Kansas 2025-2026 Regular Session

Kansas Senate Bill SB202 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	SENATE BILL No. 202
3	3	By Senators Shane, Joseph Claeys, Clifford, Corson, Pettey and Sykes
4	4	2-5
5	5	AN ACT concerning education; relating to teachers; defining teachers for
6	6	purposes of the Kansas public employees retirement system;
7	7	transferring teachers from the Kansas public employees retirement
8	8	system act of 2015 to the Kansas public employees retirement system
9	9	act of 2009; amending K.S.A. 74-49,301 and repealing the existing
10	10	section.
11	11	Be it enacted by the Legislature of the State of Kansas:
12	12	New Section 1. (a) In light of the legislature's continuous review of
13	13	the Kansas public employees retirement system, including the audit report
14	14	by the Kansas legislative division of post audit published in February
15	15	2024, titled, "Reviewing the KPERS 3 Retirement Plan," the legislature
16	16	intends to continue such review in order to make changes as necessary to
17	17	the Kansas public employees retirement system to ensure such system
18	18	serves the purposes provided in K.S.A. 74-4901, and amendments thereto.
19	19	Such changes may include transferring additional employee groups from
20	20	the Kansas public employees retirement system act of 2015 to the Kansas
21	21	public employees retirement system act of 2009.
22	22	(b) Any teacher who is first employed by a participating employer
23	23	under K.S.A. 74-4931, and amendments thereto, on or after July 1, 2025,
24	24	shall be a member of the system under the provisions of the Kansas public
25	25	employees retirement system act of 2009, K.S.A. 74-49,201 et seq., and
26	26	amendments thereto.
27	27	(c) On January 1, 2026, all active and inactive teacher members
28	28	enrolled in the Kansas public employees retirement system act of 2015
29	29	shall have such membership transferred to the group of members governed
30	30	by the provisions of the Kansas public employees retirement system act of
31	31	2009, K.S.A. 74-49,201 et seq., and amendments thereto. All member and
32	32	employer contributions and service credit prior to January 1, 2026, shall be
33	33	transferred and thereafter be treated as and governed by the provisions of
34	34	the Kansas public employees retirement system act of 2009, subject to the
35	35	provisions of this section. Upon transfer to the provisions of the Kansas
36	36	public employees retirement system act of 2009, teachers shall be entitled
37	37	to all rights and benefits of such act for all prior and future service and
38	38	subject to all obligations thereof. Any benefit received under the
39	39	provisions of the Kansas public employees retirement system act of 2009
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35
75	75	36 SB 202 2
76	76	shall be not less than the benefit that the teacher was entitled to under the
77	77	Kansas public employees retirement system act of 2015 at the time of the
78	78	transfer. Participating employers under K.S.A. 74-4931, and amendments
79	79	thereto, shall be subject to all obligations under the Kansas public
80	80	employees retirement system act of 2009 for the teachers being transferred
81	81	under this section.
82	82	(d) On and after January 1, 2026, employer contributions and interest
83	83	as provided by K.S.A. 74-49,308, and amendments thereto, shall be used
84	84	by the system to offset the cost of the transfer of teacher members to the
85	85	Kansas public employees retirement system act of 2009. Members shall
86	86	have no right or obligation to such employer contributions and interest.
87	87	(e) On and after January 1, 2026, the board of trustees shall execute
88	88	such transfer and take all necessary steps to ensure that such transfer of
89	89	persons and assets authorized by this section does not affect the system's
90	90	applicable qualification requirements for governmental plans under the
91	91	federal internal revenue code.
92	92	(f) As used in this section, "teacher" means any professional
93	93	employee who is required to hold a certificate to teach in any school
94	94	district and any teacher or instructor in any technical college or community
95	95	college.
96	96	(g) This section shall be a part of and supplemental to the Kansas
97	97	public employees retirement system act of 2009, K.S.A. 74-49,201 et seq.,
98	98	and amendments thereto.
99	99	Sec. 2. K.S.A. 74-49,301 is hereby amended to read as follows: 74-
100	100	49,301. (a) The provisions of K.S.A. 74-49,301 through 74-49,318, and
101	101	amendments thereto, shall be known and may be cited as the Kansas
102	102	public employees retirement system act of 2015.
103	103	(b) Any employee who is first employed by a participating employer
104	104	on or after January 1, 2015, shall be a member of the system under the
105	105	provisions of this act on the first day of employment of such employee
106	106	with such participating employer.
107	107	(c) (1) Any non-vested employee other than an elected official of a
108	108	participating employer who has been employed in a covered position as
109	109	defined in K.S.A. 74-49,202, and amendments thereto, other than with a
110	110	school employer, shall remain a member of the Kansas public employees
111	111	retirement system as provided pursuant to K.S.A. 74-4901 et seq., and
112	112	amendments thereto, on and after July 1, 2009, if the member: (A) Does
113	113	not leave covered employment with a participating employer for a period
114	114	of time exceeding 30 consecutive days; (B) does not withdraw such
115	115	member's annuity savings account as defined by K.S.A. 74-49,302, and
116	116	amendments thereto, forfeiting such member's membership in the interim;
117	117	and (C) returns to covered employment with a participating employer in a
118	118	covered position within such 30-day time period.
119	119	1
120	120	2
121	121	3
122	122	4
123	123	5
124	124	6
125	125	7
126	126	8
127	127	9
128	128	10
129	129	11
130	130	12
131	131	13
132	132	14
133	133	15
134	134	16
135	135	17
136	136	18
137	137	19
138	138	20
139	139	21
140	140	22
141	141	23
142	142	24
143	143	25
144	144	26
145	145	27
146	146	28
147	147	29
148	148	30
149	149	31
150	150	32
151	151	33
152	152	34
153	153	35
154	154	36
155	155	37
156	156	38
157	157	39
158	158	40
159	159	41
160	160	42
161	161	43 SB 202 3
162	162	(2) Any non-vested employee other than an elected official of a
163	163	participating employer who has been employed in a covered position with
164	164	a participating school employer, shall remain a member of the Kansas
165	165	public employees retirement system as provided pursuant to K.S.A. 74-
166	166	4901 et seq., and amendments thereto, if the member: (A) Was employed
167	167	in a covered position with a participating school employer for the duration
168	168	of the school year and immediately returns to covered employment with
169	169	another participating school employer at the beginning of the following
170	170	school year; and (B) does not withdraw such member's annuity savings
171	171	account as defined by K.S.A. 74-49,302, and amendments thereto,
172	172	forfeiting such member's membership in the interim.
173	173	(d) This act does not apply to:
174	174	(1) Members of the Kansas police and firemen's retirement system,
175	175	K.S.A. 74-4951 et seq., and amendments thereto,;
176	176	(2) the retirement system for judges, K.S.A. 20-2601 et seq., and
177	177	amendments thereto, and;
178	178	(3) security officers as provided in K.S.A. 74-4914a, and
179	179	amendments thereto; and
180	180	(4) teachers as defined in section 1, and amendments thereto, who
181	181	are:
182	182	(A) First employed by a participating school employer on or after
183	183	July 1, 2025; or
184	184	(B) transferred to the group of members governed by the provisions
185	185	of the Kansas public employees retirement system act of 2009, K.S.A. 74-
186	186	49,201 et seq., and amendments thereto, on January 1, 2026, pursuant to
187	187	section 1, and amendments thereto.
188	188	(e) A system member may not simultaneously be a member of the
189	189	pre-2015 plan and the plan established pursuant to this act. A period of
190	190	service may not be credited in more than one retirement plan within the
191	191	system.
192	192	(f) The board of trustees of the Kansas public employees retirement
193	193	system shall administer the provisions of this act in the same manner as the
194	194	board administers the provisions of K.S.A. 74-4901 et seq., and
195	195	amendments thereto, except as specifically provided in this act.
196	196	(g) Unless specifically provided in this act, the provisions of K.S.A.
197	197	74-4901 et seq., and amendments thereto, shall be applicable to this act. In
198	198	an event that a conflict exists between the provisions of this act and the
199	199	provisions of K.S.A. 74-4901 et seq., and amendments thereto, the
200	200	provisions of this act shall control, and to that end, no legal or contractual
201	201	rights shall inure to the benefit of members or participating employers
202	202	under this act with regard to the provisions of K.S.A. 74-4901 et seq., and
203	203	amendments thereto, when the provisions of this act control.
204	204	(h) Each participating employer as provided in this act and each
205	205	1
206	206	2
207	207	3
208	208	4
209	209	5
210	210	6
211	211	7
212	212	8
213	213	9
214	214	10
215	215	11
216	216	12
217	217	13
218	218	14
219	219	15
220	220	16
221	221	17
222	222	18
223	223	19
224	224	20
225	225	21
226	226	22
227	227	23
228	228	24
229	229	25
230	230	26
231	231	27
232	232	28
233	233	29
234	234	30
235	235	31
236	236	32
237	237	33
238	238	34
239	239	35
240	240	36
241	241	37
242	242	38
243	243	39
244	244	40
245	245	41
246	246	42
247	247	43 SB 202 4
248	248	employee as defined by this act shall be subject to the provisions of this
249	249	act as specified in this act and subject to the provisions of K.S.A. 74-4901
250	250	et seq., and amendments thereto, as appropriate as to terms, conditions and
251	251	requirements not specifically covered in this act. The provisions of this act
252	252	shall not apply to members of the Kansas public employees retirement
253	253	system as provided in K.S.A. 74-4901 et seq., and 74-49,201 et seq., and
254	254	amendments thereto, first employed by a participating employer prior to
255	255	January 1, 2015, unless otherwise provided in this act.
256	256	(i) The provisions of this act shall be a part of and supplemental to
257	257	the provisions of K.S.A. 74-4901 et seq., and amendments thereto, subject
258	258	to the limitations contained in this act.
259	259	Sec. 3. K.S.A. 74-49,301 is hereby repealed.
260	260	Sec. 4. This act shall take effect and be in force from and after its
261	261	publication in the statute book.
262	262	1
263	263	2
264	264	3
265	265	4
266	266	5
267	267	6
268	268	7
269	269	8
270	270	9
271	271	10
272	272	11
273	273	12
274	274	13
275	275	14