Kansas Statutes 74-4940. Compensation of members in school employment; times of payment
Terms Used In Kansas Statutes 74-4940
- compensation: means the same as such term is defined in Kan. See Kansas Statutes 74-49,202
- Contract: A legal written agreement that becomes binding when signed.
- employee: means the same as such term is defined in Kan. See Kansas Statutes 74-49,202
- executive director: means the managing officer of the system as defined in subsection (16) of Kan. See Kansas Statutes 74-4932
- final average salary: means the average highest annual salary, as defined in Kan. See Kansas Statutes 74-49,202
- member: means any member of the Kansas police and firemen's retirement system who is eligible to participate in the DROP and who elects to participate in the DROP as provided in this act;
(7) "monthly DROP accrual" means the amount equal to the monthly retirement benefit that would have been payable to the member had the member terminated service and retired on the day the member elected; and
(8) "system" means the Kansas police and firemen's retirement system. See Kansas Statutes 74-4986l
- Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
- Retirement system: means the Kansas public employees retirement system, the Kansas police and firemen's retirement system, the state school retirement system, the Kansas highway patrol pension fund, the Kansas bureau of investigation pension fund, the Kansas retirement fund for judges, or the Kansas retirement fund for official court reporters. See Kansas Statutes 74-49,109
- school employment: means the employment of a member when employed by an eligible employer as specified in any of subsection (1), (2) or (3) of Kan. See Kansas Statutes 74-4932
- school year: means the twelve-month period beginning September 1 and ending August 31;
(4) "employee" means any employee of a participating employer which is an eligible employer, as specified in Kan. See Kansas Statutes 74-4932
- system: means the Kansas public employees retirement system. See Kansas Statutes 74-49,302
(a) Subject to the provisions of subsection (b), all members in school employment who are subject to the continuing contract law shall be paid their contractual compensation in not less than 12 substantially equal installments, paid once, or more often, each month.
(b) Upon written authorization from any member in school employment who is subject to the continuing contract law, an employer shall pay the balance of such member’s contractual compensation for the school year in one payment upon completion of all contractual obligations of the member. The authorization shall be filed with the employer not later than April 1 of the school year in and for which the balance payment is first authorized. A written authorization under this subsection shall remain in effect until revoked in writing by the member filing the authorization. So long as the authorization of such member remains in effect, the balance of the member’s contractual compensation shall be paid each school year in accordance with the provisions of this subsection. Such payment shall be made no later than June 30 of the school year. For the purposes of the Kansas public employees retirement system, the employer shall make the appropriate employee contribution deduction from the payment and shall report and remit the amount so deducted to the executive director at the time monthly deductions and quarterly reports would normally be made under Kan. Stat. Ann. § 74-4919, and amendments thereto, if the authorization for one payment was not in effect.
(c) Notwithstanding the provisions of subsections (a) and (b), each member in school employment who is subject to the continuing contract law, who has completed the balance of such member’s contractual obligations and retires prior to the end of a school year under Kan. Stat. Ann. § 74-4937, and amendments thereto, shall be paid the balance of the member’s contractual compensation in one payment during the calendar month immediately preceding the date of retirement. For the purposes of the Kansas public employees retirement system, the employer shall make the appropriate employee contribution deduction from the payment and shall report and remit the amount so deducted to the executive director at the time monthly deductions and reports are made under Kan. Stat. Ann. § 74-4919, and amendments thereto, for the period in which the payment is made except that such report and remittance shall not include any amount which would have been reported normally in the next ensuing period under subsection (b). No employee contribution deduction shall be made from such amount and such amount shall not be included as compensation in determining the member’s final average salary.
(d) An employer of members in school employment who are not subject to the continuing contract law may adopt a policy providing that any or all such members shall be paid their contractual compensation each school year in not less than 12 substantially equal installments, paid once, or more often, each month commencing in the first month of any such member’s school employment. A copy of any such policy shall be provided to each such member in school employment.
(e) As used in this section, the term “school employment” means the employment of a member when employed by an eligible employer as specified in any of subsections (1), (2) or (3) of Kan. Stat. Ann. § 74-4931, and amendments thereto.