amendments thereto,
963+which relate to a compensation limitation which when met or exceeded
964+requires that the retirant not receive a retirement benefit for any month for
965+which such retirant serves in a position as described herein. Such retirant
966+may be employed by such employer for some or all of a school year, and
967+in subsequent school years if the employer is unable to permanently fill the
968+position with active members, so long as the retirant's total term of
969+employment with all employers under this subsection does not exceed 36
970+months or three school years, whichever is less. After such period, the
971+retirant shall be subject to the provisions of K.S.A. 74-4914(7), and
1027972 amendments thereto, which relate to a compensation limitation which
1028973 when met or exceeded requires that the retirant not receive a retirement
1029974 benefit for any month for which such retirant serves in a position as
1030-described herein. Such retirant may be employed by such employer for HOUSE BILL No. 2711—page 17
1031-some or all of a school year, and in subsequent school years if the
1032-employer is unable to permanently fill the position with active
1033-members, so long as the retirant's total term of employment with all
1034-employers under this subsection does not exceed 36 months or three
1035-school years, whichever is less. After such period, the retirant shall be
1036-subject to the provisions of K.S.A. 74-4914(7), and amendments
1037-thereto, which relate to a compensation limitation which when met or
1038-exceeded requires that the retirant not receive a retirement benefit for
1039-any month for which such retirant serves in a position as described
1040-herein. The participating employer of such retirant shall pay to the
1041-system a 30% employer contribution based on the retirant's
1042-compensation during any such period of employment. The provisions
1043-of this subsection shall not apply to retirants employed as substitute
1044-teachers without a contract. The provisions of K.S.A. 74-4914(5), and
1045-amendments thereto, shall be applicable to retirants employed as
1046-special teachers, except as specifically provided in this subsection.
1047-(c) Each school district that uses the provisions of this subsection
1048-to hire retirants shall maintain documentation describing their
1049-recruiting efforts to obtain non-retirant employees to fill the special
1050-teacher positions. Upon request of the joint committee on pensions,
1051-investments and benefits, an employer shall provide such
1052-documentation to the committee. If the committee finds that an
1053-employer has not made sufficient efforts to hire a non-retirant for the
1054-position or if the committee finds evidence of prearrangement in
1055-violation of this section, the three-year exemption provided pursuant to
1056-this subsection may be revoked. The committee shall notify the
1057-executive director of the system that a retirant's exemption has been
1058-revoked within 30 days of making such a determination.
975+described herein. The participating employer of such retirant shall pay to
976+the system a 30% employer contribution based on the retirant's
977+compensation during any such period of employment. The provisions of
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1021+this subsection shall not apply to retirants employed as substitute teachers
1022+without a contract. The provisions of K.S.A. 74-4914(5), and amendments
1023+thereto, shall be applicable to retirants employed as special teachers,
1024+except as specifically provided in this subsection.
1025+(c) Each school district that uses the provisions of this subsection to
1026+hire retirants shall maintain documentation describing their recruiting
1027+efforts to obtain non-retirant employees to fill the special teacher positions.
1028+Upon request of the joint committee on pensions, investments and
1029+benefits, an employer shall provide such documentation to the committee.
1030+If the committee finds that an employer has not made sufficient efforts to
1031+hire a non-retirant for the position or if the committee finds evidence of
1032+prearrangement in violation of this section, the three-year exemption
1033+provided pursuant to this subsection may be revoked. The committee shall
1034+notify the executive director of the system that a retirant's exemption has
1035+been revoked within 30 days of making such a determination.
10591036 (d) An employer may submit a written assurance protocol to the
1060-system to make a one-time extension to the exception provided for in
1061-this subsection by one year. Such written assurance protocol shall be
1062-signed by the superintendent and the board president of the school
1063-district. Such written assurance protocol shall state that the position was
1064-advertised on multiple platforms for a minimum of 30 calendar days
1065-and that at least one of the following conditions occurred:
1037+system to make a one-time extension to the exception provided for in this
1038+subsection by one year. Such written assurance protocol shall be signed by
1039+the superintendent and the board president of the school district. Such
1040+written assurance protocol shall state that the position was advertised on
1041+multiple platforms for a minimum of 30 calendar days and that at least one
1042+of the following conditions occurred:
10661043 (i) No applications were submitted for the position;
10671044 (ii) if applications were submitted, none of the applicants met the
10681045 reference screening criteria of the employer; or
1069-(iii) if applications were submitted, none of the applicants
1070-possessed an appropriate teaching license for the state of Kansas or
1071-possessed the appropriate credentials to receive any type of teaching
1072-license from the state of Kansas.
1073-(e) Nothing in this subsection shall be construed to create any
1074-right, or to authorize the creation of any right, which is not subject to
1046+(iii) if applications were submitted, none of the applicants possessed
1047+an appropriate teaching license for the state of Kansas or possessed the
1048+appropriate credentials to receive any type of teaching license from the
1049+state of Kansas.
1050+(e) Nothing in this subsection shall be construed to create any right,
1051+or to authorize the creation of any right, which is not subject to
10751052 amendment or nullification by act of the legislature.
1076-(f) The provisions of this subsection shall expire on January 1,
1077-2018.
1078-(5) (a) On and after July 1, 2016, a school district may hire a
1079-retired licensed professional to fill a non-special teacher position if
1080-such retirant is hired not prior to 60 days after such retirant's retirement
1081-date without any prearrangement with such school district, and if such
1082-school district hires a retirant for a hard-to-fill position in the manner
1083-prescribed in this subsection. The participating employer shall enroll all
1084-retirants and report to the system when compensation is paid to a
1085-retirant as provided in this subsection. Such notice shall contain a
1086-certification by the appointing authority of the participating employer
1087-that any hired retirant has not been employed by the participating
1088-employer within 60 days of such retirant's retirement and that there was
1089-no prearranged agreement for employment between the participating
1090-employer and the hired retirant. Upon request of the executive director
1091-of the system, the participating employer shall provide such
1092-information as may be needed by the executive director to carry out the
1093-provisions of this subsection.
1094-(b) The state board of education shall annually certify the top five HOUSE BILL No. 2711—page 18
1095-types of licensed positions that are hard to fill. A school district may
1096-hire a retirant to fill a hard-to-fill position for some or all of a school
1097-year and in subsequent school years if the employer is unable to
1098-permanently fill the position with an active member. A retirant first
1099-hired under the provisions of this subsection may be retained by an
1100-employer even if such retirant's type of position is no longer one of the
1101-five types of positions certified by the state board of education. A
1102-retirant hired under the provisions of this subsection may continue to
1103-receive such retirant's full retirement benefit for a period not to exceed
1104-three school years or 36 months, whichever is less, and shall not be
1105-subject to the provisions of K.S.A. 74-4914(5), and amendments
1106-thereto, which relate to a compensation limitation which when met or
1107-exceeded requires that the retirant not receive a retirement benefit for
1108-any month for which such retirant serves in a position as described
1109-herein. Such retirant may be employed by such employer for some or
1110-all of a school year, and in subsequent school years if the employer is
1111-unable to permanently fill the position with active members, so long as
1112-the retirant's total term of employment with all employers under this
1113-subsection does not exceed 36 months or three school years, whichever
1114-is less. After such period, the retirant shall be subject to the provisions
1115-of K.S.A. 74-4914(7), and amendments thereto, which relate to a
1116-compensation limitation which when met or exceeded requires that the
1053+(f) The provisions of this subsection shall expire on January 1, 2018.
1054+(5) (a) On and after July 1, 2016, a school district may hire a retired
1055+licensed professional to fill a non-special teacher position if such retirant is
1056+hired not prior to 60 days after such retirant's retirement date without any
1057+prearrangement with such school district, and if such school district hires a
1058+retirant for a hard-to-fill position in the manner prescribed in this
1059+subsection. The participating employer shall enroll all retirants and report
1060+to the system when compensation is paid to a retirant as provided in this
1061+subsection. Such notice shall contain a certification by the appointing
1062+authority of the participating employer that any hired retirant has not been
1063+employed by the participating employer within 60 days of such retirant's
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1107+retirement and that there was no prearranged agreement for employment
1108+between the participating employer and the hired retirant. Upon request of
1109+the executive director of the system, the participating employer shall
1110+provide such information as may be needed by the executive director to
1111+carry out the provisions of this subsection.
1112+(b) The state board of education shall annually certify the top five
1113+types of licensed positions that are hard to fill. A school district may hire a
1114+retirant to fill a hard-to-fill position for some or all of a school year and in
1115+subsequent school years if the employer is unable to permanently fill the
1116+position with an active member. A retirant first hired under the provisions
1117+of this subsection may be retained by an employer even if such retirant's
1118+type of position is no longer one of the five types of positions certified by
1119+the state board of education. A retirant hired under the provisions of this
1120+subsection may continue to receive such retirant's full retirement benefit
1121+for a period not to exceed three school years or 36 months, whichever is
1122+less, and shall not be subject to the provisions of K.S.A. 74-4914(5), and
1123+amendments thereto, which relate to a compensation limitation which
1124+when met or exceeded requires that the retirant not receive a retirement
1125+benefit for any month for which such retirant serves in a position as
1126+described herein. Such retirant may be employed by such employer for
1127+some or all of a school year, and in subsequent school years if the
1128+employer is unable to permanently fill the position with active members,
1129+so long as the retirant's total term of employment with all employers under
1130+this subsection does not exceed 36 months or three school years,
1131+whichever is less. After such period, the retirant shall be subject to the
1132+provisions of K.S.A. 74-4914(7), and amendments thereto, which relate to
1133+a compensation limitation which when met or exceeded requires that the
11171134 retirant not receive a retirement benefit for any month for which such
11181135 retirant serves in a position as described herein. The participating
11191136 employer of such retirant shall pay to the system a 30% employer
1120-contribution based on the retirant's compensation during any such
1121-period of employment. The provisions of this subsection shall not apply
1122-to retirants employed as substitute teachers without a contract. The
1123-provisions of K.S.A. 74-4914(5), and amendments thereto, shall be
1124-applicable to retirants employed as described in this subsection, except
1125-as specifically provided in this subsection.
1126-(c) Each school district that uses the provisions of this subsection
1127-to hire retirants for hard-to-fill positions shall maintain documentation
1128-describing their recruiting efforts to obtain non-retirant employees to
1129-fill the hard-to-fill positions. Upon request of the joint committee on
1130-pensions, investments and benefits, a school district shall provide such
1137+contribution based on the retirant's compensation during any such period
1138+of employment. The provisions of this subsection shall not apply to
1139+retirants employed as substitute teachers without a contract. The provisions
1140+of K.S.A. 74-4914(5), and amendments thereto, shall be applicable to
1141+retirants employed as described in this subsection, except as specifically
1142+provided in this subsection.
1143+(c) Each school district that uses the provisions of this subsection to
1144+hire retirants for hard-to-fill positions shall maintain documentation
1145+describing their recruiting efforts to obtain non-retirant employees to fill
1146+the hard-to-fill positions. Upon request of the joint committee on pensions,
1147+investments and benefits, a school district shall provide such
11311148 documentation to the committee. If the committee finds that a school
1132-district has not made sufficient efforts to hire a non-retirant for the
1133-position or if the committee finds evidence of prearrangement in
1134-violation of this section, the three-year exemption provided pursuant to
1135-this subsection may be revoked. The committee shall notify the
1136-executive director of the system that a retirant's exemption has been
1137-revoked within 30 days of making such a determination.
1149+district has not made sufficient efforts to hire a non-retirant for the position
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1193+or if the committee finds evidence of prearrangement in violation of this
1194+section, the three-year exemption provided pursuant to this subsection may
1195+be revoked. The committee shall notify the executive director of the
1196+system that a retirant's exemption has been revoked within 30 days of
1197+making such a determination.
11381198 (d) An employer may submit a written assurance protocol to the
1139-system to make a one-time extension to the exception provided for in
1140-this subsection by one year. Such written assurance protocol shall be
1141-signed by the superintendent and the board president of the school
1142-district. Such written assurance protocol shall state that the position was
1143-advertised on multiple platforms for a minimum of 30 calendar days
1144-and that at least one of the following conditions occurred:
1199+system to make a one-time extension to the exception provided for in this
1200+subsection by one year. Such written assurance protocol shall be signed by
1201+the superintendent and the board president of the school district. Such
1202+written assurance protocol shall state that the position was advertised on
1203+multiple platforms for a minimum of 30 calendar days and that at least one
1204+of the following conditions occurred:
11451205 (i) No applications were submitted for the position;
11461206 (ii) if applications were submitted, none of the applicants met the
11471207 reference screening criteria of the employer; or
1148-(iii) if applications were submitted, none of the applicants
1149-possessed an appropriate teaching license for the state of Kansas or
1150-possessed the appropriate credentials to receive any type of teaching
1151-license from the state of Kansas.
1152-(e) Nothing in this subsection shall be construed to create any
1153-right, or to authorize the creation of any right, which is not subject to
1208+(iii) if applications were submitted, none of the applicants possessed
1209+an appropriate teaching license for the state of Kansas or possessed the
1210+appropriate credentials to receive any type of teaching license from the
1211+state of Kansas.
1212+(e) Nothing in this subsection shall be construed to create any right,
1213+or to authorize the creation of any right, which is not subject to
11541214 amendment or nullification by act of the legislature.
1155-(f) The provisions of this subsection shall expire on January 1,
1156-2018.
1215+(f) The provisions of this subsection shall expire on January 1, 2018.
11571216 (6)(4) The provisions of K.S.A. 74-4914(8)(7), and amendments
1158-thereto, shall apply to retirants under the provisions of this section. HOUSE BILL No. 2711—page 19
1217+thereto, shall apply to retirants under the provisions of this section.
11591218 (7)(5) For the purposes of this section a prearranged agreement for
1160-employment may be determined by whether the facts and
1161-circumstances of the situation indicate that the employer and employee
1162-reasonably anticipated that further services would be performed after
1163-the employee's retirement.
1164-Sec. 12. K.S.A. 74-4957 is hereby amended to read as follows: 74-
1165-4957. (1) The normal retirement date for a member of the system who
1166-is appointed or employed prior to July 1, 1989, and who does not make
1167-an election pursuant to K.S.A. 74-4955a, and amendments thereto, shall
1168-be the first day of the month coinciding with or following termination
1169-of employment not followed by employment with any participating
1170-employer within 30 days, and the attainment of age 55 and the
1171-completion of 20 years of credited service or the completion of 32
1172-years of credited service regardless of the age of the member. Any
1173-member may retire on such member's normal retirement date or on the
1174-first day of any month thereafter.
1175-(2) Early retirement. Any member who is appointed or employed
1176-prior to July 1, 1989, and who does not make an election pursuant to
1177-K.S.A. 74-4955a, and amendments thereto, may retire before such
1178-member's normal retirement date on the first day of any month
1179-coinciding with or following termination of employment not followed
1180-by employment with any participating employer within 30 days and the
1181-attainment of age 50 and the completion of 20 years of credited service.
1182-(3) Notwithstanding the provisions of subsections (1) and (2) of
1183-this section and K.S.A. 74-4955a, 74-4957a, 74-4958a, 74-4960a, 74-
1184-4963a and 74-4964a, and amendments thereto, the normal retirement
1185-date for any member who was, up to the entry date of such member's
1186-employer, covered by a pension system under the provisions of K.S.A.
1187-13-14a01 to through 13-14a14, inclusive, or 14-10a01 to through 14-
1188-10a15, inclusive, and amendments thereto, shall be the first day of the
1189-month coinciding with or following the attainment of age 50 and the
1190-completion of 25 years of credited service.
1191-(4) In no event shall a member be eligible to retire until such
1192-member has been a contributing member of the system for 12 months
1193-of participating service, and shall have given such member's employer
1194-prior notice of retirement.
1195-(5) If a retirant who retired on or after July 1, 1994, is employed,
1196-elected or appointed in or to any position or office for which
1197-compensation for service is paid in an amount equal to $25,000
1198-$40,000 or more in any one such calendar year, by the same state
1199-agency or the same police or fire department of any county, city,
1200-township or special district or the same sheriff's office of a county
1201-during the final two years of such retirant's participation, such retirant
1202-shall not receive any retirement benefit for any month for which such
1203-retirant serves in such position or office. The participating employer
1204-shall report to the system within 30 days of when the compensation
1205-paid to the retirant is equal to or exceeds any limitation provided by this
1206-section. Any retirant employed by a participating employer in the
1207-Kansas police and firemen's retirement system shall not make
1208-contributions nor receive additional credit under such system for such
1209-service except as provided by this section. Upon request of the
1210-executive director of the system, the secretary of revenue shall provide
1211-such information as may be needed by the executive director to carry
1212-out the provisions of this act.
1213-Sec. 13. K.S.A. 74-4957a is hereby amended to read as follows:
1214-74-4957a. (1) The normal retirement date for a member of the system
1215-who is appointed or employed on or after July 1, 1989, or who makes
1216-an election pursuant to K.S.A. 74-4955a, and amendments thereto, to
1217-be covered by the provisions of this act shall be the first day of the
1218-month coinciding with or following termination of employment not
1219-followed by employment with any participating employer within 30
1220-days and the attainment of age 55 and the completion of 20 years of
1221-credited service, age 50 and the completion of 25 years of credited
1222-service or age 60 with the completion of 15 years of credited service. HOUSE BILL No. 2711—page 20
1223-Any such member may retire on such member's normal retirement date
1224-or on the first day of any month thereafter.
1225-(2) Any member may retire before such member's normal
1226-retirement date on the first day of any month coinciding with or
1227-following termination of employment not followed by employment
1228-with any participating employer within 30 days and the attainment of
1229-age 50 and the completion of 20 years of credited service.
1230-(3) In no event shall a member be eligible to retire until such
1231-member has been a contributing member of the system for 12 months
1232-of participating service, and shall have given such member's employer
1233-prior notice of retirement.
1234-(4) If a retirant who retired on or after July 1, 1996, is employed,
1235-elected or appointed in or to any position or office for which
1236-compensation for service is paid in an amount equal to $25,000
1237-$40,000 or more in any one such calendar year, by the same state
1238-agency or the same police or fire department of any county, city,
1239-township or special district or the same sheriff's office of a county
1240-during the final two years of such retirant's participation, such retirant
1241-shall not receive any retirement benefit for any month for which such
1242-retirant serves in such position or office. The participating employer
1243-shall report to the system within 30 days of when the compensation
1244-paid to the retirant is equal to or exceeds any limitation provided by this
1245-section. Any retirant employed by a participating employer in the
1246-Kansas police and firemen's retirement system shall not make
1247-contributions nor receive additional credit under such system for such
1248-service except as provided by this section. Upon request of the
1249-executive director of the system, the secretary of revenue shall provide
1250-such information as may be needed by the executive director to carry
1251-out the provisions of this act.
1252-(5) The provisions of this section shall be effective on and after
1253-July 1, 1989, and shall apply only to members who were appointed or
1254-employed prior to July 1, 1989, and who made an election pursuant to
1255-K.S.A. 74-4955a, and amendments thereto; and persons appointed or
1256-employed on or after July 1, 1989.
1257-Sec. 14. K.S.A. 74-4989 is hereby amended to read as follows: 74-
1258-4989. (1) (a) Except as provided in paragraph (b), pursuant to the
1259-provisions of K.S.A. 74-49,128, and amendments thereto, upon the
1260-death of a retirant, the board of trustees of the Kansas public employees
1261-retirement system shall pay a lump-sum death benefit to: (i) The
1262-retirant's beneficiary which that shall not exceed $4,000 $6,000 for
1263-such retirant, less any amount payable for funeral benefits under the
1264-applicable provisions of any local police or fire pension plan, as
1265-defined by subsection (c) of K.S.A. 12-5001(c), and amendments
1266-thereto; or to (ii) a funeral establishment as directed by the retirant and
1267-filed in the office of the system prior to such retirant's death.
1268-(b) Notwithstanding the provisions of K.S.A. 74-4923, and
1269-amendments thereto, any amounts owed the system shall be deducted
1270-from such lump-sum death benefit.
1271-(2) As used in this section, "retirant" means any person who is a
1272-member or special member of the Kansas public employees retirement
1273-system, the Kansas police and firemen's retirement system, the state
1274-school retirement system or the retirement system for judges and who
1275-has retired.
1276-Sec. 15. K.S.A. 74-49,315 is hereby amended to read as follows:
1277-74-49,315. A member's beneficiary shall be determined as provided in
1278-the pre-2015 plan. Upon filing a written application with the board after
1279-the death of a member receiving a benefit under subsections (a) or (b)
1280-of K.S.A. 74-49,313(a) or (b), and amendments thereto, the member's
1281-beneficiary is entitled to a $4,000 the lump-sum death benefit as
1282-provided in K.S.A. 74-4989, and amendments thereto. HOUSE BILL No. 2711—page 21
1283-Sec. 16. K.S.A. 74-4937, 74-4957, 74-4957a, 74-4989 and 74-
1284-49,315 and K.S.A. 2023 Supp. 74-4911, 74-4914 and 74-4921 are
1285-hereby repealed.
1286-Sec. 17. This act shall take effect and be in force from and after its
1219+employment may be determined by whether the facts and circumstances of
1220+the situation indicate that the employer and employee reasonably
1221+anticipated that further services would be performed after the employee's
1222+retirement.
1223+Sec. 3. K.S.A. 74-4937 and K.S.A. 2023 Supp. 74-4914 are hereby
1224+repealed.
1225+Sec. 4. This act shall take effect and be in force from and after its
12871226 publication in the statute book.
1288-I hereby certify that the above BILL originated in the HOUSE, and was
1289-adopted by that body
1290-
1291-HOUSE adopted
1292-Conference Committee Report
1293-
1294-Speaker of the House.
1295-
1296-Chief Clerk of the House.
1297-Passed the SENATE
1298- as amended
1299-SENATE adopted
1300-Conference Committee Report
1301-
1302-President of the Senate.
1303-
1304-Secretary of the Senate.
1305-APPROVED
1306-
1307-
1308-Governor.
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