Session of 2025
HOUSE BILL No. 2008
By Representatives Proctor, Buehler, Johnson, Neelly and Resman
1-13
AN ACT concerning retirement and pensions; relating to the Kansas public
employees retirement system; modifying the definition of security
officer to include certain juvenile corrections officer positions for
purposes of determining retirement dates, benefits and the employer
contribution rate for certain employees of the department of
corrections; amending K.S.A. 74-4914a and 74-4914e and repealing
the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 74-4914a is hereby amended to read as follows: 74-
4914a. (1) As used in K.S.A. 74-4914a to through 74-4914e, inclusive, and
amendments thereto, "security officer" means any person, as certified to
the board by the secretary of corrections, who is employed on or after the
effective date of this act as an employee of the department of corrections:
(a) Who is in any position in a job class in the corrections officer or
juvenile services corrections officer class series, including, but not limited
to, corrections officer I (A), corrections officer I (B), corrections officer II,
corrections supervisor I, corrections supervisor II and, corrections
supervisor III, or in a position in the corrections counselor I, corrections
counselor II, unit team supervisor or, corrections classification
administrator, juvenile corrections officer I (A), juvenile corrections officer
I (B), juvenile corrections officer II, or juvenile corrections officer III job
class, as all such job classes are described on the effective date of this act
July 1, 2025, in the state job classification plan in effect for the classified
service under the Kansas civil service act or who is in a position in any
successor job class or classes that have been approved under K.S.A. 75-
2938, and amendments thereto, and that have substantially the same duties
and responsibilities thereof;
(b) who is promoted prior to or on or after the effective date of this
act from a position in any job class under paragraph (a) to any position in
any job class of warden or deputy warden of any correctional institution,
the job class of superintendent or deputy superintendent of any juvenile
correctional facility, the job class of work release supervisor, the job class
of training officer, correctional institutions, or the job class of corrections
administrator — security specialist as such job classes are described on the
effective date of this act July 1, 2025, in the state job classification plan in
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effect for the classified service under the Kansas civil service act or to any
successor job class or classes that are approved under K.S.A. 75-2938, and
amendments thereto, and that have substantially the same duties and
responsibilities, if the person was employed and had at least three
consecutive years of service in any one or more positions in any one or
more job classes described in paragraph (a) immediately preceding
promotion to the position in a job class under this paragraph (b);
(c) who is in any position for which the duties and responsibilities
directly and primarily involve operation of power plant facilities within
any correctional institution and involve regular contact with inmates;
(d) who is in any position for which the duties and responsibilities
directly and primarily involve the operation of the correctional industries
activity of the department of corrections within a correctional institution
and involve regular contact with inmates;
(e) who is in any position for which the duties and responsibilities
directly and primarily involve supervision of food service operations
within any correctional institution and involve regular contact with
inmates; or
(f) who is in any position for which the duties and responsibilities
directly and primarily involve supervision of maintenance operations
within any correctional institution and involve regular contact with
inmates.
(2) As used in K.S.A. 74-4914a to through 74-4914e, inclusive, and
amendments thereto, references to the department of corrections include
correctional institutions as defined by K.S.A. 75-5202, and amendments
thereto, and juvenile correctional facilities as defined by K.S.A. 38-2302,
and amendments thereto, unless the context requires otherwise.
(3) The words and phrases used in K.S.A. 74-4914a to through 74-
4914e, inclusive, and amendments thereto, shall have the meanings
ascribed thereto mean the same as defined in K.S.A. 74-4902, and
amendments thereto, unless a different meaning is plainly required by the
context.
Sec. 2. K.S.A. 74-4914e is hereby amended to read as follows: 74-
4914e. (1) As used in this section:
(a) "Correctional employee" means any member of the system who is
a security officer or other employee of the department of corrections and
who is in a position for which the duties and responsibilities involve
regular contact with inmates or juvenile offenders as certified by the
secretary of corrections;
(b) "disability" means the total inability to perform permanently the
duties of the position of a correctional employee in which the correctional
employee was employed at the time of disability;
(c) "service-connected" means any physical or mental disability
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resulting from external force, violence or disease occasioned by an act of
duty as a correctional employee and includes, for any correctional
employee after five years of credited service, any death or disability
resulting from a heart disease or disease of the lung or respiratory tract,
except that in the event that the correctional employee ceases to be a
contributing member except by reason of a service-connected disability for
a period of six months or more and then again becomes a contributing
member the provision relating to death or disability resulting from a heart
disease or disease of the lung or respiratory tract shall not apply until such
correctional employee has again become a contributing member for a
period of not less than two years or unless clear and precise evidence is
presented that the heart disease or disease of the lung or respiratory tract
was in fact occasioned by an act of duty as a correctional employee; and
(d) "final average salary" means the average highest annual
compensation paid to a correctional employee for any three of the last five
years of participating service immediately preceding the date of disability,
or if participating service is less than three years, then the average annual
compensation paid to the correctional employee during the full period of
participating service or if a correctional employee has less than one
calendar year of participating service the correctional employee's final
average salary shall be computed by multiplying the correctional
employee's highest monthly salary received in that year by 12.
(2) If any active contributing correctional employee becomes totally
and permanently disabled due to service-connected causes as defined in
subsection (1), such correctional employee shall be retired and the
following benefits shall become payable and shall continue until the
correctional employee's death or until the correctional employee recovers
from the disability if a report of the event in a form acceptable to the board
is filed in the office of the executive director of the board within 220 days
after the date of the event or act of duty causing such disability and an
application for such benefit, in such form and manner as the board shall
prescribe, is filed by the correctional employee or the correctional
employee's authorized representative in the office of the executive director
of the board within two years of the date of disability:
(a) The correctional employee shall receive a retirement benefit equal
to 50% of the correctional employee's final average salary. Such benefit
shall accrue from the day upon which the correctional employee ceases to
draw compensation.
(b) Each of the correctional employee's unmarried children under the
age of 18 years or each of the correctional employee's children under the
age of 23 years who are full-time students as provided in K.S.A. 74-
49,117, and amendments thereto, shall receive an annual benefit equal to
10% of the correctional employee's final average salary. Such benefit shall
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accrue from the day upon which the correctional employee ceases to draw
compensation and shall end on the first day of the month in which each
such child or children attains the age of 18 years, die or marry, whichever
occurs earlier or in which each such child or children attains the age of 23
years, if such child or children are full-time students as provided in K.S.A.
74-49,117, and amendments thereto.
(c) In no case shall the total benefits payable under paragraphs (a) and
(b) of this subsection (2) be in excess of 75% of the correctional
employee's final average salary.
(d) In the event a correctional employee who is retired under
paragraph (a) of this subsection (2), dies within two years after the date of
such retirement, then benefits may be payable under subsection (2) of
K.S.A. 74-4916(2), and amendments thereto.
(e) In the event a correctional employee who is retired under
paragraph (a) of this subsection (2), dies more than two years after the date
of such retirement, and the proximate cause of such death is the service-
connected cause from which the disability resulted, then benefits may be
payable under subsection (2) of K.S.A. 74-4916(2), and amendments
thereto.
(f) (i) In the event a correctional employee who is retired under
subsection (2) dies after the date of retirement and no benefits are payable
under paragraphs (d) and (e), the following benefits shall be payable:
(i)(A) To the correctional employee's spouse, if lawfully wedded to
the correctional employee at the time of the correctional employee's death,
a lump-sum benefit equal to 50% of the correctional employee's final
average salary at the time of the correctional employee's retirement.
(ii)(B) To the correctional employee's spouse, if lawfully wedded to
the correctional employee at the time of the correctional employee's death,
an annual benefit equal to 50% of the correctional employee's retirement
benefit payable in monthly installments, to accrue from the first day of the
month following the correctional employee's date of death and ending on
the first day of the month in which the spouse dies. If there is no surviving
spouse, or if after the death of the spouse there remain one or more
children under the age of 18 years or one or more children under the age of
23 years who is a full-time student as provided in K.S.A. 74-49,117, and
amendments thereto, the annual spouse's benefit shall be payable in equal
shares to such children and each child's share shall end on the first day of
the month in which such child attains the age of 18 years or dies,
whichever occurs earlier or in which such child attains the age of 23 years,
if such child is a full-time student as provided in K.S.A. 74-49,117, and
amendments thereto.
(ii) The provisions of this subsection shall apply in all cases of such
correctional employees who die after October 1, 1996.
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(3) If any correctional employee who is an active contributing
member prior to such correctional employee's normal retirement becomes
totally and permanently disabled for a period of 180 days from causes not
service-connected, and not as the result of a willfully negligent or
intentional act of the correctional employee, such correctional employee
shall be retired and the following benefit shall become payable and shall
continue until the correctional employee's death or until the correctional
employee recovers from such disability whichever occurs first if a report
of the disability in a form acceptable to the board is filed in the office of
the executive director of the board within 220 days after the date of the
commencement of such disability and if an application for such benefit in
such form and manner as the board shall prescribe is filed in the office of
the executive director of the board within two years of the date of
disability:
A retirement benefit equal to 2% of the correctional employee's final
average salary multiplied by the number of years of credited service,
except that such retirement benefit shall be at least equal to 25% of the
member's final average salary but not to exceed the amount of the
retirement benefit provided in paragraph (a) of subsection (2)(a). Such
benefit shall not become payable until satisfactory evidence is presented to
the board that the correctional employee is and has been for a period of
180 days totally and permanently disabled, but benefits shall accrue from
the day upon which the correctional employee ceases to draw
compensation.
(4) Any correctional employee who is employed for compensation by
an employer other than the department of corrections and whose disability
is incurred in the course of such other employment shall not be eligible for
any of the benefits provided in subsection (3).
(5) If a correctional employee becomes totally and permanently
disabled and no benefits are payable under subsections subsection (2) or
(3), the sum of the correctional employee's accumulated contributions shall
be paid to the correctional employee.
(6) Any correctional employee receiving benefits under this section
shall submit to medical examination, not oftener than annually, by one or
more physicians or any other practitioners of the healing arts holding a
valid license issued by Kansas state board of healing arts, as the board of
trustees may direct. If upon such medical examination the examiners
report to the board that the retirant is physically able and capable of
resuming employment with the participating employer from whose
employment the correctional employee retired, the disability benefits shall
terminate. A retirant who has been receiving benefits under the provisions
of this section and who returns to employment of a participating employer
shall immediately commence accruing service credit, which shall be added
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to that which has been accrued by virtue of previous service.
(7) Any retirant who has been receiving benefits under the provisions
of this section for a period of five years shall be deemed finally retired and
shall not be subject to further medical examinations, except that if the
board of trustees shall have reasonable grounds to question whether the
retirant remains totally and permanently disabled, a further medical
examination or examinations may be required.
(8) Refusal or neglect to submit to examination as provided in
subsection (6) shall be sufficient cause for suspending or discontinuing
benefit payments under this section and if such refusal or neglect shall
continue for a period of one year, the correctional employee's rights in and
to all benefits under the system may be revoked by the board.
(9) Any retirement benefits payable under the provisions of this
section shall be in lieu of all other benefits under the system.
(10) Each correctional employee shall report to such member's
participating employer any event or act of duty causing disability within
200 days after such event or act of duty. The department of corrections
shall file in the office of the executive director of the board, in a form
acceptable to the board, a report of the event or act of duty causing
disability within 220 days after the event or act of duty.
(11) Benefits payable under this section shall be reduced by the
original amount of any disability benefits received under the federal social
security act or the workers compensation act. For any correctional
employee already retired on the effective date of this act, no reduction of
the original social security benefits shall be applicable to benefits paid
prior to the effective date of this act. In no case shall a correctional
employee who is entitled to receive benefits under this section receive less
than $100 per month.
(12) The provisions of this section shall apply to disabilities
occurring after June 30, 1982, and prior to July 1, 1995. At the direction of
the board of trustees, the actuary shall conduct an experience evaluation of
benefits payable under this section and the board shall provide copies of
such study to the governor and members of the legislature.
(13) The provisions of K.S.A. 74-4927, and amendments thereto,
relating to insured disability benefits shall not be applicable to correctional
employees subject to the provisions of this section.
(14) (i) In the event a correctional employee who is retired under
subsection (3) dies after the date of retirement and no benefits are payable
under that subsection, the following benefits shall be payable:
(i)(A) To the correctional employee's spouse, if lawfully wedded to
the correctional employee at the time of the correctional employee's death,
a lump-sum benefit equal to 50% of the correctional employee's final
average salary at the time of the correctional employee's retirement.
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(ii)(B) To the correctional employee's spouse, if lawfully wedded to
the correctional employee at the time of the correctional employee's death,
an annual benefit equal to 50% of the correctional employee's retirement
benefit payable in monthly installments, to accrue from the first day of the
month following the correctional employee's date of death and ending on
the first day of the month in which the spouse dies. If there is no surviving
spouse, or if after the death of the spouse there remain one or more
children under the age of 18 years or one or more children under the age of
23 years who is a full-time student as provided in K.S.A. 74-49,117, and
amendments thereto, the annual spouse's benefit shall be payable in equal
shares to such children and each child's share shall end on the first day of
the month in which such child attains the age of 18 years or dies,
whichever occurs earlier or in which such child attains the age of 23 years,
if such child is a full-time student as provided in K.S.A. 74-49,117, and
amendments thereto.
(ii) The provisions of this subsection shall apply in all cases of such
correctional employees who die after October 1, 1996.
Sec. 3. K.S.A. 74-4914a and 74-4914e are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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