Kansas 2025-2026 Regular Session

Kansas House Bill HB2008 Compare Versions

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1	1	Session of 2025
2	2	HOUSE BILL No. 2008
3	3	By Representatives Proctor, Buehler, Johnson, Neelly and Resman
4	4	1-13
5	5	AN ACT concerning retirement and pensions; relating to the Kansas public
6	6	employees retirement system; modifying the definition of security
7	7	officer to include certain juvenile corrections officer positions for
8	8	purposes of determining retirement dates, benefits and the employer
9	9	contribution rate for certain employees of the department of
10	10	corrections; amending K.S.A. 74-4914a and 74-4914e and repealing
11	11	the existing sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 74-4914a is hereby amended to read as follows: 74-
14	14	4914a. (1) As used in K.S.A. 74-4914a to through 74-4914e, inclusive, and
15	15	amendments thereto, "security officer" means any person, as certified to
16	16	the board by the secretary of corrections, who is employed on or after the
17	17	effective date of this act as an employee of the department of corrections:
18	18	(a) Who is in any position in a job class in the corrections officer or
19	19	juvenile services corrections officer class series, including, but not limited
20	20	to, corrections officer I (A), corrections officer I (B), corrections officer II,
21	21	corrections supervisor I, corrections supervisor II and, corrections
22	22	supervisor III, or in a position in the corrections counselor I, corrections
23	23	counselor II, unit team supervisor or, corrections classification
24	24	administrator, juvenile corrections officer I (A), juvenile corrections officer
25	25	I (B), juvenile corrections officer II, or juvenile corrections officer III job
26	26	class, as all such job classes are described on the effective date of this act
27	27	July 1, 2025, in the state job classification plan in effect for the classified
28	28	service under the Kansas civil service act or who is in a position in any
29	29	successor job class or classes that have been approved under K.S.A. 75-
30	30	2938, and amendments thereto, and that have substantially the same duties
31	31	and responsibilities thereof;
32	32	(b) who is promoted prior to or on or after the effective date of this
33	33	act from a position in any job class under paragraph (a) to any position in
34	34	any job class of warden or deputy warden of any correctional institution,
35	35	the job class of superintendent or deputy superintendent of any juvenile
36	36	correctional facility, the job class of work release supervisor, the job class
37	37	of training officer, correctional institutions, or the job class of corrections
38	38	administrator — security specialist as such job classes are described on the
39	39	effective date of this act July 1, 2025, in the state job classification plan in
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76	76	effect for the classified service under the Kansas civil service act or to any
77	77	successor job class or classes that are approved under K.S.A. 75-2938, and
78	78	amendments thereto, and that have substantially the same duties and
79	79	responsibilities, if the person was employed and had at least three
80	80	consecutive years of service in any one or more positions in any one or
81	81	more job classes described in paragraph (a) immediately preceding
82	82	promotion to the position in a job class under this paragraph (b);
83	83	(c) who is in any position for which the duties and responsibilities
84	84	directly and primarily involve operation of power plant facilities within
85	85	any correctional institution and involve regular contact with inmates;
86	86	(d) who is in any position for which the duties and responsibilities
87	87	directly and primarily involve the operation of the correctional industries
88	88	activity of the department of corrections within a correctional institution
89	89	and involve regular contact with inmates;
90	90	(e) who is in any position for which the duties and responsibilities
91	91	directly and primarily involve supervision of food service operations
92	92	within any correctional institution and involve regular contact with
93	93	inmates; or
94	94	(f) who is in any position for which the duties and responsibilities
95	95	directly and primarily involve supervision of maintenance operations
96	96	within any correctional institution and involve regular contact with
97	97	inmates.
98	98	(2) As used in K.S.A. 74-4914a to through 74-4914e, inclusive, and
99	99	amendments thereto, references to the department of corrections include
100	100	correctional institutions as defined by K.S.A. 75-5202, and amendments
101	101	thereto, and juvenile correctional facilities as defined by K.S.A. 38-2302,
102	102	and amendments thereto, unless the context requires otherwise.
103	103	(3) The words and phrases used in K.S.A. 74-4914a to through 74-
104	104	4914e, inclusive, and amendments thereto, shall have the meanings
105	105	ascribed thereto mean the same as defined in K.S.A. 74-4902, and
106	106	amendments thereto, unless a different meaning is plainly required by the
107	107	context.
108	108	Sec. 2. K.S.A. 74-4914e is hereby amended to read as follows: 74-
109	109	4914e. (1) As used in this section:
110	110	(a) "Correctional employee" means any member of the system who is
111	111	a security officer or other employee of the department of corrections and
112	112	who is in a position for which the duties and responsibilities involve
113	113	regular contact with inmates or juvenile offenders as certified by the
114	114	secretary of corrections;
115	115	(b) "disability" means the total inability to perform permanently the
116	116	duties of the position of a correctional employee in which the correctional
117	117	employee was employed at the time of disability;
118	118	(c) "service-connected" means any physical or mental disability
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162	162	resulting from external force, violence or disease occasioned by an act of
163	163	duty as a correctional employee and includes, for any correctional
164	164	employee after five years of credited service, any death or disability
165	165	resulting from a heart disease or disease of the lung or respiratory tract,
166	166	except that in the event that the correctional employee ceases to be a
167	167	contributing member except by reason of a service-connected disability for
168	168	a period of six months or more and then again becomes a contributing
169	169	member the provision relating to death or disability resulting from a heart
170	170	disease or disease of the lung or respiratory tract shall not apply until such
171	171	correctional employee has again become a contributing member for a
172	172	period of not less than two years or unless clear and precise evidence is
173	173	presented that the heart disease or disease of the lung or respiratory tract
174	174	was in fact occasioned by an act of duty as a correctional employee; and
175	175	(d) "final average salary" means the average highest annual
176	176	compensation paid to a correctional employee for any three of the last five
177	177	years of participating service immediately preceding the date of disability,
178	178	or if participating service is less than three years, then the average annual
179	179	compensation paid to the correctional employee during the full period of
180	180	participating service or if a correctional employee has less than one
181	181	calendar year of participating service the correctional employee's final
182	182	average salary shall be computed by multiplying the correctional
183	183	employee's highest monthly salary received in that year by 12.
184	184	(2) If any active contributing correctional employee becomes totally
185	185	and permanently disabled due to service-connected causes as defined in
186	186	subsection (1), such correctional employee shall be retired and the
187	187	following benefits shall become payable and shall continue until the
188	188	correctional employee's death or until the correctional employee recovers
189	189	from the disability if a report of the event in a form acceptable to the board
190	190	is filed in the office of the executive director of the board within 220 days
191	191	after the date of the event or act of duty causing such disability and an
192	192	application for such benefit, in such form and manner as the board shall
193	193	prescribe, is filed by the correctional employee or the correctional
194	194	employee's authorized representative in the office of the executive director
195	195	of the board within two years of the date of disability:
196	196	(a) The correctional employee shall receive a retirement benefit equal
197	197	to 50% of the correctional employee's final average salary. Such benefit
198	198	shall accrue from the day upon which the correctional employee ceases to
199	199	draw compensation.
200	200	(b) Each of the correctional employee's unmarried children under the
201	201	age of 18 years or each of the correctional employee's children under the
202	202	age of 23 years who are full-time students as provided in K.S.A. 74-
203	203	49,117, and amendments thereto, shall receive an annual benefit equal to
204	204	10% of the correctional employee's final average salary. Such benefit shall
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248	248	accrue from the day upon which the correctional employee ceases to draw
249	249	compensation and shall end on the first day of the month in which each
250	250	such child or children attains the age of 18 years, die or marry, whichever
251	251	occurs earlier or in which each such child or children attains the age of 23
252	252	years, if such child or children are full-time students as provided in K.S.A.
253	253	74-49,117, and amendments thereto.
254	254	(c) In no case shall the total benefits payable under paragraphs (a) and
255	255	(b) of this subsection (2) be in excess of 75% of the correctional
256	256	employee's final average salary.
257	257	(d) In the event a correctional employee who is retired under
258	258	paragraph (a) of this subsection (2), dies within two years after the date of
259	259	such retirement, then benefits may be payable under subsection (2) of
260	260	K.S.A. 74-4916(2), and amendments thereto.
261	261	(e) In the event a correctional employee who is retired under
262	262	paragraph (a) of this subsection (2), dies more than two years after the date
263	263	of such retirement, and the proximate cause of such death is the service-
264	264	connected cause from which the disability resulted, then benefits may be
265	265	payable under subsection (2) of K.S.A. 74-4916(2), and amendments
266	266	thereto.
267	267	(f) (i) In the event a correctional employee who is retired under
268	268	subsection (2) dies after the date of retirement and no benefits are payable
269	269	under paragraphs (d) and (e), the following benefits shall be payable:
270	270	(i)(A) To the correctional employee's spouse, if lawfully wedded to
271	271	the correctional employee at the time of the correctional employee's death,
272	272	a lump-sum benefit equal to 50% of the correctional employee's final
273	273	average salary at the time of the correctional employee's retirement.
274	274	(ii)(B) To the correctional employee's spouse, if lawfully wedded to
275	275	the correctional employee at the time of the correctional employee's death,
276	276	an annual benefit equal to 50% of the correctional employee's retirement
277	277	benefit payable in monthly installments, to accrue from the first day of the
278	278	month following the correctional employee's date of death and ending on
279	279	the first day of the month in which the spouse dies. If there is no surviving
280	280	spouse, or if after the death of the spouse there remain one or more
281	281	children under the age of 18 years or one or more children under the age of
282	282	23 years who is a full-time student as provided in K.S.A. 74-49,117, and
283	283	amendments thereto, the annual spouse's benefit shall be payable in equal
284	284	shares to such children and each child's share shall end on the first day of
285	285	the month in which such child attains the age of 18 years or dies,
286	286	whichever occurs earlier or in which such child attains the age of 23 years,
287	287	if such child is a full-time student as provided in K.S.A. 74-49,117, and
288	288	amendments thereto.
289	289	(ii) The provisions of this subsection shall apply in all cases of such
290	290	correctional employees who die after October 1, 1996.
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334	334	(3) If any correctional employee who is an active contributing
335	335	member prior to such correctional employee's normal retirement becomes
336	336	totally and permanently disabled for a period of 180 days from causes not
337	337	service-connected, and not as the result of a willfully negligent or
338	338	intentional act of the correctional employee, such correctional employee
339	339	shall be retired and the following benefit shall become payable and shall
340	340	continue until the correctional employee's death or until the correctional
341	341	employee recovers from such disability whichever occurs first if a report
342	342	of the disability in a form acceptable to the board is filed in the office of
343	343	the executive director of the board within 220 days after the date of the
344	344	commencement of such disability and if an application for such benefit in
345	345	such form and manner as the board shall prescribe is filed in the office of
346	346	the executive director of the board within two years of the date of
347	347	disability:
348	348	A retirement benefit equal to 2% of the correctional employee's final
349	349	average salary multiplied by the number of years of credited service,
350	350	except that such retirement benefit shall be at least equal to 25% of the
351	351	member's final average salary but not to exceed the amount of the
352	352	retirement benefit provided in paragraph (a) of subsection (2)(a). Such
353	353	benefit shall not become payable until satisfactory evidence is presented to
354	354	the board that the correctional employee is and has been for a period of
355	355	180 days totally and permanently disabled, but benefits shall accrue from
356	356	the day upon which the correctional employee ceases to draw
357	357	compensation.
358	358	(4) Any correctional employee who is employed for compensation by
359	359	an employer other than the department of corrections and whose disability
360	360	is incurred in the course of such other employment shall not be eligible for
361	361	any of the benefits provided in subsection (3).
362	362	(5) If a correctional employee becomes totally and permanently
363	363	disabled and no benefits are payable under subsections subsection (2) or
364	364	(3), the sum of the correctional employee's accumulated contributions shall
365	365	be paid to the correctional employee.
366	366	(6) Any correctional employee receiving benefits under this section
367	367	shall submit to medical examination, not oftener than annually, by one or
368	368	more physicians or any other practitioners of the healing arts holding a
369	369	valid license issued by Kansas state board of healing arts, as the board of
370	370	trustees may direct. If upon such medical examination the examiners
371	371	report to the board that the retirant is physically able and capable of
372	372	resuming employment with the participating employer from whose
373	373	employment the correctional employee retired, the disability benefits shall
374	374	terminate. A retirant who has been receiving benefits under the provisions
375	375	of this section and who returns to employment of a participating employer
376	376	shall immediately commence accruing service credit, which shall be added
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420	420	to that which has been accrued by virtue of previous service.
421	421	(7) Any retirant who has been receiving benefits under the provisions
422	422	of this section for a period of five years shall be deemed finally retired and
423	423	shall not be subject to further medical examinations, except that if the
424	424	board of trustees shall have reasonable grounds to question whether the
425	425	retirant remains totally and permanently disabled, a further medical
426	426	examination or examinations may be required.
427	427	(8) Refusal or neglect to submit to examination as provided in
428	428	subsection (6) shall be sufficient cause for suspending or discontinuing
429	429	benefit payments under this section and if such refusal or neglect shall
430	430	continue for a period of one year, the correctional employee's rights in and
431	431	to all benefits under the system may be revoked by the board.
432	432	(9) Any retirement benefits payable under the provisions of this
433	433	section shall be in lieu of all other benefits under the system.
434	434	(10) Each correctional employee shall report to such member's
435	435	participating employer any event or act of duty causing disability within
436	436	200 days after such event or act of duty. The department of corrections
437	437	shall file in the office of the executive director of the board, in a form
438	438	acceptable to the board, a report of the event or act of duty causing
439	439	disability within 220 days after the event or act of duty.
440	440	(11) Benefits payable under this section shall be reduced by the
441	441	original amount of any disability benefits received under the federal social
442	442	security act or the workers compensation act. For any correctional
443	443	employee already retired on the effective date of this act, no reduction of
444	444	the original social security benefits shall be applicable to benefits paid
445	445	prior to the effective date of this act. In no case shall a correctional
446	446	employee who is entitled to receive benefits under this section receive less
447	447	than $100 per month.
448	448	(12) The provisions of this section shall apply to disabilities
449	449	occurring after June 30, 1982, and prior to July 1, 1995. At the direction of
450	450	the board of trustees, the actuary shall conduct an experience evaluation of
451	451	benefits payable under this section and the board shall provide copies of
452	452	such study to the governor and members of the legislature.
453	453	(13) The provisions of K.S.A. 74-4927, and amendments thereto,
454	454	relating to insured disability benefits shall not be applicable to correctional
455	455	employees subject to the provisions of this section.
456	456	(14) (i) In the event a correctional employee who is retired under
457	457	subsection (3) dies after the date of retirement and no benefits are payable
458	458	under that subsection, the following benefits shall be payable:
459	459	(i)(A) To the correctional employee's spouse, if lawfully wedded to
460	460	the correctional employee at the time of the correctional employee's death,
461	461	a lump-sum benefit equal to 50% of the correctional employee's final
462	462	average salary at the time of the correctional employee's retirement.
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506	506	(ii)(B) To the correctional employee's spouse, if lawfully wedded to
507	507	the correctional employee at the time of the correctional employee's death,
508	508	an annual benefit equal to 50% of the correctional employee's retirement
509	509	benefit payable in monthly installments, to accrue from the first day of the
510	510	month following the correctional employee's date of death and ending on
511	511	the first day of the month in which the spouse dies. If there is no surviving
512	512	spouse, or if after the death of the spouse there remain one or more
513	513	children under the age of 18 years or one or more children under the age of
514	514	23 years who is a full-time student as provided in K.S.A. 74-49,117, and
515	515	amendments thereto, the annual spouse's benefit shall be payable in equal
516	516	shares to such children and each child's share shall end on the first day of
517	517	the month in which such child attains the age of 18 years or dies,
518	518	whichever occurs earlier or in which such child attains the age of 23 years,
519	519	if such child is a full-time student as provided in K.S.A. 74-49,117, and
520	520	amendments thereto.
521	521	(ii) The provisions of this subsection shall apply in all cases of such
522	522	correctional employees who die after October 1, 1996.
523	523	Sec. 3. K.S.A. 74-4914a and 74-4914e are hereby repealed.
524	524	Sec. 4. This act shall take effect and be in force from and after its
525	525	publication in the statute book.
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