Kansas Statutes

Chapter 72: Schools

Article 17: Supplemental Retirement Systems

Statutes:

• 72-1701:
• 72-1702:
• 72-1702a:
• 72-1703:
• 72-1704:
• 72-1705:
• 72-1706:
• 72-1707:
• 72-1708:
• 72-1709:
• 72-1710:
• 72-1711:
• 72-1712:
• 72-1713:
• 72-1714:
• 72-1715:
• 72-1716:
• 72-1717:
• 72-1718:
• 72-1719:
• 72-1720:
• 72-1720a:
• 72-1721:
• 72-1722:
• 72-1723:
• 72-1724:
• 72-1725:
• 72-1725a:
• 72-1725b:
• 72-1725c:
• 72-1725d:
• 72-1725e, 72-1725f:
• 72-1725g:
• 72-1726: Teacher's retirement fund; assessments; tax levy, use of proceeds; gifts.
• 72-1727: Same; disbursement and investment of fund.
• 72-1728: Same; retirement conditions.
• 72-1729: Same; disability or incapacity; reinstatement.
• 72-1730: Same; refunds; transfers to another city operating under this act; payment to heirs, when.
• 72-1731: Same; teacher defined.
• 72-1732: Same; fund kept separate; disbursement.
• 72-1733: Same; exemption of salary and waiver of benefits; time for requesting.
• 72-1734: Same; rules and regulations.
• 72-1735:
• 72-1736:
• 72-1737:
• 72-1737a to 72-1737c:
• 72-1738:
• 72-1739, 72-1740:
• 72-1741 to 72-1743:
• 72-1743a, 72-1743b:
• 72-1744:
• 72-1745:
• 72-1746:
• 72-1747, 72-1748:
• 72-1749 to 72-1751:
• 72-1752 to 72-1754:
• 72-1755, 72-1756:
• 72-1756a to 72-1756c:
• 72-1757:
• 72-1758: Employees' retirement fund in certain cities between 120,000 and 200,000; definitions.
• 72-1759: Employees' retirement fund, unified school district No. 500; assessments; member contributions picked up by board of education; tax levy, use of proceeds; gifts.
• 72-1759a: Phase out of reduction of annuity payments when employee eligible for payments under social security.
• 72-1760: Employees' retirement fund; certain cities between 120,000 and 200,000; disbursement and investment of fund.
• 72-1761: Same; retirement and payment of employees; conditions; rules and regulations.
• 72-1761a: Annuity payment options.
• 72-1762: Same; disability annuities; medical examinations.
• 72-1763: Same; application of act.
• 72-1764: Same; refunds; deferred annuities; limitation on claims.
• 72-1764a: Same; credit for service in armed forces; payment of contributions.
• 72-1765: Same; fund kept separate; disbursement.
• 72-1766: Same; employees unable to qualify exempt from assessment; authority of board of education.
• 72-1767: Same; limitations on employment.
• 72-1768: Same; payments exempt from execution.
• 72-1768a: Same; annuities exempt from income tax.
• 72-1769: Same; rules and regulations.
• 72-1769a: Actuary; duties.
• 72-1770 to 72-1779:
• 72-1780: Retirement fund, certain cities; assessments; tax levy, use of proceeds; gifts.
• 72-1781: Same; school board employees in cities between 80,000 and 120,000; disbursement and investment of fund.
• 72-1782: Same; retirement and payment of employees; conditions.
• 72-1783: Same; retirement and payment on account of disability, when; reinstatement.
• 72-1784: Same; refund to employee; voluntary retirement; payment to heirs, when.
• 72-1785: Same; fund kept separate; disbursement.
• 72-1786: Same; employee defined.
• 72-1787: Same; rules and regulations.
• 72-1788: Retirement fund for teachers and employees, certain cities; assessments; tax levy, use of proceeds; gifts.
• 72-1789: Same; disbursement and investment of fund.
• 72-1790: Same; retirement and payment; conditions.
• 72-1791: Same; retirement and payment on account of disability, when; reinstatement.
• 72-1792: Same; refunds, when; accepting service in another city operating under this act; voluntary retirement; payment to heirs, when.
• 72-1793: Same; teacher and other public school employee defined.
• 72-1794: Same; fund kept separate; disbursement.
• 72-1795: Same; exemption of salary and waiver of benefits; time for requesting.
• 72-1796: Same; rules and regulations.
• 72-1797:
• 72-1798: Same; retirement funds under 72-1726 to 72-1734 and 72-1780 to 72-1787.
• 72-1799: Retirement fund for teachers and employees, certain cities; assessments; tax levy, use of proceeds; gifts.
• 72-17,100: Same; disbursement and investment of fund.
• 72-17,101: Same; retirement and payment; conditions.
• 72-17,102: Same; retirement and payment on account of disability, when; limitation; medical examination; reinstatement.
• 72-17,103: Same; refunds, when; accepting service in another city operating under this act; voluntary retirement; payment to heirs, when.
• 72-17,104: Same; teacher and other public school employee defined.
• 72-17,105: Same; fund kept separate; disbursement.
• 72-17,106: Same; exemption of salary and waiver of benefits; time for requesting.
• 72-17,107: Same; rules and regulations.
• 72-17,108: Supplemental retirement system in cities over 225,000; limitations; investment of salary tax moneys.
• 72-17,109: Retirement systems under 72-1788 to 72-1796; definitions.
• 72-17,110: Same; abolishment and membership in state school retirement system; procedure and rights.
• 72-17,111: Same; supplemental retirement system for members of state system; limitations.
• 72-17,112: Same; supplemental retirement fund; credits, custody and investment.
• 72-17,113: Same; supplemental retirement system; tax levy, use of proceeds.
• 72-17,114: Same; annuities and obligations to retired members; tax levy, use of proceeds.
• 72-17,115: Same; members accounts in supplemental retirement fund; payments.
• 72-17,116: Same; rules and regulations.
• 72-17,117: Certain retirement systems under ch. 72, art. 17; "board of education" defined.
• 72-17,118: Same; continuation as supplemental systems and membership in state retirement system; procedure and rights.
• 72-17,119: Same; continuation of retirement system as supplemental system; limitations; increase of retirement benefits, when.
• 72-17,120: Same; residues; tax levy, use of proceeds; interest from investments.
• 72-17,121: Same; investment of fund.
• 72-17,122: Same; retirement benefits exempt from income tax.
• 72-17,123: Same; issuance of no-fund warrants, when; payment.
• 72-17,124: Same; refunds authorized in certain cases.
• 72-17,125: Same; investment of fund with balance greater than $50,000; prudent investor rule; certain investments authorized for funds with balance less than $50,000.
• 72-17,126: Same; policies for investment of fund; formulation and review.
• 72-17,127: Same; contracts with financial advisors authorized; payment for services; fidelity bond.
• 72-17,128: Same; reliance on legal opinions.
• 72-17,129: Same; custody of fund; payment for services of banks, trust companies.
• 72-17,130: Same; reports; monthly records.
• 72-17,131: Same; annual examination of investment program.

• 72-1701:

        History:   R.S. 1923, 72-1701; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1702:

        History:   L. 1899, ch. 252, § 1; L. 1907, ch. 330, § 1; R.S. 1923, 72-1702; L. 1930, ch. 13, § 1; Repealed, L. 1933, ch. 309, § 27; April 3.

• 72-1702a:

        History:   L. 1949, ch. 370, § 4; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1703:

        History:   L. 1891, ch. 196, § 3; R.S. 1923, 72-1703; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1704:

        History:   L. 1891, ch. 196, § 4; L. 1909, ch. 62, § 3; L. 1917, ch. 268, § 1; L. 1919, ch. 262, § 1; L. 1920, ch. 55, § 1; L. 1921, ch. 237, § 1; R.S. 1923, 72-1704; L. 1937, ch. 297, § 1; L. 1945, ch. 289, § 1; L. 1949, ch. 365, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1705:

        History:   L. 1921, ch. 237, § 3; R.S. 1923, 72-1705; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1706:

        History:   L. 1921, ch. 79, § 1; R.S. 1923, 72-1706; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1707:

        History:   R.S. 1923, 72-1707; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1708:

        History:   L. 1921, ch. 79, § 3; R.S. 1923, 72-1708; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1709:

        History:   L. 1876, ch. 122, art. 10, § 6; R.S. 1923, 72-1709; L. 1927, ch. 264, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1710:

        History:   L. 1876, ch. 122, art. 10, § 7; R.S. 1923, 72-1710; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1711:

        History:   L. 1876, ch. 122, art. 10, § 9; L. 1917, ch. 269, § 1; R.S. 1923, 72-1711; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1712:

        History:   L. 1876, ch. 122, art. 10, § 10; L. 1885, ch. 178, § 1; L. 1911, ch. 97, § 1; R.S. 1923, 72-1712; L. 1941, ch. 322, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1713:

        History:   L. 1876, ch. 122, art. 10, § 11; R.S. 1923, 72-1713; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1714:

        History:   L. 1876, ch. 122, art. 10, § 13; R.S. 1923, 72-1714; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1715:

        History:   L. 1876, ch. 122, art. 10, § 15; R.S. 1923, 72-1715; L. 1927, ch. 265, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1716:

        History:   L. 1876, ch. 122, art. 10, § 16; R.S. 1923, 72-1716; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1717:

        History:   L. 1876, ch. 122, art. 10, § 17; R.S. 1923, 72-1717; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1718:

        History:   L. 1876, ch. 122, art. 10, § 18; R.S. 1923, 72-1718; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1719:

        History:   L. 1876, ch. 122, art. 10, § 19; R.S. 1923, 72-1719; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1720:

        History:   L. 1876, ch. 122, art. 10, § 20; R.S. 1923, 72-1720; L. 1927, ch. 266, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1720a:

        History:   L. 1927, ch. 266, § 2; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1721:

        History:   L. 1876, ch. 122, art. 10, § 21; R.S. 1923, 72-1721; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1722:

        History:   L. 1876, ch. 122, art. 10, § 22; R.S. 1923, 72-1722; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1723:

        History:   L. 1876, ch. 122, art. 10, § 23; R.S. 1923, 72-1723; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1724:

        History:   G.S. 1868, ch. 18, § 75; L. 1879, ch. 81, § 1; L. 1905, ch. 414, § 1; R.S. 1923, 72-1724; Repealed, L. 1957, ch. 389, § 1; June 29.

• 72-1725:

        History:   L. 1908, ch. 31, § 1; L. 1911, ch. 93, § 1; L. 1921, ch. 231, § 1; R.S. 1923, 72-1725; L. 1925, ch. 228, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1725a:

        History:   L. 1939, ch. 265, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1725b:

        History:   L. 1953, ch. 336, § 1; L. 1957, ch. 390, § 1; L. 1959, ch. 282, § 1; L. 1961, ch. 326, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1725c:

        History:   L. 1953, ch. 336, § 2; L. 1957, ch. 390, § 2; L. 1959, ch. 282, § 2; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1725d:

        History:   L. 1953, ch. 336, § 3; L. 1957, ch. 390, § 3; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1725e, 72-1725f:

        History:   L. 1953, ch. 336, §§ 4, 5; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1725g:

        History:   L. 1959, ch. 283, § 1; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1726: Teacher's retirement fund; assessments; tax levy, use of proceeds; gifts. In any city of the first class in the state of Kansas there may be created by the board of education of such city a public school teachers' retirement fund, which fund when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner:

        First. By an assessment of not less than one percent nor more than six percent of every installment of salary paid to a teacher employed in such city.

        Second. By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for, such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy in any one year exceed one mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.

        Third. By the receipt, by the gift or otherwise, of any real, personal, or mixed property, or any interest therein.

        History:   L. 1911, ch. 280, § 1; R.S. 1923, 72-1726; L. 1935, ch. 257, § 1; L. 1979, ch. 52, § 169; July 1.

• 72-1727: Same; disbursement and investment of fund. Such a retirement fund when thus created and maintained or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustees of such fund as provided in K.S.A. 72-17,125.

        History:   L. 1911, ch. 280, § 2; R.S. 1923, 72-1727; L. 1935, ch. 257, § 2; L. 1973, ch. 282, § 1; July 1.

• 72-1728: Same; retirement conditions. Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience may be retired by such board of education. Any teacher so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund so long as such teacher may live, equal monthly payments which shall aggregate five hundred dollars per annum: Provided, however, That no one shall receive such pension without paying into the fund therefor, by way of assessment or otherwise not less than the amount of the first annual pension to which such person shall be entitled. And in order to make up such an amount the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.

        History:   L. 1911, ch. 280, § 3; R.S. 1923, 72-1728; L. 1935, ch. 257, § 3; May 15.

• 72-1729: Same; disability or incapacity; reinstatement. Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of said cities, shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of five hundred dollars as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any teacher so retired may, at the discretion of the board of education, should such teacher's incapacity or disability be removed, be reinstated as a teacher, and any right to any payments from this fund until such teacher again be retired shall cease with such reinstatement. And shall any teacher be so reinstated, the years of such retirement shall be included in arriving at the term of service when such teacher may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such teacher shall be entitled to receive from the retirement fund.

        History:   L. 1911, ch. 280, § 4; R.S. 1923, 72-1729; L. 1935, ch. 257, § 4; May 15.

• 72-1730: Same; refunds; transfers to another city operating under this act; payment to heirs, when. If at any time a teacher who is willing to continue is not re-employed or is discharged before the time when he or she would, under the provisions of this act, be entitled to a pension, then such teacher shall be paid back at once the money he or she may have contributed under this act. Should a teacher duly accredited in a city of the first class accept service in the public schools of any other city of the first class, operating under this law, a sum equivalent to all payments made by such teacher into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher who shall retire voluntarily from the service, shall receive a refund of one-half of the money he or she shall have contributed under this act. And should any teacher die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such teacher's heirs or estate one-half of the amount, without interest, which shall have been paid into such pension fund by said teacher.

        History:   L. 1911, ch. 280, § 5; R.S. 1923, 72-1730; L. 1935, ch. 257, § 5; May 15.

• 72-1731: Same; teacher defined. In construing this act, the word teacher shall include all members of the teaching staff employed by the board of education of such city, which shall include superintendents, supervisors and assistants to the superintendent of instruction, principals, and teachers.

        History:   L. 1911, ch. 280, § 6; May 22; R.S. 1923, 72-1731.

• 72-1732: Same; fund kept separate; disbursement. It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund, and to disburse the same in accordance with the instructions and orders of the board of education of such city.

        History:   L. 1911, ch. 280, § 7; R.S. 1923, 72-1732; L. 1935, ch. 257, § 6; May 15.

• 72-1733: Same; exemption of salary and waiver of benefits; time for requesting. After said retirement fund shall be created by said board of education of such city, the salary of any teacher regularly employed by such city shall be exempt from the provisions of this act, provided such teacher shall make a request in writing for such exemption and file the same with the board of education of such city within one month after the effective date of this act or within one month after such teacher shall enter upon such regular employment as a teacher, and such request, when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided for.

        History:   L. 1911, ch. 280, § 8; R.S. 1923, 72-1733; L. 1935, ch. 257, § 7; May 15.

• 72-1734: Same; rules and regulations. The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict therewith.

        History:   L. 1911, ch. 280, § 9; May 22; R.S. 1923, 72-1734.

• 72-1735:

        History:   L. 1915, ch. 309, § 1; L. 1917, ch. 274, § 1; R.S. 1923, 72-1735; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1736:

        History:   L. 1915, ch. 309, § 2; L. 1917, ch. 274, § 2; R.S. 1923, 72-1736; Repealed, L. 1933, ch. 309, § 27; April 3.

• 72-1737:

        History:   R.S. 1923, 72-1737; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1737a to 72-1737c:

        History:   L. 1931, ch. 272, §§ 1 to 3; Repealed, L. 1933, ch. 256, § 1; L. 1933, ch. 257, § 1; June 5.

• 72-1738:

        History:   R.S. 1923, 72-1738; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1739, 72-1740:

        History:   R.S. 1923, 72-1739, 72-1740; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1741 to 72-1743:

        History:   L. 1927, ch. 279, §§ 1 to 3; Repealed, L. 1947, ch. 363, § 1; June 30.

• 72-1743a, 72-1743b:

        History:   L. 1931, ch. 270, §§ 1, 2; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1744:

        History:   L. 1929, ch. 241, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1745:

        History:   L. 1937, ch. 314, § 1; L. 1939, ch. 254, § 1; Repealed, L. 1947, ch. 363, § 1; June 30.

• 72-1746:

        History:   L. 1937, ch. 314, § 2; Repealed, L. 1947, ch. 363, § 1; June 30.

• 72-1747, 72-1748:

        History:   L. 1937, ch. 309, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1749 to 72-1751:

        History:   L. 1937, ch. 310, §§ 1 to 3; Repealed, L. 1969, ch. 312, § 6; May 10.

• 72-1752 to 72-1754:

        History:   L. 1938, ch. 64, §§ 1 to 3; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1755, 72-1756:

        History:   L. 1939, ch. 261, §§ 1, 2; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1756a to 72-1756c:

        History:   L. 1943, ch. 256, §§ 1 to 3; Repealed, L. 1949, ch. 366, § 1; June 30.

• 72-1757:

        History:   L. 1939, ch. 262, § 1; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1758: Employees' retirement fund in certain cities between 120,000 and 200,000; definitions. Unless a different meaning is plainly required by the context the following words and phrases, as used in this act, shall have the following meanings:

        (a)   "School employee" shall mean any person regularly employed, and paid out of public funds, to perform services for the school district, and shall include all teachers, principals, superintendents, supervisors, librarians, clerks, secretaries, school nurses, attendance officers, managers, engineers, building superintendents, maintenance and repairmen, custodians, and all other persons regularly employed by the board of education.

        (b)   "Regularly employed" shall mean employed for the major part of the working days, as distinguished from being employed as a substitute or for part-time work or less than a major part of the time.

        (c)   "A school service year" shall mean a twelve-month period during which a school employee has received at least one-half of his normal annual salary.

        (d)   "School annuitant" shall mean any person who is entitled to receive a school annuity or a disability annuity.

        (e)   "School annuity" shall mean the annual payment due to any school annuitant. Such annual payment shall continue for life, and be paid in equal monthly installments.

        (f)   "Disability annuity" shall mean a school annuity granted to a school employee who suffers such physical or mental disability as to be unable to perform school service.

        (g)   "Salary" shall mean the amount actually paid to the school employee for personal services plus the amount, if any, paid by the board of education toward an annuity for the school employee.

        History:   L. 1939, ch. 264, § 1; L. 1963, ch. 360, § 1; June 30.

• 72-1759: Employees' retirement fund, unified school district No. 500; assessments; member contributions picked up by board of education; tax levy, use of proceeds; gifts. There shall be a public school employees' retirement fund in unified school district No. 500, Wyandotte county, which fund, and the management and disbursement thereof, shall be under the control of the board of education of such school district. Such retirement fund shall be maintained in the following manner:

        First. (a) By an assessment of 6% of every installment of salary paid to a participating school employee of such school district and deposited in such fund. (b) The board of education, pursuant to the provisions of section 414(h)(2) of the United States internal revenue code, shall pick up and pay the contributions which would otherwise be payable by participating school employees as prescribed in subpart (a) commencing with the third quarter of 1987. The contributions so picked up shall be treated as employer contributions for purposes of determining the amounts of federal income taxes to withhold from a participating school employee's compensation. (c) Participating school employee contributions picked up by the board of education shall be paid from the same source of funds used for the payment of compensation to a participating school employee. A deduction shall be made from each participating school employee's compensation equal to the amount of the participating school employee's contributions picked up by the board of education, provided that such deduction shall not reduce the participating school employee's compensation for purposes of computing benefits under the retirement plan. (d) Participating school employee contributions picked up by the board of education shall be credited to a separate account within the school employee's individual account so that amounts contributed by the school employee commencing with the third quarter of 1987 may be distinguished from the school employee contributions picked up by the board of education.

        Second. By the setting aside by the board of education of such school district and depositing the same in such fund an amount which shall be determined as follows: (a) The liability of such school district shall be funded commencing on September 1, 1974, by payments by such school district into such fund of the amounts specified in subparts (b) and (c). (b) In the year commencing September 1, 1974, and ending August 31, 1975, the sum of $500,000. (c) Prior to July 1, 1975, such board of education shall choose to make the remaining funding payments either by level annual payments over a 29-year period or by a constant percentage of payroll using the aggregate cost funding method. The actuary for such retirement plan shall determine the amount of each annual payment or the required constant percentage of payroll under this subpart (c) in accordance with actuarial principles applicable to the payment method so chosen. Such amounts, and the amounts under subpart (b) and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district shall be raised by a special tax levy on the taxable tangible property of such school district, and paid into such fund as tax proceeds are received, and none of the debt, budget or tax limitations provided by law shall apply to such levy or the proceeds thereof.

        Third. By the receipt, by gift or otherwise of any real, personal, or mixed property, or any interest therein.

        History:   L. 1939, ch. 264, § 2; L. 1955, ch. 317, § 1; L. 1957, ch. 391, § 1; L. 1974, ch. 293, § 1; L. 1979, ch. 52, § 170; L. 1987, ch. 299, § 7; July 1.

• 72-1759a: Phase out of reduction of annuity payments when employee eligible for payments under social security. (a) Except as otherwise provided in subsection (b), if school employees subject to this act become subject also to the provisions of the federal social security act, and amendments thereto, monthly payments of annuity as otherwise provided herein to employees retiring subsequent to the first salary or wage deduction for social security tax shall be reduced by the monthly primary insurance amount of social security benefits, without limitation by reason of excess wage or salary income, to which the annuitant is eligible at the time of retirement or on attaining the minimum age required for payments under social security, whichever is the later. The amount of such reduction shall not be greater than 1/2 the monthly annuity payments as provided herein and shall not be greater than $75. The annuitant shall certify to the board of education such information as will determine the social security benefits to which the annuitant is eligible. Notwithstanding that any other provision of this section may be inconsistent herewith, the amount of such monthly annuity payments shall be not less than the amount which, when added to the amount of monthly payments of service annuity, if any, made to the annuitant from the state school retirement fund, will equal the amount of service annuity that would have been payable under the provisions of K.S.A. 72-5518 and amendments thereto if the annuitant had been a member of the state school retirement system and had been credited only with the school service years as otherwise provided herein. If the service record of any annuitant results in the eligibility of the board of education for payments from the state school retirement fund, the monthly annuity payments to such annuitant as otherwise provided herein shall be not less than the amount of such state payments.

        (b)   Monthly payments of annuity as provided in K.S.A. 72-1758 et seq. and amendments thereto occurring after the effective date of this act shall be reduced by the monthly primary insurance amount of social security benefits as described in subsection (a) in an amount that shall not be greater than 1/2 the monthly annuity payment as provided in K.S.A. 72-1758 et seq. and amendments thereto and shall not be greater than $65 during the period commencing July 1, 1990, and ending June 30, 1991; $55 during the period commencing July 1, 1991, and ending June 30, 1992; $45 during the period commencing July 1, 1992, and ending June 30, 1993; $35 during the period commencing July 1, 1993, and ending June 30, 1994; $25 during the period commencing July 1, 1994 and ending June 30, 1995; and $15 during the period commencing July 1, 1995, and ending June 30, 1996. Commencing July 1, 1996, there shall be no reduction in monthly payments of annuity as a result of the school employee receiving any primary insurance social security benefits.

        History:   L. 1955, ch. 317, § 2; L. 1963, ch. 361, § 1; L. 1967, ch. 384, § 1; L. 1968, ch. 280, § 2; L. 1981, ch. 281, § 1; L. 1990, ch. 282, § 28; July 1.

• 72-1760: Employees' retirement fund; certain cities between 120,000 and 200,000; disbursement and investment of fund. Such a retirement fund when thus created and maintained or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustees of such fund as provided in K.S.A. 72-17,125.

        History:   L. 1939, ch. 264, § 3; L. 1973, ch. 282, § 2; July 1.

• 72-1761: Same; retirement and payment of employees; conditions; rules and regulations. Any school employee who has been credited under the rules and regulations of such board of education with an aggregate of 30 years of school service to such board of education and has attained the age of 60 may be retired by such board of education, or at the request of the employee shall be retired by such board of education. No credit shall be given any school employee for additional years of school service in excess of 30 years. Any school employee so retired under the foregoing provisions of this section shall be entitled to receive a school annuity from such retirement fund so long as such school employee may live, in equal monthly installments which shall aggregate annually 1/2 of the average annual salary for any five years in which the highest compensation was received during the last 10 years of school service to the board of education.

        Any school employee, who has been credited under the rules and regulations of such board of education with an aggregate of less than 30 but not less than 20 years of school service to the board of education and has attained the age of 60, may be retired by such board of education, or at the request of the employee shall be retired by such board of education. Any school employee, so retired with less than 30 years but not less than 20 years, shall be entitled to receive a school annuity from such retirement fund so long as such school employee may live, in equal monthly installments, the annual aggregate of which shall be such percentage of 1/2 of the average annual salary for any five years in which the highest compensation was received during the last 10 years of service to the board of education as the number of years of such accredited school service of the annuitant shall bear to the term of 30 years. All school annuities shall be paid in equal monthly installments beginning on the first day of the month following such retirement. Prior school service shall be credited to the school employee's service record up to and including, but not in excess of 20 years before September 1, 1939, except that should any school employee on September 1, 1939, be unable to obtain an aggregate of 20 years of school service before attaining age 70, then such school employee with 15 or more years of school service may be retired and then shall be entitled to receive a school annuity from such retirement fund so long as such school employee may live, in equal monthly installments, the annual aggregate of which shall be such percentage of 1/2 of the average annual salary for the last 10 years of school service to the board of education as the number of years of such accredited school service of the annuitant shall bear to the term of 30 years. School annuitants retired by the board of education prior to the time this amendment takes effect shall receive school annuities as provided in the statutes in effect at the time of their retirement.

        History:   L. 1939, ch. 264, § 4; L. 1943, ch. 252, § 1; L. 1949, ch. 367, § 1; L. 1967, ch. 384, § 2; L. 1984, ch. 289, § 4; July 1.

• 72-1761a: Annuity payment options. Any school employee may elect to have his school annuity paid under one of the options provided in this section in lieu of having it paid as provided by K.S.A. 72-1761 and any amendments thereto. Such election must be made at least one (1) year before date of actual retirement unless the school employee submits evidence, satisfactory to the board, of his good health: Provided, That if option A is elected, and the spouse or a dependent of the member is named joint annuitant, such good health requirement will be waived. A specific person must be designated as joint annuitant at the time of election of option A or B.

        The amount of retirement benefit payable under an option shall be based on the age and sex of the school employee and, if applicable, the age and sex of the joint annuitant, and shall be such amount as to be the actuarial equivalent of the school annuity otherwise provided.

        The retirement options are:

        Option A. Joint and one-half to joint annuitant survivor. A reduced annuity is payable to the annuitant during his lifetime with one-half (1/2) of that amount continued to his joint annuitant during such joint annuitant's remaining lifetime, if any, after the death of the annuitant.

        Option B. Joint and survivor. A reduced annuity is payable to the annuitant during his lifetime with that amount continued to the joint annuitant during the joint annuitant's remaining lifetime, if any, after the death of annuitant.

        Option C. Life with ten years certain. A reduced annuity is payable to the annuitant during his lifetime and if he dies within the ten-year certain period, measured from the commencement of annuity payments, such payments will be continued to his beneficiary during the balance of the ten-year certain period.

        If a school employee, who is eligible to retire, dies without having actually retired, the school employee's spouse, if the spouse is beneficiary for the school employee's accumulated contributions, may elect to receive benefits as a joint annuitant under option A, calculated as if the school employee retired on date of death, in lieu of receiving the school employee's accumulated contributions.

        Annuities payable to a joint annuitant shall accrue from the first day of the month following the death of a school employee or annuitant and, in the case of option A and option B, shall end on the first day of the month in which the joint annuitant dies.

        History:   L. 1967, ch. 384, § 7; July 1.

• 72-1762: Same; disability annuities; medical examinations. Any school employee who has been credited under the rules and regulations of such board of education with an aggregate of fifteen (15) or more years of school service to said board may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any school employee so retired shall be entitled to receive a disability annuity from such retirement fund, during the period of retirement in equal monthly installments, beginning the month following such retirement. The annual aggregate shall be one-half (1/2) of the average annual salary for any five (5) years in which the highest compensation was received during the last ten (10) years of service to said board of education multiplied by a fraction of which the denominator is thirty (30) and the numerator is the number of years of school service credited to such employee, and multiplied further by a fraction of which the denominator is thirty (30) and numerator is thirty (30) minus one and one-half (1 1/2) times the number of years which the employee's age at retirement lacks of being sixty (60): Provided, That in no case shall the numerator of the first-mentioned fraction be more than thirty (30) and the numerator of the last-mentioned fraction be less than ten (10): Provided further, Prior school service shall be credited to the school employee's service record up to and including, but not in excess of twenty (20) years before September 1, 1939.

        The board is authorized to provide for medical examinations and to secure other evidence at the expense of the retirement fund for any school employee retired by such board of education on account of disability or incapacity, physical or otherwise. Such medical examinations shall be repeated at least once in every three (3) years, and may be ordered at any time until the annuitant attains age sixty (60). In case any person receiving a disability annuity shall recover, or if he shall refuse to be examined, then the disability annuity shall cease. In case any person receives a disability annuity and later recovers and returns to school service, the service records of that person shall include all school service, both before and after disability.

        History:   L. 1939, ch. 264, § 5; L. 1943, ch. 252, § 2; L. 1949, ch. 367, § 2; L. 1963, ch. 360, § 2; L. 1967, ch. 384, § 3; July 1.

• 72-1763: Same; application of act. The first monthly installments of school annuities and disability annuities and salary and wage deductions under this act shall begin in September of the year in which this act takes effect. This act shall apply only to the school employees of the board of education at the time this act takes effect and to those employed subsequently: Provided, This act [*] shall not apply to persons whose employment begins after January 1, 1964, and the effective date of a statute providing for payments to the board of education from the state school retirement fund.

        History:   L. 1939, ch. 264, § 6; L. 1963, ch. 361, § 2; June 30.

• 72-1764: Same; refunds; deferred annuities; limitation on claims. If at any time a school employee, who is willing to continue, is not re-employed or is discharged before the time when he would, under the provisions of this act, be entitled to a school annuity, then such school employee shall be paid back at once the money, without interest, he may have contributed under this act. Any school employee who shall resign voluntarily from the service, shall receive a refund of one-half (1/2) of the money, without interest, he shall have contributed under this act. If such employee accepts employment in school service elsewhere in the state of Kansas, contributions made by him and not refunded to him shall, at his request within one year after his resignation, be paid to the state school retirement system. In case any school employee shall later return to school service, he may, within the first year of re-employment return the amount refunded to him and paid to the state school retirement system without either interest or penalty, and regain his original status with the retirement fund.

        And should any school employee die before receiving benefits or school annuity by this act provided in an amount at least equal to the total amount of contributions by such employee under this act, the board of education shall pay to such school employee's heirs or estate the amount, without interest, which is the difference between the amount paid into such retirement fund by said school employee and the amount, if any, paid to the school employee as benefit: Provided, Any school employee may name one or more beneficiaries to receive such payment that may be due or become due in the event of his death: Provided, Any school employee who has not attained the age of sixty (60), who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five (25) or more years of school service to said board, and who voluntarily or involuntarily ceases to be an employee of the board of education, may elect, in lieu of accepting refund of his contributions as hereinbefore provided, to leave his accumulated contributions with the retirement fund and by so doing be entitled to receive a school annuity from such retirement fund beginning the first day of September following the date of his attaining the age of sixty (60) and his filing application for annuity with the board of education, and continuing so long as such school employee may live, in equal monthly installments which shall aggregate annually ninety percent (90%) of the annuity calculated on the basis of this school service as provided herein for an employee who has attained the age of sixty (60): Provided, Any school employee who shall resign voluntarily from the service, and whose resignation is effective subsequent to July 1, 1967, and the effective date of this act, shall be paid back at once the money, without interest, he may have contributed under this act: Provided, Properly executed claims for refund or deferred annuity shall be filed with the board of education by employees whose employment is terminated and by the beneficiaries, heirs, or estates of deceased employees within one (1) year from the date of termination of employment or decease of employee, and failure to file such claim within the stipulated period shall result in forfeiting of all rights to such refund or deferred annuity.

        History:   L. 1939, ch. 264, § 7; L. 1943, ch. 252, § 3; L. 1949, ch. 367, § 3; L. 1957, ch. 391, § 3; L. 1963, ch. 360, § 3; L. 1967, ch. 384, § 4; July 1.

• 72-1764a: Same; credit for service in armed forces; payment of contributions. Any school employee whose school service is interrupted at any time or has been interrupted subsequent to September 1, 1939, for involuntary service in the armed forces of the United States or, in time of war, for voluntary service in the armed forces of the United States, may, within one year after his return to the status of a school employee, or within one year after this act is in effect, upon application to the board of education, receive credit for the school service years otherwise lost by his service in the armed forces of the United States, by paying to the retirement fund the contributions he would have paid had he remained an employee of the board of education, the contributions to be computed on the basis of payments made during those years by employees in similar positions remaining in the service of the board of education. The board of education shall have the right to make provisions for receiving payment of such sums in installments within a period of not more than three years following date of application, by agreement with the employee.

        History:   L. 1949, ch. 367, § 4; June 30.

• 72-1765: Same; fund kept separate; disbursement. It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund, and to disburse the same in accordance with the instructions and order of the board of education of such city.

        History:   L. 1939, ch. 264, § 8; April 3.

• 72-1766: Same; employees unable to qualify exempt from assessment; authority of board of education. After said retirement fund shall be created by said board of education of such city, the salaries of all school employees shall be subject to assessments according to the provisions of this act: Provided, No assessments shall be made against the salary of any school employee employed by the board of education at the time this act takes effect who will be unable to qualify for a school annuity under the provisions of this act. The board of education shall be authorized and directed to furnish information and a copy of the annual audit of the retirement fund to authorized representatives of the school employees, and to make salary and wage deductions.

        History:   L. 1939, ch. 264, § 9; April 3.

• 72-1767: Same; limitations on employment. No person shall be employed or continue in the employment of the board of education for any school service to which this act applies, after August 31 of the year in which such person attains age 70. Nor shall any person continue as a school employee after receiving the first installment of a school annuity, or while receiving a disability annuity provided by this act, except that any school employee so retired may perform school service as a substitute employee. No assessments shall be made against the salary of, nor service credit granted, any person while thus employed.

        History:   L. 1939, ch. 264, § 10; L. 1967, ch. 483, § 5; L. 1987, ch. 299, § 8; July 1.

• 72-1768: Same; payments exempt from execution. Any payments made or to be made, as provided in this act, shall not be assignable or subject to sale or execution and shall not be subject to garnishment or attachment.

        History:   L. 1939, ch. 264, § 11; April 3.

• 72-1768a: Same; annuities exempt from income tax. No school annuities paid under this act [*] shall be subject to taxation under the Kansas income tax act.

        History:   L. 1957, ch. 391, § 2; April 13.

• 72-1769: Same; rules and regulations. The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act not in conflict therewith.

        History:   L. 1939, ch. 264, § 12; April 3.

• 72-1769a: Actuary; duties. The board of education shall select and employ or retain a qualified actuary who shall serve at its pleasure as its technical advisor on matters regarding the operation of the retirement fund. The actuary shall:

        (a)   At least once every three (3) years make a valuation of the liabilities and reserves of the retirement fund and a determination of the contributions required by the retirement fund, to discharge its liabilities, and recommend to the board of education rates of employee salary assessment.

        (b)   Recommend actuarial tables for use in calculating actuarial equivalent values.

        (c)   Perform such other duties as may be assigned by the board.

        History:   L. 1967, ch. 384, § 8; July 1.

• 72-1770 to 72-1779:

        History:   L. 1939, ch. 263, §§ 1 to 10; Repealed, L. 1947, ch. 363, § 1; June 30.

• 72-1780: Retirement fund, certain cities; assessments; tax levy, use of proceeds; gifts. In any city of the first class in the state of Kansas having a population of more than eighty thousand and less than one hundred twenty thousand, there may be created by the board of education of such city a retirement fund for board of education employees, which fund, when created, and the management and disbursement thereof, shall be under the control of the board of education of such city except that this act shall not apply to any teachers or other employees while they are members of and participating in a separate school retirement system or fund operated by said board of education. Such retirement fund shall be created and maintained in the following manner:

        First, By an assessment of not less than one percent nor more than six percent of every installment of salary paid to such board of education employee in such city.

        Second, By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy exceed one-quarter mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.

        Third, By the receipt, by gift or otherwise, of any real, personal, or mixed property, or any interest therein.

        History:   L. 1941, ch. 339, § 1; L. 1953, ch. 327, § 1; L. 1979, ch. 52, § 171; July 1.

• 72-1781: Same; school board employees in cities between 80,000 and 120,000; disbursement and investment of fund. Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. Any surplus of fund not needed for immediate disbursement shall be invested by the board of education of such school district, acting as trustees of such fund as provided in K.S.A. 72-17,125.

        History:   L. 1941, ch. 339, § 2; L. 1973, ch. 282, § 3; July 1.

• 72-1782: Same; retirement and payment of employees; conditions. Any such board of education employee who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five years of service may be retired by such board of education. Any such employee so retired under the foregoing provisions of this section shall be entitled to receive from such retirement fund, so long as such employee shall live, equal monthly payments which shall aggregate five hundred dollars per annum: Provided, however, That no one shall receive such pension without paying into the fund therefor, by way of assessment or otherwise, not less than the amount of the first annual pension to which such person shall be entitled. In order to make up such an amount, the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.

        History:   L. 1941, ch. 339, § 3; June 30.

• 72-1783: Same; retirement and payment on account of disability, when; reinstatement. Any such board of education employee who has been credited under the rules and regulations of such board of education with an aggregate of fifteen or more years of service may be retired by such board of education on account of age, disability or incapacity, physical or otherwise. Any such employee so retired shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of five hundred dollars as the number of years such service of the beneficiary shall bear to the term of twenty-five years. Any such employee so retired may, at the discretion of the board of education, should such employee's incapacity or disability be removed, be reinstated as an employee, and any right to any payments from this fund until such employee shall again be retired shall cease with such reinstatement. Should any employee be so reinstated, the years of such retirement shall be included in arriving at the term of service when such employee may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such employee shall be entitled to receive from the retirement fund.

        History:   L. 1941, ch. 339, § 4; June 30.

• 72-1784: Same; refund to employee; voluntary retirement; payment to heirs, when. If any time any such board of education employee who is willing to continue is not re-employed or is discharged before the time when he or she would, under the provisions of this act, be entitled to a pension, then such employee shall be paid back at once the money he or she may have contributed under this act. Any such employee who shall retire voluntarily from the service shall receive a refund of one-half of the money he or she shall have contributed under this act. Should any such employee die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such employee's heirs or estate the full amount, without interest, which shall have been paid into such pension fund by said employee.

        History:   L. 1941, ch. 339, § 5; June 30.

• 72-1785: Same; fund kept separate; disbursement. It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund for such employees, and to disburse the same in accordance with the instructions and orders of the board of education of such city.

        History:   L. 1941, ch. 339, § 6; June 30.

• 72-1786: Same; employee defined. The term "employee" as used in this act shall include all persons employed regularly in the conduct of the schools of said city, as determined by the rules and regulations of said board of education, but shall not include temporary employees, or any persons participating in any other pension plan, whether operated by said board of education or any other public body.

        History:   L. 1941, ch. 339, § 7; June 30.

• 72-1787: Same; rules and regulations. The board of education shall have power to adopt rules and regulations for the carrying out of the purposes of this act.

        History:   L. 1941, ch. 339, § 8; June 30.

• 72-1788: Retirement fund for teachers and employees, certain cities; assessments; tax levy, use of proceeds; gifts. In any city of the first class having a population of less than 120,000 in the state of Kansas there may be created by the board of education of such city a public school teachers' and other public school employees' retirement fund, which fund when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner:

        First. By an assessment of not less than one percent nor more than six percent of every installment of salary paid to a teacher or other public school employee employed in such city.

        Second. By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy in any one year exceed one mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.

        Third. By the receipt, by the gift, or otherwise, of any real, personal, or mixed property, or any interest therein.

        History:   L. 1941, ch. 340, § 1; L. 1943, ch. 253, § 1; L. 1953, ch. 327, § 2; L. 1979, ch. 52, § 172; July 1.

• 72-1789: Same; disbursement and investment of fund. Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of the fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustees of such fund as provided in K.S.A. 72-17,125.

        History:   L. 1941, ch. 340, § 2; L. 1973, ch. 282, § 4; July 1.

• 72-1790: Same; retirement and payment; conditions. Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience may be retired by the board of education. Any teacher so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience shall have been in the public schools of such cities of the first class, shall be entitled to receive from such retirement fund, so long as such teacher may live, equal monthly payments, which shall aggregate one-third of such teacher's average annual salary for the last ten years of such teaching, except that no such teacher so retired shall receive less than five hundred dollars per annum or more than nine hundred dollars per annum; any other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of experience under such regulations of such board of education, may be retired by such board of education. Any other public school employee so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited experience shall have been in the public schools of such cities of the first class, shall receive from such retirement fund, so long as he or she shall live, equal monthly payments which shall aggregate one-third of such public school employee's average annual salary for the last ten years of such service, except that no such public school employee shall receive less than three hundred sixty-five dollars per annum or more than nine hundred dollars per annum: Provided, however, That no teacher or other public school employee shall receive such pension without paying into the fund by way of assessments or otherwise, not less than the amount of the first annual pension to which such person shall be entitled and in order to make up such an amount, the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.

        History:   L. 1941, ch. 340, § 3; June 30.

• 72-1791: Same; retirement and payment on account of disability, when; reinstatement. Any teacher who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five or more years of teaching experience may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher so retired, provided that at least fifteen years of such accredited teaching experience shall have been in the public schools of said cities, shall be entitled to receive from such retirement fund during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of the computed annual annuity as the number of years of such accredited teaching experience of the beneficiary shall bear to the term of thirty years. Any other public school employee, who has been credited under the rules and regulations of such board of education, with an aggregate of twenty-five or more years of accredited experience, may be retired by such board of education on account of disability or incapacity, physical or otherwise.

        Any other public school employee so retired, provided that at least fifteen years of such accredited experience shall have been in the public schools of such cities shall be entitled to receive from such retirement fund, during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of the computed annuity as the number of years of such accredited experience of the beneficiary shall bear to the term of thirty years. Any teacher or other public school employee so retired may, at the discretion of the board of education, should such teacher's or other public school employee's incapacity or disability be removed, be reinstated as a teacher or other public school employee and any right to any payments from this fund until such teacher or other public school employee again be retired shall cease with such reinstatement. And should any teacher or other public school employee be so reinstated, the years of such retirement shall be included in arriving at the term of service when such teacher or other public school employee may again be retired, but no credit for such years of retirement shall be given in arriving at the amount such teacher or other public school employee shall be entitled to receive from the retirement fund.

        History:   L. 1941, ch. 340, § 4; June 30.

• 72-1792: Same; refunds, when; accepting service in another city operating under this act; voluntary retirement; payment to heirs, when. If at any time a teacher or other public school employee who is willing to continue, is not re-employed or is discharged before the time when he or she would, under the provisions of this act, be entitled to a pension, then such teacher or other public school employee shall be paid back at once the money, without interest, he or she may have contributed under this act. Should a teacher or other public school employee duly accredited in a city of the first class, accept service in the public schools of another city of the first class, operating under this law, a sum equivalent to all payments, without interest, made by such teacher or other public school employee into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher or other public school employee who shall retire voluntarily from the service shall receive a refund of one-half of the money, without interest, he or she shall have contributed under this act.

        And should any teacher or other public school employee die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such teacher's or other public school employee's heirs or estate the entire sum, without interest, which such teacher or other public school employee shall have paid into such pension fund; and further, if such teacher or other public school employee is retired as an annuitant at the time of his or her death, then if such an annuitant shall have died before he or she has received one year's annuity, the heirs or estate of such annuitant shall receive an amount from said fund equal to the difference between the amount such deceased teacher or other public school employee has received and the amount he or she would have received under this act had he or she lived for one year after retirement under this act.

        History:   L. 1941, ch. 340, § 5; June 30.

• 72-1793: Same; teacher and other public school employee defined. In construing this act, the word teacher shall include all members of the teaching staff regularly employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals and teachers. Other public school employees shall include engineers, janitors, nurses, doctors, clerks, secretaries, stenographers, and librarians, and all other employees regularly employed by the board of education of such city.

        History:   L. 1941, ch. 340, § 6; June 30.

• 72-1794: Same; fund kept separate; disbursement. It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund and to disburse the same in accordance with the instructions and orders of the board of education of such city.

        History:   L. 1941, ch. 340, § 7; June 30.

• 72-1795: Same; exemption of salary and waiver of benefits; time for requesting. After said retirement fund shall be created, by said board of education of such city, the salary of any teacher or other public school employee regularly employed by such city shall be exempt from the provisions of this act provided such teacher or other public school employee shall make a request in writing for such exemption and files the same with the board of education of such city within one month after the effective date of this act or within one month after such teacher or other public school employee shall enter upon such regular employment as a teacher or other public school employee, and such request, when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided for.

        History:   L. 1941, ch. 340, § 8; June 30.

• 72-1796: Same; rules and regulations. The board of education shall have power to adopt rules and regulations for the carrying out of the purpose of this act not in conflict therewith.

        History:   L. 1941, ch. 340, § 9; June 30.

• 72-1797:

        History:   L. 1941, ch. 340, § 10; Repealed, L. 1951, ch. 395, § 74; July 1.

• 72-1798: Same; retirement funds under 72-1726 to 72-1734 and 72-1780 to 72-1787. All retirement funds heretofore operating under K.S.A. 72-1726 to 72-1734, inclusive for cities of the first class, and all retirement funds heretofore operating under K.S.A. 72-1780 to 72-1787, inclusive for cities of the first class having a population of more than 60,000 and less than 90,000, shall hereafter be continued under and governed by the terms of this act.

        History:   L. 1941, ch. 340, § 11; L. 1943, ch. 253, § 2; Feb. 18.

• 72-1799: Retirement fund for teachers and employees, certain cities; assessments; tax levy, use of proceeds; gifts. In any city of the first class having a population of less than 120,000 in the state of Kansas there may be created by the board of education of such city a public school teachers' and other public school employees' retirement fund, which fund when created, and the management and disbursement thereof, shall be under the control of the board of education of such city. Such retirement fund shall be created and maintained in the following manner:

        First. By an assessment of not less than one percent nor more than six percent of every monthly installment of salary paid to a teacher or other public school employee employed in such city except that so much of any such salary installment as is in excess of $250 shall be exempt from such assessment.

        Second. By the setting aside by the board of education of such city of an amount which shall be not less than one and one-half times the amount of salary assessments, and not less than the amount necessary to meet the payments herein provided for; such amount and an amount to pay a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district may be raised by special levy and none of the debt or tax limitations provided by law shall apply to such levy made under this act, except that in no event shall such levy in any one year exceed one mill on each dollar of assessed valuation of real and personal property located within the taxing district of said board of education.

        Third. By the receipt, by the gift, or otherwise, of any real, personal, or mixed property, or any interest therein.

        History:   L. 1947, ch. 384, § 1; L. 1953, ch. 327, § 3; L. 1979, ch. 52, § 173; July 1.

• 72-17,100: Same; disbursement and investment of fund. Such a retirement fund when thus created and maintained, or so much thereof as shall be necessary, shall be disbursed in the manner hereinafter set forth. And any surplus of the fund not needed for immediate disbursement shall be invested by the board of education of such school district acting as trustee of such fund as provided in K.S.A. 72-17,125.

        History:   L. 1947, ch. 384, § 2; L. 1973, ch. 282, § 5; July 1.

• 72-17,101: Same; retirement and payment; conditions. Any teacher or other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience or other employment, and has attained the age of sixty years, may be retired by the board of education. Any teacher or other public school employee so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience or other employment shall have been in the public schools of cities of the first class of the state of Kansas, shall be entitled to receive from such retirement fund, so long as such teacher or other public school employee may live, equal monthly payments, which shall aggregate one-half of such teacher's or other public school employee's annual salary for the last ten years of such teaching or employment, except that no such teacher or other public school employee who is so retired shall receive more than $1,500 per annum. Any teacher or other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of thirty years of teaching experience or employment, but who has not reached the age of sixty years, may be retired by the board of education.

        Any teacher or other public school employee so retired under the foregoing provisions of this section, provided that at least twenty years of such accredited teaching experience or other employment shall have been in the public schools of cities of the first class of the state of Kansas, shall be entitled to receive from such retirement fund, so long as such teacher or other public school employee may live, equal monthly payments, which shall aggregate one-third of such teacher's or other public school employee's annual salary for the last ten years of such teaching or employment, except that no such teacher or other public school employee who is retired prior to reaching sixty years, shall receive more than nine hundred dollars per annum, and no such teacher so retired shall receive less than five hundred dollars per annum, and no other public school employee shall receive less than $365 per annum: Provided, however, That no teacher or other public school employee shall receive either such pension without paying into the fund by way of assessments or otherwise, not less than the amount of the first annual pension to which such person shall be entitled, and in order to make up such an amount the board of education may provide for any deficiency by deducting the necessary amount from the first year's pension payments in equal amounts each month.

        History:   L. 1947, ch. 384, § 3; July 1.

• 72-17,102: Same; retirement and payment on account of disability, when; limitation; medical examination; reinstatement. Any teacher or other public school employee who has been credited under the rules and regulations of such board of education with an aggregate of twenty-five (25) or more years of teaching experience or other employment may be retired by such board of education on account of disability or incapacity, physical or otherwise. Any teacher or other public school employee so retired, provided that at least fifteen (15) years of such accredited teaching experience or other employment shall have been in the public schools of cities of the first class of the state of Kansas, shall be entitled to receive from such retirement fund during the period of retirement, monthly installments, the annual aggregate of which shall be such percentage of one-half (1/2) of such teacher's or other public school employee's average annual salary for the last ten (10) years of such service as the number of years of such accredited teaching experience or other employment of the beneficiary shall bear to the term of thirty years, except that no such teacher or other public school employee who is so retired shall receive more than one thousand five hundred dollars ($1,500) per annum.

        The board of education is authorized to provide for medical examinations and to secure other evidence, at the expense of the retirement fund, for any teacher or other public school employee retired by such board of education on account of disability or incapacity, physical or otherwise. Such medical examinations shall be repeated at least every year, and may be ordered at any time until the beneficiary attains the age of sixty-five (65). In case any person receiving payments under this act by reason of disability shall recover, or if he shall refuse to be examined, then payments to such person from the retirement fund created by this act shall cease. In case any person receives payments under this act by reason of being retired because of disability and later recovers and returns to school service, the service record of such person shall include all school service, both before and after, but not during disability.

        History:   L. 1947, ch. 384, § 4; L. 1959, ch. 284, § 1; June 30.

• 72-17,103: Same; refunds, when; accepting service in another city operating under this act; voluntary retirement; payment to heirs, when. If at any time a teacher or other public school employee who is willing to continue, is not re-employed or is discharged before the time when he would, under the provisions of this act, be entitled to a pension, then such teacher or other public school employee shall be paid back at once the money, without interest, he may have contributed under this act. Should a teacher or other public school employee duly accredited in a city of the first class, accept service in the public schools of another city of the first class, operating under this law, a sum equivalent to all payments, without interest, made by such teacher or other public school employee into the retirement fund shall be transferred to the retirement fund of the city in which such service is accepted. Any teacher or other public school employee who shall retire voluntarily from the service shall receive a refund of all of the money, without interest, he shall have contributed under this act: Provided, That if any teacher or other public school employee shall so retire before the expiration of the contract under which he is employed he shall only receive a refund of one-half of the money, without interest, he shall have contributed under this act unless such retirement is occasioned by ill health or other just cause and the final determination of the same shall be vested in the board of education.

        And should any teacher or other public school employee die before receiving any of the benefits or pensions by this act provided, the board of education shall pay to such teacher's or other public school employee's heirs or estate the entire sum, without interest, which such teacher or other public school employee shall have paid into such pension fund; and further, if such teacher or other public school employee is retired as an annuitant at the time of his death, then if such an annuitant shall have died before he has received one year's annuity, the heirs of estate of such annuitant shall receive an amount from said fund equal to the difference between the amount such deceased teacher or other public school employee has received and the amount he would have received under this act had he lived for one year after retirement under this act.

        History:   L. 1947, ch. 384, § 5; July 1.

• 72-17,104: Same; teacher and other public school employee defined. In construing this act, the word teacher shall include all members of the teaching staff regularly employed by the board of education of such city, which shall include superintendents, supervisors, and assistants to the superintendent of instruction, principals and teachers. Other public school employees shall include engineers, janitors, nurses, doctors, clerks, secretaries, stenographers, and librarians, and all other employees regularly employed by the board of education of such city.

        History:   L. 1947, ch. 384, § 6; July 1.

• 72-17,105: Same; fund kept separate; disbursement. It is hereby made the duty of the treasurer of the board of education of such city to keep any fund arising under the provisions of this act as a separate fund and to disburse the same in accordance with the instructions and orders of the board of education.

        History:   L. 1947, ch. 384, § 7; July 1.

• 72-17,106: Same; exemption of salary and waiver of benefits; time for requesting. After said retirement fund shall be created by said board of education of such city, the salary of any teacher or other public school employee regularly employed by such city shall be exempt from the provisions of this act provided such teacher or other public school employee shall make a request in writing for such exemption and files the same with the board of education of such city within one month after the effective date of this act or within one month after such teacher or other public school employee shall enter upon such regular employment as a teacher or other public school employee, and such request when filed with the board of education of such city, shall constitute a waiver and a bar to the receipt of any benefits from the retirement fund herein provided: Provided, however, That a teacher or other public school employee previously employed in a capacity similar to those defined in K.S.A. 72-17,104, by any public corporation having a retirement fund, other than another city of the first class, operating under this law, who is employed after this act takes effect by a board of education maintaining a retirement fund under the provisions of this act, shall not be entitled to any benefits from the retirement fund provided for by this act until and unless such teacher or other public school employee shall deposit in the retirement fund of the employing board of education an amount equal to all funds that such teacher or other public school employee has received from the retirement fund of the public corporation last employing him, and such teacher or other public school employee shall receive no credit toward retirement for the time employed by a board of education maintaining a retirement fund under the provisions of this act prior to the making of such deposit.

        History:   L. 1947, ch. 384, § 8; July 1.

• 72-17,107: Same; rules and regulations. The board of education shall have power to adopt rules and regulations for the carrying out of the purpose of this act not in conflict therewith.

        History:   L. 1947, ch. 384, § 9; July 1.

• 72-17,108: Supplemental retirement system in cities over 225,000; limitations; investment of salary tax moneys. The board of any unified district having a population of more than two hundred twenty-five thousand (225,000) is authorized and empowered to establish by resolution a supplemental retirement system for employees of such unified district, such retirement or pension system to be in addition to and to supplement the state system for retirement and payment of annuities provided for in article 55 of chapter 72 of the Kansas Statutes Annotated, such system to provide for the payment of retirement benefits by reason of disability or on account of age and length of service or both, subject only to the following limitations:

        (a)   The total monthly benefits payable to any one annuitant under such supplemental retirement system may be graduated but shall not exceed one-half (1/2) the maximum service annuity payable under the state system.

        (b)   Each annuitant in order to be eligible for benefits under this act shall have been employed in the school system of such city not less than ten (10) school years and shall have attained the age of sixty-five (65) years except that such system may provide for the payment of benefits by reason of disability regardless of age and regardless of length of service in such system. Such boards of education may provide for the financing of such system out of its general fund and by salary deductions from all employees in such system but such salary deductions shall not exceed five percent (5%) of such salaries up to four hundred dollars ($400) per month for each such employee.

        (c)   The board of education is hereby authorized to invest any moneys derived from the salary tax and not currently needed as provided in K.S.A. 72-17,125, and may be invested in shares or accounts in savings and loan associations insured by the federal saving and loan insurance corporation, or other federal agency, to the extent covered by such insurance.

        (d)   The term "school system of such city" for the purpose of this section means the school system of the unified district or the school system of any disorganized district a part of the territory of which is included in such unified district.

        (e)   None of the provisions of this section shall be so applied or construed as to reduce or decrease the benefits of any person having rights under the provisions of this section at the time of its amendment by this act.

        History:   L. 1949, ch. 384, § 1; L. 1951, ch. 402, § 1; L. 1953, ch. 329, § 1; L. 1965, ch. 410, § 31; L. 1967, ch. 385, § 1; L. 1973, ch. 282, § 6; July 1.

• 72-17,109: Retirement systems under 72-1788 to 72-1796; definitions. Unless a different meaning is clearly required by the context, the following words and phrases as used in this act shall have the following meanings:

        (1)   "Board" shall mean the board of education of any city of the first class operating a retirement system under the provisions of K.S.A. 72-1788 to 72-1796, inclusive.

        (2)   "Actuarial equivalent" shall mean a monthly life annuity, the amount of which shall be determined by an actuarial computation as provided in subsection (o) of K.S.A. 72-5501.

        History:   L. 1951, ch. 409, § 1; June 30.

• 72-17,110: Same; abolishment and membership in state school retirement system; procedure and rights. The members of a separate retirement system operated under the provisions of K.S.A. 72-1788 to 72-1796, inclusive, (not including members previously retired) shall become members of the state school retirement system in the manner and subject to the conditions prescribed by K.S.A. 72-5501 on September 1st following (a) the presentation of a petition signed by fifty-one percent (51%) of such members requesting the abolishment of the separate retirement system, and (b) the passage of a resolution by the board abolishing the separate retirement system and establishing a supplemental retirement system in accordance with the provisions of this act: Provided, That the separate retirement system shall remain in effect for previously retired members and members who retire before becoming eligible for benefits under the state school retirement system, until all obligations and annuities to such retired members have been paid. The sufficiency of the petition shall be determined by the board, and upon the filing thereof and the passage of the resolution as above provided, the clerk of the board shall certify to the state school retirement board that such petition has been presented and such resolution adopted.

        The board shall contribute to the state school retirement system from the retirement fund of the separate retirement system the amounts prescribed by subsection (d) of K.S.A. 72-5501 to enable the members of its separate retirement system to become eligible for membership in the state school retirement system: Provided, That in the event any member of the separate retirement system who becomes a member of the state school retirement system shall retire before continuing in service under said state retirement system for a year, and is thereby ineligible to receive any annuity from the state school retirement system, the amount contributed by the board of education to the state school retirement fund for the benefit of such member shall be repaid to said board and placed in the separate retirement fund of said board. School employees of the board who are not members of the separate retirement system may, if otherwise eligible, elect to become members of the state school retirement system and shall be entitled to service credit in the state school retirement system in accordance with the provisions thereof.

        History:   L. 1951, ch. 409, § 2; June 30.

• 72-17,111: Same; supplemental retirement system for members of state system; limitations. The board is hereby authorized to establish a supplemental retirement system for its employees who are members of the state school retirement system, such supplemental retirement system to be in addition to and to supplement the state system for retirement and payment of annuities provided for in article 55 of chapter 72 of the Kansas Statutes Annotated. Such supplemental retirement system shall provide for retirement benefits by reason of disability or on account of age and length of service, or both, subject only to the following limitations:

        (1)   Monthly benefits payable to any one annuitant under such supplemental retirement system shall be the actuarial equivalent of such annuitant's accumulated credits in the supplemental retirement fund to be created: Provided, No annuitant shall receive from such supplemental retirement system a monthly annuity in excess of fifty dollars ($50): Provided further, That any annuitant who was a contributing member of the separate retirement system at the time it was abolished and who retires at age sixty-five (65) or over from the supplemental retirement system shall receive from such supplemental retirement system an amount which, plus the amount received from the state school retirement system, is not less than the amount which would have been received by such annuitant under the separate retirement system;

        (2)   each annuitant, in order to be eligible for benefits under the supplemental retirement system, shall have attained the age of sixty-five (65) years, provided that such system may provide for the payment of actuarially equivalent benefits at any time prior to sixty-five (65) but not less than sixty (60);

        (3)   such supplemental retirement system may also provide for minimum retirement benefits to employees whose services may be terminated by reason of disability, in accordance with rules and regulations established by the board.

        History:   L. 1951, ch. 409, § 3; June 30.

• 72-17,112: Same; supplemental retirement fund; credits, custody and investment. For the purpose of financing the supplemental retirement system established under the provisions of this act, the board shall establish a fund to be known as the "supplemental retirement fund," to which shall be credited: (1) Annual contributions by the board in an amount equal to six percent (6%) of the first three thousand dollars ($3,000) of annual salary of each member of the supplemental retirement system;

        (2)   any residue in the separate retirement fund after payment to the state school retirement fund of the amounts required by subsection (d) of K.S.A. 72-5501: Provided, The board shall retain in the separate retirement fund an amount sufficient to pay retirement benefits to previously retired members until the proceeds of the tax levy authorized in K.S.A. 72-17,114 are available;

        (3)   interest received from investments of the fund;

        (4)   gifts made to, or for the benefit of such fund.

        The board may invest any portion of said fund not currently needed as provided in K.S.A. 72-17,125.

        History:   L. 1951, ch. 409, § 4; L. 1974, ch. 294, § 1; July 1.

• 72-17,113: Same; supplemental retirement system; tax levy, use of proceeds. The board is hereby authorized to levy a tax of not to exceed one mill on all the taxable tangible property within the jurisdiction of the board for the purpose of paying the contribution to be made by the board to the supplemental retirement fund and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district. If in any year such levy does not raise sufficient money to make the contribution required, any deficiency may be made up in subsequent years, so long as the levy in any year does not exceed one mill. Such levy shall be in addition to all other levies authorized or limited by law and none of the levy limitations of article 19 of chapter 79 of the Kansas Statutes Annotated shall apply to such levy.

        History:   L. 1951, ch. 409, § 5; L. 1979, ch. 52, § 174; July 1.

• 72-17,114: Same; annuities and obligations to retired members; tax levy, use of proceeds. For the purpose of providing a fund to pay the annuities and obligations to retired members under the separate retirement system and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district, the board is hereby authorized to levy a tax of not to exceed six-tenths (.6) mill on all tangible taxable property within the jurisdiction of the board. Such levy shall be in lieu of the levy authorized by K.S.A. 72-1780 and none of the levy limitations provided in article 19 of chapter 79 of the Kansas Statutes Annotated shall apply to such levy.

        History:   L. 1951, ch. 409, § 6; L. 1979, ch. 52, § 175; July 1.

• 72-17,115: Same; members accounts in supplemental retirement fund; payments. The board shall establish and maintain in the supplemental retirement fund an account for each member of the supplemental retirement system. There shall be credited to such account:

        (1)   The amount annually contributed by the board based on the member's salary;

        (2)   a proportionate share of interest received on investments of the fund and of gifts made to the fund, such share to be in the ratio that each member's account bears to the total of all members' accounts: Provided, That if the terms of any gift provide for a different distribution, such gift shall be distributed in accordance with the terms thereof;

        (3)   in the case of members who were contributing members of the separate retirement system at the time it was abolished, the residue of the separate retirement fund shall be credited to such members' accounts in the ratio that the amount paid for each member bears to the total amount paid to the state retirement system.

        Such account shall be used for the purpose of paying the benefits upon retirement as provided in subsection (1) of K.S.A. 72-17,111. In case any member of the supplemental retirement system shall terminate his employment with the board prior to retirement, or shall die prior to retirement, or shall die prior or subsequent to retirement, such member, his heirs or estate, shall not be entitled to any payments from the supplemental retirement fund by reason of any amounts credited to his account. Upon the termination of the employment of any member before retirement, or upon his death either prior to or subsequent to retirement, the remaining amount credited to his account may, under rules and regulations established by the board, be distributed among the accounts of the remaining members, or credited to a separate account maintained for the purpose of paying retirement benefits to employees retired because of disability.

        History:   L. 1951, ch. 409, § 7; June 30.

• 72-17,116: Same; rules and regulations. The board is authorized to establish rules and regulations governing the administration of the supplemental retirement system authorized by this act.

        History:   L. 1951, ch. 409, § 8; June 30.

• 72-17,117: Certain retirement systems under ch. 72, art. 17; "board of education" defined. Unless a different meaning is clearly required by the context, the words "board of education" when used in this act, shall mean any board of education which, prior to the effective date of this act, has established and is operating a retirement system under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive.

        History:   L. 1953, ch. 328, § 1; April 8.

• 72-17,118: Same; continuation as supplemental systems and membership in state retirement system; procedure and rights. The members of any retirement system of any board of education operating under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, (not including members previously retired) and who are school employees as said term is defined in K.S.A. 72-5501 or any amendments thereto, shall become members of the state school retirement system in the manner and subject to the conditions prescribed by K.S.A. 72-5501 or any amendments thereto on September 1st following: (a) The presentation of a petition signed by not less than fifty-one percent (51%) of members of such retirement systems, exclusive of members who have retired, requesting membership in the state school retirement system and requesting continuation of the retirement system of the board of education as a supplemental retirement system in accordance with the provisions of this act, and (b) passage of a resolution by the board of education providing for the continuation of its retirement system as a supplemental retirement system in accordance with the provisions of this act.

        The sufficiency of the petition shall be determined by the board of education, and upon the filing of such petition and passage of a resolution as provided above, the clerk of the board shall certify to the state school retirement board that such petition has been presented and such resolution has been adopted. The board of education shall contribute to the state school retirement system from the retirement fund of the board of education the amounts required by subsection (d) of K.S.A. 72-5501 to enable the members of its retirement system to become eligible for membership in the state school retirement system: Provided, That in the event any member of the retirement system of the board of education who becomes a member of the state school retirement system shall be retired before continuing in service under said state school retirement system for a year, and is thereby ineligible to receive any annuity from the state school retirement system, the amount contributed by the board of education to the state school retirement fund for the benefit of such member shall be repaid to the board of education and placed in its supplemental retirement fund. School employees of the board of education who are not members of its retirement system may, if otherwise eligible, elect to become members of the state school retirement system, and shall be entitled to service credit in the state school retirement system in accordance with the provisions thereof.

        History:   L. 1953, ch. 328, § 2; April 8.

• 72-17,119: Same; continuation of retirement system as supplemental system; limitations; increase of retirement benefits, when. The board of education is hereby authorized to continue its retirement system established under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, as a supplemental retirement system in accordance with the provisions of this act, and shall provide the same rights and benefits for its members as are provided under its retirement system established under such sections, except that the benefits to any member who becomes a member of the state school retirement system shall be reduced by the amount of the benefits actually received from both the savings annuity and the service annuity by such member from the state school retirement system: Provided, That members of such supplemental retirement systems, when retired after the establishment of such systems, shall receive the full first year's annual pension without any deduction for deficiency as provided in K.S.A. 72-17,101, reduced only by the amounts actually received from the state school retirement system as provided above: Provided further, That members of such supplemental retirement systems who were retired, other than for disability, at the close of the 1953-1954 school year or who shall be retired, other than for disability, at the close of any subsequent school year shall receive retirement benefits as provided in this act beginning on September 1st following the date of their retirement.

        Such supplemental system shall be maintained solely for the benefit of those teachers and employees who are members of such retirement system or systems on August 31 following compliance with the provisions of K.S.A. 72-17,118 and any amendments thereto, and no teacher or employee of such board of education shall be eligible to become a member of such supplemental retirement system or systems after such August 31. All members of the supplemental retirement system who are previously retired or who shall be retired prior to becoming eligible for benefits under the state school retirement system shall receive the same benefits under the supplemental retirement system as are now provided for them under any of the provisions of the retirement systems of the boards of education established under K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive: Provided, That such members shall receive an annuity of not less than seven hundred twenty dollars ($720) per year, payable in equal monthly installments, beginning on September 1 following compliance with K.S.A. 72-17,118 and any amendments thereto if such members had performed thirty (30) years of service, twenty (20) years of which was in public schools of such cities of the first class, or if such members were retired for disability and had performed twenty-five (25) years of service, fifteen (15) years of which was in public schools of cities of the first class: Provided further, If any such board of education established a retirement system for teachers and employees prior to July 1, 1947, and thereafter established a retirement system under the provisions of chapter 384 [*] of the session laws of 1947, such board of education, in its discretion, may increase the retirement benefits payable after September 1, 1955, to any teachers or employees, who were retired for disability or otherwise, prior to the establishment of said latter retirement system and who at the date of their retirement had the qualifications required for retirement under any of the provisions of chapter 384 [*] of the session laws of 1947, so as to equal the retirement benefits provided by said chapter 384 [*] of the session laws of 1947 for teachers and employees with the same qualifications.

        History:   L. 1953, ch. 328, § 3; L. 1955, ch. 318, § 1; April 4.

• 72-17,120: Same; residues; tax levy, use of proceeds; interest from investments. For the purpose of financing the supplemental retirement system established under the provisions of this act, the board of education shall establish a supplemental retirement fund to which shall be credited:

        (1)   Any residue in a retirement fund established under any of the provisions of K.S.A. 72-1726 to 72-1734, inclusive, and amendments thereto, or K.S.A. 72-1780 to 72-17,107, inclusive, and amendments thereto, after payment of the state school retirement fund of the amounts required by subsection (d) of K.S.A. 72-5501.

        (2)   The proceeds of a special tax levy of not to exceed two mills per annum upon all taxable tangible property within the taxing jurisdiction of the board of education; and said board of education is hereby authorized to make such an annual tax levy for such retirement fund and for the purpose of paying a portion of the principal and interest on bonds issued by cities under the authority of K.S.A. 12-1774, and amendments thereto, for the financing of redevelopment projects upon property located within the school district. Said levy shall be in addition to all other tax levies authorized or limited by law and shall not be subject to or within any aggregate tax levy limits prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated and any amendments thereto.

        (3)   Interest from investments of the fund.

        History:   L. 1953, ch. 328, § 4; L. 1979, ch. 52, § 176; July 1.

• 72-17,121: Same; investment of fund. The supplemental retirement fund may be invested by the board of education as provided in K.S.A. 72-17,125.

        History:   L. 1953, ch. 328, § 5; L. 1973, ch. 282, § 7; July 1.

• 72-17,122: Same; retirement benefits exempt from income tax. Any retirement benefits paid under the provisions of this act and acts to which this act is amendatory, shall not be subject to taxation under the Kansas income tax act.

        History:   L. 1953, ch. 328, § 6; April 8.

• 72-17,123: Same; issuance of no-fund warrants, when; payment. If at any time the supplemental retirement fund, exclusive of amounts subject to withdrawal by the members, shall be insufficient to pay retirement benefits to the members as they become due, no-fund warrants may be issued by the board of education as provided by K.S.A. 79-2940, or any amendments thereto, except the notation required in said section shall be: "Issued pursuant to authority of law" followed by the citation of this act: Provided, That such no-fund warrants shall not be issued after the end of the first full fiscal year following the effective date of this act, and the approval of the state commission of revenue and taxation shall not be required for the issuance of such warrants.

        The board of education shall use the proceeds of such no-fund warrants to pay the retirement benefits accruing to members of the supplemental retirement system. The said board of education shall make a levy at the first tax levying period after such warrants are issued sufficient to pay such warrants and the interest thereon as may be required during any budget year. Such levy shall be in addition to all other levies authorized or limited by law and shall not be subject to nor within any aggregate tax levy limit prescribed by article 19 of chapter 79 of the Kansas Statutes Annotated or any amendments thereto.

        History:   L. 1953, ch. 328, § 7; April 8.

• 72-17,124: Same; refunds authorized in certain cases. The board of education of any school district which is operating a supplemental retirement system under the provisions of K.S.A. 72-17,117 to 72-17,123, both sections inclusive, for the purpose of continuing its retirement systems established under any of the provisions of K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive, which has in its employ teachers or school employees who were members of any such retirement systems prior to September 1, 1941, may, in its discretion, by resolution duly passed, provide that if any such teacher or school employee has been or shall be retired in or after the year 1965, and upon such retirement was or is not entitled to any supplemental retirement benefits payable from its supplemental retirement fund, then such retired teacher or school employee shall be entitled to a refund of all contributions made by him prior to September 1, 1941, to the retirement fund of any retirement system established under said K.S.A. 72-1726 to 72-1734, both sections inclusive, or K.S.A. 72-1780 to 72-17,107, both sections inclusive. Said refunds shall be paid to such retired teacher or school employee out of the supplemental retirement fund of said school district. Expenditures made under authority of this act by any school district shall not apply in determining any limitation under K.S.A. 1965 Supp. 72-7015 [*], as amended by section 1 of chapter 9 of 1966 special session laws.

        History:   L. 1967, ch. 386, § 1; July 1.

• 72-17,125: Same; investment of fund with balance greater than $50,000; prudent investor rule; certain investments authorized for funds with balance less than $50,000. (a) The board of education of any school district to which K.S.A. 72-1727, 72-1760, 72-1781, 72-1789, 72-17,100, 72-17,108 or 72-17,121, and amendments thereto, apply, and the retirement fund of which has a balance greater than $50,000, may invest and reinvest moneys in the retirement fund of the school district and to acquire, retain, manage, including the exercise of any voting rights, and dispose of investments of such fund in accordance with this subsection and K.S.A. 72-17,126 to 72-17,131, inclusive, and amendments thereto. The provisions and standards provided in K.S.A. 2001 Supp. 58-24a02 and amendments thereto shall apply in investing or reinvesting moneys in such fund.

        (b)   The board of education of any school district to which K.S.A. 72-1727, 72-1760, 72-1781, 72-1789, 72-17,100, 72-17,108 or 72-17,121, and amendments thereto, apply, and the retirement fund of which has a balance of $50,000 or less, may invest and reinvest moneys in such fund only in direct obligations of, or obligations the principal of which and interest on which are unconditionally guaranteed by, the United States of America, or in time deposit open accounts in any bank located in Kansas, except that the amount so invested in a bank shall be secured in the manner prescribed by subsections (a) to (e), inclusive, of K.S.A. 75-4218, and amendments thereto.

        History:   L. 1973, ch. 282, § 8; L. 1989, ch. 48, § 90; L. 1993, ch. 238, § 3; L. 2001, ch. 75, § 11; July 1.

• 72-17,126: Same; policies for investment of fund; formulation and review. Subject to the standards, objectives and restrictions set forth in K.S.A. 72-17,125, each such board of education shall formulate policies for the investment and reinvestment of moneys in the retirement fund of the school dis