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Session of 2025
HOUSE BILL No. 2130
By Committee on Financial Institutions and Pensions
Requested by Representative Melton
1-28
AN ACT concerning retirement and pensions; relating to the Kansas public
employees retirement system and systems thereunder; authorizing
retirement and disability benefits to be paid on either a biweekly or
monthly basis at the election of a member or recipient; amending
K.S.A. 20-2609, 20-2610, 74-4915 and 74-4962 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 20-2609 is hereby amended to read as follows: 20-
2609. (a) (1) Any judge who has become permanently physically or
mentally disabled and who is not entitled to retire under K.S.A. 20-2608,
and amendments thereto, may, upon being found so disabled by the
supreme court, retire under this section, and upon such retirement such
judge shall be entitled to receive an annuity, each monthly payment of
which shall be in an amount equal to 3.5% of the final average salary of
the judge, determined as provided in subsection (b) of K.S.A. 20-2610(b),
and amendments thereto, multiplied by the number of total years of
service, but for any judge who becomes disabled as provided in this
section on or after July 1, 1998, such monthly benefits shall be at least
50% but shall not exceed 70% of the final average salary of the judge,
determined as provided in subsection (b) of K.S.A. 20-2610(b), and
amendments thereto.
(2) On and after July 1, 2026, a judge who currently receives a
monthly benefit under the provisions of this section on such date or who
first receives a benefit under the provisions of this section on or after July
1, 2026, shall have the option to elect to receive such benefit either
biweekly or monthly after receiving such judge's first month's benefit
payment. Such election for a biweekly or monthly benefit payment shall be
effective not later than 60 days from the date of election. Judges who make
no election shall continue to receive benefits on a monthly basis. The
election of benefit payment changes shall be made on a form and in a
manner as prescribed by the board.
(b) Any judge, or the conservator of any judge, desiring to retire
under the provisions of this section shall file an application for such
retirement with the clerk of the supreme court, which application shall be
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in such form and contain such information as the supreme court shall
require. The court may require such judge to be examined by a physician
appointed by the court and may require such other evidence and proof of
disability as it deems necessary to reach a determination as to whether
such judge is so permanently disabled. If the supreme court shall
determine that any such judge is so permanently disabled it shall promptly
notify the board and thereupon such judge shall be placed on retirement by
the board and monthly receive the retirement annuity as provided in this
section.
(c) Any judge receiving an annuity under the provisions of this
section shall be considered an active judge for the purposes of K.S.A. 20-
2608, and amendments thereto, and shall, upon reaching age 65 or upon
making application for retirement, have such judge's retirement under this
section terminated and such judge shall be placed on retirement under the
provisions of K.S.A. 20-2608, and amendments thereto.
(d) In the event that a judge eligible for a disability annuity
authorized by this section shall be disabled for a period of five years or
more immediately preceding retirement, such judge's final average salary
shall be adjusted upon retirement by the actuarial salary assumption rates
in existence during such period of disability. Effective July 1, 1993, such
judge's final average salary shall be adjusted upon retirement by 5% for
each year of disability after July 1, 1993, but before July 1, 1998. Effective
July 1, 1998, such judge's final average salary shall be adjusted upon
retirement by an amount equal to the lesser of: (1) The percentage increase
in the consumer price index for all urban consumers as published by the
bureau of labor statistics of the United States department of labor minus
1%; or (2) four percent per annum, measured from the month the disability
occurs to the month that is two months prior to the month of retirement,
for each year of disability after July 1, 1998.
(e) The provisions of law in effect on the retirement date of a judge
under the retirement system for judges shall govern the retirement benefit
payable to the judge, any joint annuitant and any beneficiary.
Sec. 2. K.S.A. 20-2610 is hereby amended to read as follows: 20-
2610. (a) (1) A judge who retires under K.S.A. 20-2608, and amendments
thereto, shall be entitled to receive an annual annuity payable in monthly
amounts subject to subsection (b), each such annual annuity of which shall
be in an amount equal to the total of 5% of the final average salary of the
judge, determined as provided in subsection (b), multiplied by the number
of the judge's years of service up to 10 years, and 3.5% of the final average
salary of the judge, determined as provided in subsection (b), multiplied by
the number of the judge's years of service in excess of 10 years, but such
annual annuity shall not exceed 70% of the final average salary of such
judge, determined as provided in subsection (b). A judge who retires under
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K.S.A. 20-2608, and amendments thereto, and who became a member of
the system after June 30, 1987, shall be entitled to receive an annual
annuity payable in monthly amounts subject to subsection (b), each such
annual amount of which shall be in an amount equal to the total of 3.5% of
the final average salary of the judge, determined as provided in subsection
(b), multiplied by the number of the judge's years of service, but such
annual annuity shall not exceed 70% of the final average salary of the
judge, determined as provided in subsection (b).
(2) For purposes of this subsection, the date of membership for a
district magistrate judge who became a member of the system as provided
by K.S.A. 20-2620, and amendments thereto, and who purchased service
as provided in subsection (c) of K.S.A. 20-2620(c) and K.S.A. 74-49,123,
and amendments thereto, shall be the day such district magistrate judge
became a district magistrate judge and if such district magistrate judge's
membership date as determined in this subsection is earlier than July 1,
1987, such district magistrate judge shall be entitled to the 5% of final
average salary calculation for up to 10 years of service as provided in this
subsection. Any additional cost associated with the provisions of this
subsection shall be paid by such district magistrate judge by means of a
single lump-sum payment or equal annual payments for not to exceed five
years. The lump-sum or annual payments shall be determined by the
system's actuary by using the member's final average salary at the time of
application, actuarial assumptions and tables currently in use by the system
and the member's attained age.
(3) On and after July 1, 2026, a judge who currently receives a
monthly benefit or who retires on or after July 1, 2026, shall have the
option to elect to receive retirement benefits either biweekly or monthly
after receiving such judge's first month's benefit payment. Such election
for a biweekly or monthly benefit payment shall be effective not later than
60 days from the date of election. Judges who make no election shall
continue to receive benefits on a monthly basis. The election of benefit
payment changes shall be made on a form and in a manner as prescribed
by the board.
(b) (1) For any judge who retires under K.S.A. 20-2608 or 20-2609,
and amendments thereto, on or after July 1, 1975, the annuity shall be
based on the final average salary of such judge as provided in this
subsection. The final average salary of a judge who becomes permanently
physically or mentally disabled and who is retired under K.S.A. 20-2608
or 20-2609, and amendments thereto, shall be determined as if such judge
had retired on the date such judge became permanently physically or
mentally disabled. The final average salary of a former judge whose
service is terminated without retiring and who later retires under K.S.A.
20-2608, and amendments thereto, shall be determined as if such former
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HB 2130 4
judge had retired at the time such service was terminated.
(2) In the case of judges who retire on or after July 1, 1993, the final
average salary shall mean the average highest annual salary paid to the
judge for any three years of the last 10 years of service as a judge
immediately preceding retirement or termination of employment, or if
service as a judge is less than three years, then the final average salary
shall be the average annual salary paid to the judge during the full period
of service as a judge, or if service as a judge is less than one year, then the
final average salary shall be computed by multiplying the amount of
monthly salary such judge was receiving at the time of retirement by 12.
(c) The provisions of law in effect on the retirement date of a judge
under the retirement system for judges shall govern the retirement benefit
payable to the judge, any joint annuitant and any beneficiary.
(d) A judge who retires under K.S.A. 20-2608, and amendments
thereto, and who, after such retirement, again is appointed or elected as a
judge, shall have the judge's retirement annuity suspended as provided in
this subsection. Such judge shall become an active member and make
employee contributions to the system and receive service credit for any
service after the date of commencement of service in such position. Upon
again retiring, any credited service such member subsequently accrues
shall be added to all previous service and the retirement annuity shall be
recalculated in accordance with the provisions of this section.
Sec. 3. K.S.A. 74-4915 is hereby amended to read as follows: 74-
4915. (1) Any member who retires on or after such member's normal
retirement date shall be entitled to receive an annual retirement benefit
equal to the sum obtained by adding an amount for participating service
and an amount for prior service determined as provided in this section. The
amount for prior service shall be equal to 1% of the member's prior service
annual salary multiplied by the number of years of prior service entitled to
credit as provided in K.S.A. 74-4913, and amendments thereto, except that
for members retiring on or after July 1, 1981, who were last employed by a
participating employer which had affiliated with the system under K.S.A.
74-4910, 74-4912, 74-4929 or 74-4991, and amendments thereto, and for
the period commencing January 1, 1986, for members retiring before July
1, 1981, who were last employed by a participating employer which had
affiliated with the system under K.S.A. 74-4910, 74-4912, 74-4929 or 74-
4991, and amendments thereto, except that any increase in benefits under
this section shall be reduced by any postretirement benefit adjustments
received by such member prior to July 2, 1985, the amount for prior
service shall be calculated using final average salary in lieu of prior
service annual salary and, in the case of any such member who became a
member under subsection (3) of K.S.A. 74-4925(3), and amendments
thereto, and for whom a final average salary cannot be otherwise
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determined, such member's final average salary shall be based on all
service for which such member received assistance in a plan under
subsection (2) of K.S.A. 74-4925(2), and amendments thereto, as certified
by such employer upon request of the board. For any member who retires
on or after July 1, 1993, the amount for participating service shall be equal
to the total of 1.75% of the member's final average salary multiplied by the
number of years of participating service earned prior to January 1, 2014,
and, subject to any election made pursuant to the provisions of K.S.A. 74-
49,135, and amendments thereto, 1.4% or 1.85% of the member's final
average salary multiplied by the number of years of participating service
earned on and after January 1, 2014. If the federal internal revenue service
fails to grant an approval or issues an adverse decision as described in
K.S.A. 74-49,135, and amendments thereto, the amount for participating
service earned on and after January 1, 2014, shall be 1.85% of the
member's final average salary multiplied by the number of years of
participating service earned on and after January 1, 2014. Notwithstanding
any provision of law to the contrary, service that is purchased under the
provisions of K.S.A. 74-4919a et seq., and amendments thereto, shall be
credited at a rate which equals 1.4% of the member's final average salary
for members that elect the 1.4% multiplier pursuant to subsection (b)(2) of
K.S.A. 74-49,135(b)(2), and amendments thereto, and 1.75% of the
member's final average salary for members that elect the 1.85% multiplier
pursuant to subsection (b)(1) of K.S.A. 74-49,135 (b)(1), and amendments
thereto.
(2) (A) Any member who retires on or after July 1, 1993, but before
the normal retirement date and has attained age 60 but has not attained age
62 with the completion of 10 years of credited service, shall receive an
annual retirement benefit equal to the annual retirement benefit payable
had the member retired on the normal retirement date but based upon the
member's final average salary and years of participating and prior service
credited to the date of actual retirement reduced by an amount equal to the
product of (i) such annual retirement benefit payable had the member
retired on the normal retirement date, multiplied by (ii) the product of .2%
multiplied by the number of months' difference, to the nearest whole
month, between the member's attained age at the time of retirement and
age 62.
(B) Any member who retires on or after July 1, 1993, but before the
normal retirement date and has attained age 55 but has not attained age 60
with the completion of 10 years of credited service, shall receive an annual
retirement benefit equal to the annual retirement benefit payable had the
member retired on the normal retirement date but based upon the member's
final average salary and years of participating and prior service credited to
the date of actual retirement reduced by an amount equal to the total of: (i)
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(a) The product of such annual retirement benefit payable had the member
retired on the normal retirement date, multiplied by (b) the product of .6%
multiplied by the number of months' difference, to the nearest whole
month, between the member's attained age at the time of retirement and
age 60; and
(ii) on and after July 1, 1993, the product of such annual retirement
benefit payable had the member retired on the normal retirement date,
multiplied by 4.8%.
(3) Upon death of a retirant, there shall be paid to such retirant's
beneficiary an amount equal to the excess, if any, of such retirant's
accumulated contributions over the sum of all retirement benefit payments
made.
(4) Such annual retirement benefits shall be paid in equal monthly
installments, except that the board may provide for the payment of
retirement benefits which total less than $240 a year on other than a
monthly basis. On and after July 1, 2026, a retirant who currently receives
a monthly benefit or who retires on or after July 1, 2026, shall have the
option to elect to receive retirement benefits either biweekly or monthly
after receiving such retirant's first month's benefit payment. Such election
for a biweekly or monthly benefit payment shall be effective not later than
60 days from the date of election. Retirants who make no election shall
continue to receive benefits on a monthly basis. The election of benefit
payment changes shall be made on a form and in a manner as prescribed
by the board. Any reference in this act to a monthly benefit payment shall
also include the biweekly equivalent of such monthly benefit.
(5) In the event that an application in such form as may be prescribed
by the board for any amount due under the provisions of this act, is not
filed with the office of the retirement system by the person entitled to same
within five years of the date such amount became due and payable, an
amount equal to same shall be transferred to the retirement benefit
accumulation reserve and such amount shall no longer be due and payable,
except that if any such person shall present evidence satisfactory to the
board that such person's failure to file such application within that time
period was due to lack of knowledge or incapacity on such person's part,
the amount equal to the amount originally due shall be transferred from the
retirement benefit accumulation reserve to the reserve or reserves from
which such transfer was initially made and the amount originally due shall
be paid to such person.
(6) The participating employer, when an employee files an
application for retirement, shall certify to the system all member
contributions of such employee which have not been reported previously.
In the event the amount certified results in an overpayment of retirement
benefits, the employer shall be held responsible for the contribution
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HB 2130 7
amount previously certified from the time of commencement of the
overpayment of retirement benefits until the time that such overpayment is
discovered by the system. At the time that such overpayment of retirement
benefits is discovered by the system, the system shall adjust the amount of
retirement benefits paid to the employee to the correct amount based on
the participating employer's certification of member contributions which
had not been previously reported. The participating employer of the
employee who has had such member's retirement benefits adjusted as
provided in this subsection shall notify such employee of such
overpayment and such adjustment of retirement benefits. If the
contributions previously certified are lower than the actual amount
reported, the employer shall be responsible for remitting the correct
amount and the member's monthly benefit shall be recalculated based on
the amount reported by the employer. When an employee in school
employment files such an application, the participating employer
responsible for any such amounts as provided in this subsection shall be
the employee's eligible employer as specified in subsection (1), (2) or (3)
of K.S.A. 74-4931(1), (2) or (3), and amendments thereto, and shall not be
the state of Kansas. The provisions of law in effect on the retirement date
of a member under the system shall govern the retirement benefit payable
to the retirant, any joint annuitant and any beneficiary.
Sec. 4. K.S.A. 74-4962 is hereby amended to read as follows: 74-
4962. (1) All benefits except lump-sum benefits as provided in this
subsection shall be payable in equal monthly installments, except that the
board may provide for payment of benefits to a member's family in a
single payment rather than separate payments to the member, to the widow
or to minor children. On and after July 1, 2026, a member who currently
receives a monthly benefit or who retires on or after July 1, 2026, shall
have the option to elect to receive retirement benefits either biweekly or
monthly after receiving such member's first month's benefit payment. Such
election for a biweekly or monthly benefit payment shall be effective not
later than 60 days from the date of election. Members who make no
election shall continue to receive benefits on a monthly basis. The election
of benefit payment changes shall be made on a form and in a manner as
prescribed by the board. Any reference in this act to a monthly benefit
payment shall also include the biweekly equivalent of such monthly
benefit.
(2) Whenever the amount of any benefit is to be determined on the
basis of actuarial assumptions, the assumptions shall be specified by the
board in a way that precludes employer discretion.
Sec. 5. K.S.A. 20-2609, 20-2610, 74-4915 and 74-4962 are hereby
repealed.
Sec. 6. This act shall take effect and be in force from and after its
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publication in the statute book.1