Session of 2025
SENATE BILL No. 202
By Senators Shane, Joseph Claeys, Clifford, Corson, Pettey and Sykes
2-5
AN ACT concerning education; relating to teachers; defining teachers for
purposes of the Kansas public employees retirement system;
transferring teachers from the Kansas public employees retirement
system act of 2015 to the Kansas public employees retirement system
act of 2009; amending K.S.A. 74-49,301 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) In light of the legislature's continuous review of
the Kansas public employees retirement system, including the audit report
by the Kansas legislative division of post audit published in February
2024, titled, "Reviewing the KPERS 3 Retirement Plan," the legislature
intends to continue such review in order to make changes as necessary to
the Kansas public employees retirement system to ensure such system
serves the purposes provided in K.S.A. 74-4901, and amendments thereto.
Such changes may include transferring additional employee groups from
the Kansas public employees retirement system act of 2015 to the Kansas
public employees retirement system act of 2009.
(b) Any teacher who is first employed by a participating employer
under K.S.A. 74-4931, and amendments thereto, on or after July 1, 2025,
shall be a member of the system under the provisions of the Kansas public
employees retirement system act of 2009, K.S.A. 74-49,201 et seq., and
amendments thereto.
(c) On January 1, 2026, all active and inactive teacher members
enrolled in the Kansas public employees retirement system act of 2015
shall have such membership transferred to the group of members governed
by the provisions of the Kansas public employees retirement system act of
2009, K.S.A. 74-49,201 et seq., and amendments thereto. All member and
employer contributions and service credit prior to January 1, 2026, shall be
transferred and thereafter be treated as and governed by the provisions of
the Kansas public employees retirement system act of 2009, subject to the
provisions of this section. Upon transfer to the provisions of the Kansas
public employees retirement system act of 2009, teachers shall be entitled
to all rights and benefits of such act for all prior and future service and
subject to all obligations thereof. Any benefit received under the
provisions of the Kansas public employees retirement system act of 2009
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shall be not less than the benefit that the teacher was entitled to under the
Kansas public employees retirement system act of 2015 at the time of the
transfer. Participating employers under K.S.A. 74-4931, and amendments
thereto, shall be subject to all obligations under the Kansas public
employees retirement system act of 2009 for the teachers being transferred
under this section.
(d) On and after January 1, 2026, employer contributions and interest
as provided by K.S.A. 74-49,308, and amendments thereto, shall be used
by the system to offset the cost of the transfer of teacher members to the
Kansas public employees retirement system act of 2009. Members shall
have no right or obligation to such employer contributions and interest.
(e) On and after January 1, 2026, the board of trustees shall execute
such transfer and take all necessary steps to ensure that such transfer of
persons and assets authorized by this section does not affect the system's
applicable qualification requirements for governmental plans under the
federal internal revenue code.
(f) As used in this section, "teacher" means any professional
employee who is required to hold a certificate to teach in any school
district and any teacher or instructor in any technical college or community
college.
(g) This section shall be a part of and supplemental to the Kansas
public employees retirement system act of 2009, K.S.A. 74-49,201 et seq.,
and amendments thereto.
Sec. 2. K.S.A. 74-49,301 is hereby amended to read as follows: 74-
49,301. (a) The provisions of K.S.A. 74-49,301 through 74-49,318, and
amendments thereto, shall be known and may be cited as the Kansas
public employees retirement system act of 2015.
(b) Any employee who is first employed by a participating employer
on or after January 1, 2015, shall be a member of the system under the
provisions of this act on the first day of employment of such employee
with such participating employer.
(c) (1) Any non-vested employee other than an elected official of a
participating employer who has been employed in a covered position as
defined in K.S.A. 74-49,202, and amendments thereto, other than with a
school employer, shall remain a member of the Kansas public employees
retirement system as provided pursuant to K.S.A. 74-4901 et seq., and
amendments thereto, on and after July 1, 2009, if the member: (A) Does
not leave covered employment with a participating employer for a period
of time exceeding 30 consecutive days; (B) does not withdraw such
member's annuity savings account as defined by K.S.A. 74-49,302, and
amendments thereto, forfeiting such member's membership in the interim;
and (C) returns to covered employment with a participating employer in a
covered position within such 30-day time period.
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(2) Any non-vested employee other than an elected official of a
participating employer who has been employed in a covered position with
a participating school employer, shall remain a member of the Kansas
public employees retirement system as provided pursuant to K.S.A. 74-
4901 et seq., and amendments thereto, if the member: (A) Was employed
in a covered position with a participating school employer for the duration
of the school year and immediately returns to covered employment with
another participating school employer at the beginning of the following
school year; and (B) does not withdraw such member's annuity savings
account as defined by K.S.A. 74-49,302, and amendments thereto,
forfeiting such member's membership in the interim.
(d) This act does not apply to:
(1) Members of the Kansas police and firemen's retirement system,
K.S.A. 74-4951 et seq., and amendments thereto,;
(2) the retirement system for judges, K.S.A. 20-2601 et seq., and
amendments thereto, and;
(3) security officers as provided in K.S.A. 74-4914a, and
amendments thereto; and
(4) teachers as defined in section 1, and amendments thereto, who
are:
(A) First employed by a participating school employer on or after
July 1, 2025; or
(B) transferred to the group of members governed by the provisions
of the Kansas public employees retirement system act of 2009, K.S.A. 74-
49,201 et seq., and amendments thereto, on January 1, 2026, pursuant to
section 1, and amendments thereto.
(e) A system member may not simultaneously be a member of the
pre-2015 plan and the plan established pursuant to this act. A period of
service may not be credited in more than one retirement plan within the
system.
(f) The board of trustees of the Kansas public employees retirement
system shall administer the provisions of this act in the same manner as the
board administers the provisions of K.S.A. 74-4901 et seq., and
amendments thereto, except as specifically provided in this act.
(g) Unless specifically provided in this act, the provisions of K.S.A.
74-4901 et seq., and amendments thereto, shall be applicable to this act. In
an event that a conflict exists between the provisions of this act and the
provisions of K.S.A. 74-4901 et seq., and amendments thereto, the
provisions of this act shall control, and to that end, no legal or contractual
rights shall inure to the benefit of members or participating employers
under this act with regard to the provisions of K.S.A. 74-4901 et seq., and
amendments thereto, when the provisions of this act control.
(h) Each participating employer as provided in this act and each
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employee as defined by this act shall be subject to the provisions of this
act as specified in this act and subject to the provisions of K.S.A. 74-4901
et seq., and amendments thereto, as appropriate as to terms, conditions and
requirements not specifically covered in this act. The provisions of this act
shall not apply to members of the Kansas public employees retirement
system as provided in K.S.A. 74-4901 et seq., and 74-49,201 et seq., and
amendments thereto, first employed by a participating employer prior to
January 1, 2015, unless otherwise provided in this act.
(i) The provisions of this act shall be a part of and supplemental to
the provisions of K.S.A. 74-4901 et seq., and amendments thereto, subject
to the limitations contained in this act.
Sec. 3. K.S.A. 74-49,301 is 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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