Printable Format74-4901. Purpose of act. The purpose of this act is to provide an orderly means whereby employees of the participating employers who have attained retirement age as herein set forth may be retired from active service without prejudice and without inflicting a hardship upon the employees retired and to enable such employees to accumulate reserves for themselves and their dependents to provide for old age, death and termination of employment, and for the purpose of effecting economy and efficiency in the administration of governmental affairs.
History: L. 1961, ch. 427, ยง 1; April 22.
Law Review and Bar Journal References:
"Retroactive Application of the Involuntary Assignment of Benefits Provision in the New Workers' Compensation Act," Robert R. Lee, J.K.T.L.A. Vol. XVII, No. 6, 22, 24 (1994).
"Post-Retirement Employment Restrictions On Public Employees in Kansas," Lea E. Selleck, 5 Kan. J.L. & Pub. Pol'y, No. 3, 199, 208, 216 (1996).
Attorney General's Opinions:
KPERS; investment of funds in banking institutions; banking institution defined. 87-84.
KPERS; employment after retirement; compensation limit; exemptions; constitutionality. 91-13.
KPERS; election by elected officials to continue membership after service terminates; constitutionality. 91-14.
Election to continue participation in retirement system by certain judges; constitutionality; payments from KPERS fund; procedures; overpayments. 91-76.
KPERS annuity or benefit may be subject to a division of property decree for division of property following a dissolution of marriage. 92-141.
1994 Senate Bill 623, which removes exemption from state income tax on KPERS benefits is unconstitutional; impairment of contract. 94-59.
Retirant combining service under more than one system to achieve eligibility; retirement under each system required; vested rights of member. 96-29.
CASE ANNOTATIONS
1. Purposes of act and workmen's compensation act similar; decisions construing one are material in construing the other. Shapiro v. Kansas Public Employees Retirement System, 211 K. 452, 455, 457, 507 P.2d 281.
2. Funds due and owing to member may be reached to satisfy child support payments due under divorce decree. Mahone v. Mahone, 213 K. 346, 351, 517 P.2d 131.
3. Cited in construing 74-4916 (2); no accidental death benefit recovery where preexisting coronary disease aggravated by confrontation. Jolly v. Kansas Public Employees Retirement System, 214 K. 200, 202, 519 P.2d 1391.
4. Mentioned in dissenting opinion discussing the constitutionality of setoff provisions of workmen's compensation act. Baker v. List and Clark Construction Co., 222 K. 127, 137, 563 P.2d 431.
5. System cited; increasing employee contributions without benefit increase impairs vested contract rights in pension plan. Singer v. City of Topeka, 227 K. 356, 358, 607 P.2d 467.
6. System cited; deleting provisions interlocking social security and KP&F systems increased employee contributions retroactively; vested rights impaired. Brazelton v. Kansas Public Employees Retirement System, 227 K. 443, 444, 607 P.2d 510.
7. Contract for payment of compensation plus KPERS benefits as "fringe benefits" valid under 74-4919. Donner v. Kansas Dept. of Human Resources, 236 K. 371, 376, 377, 691 P.2d 21 (1984).
8. Whether KPERS is an arm of the state for purposes of sovereign immunity examined. American Intern. Sp. Lines Ins. v. Reimer and Assoc., 874 F.Supp. 324, 326 (1994).
9. KPERS entitled to sovereign immunity as alter ego of state; case remanded to state court. Kansas Public Employees Retirement Sys. v. Boatmen's First Nat'l. Bank of Kan. City, 982 F.Supp. 806, 808 (1997).