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Session of 2026
SENATE BILL No. 359
By Committee on Judiciary
1-21
AN ACT concerning retirement and pensions; relating to the retirement
system for judges; increasing the mandatory retirement age for certain
judges; requiring more years of service prior to receiving a member
contribution reduction; increasing the maximum retirement benefit;
amending K.S.A. 20-2603, 20-2608 and 20-2610 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 20-2603 is hereby amended to read as follows: 20-
2603. (a) Except as otherwise provided in this section, each judge shall
contribute 6% of the judge's salary for each payroll period to the fund.
Commencing with the first payroll period after 20 30 years of service by
the judge and after the judge reaches 65 years of age, and for each payroll
period thereafter, such judge shall contribute 2% of such judge's salary to
the fund. Commencing with the first payroll period after the judge has
enough years of service to entitle such judge upon retirement to the
maximum monthly retirement benefit of 70% 80% of the final average
salary of such judge provided under the provisions of K.S.A. 20-2610, and
amendments thereto, and for each payroll period thereafter, each judge
shall contribute 4% of such judge's salary to the fund or, commencing on
and after the effective date of this act July 1, 1995 , each such judge shall
contribute 2% of such judge's salary to the fund.
(b) The director of accounts and reports shall deduct the amount each
judge is to contribute to the fund on the payroll of each judge for each
payroll period showing the amount deducted and its credit to the fund.
Such deductions shall be remitted quarterly, or as the board may otherwise
provide, to the executive director of the Kansas public employees
retirement system for credit to the fund to the credit of the judge's
individual account therein.
(c) Interest on each judge's accumulated contributions at the rate
determined under subsection (a) of K.S.A. 74-4922 (a), and amendments
thereto, shall be added annually to the judge's individual account in the
fund.
(d) No member who has retired under the retirement system for
judges shall make contributions to that system or receive any service credit
under that system for any service after the date of such retirement.
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(e) (1) Subject to the provisions of K.S.A. 74-49,123, and
amendments thereto, each participating employer, pursuant to the
provisions of section 414(h)(2) of the federal internal revenue code, shall
pick up and pay the contributions which would otherwise be payable by
members as prescribed in subsection (a). The contributions so picked up
shall be treated as employer contributions for purposes of determining the
amounts of federal income taxes to withhold from the member's
compensation.
(2) Member contributions picked up by the employer shall be paid
from the same source of funds used for the payment of compensation to a
member. A deduction shall be made from each member's compensation
equal to the amount of the member's contributions picked up by the
employer, provided that such deduction shall not reduce the member's
compensation for purposes of computing benefits under the retirement
system for judges.
(3) Member contributions picked up by the employer shall be
remitted quarterly, or as the board may otherwise provide, to the executive
director for credit to the Kansas public employees retirement fund. Such
contributions shall be credited to a separate account within the member's
individual account so that amounts contributed by the member may be
distinguished from the member contributions picked up by the employer.
Interest shall be added annually to members' individual accounts.
Sec. 2. K.S.A. 20-2608 is hereby amended to read as follows: 20-
2608. (a) Any judge may retire upon reaching age 65 or age 62 with the
completion of 10 years of credited service or the first day of the month
coinciding with or following the date that the total of the number of years
of credited service and the number of years of attained age of the judge is
equal to or more than 85 and upon making application for retirement to the
board. Any judge whose term of office is four years, upon reaching age 75
78 shall retire, except that when any judge attains the age of 75, such judge
may, if such judge desires, finish serving the term during which such judge
attains the age of 75 . Any judge whose term of office is more than four
years, upon reaching age 75 shall retire, except that when any judge
attains the age of 75, such judge may, if such judge desires, finish serving
the term during which such judge attains the age of 75. Upon retiring, each
such judge as described in this subsection shall receive retirement
annuities as provided in K.S.A. 20-2610, and amendments thereto.
(b) Notwithstanding the provisions of subsection (a), any judge who
is otherwise eligible to retire may retire upon reaching age 60 and, having
total years of service of not less than 10 years, and upon making
application to the board. Any such judge who retires on and after July 1,
1993, and prior to attaining the age of 62 shall receive a retirement annuity
pursuant to K.S.A. 20-2610, and amendments thereto, based upon the
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SB 359 3
normal retirement age of 62 reduced by an amount equal to the product of
(1) such annual retirement annuity payable had the judge retired on the
normal retirement date, multiplied by (2) the product of .2% multiplied by
the number of months' difference, to the nearest whole month, between the
judge's attained age at the time of retirement and age 62.
(c) Notwithstanding the provisions of subsection (a), on or after July
1, 1993, any judge who is otherwise eligible to retire may retire upon
reaching age 55 with the completion of 10 years of service, and upon
making application to the board. Any such judge who retires prior to
attaining the age of 62 pursuant to this subsection shall receive a
retirement annuity pursuant to K.S.A. 20-2610, and amendments thereto,
based upon the normal retirement age of 62 reduced by an amount equal to
the total of:
(1) (A) The product of such annual retirement annuity payable had
the judge 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
(2) for any judge who retired on or after July 1, 1993, the product of
such annual retirement annuity payable had the judge retired on the normal
retirement date, multiplied by 4.8%.
The provisions of this subsection apply to any judge who retires before
the age of 62 and has attained age 55 but has not attained age 60, with the
completion of 10 years of service.
Sec. 3. 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% 80% of the final average salary of
such judge, determined as provided in subsection (b). A judge who retires
under 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% 80% of the final average
salary of the judge, determined as provided in subsection (b).
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(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.
(b) 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 judge had
retired at the time such service was terminated.
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
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SB 359 5
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. 4. K.S.A. 20-2603, 20-2608 and 20-2610 are hereby repealed.
Sec. 5. This act shall take effect and be in force from and after its
publication in the statute book.
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