Kansas Statutes

Chapter 75: State Departments; Public Officers And Employees

Article 55: Payroll Accounting For State Agencies

Statutes:

• 75-5501: Formulation, installation and operation of system of payroll accounting; system elements and principles; modification for biweekly payroll periods; plan for deductions for certain employee organization and association dues.
• 75-5501a: Biweekly payroll periods; university of Kansas medical center; establishment for other state agencies, authority of secretary of administration; implementation procedures.
• 75-5502: Payroll accounting system; staggered or cycled payroll periods or pay dates, limitations; powers of director of accounts and reports.
• 75-5503: Same; changes in payroll periods and pay dates; notice to affected employees required; time for notice.
• 75-5504: Same; duty of appointing authority to certify changes to payroll rosters and encumbrance documents to director of accounts and reports; reliance thereon by director.
• 75-5505: Same; standard 40-hour workweek established; exception, when; submission of information to director of accounts and reports; inapplicability to elective state officers.
• 75-5506: Same; conversion of existing salaries, ranges, rates and certain semimonthly compensation systems to hourly and biweekly rates when biweekly payroll periods approved.
• 75-5507: Same; calculation of pay under biweekly pay system where records indicate pay due for more or less than full time; exceptions pursuant to rules and regulations.
• 75-5508: Same; payment of terminated employee's earned wages.
• 75-5509: Same; calculation of biweekly pay for nine-month school employees.
• 75-5510: Same; conversion of monthly rates fixed for housing, food service or other employee maintenance to biweekly rates.
• 75-5511: Same; reference in other laws to monthly pay of state employees construed.
• 75-5512: Same; required compliance of certain contracts and memorandums of agreement with biweekly payroll periods; exemptions.
• 75-5513:
• 75-5514: Same; rules and regulations by secretary of administration.
• 75-5515: Payroll accounting system; fixing of salaries and wages, annual basis; payroll periods; budgeting and accounting for payroll payments; payment on hourly basis for certain employees, determination of wages.
• 75-5516: Same; consolidated payrolls, accounts; payment of future salaries and wages; procedure; transactions between state agencies.
• 75-5517: Compensation for accumulated sick leave upon retirement from state service; limitations; employee retirement contributions deducted.
• 75-5518: Severability.
• 75-5519: Payment of tuition and educational training costs of state agency personnel; rules and regulations.
• 75-5520:
• 75-5522:
• 75-5526, 75-5527:
• 75-5529c:
• 75-5530: State employee payroll deductions for purchase of United States savings bonds; rules and regulations; state employee defined.
• 75-5531: State employee payroll deductions for contributions to charitable organizations; definitions.
• 75-5532: Same; notification by employing agency of employee authorization; amounts deducted, limits; authorization withdrawal or modification; payroll deduction plan.
• 75-5533: Same; fees for making payroll deductions and payments; manner of collection; disposition.
• 75-5534: Same; rules and regulations for administration, prohibited acts.
• 75-5535: State officers and employees payroll deductions for parking fees; authorization.
• 75-5536: State agency payroll deduction plans.
• 75-5537: Overtime compensation, determinations; holidays counted as time worked, when.
• 75-5538, 75-5539: Reserved.
• 75-5540:
• 75-5541: Longevity bonus payments; eligibility; limitations; administration.
• 75-5542: State leave payment reserve fund; payment of compensation for accumulated sick and vacation leave; duties of secretary of administration.
• 75-5543: Same; leave payment reserve assessment; rate and amount of assessment; gross wages defined.
• 75-5544: Same; manner in which compensation made.
• 75-5545: Same; rules and regulations.
• 75-5546: Disaster service volunteer leave; citation of act.
• 75-5547: Same; definitions.
• 75-5548: Same; leave from work with pay for certified disaster service volunteers of American red cross; rate of compensation and preservation of benefits; when leave may be granted.
• 75-5549: State employee leave sharing program, authorization; rules and regulations; guidelines.
• 75-5550: Annual summary of compensation package, contents.

• 75-5501: Formulation, installation and operation of system of payroll accounting; system elements and principles; modification for biweekly payroll periods; plan for deductions for certain employee organization and association dues. (a) The director of accounts and reports shall formulate a system of payroll accounting, including timekeeping, payroll calculation and pay distribution (delivery) and labor cost distribution and analysis, and shall install and operate such system of payroll accounting for all state agencies. The system shall include provision for centralized records, which shall include payroll data for all individuals which with the common law employer-employee relationship is created by agencies of the state of Kansas and which shall be coordinated with records maintained by the division of personnel services and other state agencies. If biweekly payroll periods are established under K.S.A. 75-5501a, the system of payroll accounting shall be modified to implement such biweekly payroll periods. State agencies shall utilize the system of payroll accounting to the extent prescribed by the director of accounts and reports, and shall submit such reports and statements as may be required by the director in order to carry out the provisions of this act. The director of accounts and reports shall design, revise and direct the use of records and procedures and prescribe classifications of coding payroll data, methods of funding labor cost through the central payroll account and a system of prepayment and postpayment debit and credit transactions and entries on the records created from payroll data and the necessary forms to be used by all state agencies in connection with such system of payroll accounting. The payroll system so designed shall include generally accepted accounting principles of internal check, and may include timekeeping for attendance and performance, as prescribed in this act.

        (b)   The director of accounts and reports shall provide, as a part of the system of payroll accounting, a plan for the deduction from the salary or wages of an amount equal to regular membership dues for state officers and employees who are members of the Kansas troopers association or who are in any employee organization which has filed an annual report pursuant to K.S.A. 75-4337 or which has a business agent registered pursuant to K.S.A. 75-4336. Such plan, in addition to such provisions as are negotiated by the director of accounts and reports and the employee organization, shall provide for:

        (1)   A written authorization-assignment by a state officer or employee prior to any dues deduction from the salary or wages of such officer or employee, which authorization-assignment shall remain effective for not less than 180 days and shall be terminated at any time thereafter upon 30 days' prior notice by the state officer or employee of termination of the authorization-assignment;

        (2)   change in the amount of regular membership dues to be deducted, but not more often than twice in any fiscal year;

        (3)   renewal of an authorization-assignment by an officer or employee after termination of a prior authorization-assignment upon 90 days' prior notice by the officer or employee who has terminated a membership dues deduction; and

        (4)   payment of all moneys deducted each payroll period pursuant to this section to the employee organization less the amount of actual direct expenses incurred by this state for the membership dues deduction.

        History:   L. 1974, ch. 390, § 1; L. 1975, ch. 452, § 1; L. 1978, ch. 373, § 3; L. 1978, ch. 350, § 13; L. 1980, ch. 264, § 1; L. 1981, ch. 354, § 1; July 1.

• 75-5501a: Biweekly payroll periods; university of Kansas medical center; establishment for other state agencies, authority of secretary of administration; implementation procedures. (a) The secretary of administration shall approve the establishment of biweekly payroll periods for all officers and employees of the university of Kansas medical center. The secretary of administration may approve the establishment of biweekly payroll periods for any officers and employees of one or more other state agencies. As used in this act, the term "approval date" means the date on which such approval is given by the secretary of administration.

        (b)   Subject to the provisions of subsection (c), the secretary of administration shall integrate biweekly payroll periods into the system of payroll accounting established under this act, for purposes of the officers and employees to whom the biweekly payroll periods established apply, on a date fixed by the secretary of administration. As used in this act, the term "implementation date" means the date fixed under this subsection by the secretary of administration.

        (c)   The period preceding an implementation date for biweekly payroll periods shall be a transition period during which the secretary of administration may vary the procedures and requirements of this act concerning biweekly payroll periods, in order to provide the orderly transition contemplated by this act.

        (d)   The provisions of this section shall be controlling over any statute making reference to monthly or semimonthly payment of salaries or compensation of state officers and employees.

        History:   L. 1975, ch. 452, § 2; L. 1980, ch. 264, § 2; L. 1994, ch. 274, § 21; L. 1995, ch. 132, § 4; Dec. 17.

• 75-5502: Payroll accounting system; staggered or cycled payroll periods or pay dates, limitations; powers of director of accounts and reports. The system of payroll accounting may provide for the fixing of staggered or cycled payroll periods or pay dates by designation of the days of the month or week on which certain employees' payroll periods shall be fixed and by designation of the date of payment for the earnings during a designated payroll period. Such established pay dates, as far as practicable, shall be uniform for all employees of each state agency employed in the same geographical area, and if biweekly payroll periods are established under K.S.A. 75-5501a, such established pay dates shall not be more than fourteen (14) calendar days following the close of the payroll period. For the purpose of implementing this section, the director of accounts and reports may alter any established payroll period or pay date by not more than seven calendar days by establishing a schedule of staggered payroll periods and pay dates as provided in this section.

        History:   L. 1974, ch. 390, § 2; L. 1975, ch. 452, § 3; L. 1980, ch. 264, § 3; July 1.

• 75-5503: Same; changes in payroll periods and pay dates; notice to affected employees required; time for notice. The payroll period and pay date of employees of a state agency shall not be changed by inclusion of the state agency into the system of payroll accounting or by any revision or modification of the system, unless notice of the proposed change has been given to each employee who will be affected by such change, in the form and manner prescribed by the director of accounts and reports, not less than forty-five (45) days prior to the effective date of the change.

        History:   L. 1974, ch. 390, § 3; L. 1975, ch. 452, § 4; July 1.

• 75-5504: Same; duty of appointing authority to certify changes to payroll rosters and encumbrance documents to director of accounts and reports; reliance thereon by director. Each appointing authority shall correctly and promptly certify to the director of accounts and reports as required by such system of payroll accounting all changes, modifications, additions and deletions to the payroll roster and encumbrance documents in compliance with all applicable laws, rules and regulations and work policies of any state agency, including certification of such time and attendance records as are required under this act. The director of accounts and reports shall rely upon all payroll rosters, encumbrance documents and time and attendance reports certified to the director of accounts and reports by an appointing authority or its designee.

        History:   L. 1974, ch. 390, § 4; L. 1975, ch. 452, § 5; July 1.

• 75-5505: Same; standard 40-hour workweek established; exception, when; submission of information to director of accounts and reports; inapplicability to elective state officers. (a) It is the policy of the state that a forty-hour workweek shall be the standard workweek of state employees, and all pay rates established for such employees shall be based on a forty-hour workweek, except that workweeks which deviate from the forty-hour workweek may be established by appointing authorities in order to meet the varying needs of the different state agencies, and in such cases the pay rates established shall be based on the workweek so established.

        (b)   Every state agency shall submit information to the director of accounts and reports:

        (1)   Necessary for determining the number of hours per day and the number of days per week or, in case of irregular workweeks, the number of hours per week which shall constitute full-time employment for each position within its jurisdiction;

        (2)   showing such schedules of work time assignment that are in effect for each employee in the agency;

        (3)   describing the system of accruing credits and charges for all recognized annual, sick and other compensable leave for all officers and employees of the state agency who are not covered for such purposes by the Kansas civil service act and, if biweekly payroll periods are established for officers or employees of the state agency under K.S.A. 75-5501a, the balances of such accrued credits for such officers or employees on the implementation date; and

        (4)   specifying the terms of any contractual obligations that affect any employment relationship.

        (c)   Nothing in this section shall apply to individual elective state officers.

        History:   L. 1974, ch. 390, § 5; L. 1975, ch. 452, § 6; L. 1980, ch. 264, § 4; July 1.

• 75-5506: Same; conversion of existing salaries, ranges, rates and certain semimonthly compensation systems to hourly and biweekly rates when biweekly payroll periods approved. (a) If biweekly payroll periods are established under K.S.A. 75-5501a, salaries, salary ranges and wage rates approved by the governor under K.S.A. 75-2935b and the existing schedule of salaries or wage rates and ranges established under K.S.A. 75-2938 for each class, grade or group of positions in the classification plan which are in effect on the approval date shall be converted to hourly and biweekly pay rates for the officers and employees of each state agency for which biweekly payroll periods are established, in accordance with a plan prepared by the director of accounts and reports and approved or modified and approved by the secretary of administration.

        (b)   If biweekly payroll periods are established under K.S.A. 75-5501a which are applicable to officers or employees of the university of Kansas medical center who are under a semimonthly compensation system under K.S.A. 75-4315, such system shall no longer apply to such officers and employees and such officers and employees shall be converted to a biweekly system for pay earned on and after the implementation date, and the pay rates for such officers and employees shall be converted to hourly and biweekly pay rates, in accordance with a plan prepared by the director of accounts and reports and approved or modified and approved by the secretary of administration.

        (c)   Notwithstanding any existing provision of law to the contrary, if biweekly payroll periods are established under K.S.A. 75-5501a for a state officer or employee whose salary is fixed by statute, such salary shall be converted to hourly and biweekly pay rates in accordance with a plan prepared by the director of accounts and reports and approved or modified and approved by the secretary of administration, subject to the statutory amount of such salary.

        History:   L. 1974, ch. 390, § 6; L. 1975, ch. 452, § 7; L. 1980, ch. 264, § 5; July 1.

• 75-5507: Same; calculation of pay under biweekly pay system where records indicate pay due for more or less than full time; exceptions pursuant to rules and regulations. If biweekly payroll periods are established under K.S.A. 75-5501a, whenever time and attendance records indicate that the number of hours pay due in any payroll period to an officer or employee, to whom such biweekly payroll periods apply, is for more or less than the time fixed for full-time employment, considering the balance and usage of holiday, annual, sick and compensating time, or other compensable leave, the pay for such payroll period shall be calculated on the basis of the number of hours of pay due multiplied by the hourly rate or rates fixed for such employee. Rules and regulations may be adopted by the secretary of administration, as provided in K.S.A. 75-3706, to provide for exceptions to this section.

        History:   L. 1974, ch. 390, § 7; L. 1975, ch. 452, § 8; L. 1980, ch. 264, § 6; July 1.

• 75-5508: Same; payment of terminated employee's earned wages. Whenever the employment of any state employee is terminated in any way, the appointing authority shall cause the employee's earned wages to be paid on the regular pay date upon which such employee would have been paid if still employed.

        History:   L. 1974, ch. 390, § 8; L. 1975, ch. 452, § 9; July 1.

• 75-5509: Same; calculation of biweekly pay for nine-month school employees. If biweekly payroll periods are established under K.S.A. 75-5501a, which apply to nine-month employees of the state who are employed and engaged in school employment as teachers, or higher education faculty, or who have as their principal duty academic supervision over such teachers or faculty, the monthly pay of such employees shall be calculated for payment on the prescribed biweekly payment system under all contracts entered into for the school year commencing in the year in which the implementation date occurs.

        History:   L. 1974, ch. 390, § 9; L. 1975, ch. 452, § 10; L. 1980, ch. 264, § 7; July 1.

• 75-5510: Same; conversion of monthly rates fixed for housing, food service or other employee maintenance to biweekly rates. If biweekly payroll periods are established under K.S.A. 75-5501a which apply to state officers or employees who are receiving housing, food service or other employee maintenance from a state agency under K.S.A. 75-2961a, the existing monthly rates fixed for such housing, food service or other employee maintenance, as provided under K.S.A. 75-2961a, shall be converted by the secretary of administration to biweekly rates for use in the system of payroll accounting, by multiplying the monthly rate by twelve (12) and by dividing such annualized rate by twenty-six (26), rounding off any fraction of such biweekly rate to the next highest cent.

        History:   L. 1974, ch. 390, § 10; L. 1975, ch. 452, § 11; L. 1980, ch. 264, § 8; July 1.

• 75-5511: Same; reference in other laws to monthly pay of state employees construed. Notwithstanding any other provision of law to the contrary, if biweekly payroll periods are established under K.S.A. 75-5501a, wherever in the statutes reference is made to monthly pay of state officers and employees to whom such biweekly payroll periods apply, such reference shall continue in effect until the implementation date, and thereafter such reference shall mean biweekly pay. When any conflict arises as a result of any change made by this act, such conflict shall be resolved by the governor and such decision shall be final.

        History:   L. 1974, ch. 390, § 11; L. 1975, ch. 452, § 12; L. 1980, ch. 264, § 9; July 1.

• 75-5512: Same; required compliance of certain contracts and memorandums of agreement with biweekly payroll periods; exemptions. If biweekly payroll periods are established under K.S.A. 75-5501a, the provisions of all contracts and memorandums of agreement entered into under authority of K.S.A. 75-4321 to 75-4335, inclusive, relating to officers or employees to whom such biweekly payroll periods apply and relating to payments to such officers and employees and concerning the method of payment of salaries or wages or the recognition and furnishing of non-cash employee remuneration, and all salaries and salary reduction or deduction agreements which are authorized by statute and which relate to such officers and employees, shall be made to comply and be administered in accordance with provisions of this act. The provisions of this act shall not apply to contracts between a state agency and an independent contractor, whether for professional services or for any other services or thing, except that the secretary of administration may adopt rules and regulations, as provided in K.S.A. 75-3706, which may make all or any part of this act applicable to any or all such contracts.

        History:   L. 1974, ch. 390, § 28; L. 1975, ch. 452, § 13; L. 1980, ch. 264, § 10; July 1.

• 75-5513:

        History:   L. 1974, ch. 390, § 29; Repealed, L. 1975, ch. 452, § 23; July 1.

• 75-5514: Same; rules and regulations by secretary of administration. The secretary of administration may adopt rules and regulations, as provided in K.S.A. 75-3706, and amendments thereto, for the administration of this act.

        History:   L. 1974, ch. 390, § 30; L. 1975, ch. 452, § 14; L. 1983, ch. 291, § 4; July 1.

• 75-5515: Payroll accounting system; fixing of salaries and wages, annual basis; payroll periods; budgeting and accounting for payroll payments; payment on hourly basis for certain employees, determination of wages. (a) Except as may be otherwise fixed under the Kansas civil service act or other applicable laws, salaries and wages shall be fixed on an annual basis prior to the beginning of each fiscal year.

        (b)   Changes in such salaries or wages made during the fiscal year shall be reported to the secretary of administration.

        (c)   The secretary of administration shall specify the payroll period beginning and ending dates and the payment dates for payroll periods.

        (d)   For budget and accounting purposes each payment of salaries and wages shall be charged to appropriations for the fiscal period or year in which the payment occurs.

        (e) (1)   The wages for any officers and employees in positions which are not exempt under the federal fair labor standards act, 29 U.S.C. 201 et seq., may be paid on an hourly basis, when authorized by the secretary of administration. The provisions of this section shall be controlling over any statute making reference to monthly payment of salaries or compensation of state officers and employees. The wages for employees who are paid hourly shall be determined by dividing the annual wages for the employee's job position by the number of hours required for the position on an annual basis as specified in paragraph (2) of this subsection. The annual wages for each position shall be as fixed pursuant to the Kansas civil service act for classified positions and as fixed by other applicable law for unclassified positions.

        (2)   In determining hourly wage rates, the number of hours required for the position on an annual basis shall be:

        (A)   The amount of 2,080 hours for employees working the standard workweek specified by K.S.A. 75-5505, and amendments thereto; or

        (B)   for those classes of positions for which a deviation has been established pursuant to K.S.A. 75-5505, and amendments thereto, the number of hours required for the position on an annual basis, as determined by the director of personnel services, subject to approval by the secretary of administration.

        History:   L. 1965, ch. 473, § 2; L. 1973, ch. 348, § 1; L. 1974, ch. 390, § 22; L. 1975, ch. 452, § 15; L. 1980, ch. 264, § 11; L. 1994, ch. 274, § 22; L. 1995, ch. 132, § 5; Dec. 17.

• 75-5516: Same; consolidated payrolls, accounts; payment of future salaries and wages; procedure; transactions between state agencies. (a) There is hereby created in the state treasury a payroll account for each state agency which may be used by the director of accounts and reports and state treasurer to issue a consolidated payroll for each state agency. If consolidated payroll procedures are required by the director of accounts and reports, each state agency shall file such consolidated claims and encumbrance documents containing authorization to pay future salaries and wages of officers and employees of such state agency. Payment of such future salaries and wages shall be based on time and attendance reports required by the director of accounts and reports. Payrolls of state agencies prepared by either the agency or the director of accounts and reports as prescribed in the system of payroll accounting shall be charged against the payroll account created for the state agency by this section or directly against the appropriate agency account or accounts in the state treasury on an individual account basis as determined by the director of accounts and reports. The payroll of each state agency shall show thereon a summary distribution of the amount of the payroll to be charged against each appropriation or fund account within the state treasury or fund in the custody of the state treasurer. If the consolidated payroll procedures are in effect under this section at the time the payroll is paid, the director of accounts and reports and state treasurer shall transfer moneys from each appropriation in the state treasury or fund in the custody of the state treasurer to the payroll account of the state agency in the amounts shown on the payroll distribution summary, and shall charge such amounts to the proper account affected thereby. For purposes of providing a procedure for automatic payment of reported time worked, salaries and wages due, and for proper cost allocation and distribution of designated project, indirect overhead or other employee salary and wage cost to establish cost centers or sub-activities, activities, accounts, work project, federal grant or other appropriate account, the encumbrance documents required may be filed against such agency payroll clearing accounts as may be established on the records by the director of accounts and reports to pay such project or shared salary and wage costs. Advances from appropriate accounts within the state treasury in the custody of the state treasurer may be made to such agency payroll clearing accounts on the records in the amount required to cover the estimated salary and wage costs of such officers and employees. Any advances made to such agency payroll clearing account shall be used for the payment of actual salary and wage costs chargeable from actual time and attendance reports or returned to the appropriate account, and such transactions shall be based on claims approved by signature or electronic means by the chief administrative officer of the state agency or such officer's authorized representative. Upon request of any state agency, the director of accounts and reports may authorize the issuance of payrolls within a fund other than that authorized by this section.

        (b)   Under rules and regulations established as provided in K.S.A. 75-3706 and amendments thereto, the accounting system may include provisions for the settlement of transactions between state agencies by making of debit and credit entries on the books on the basis of adequate vouchers, approved by the director of accounts and reports in lieu of warrants. The director of accounts and reports, upon approval of any such voucher, shall immediately notify the state treasurer of the amount thereof, and of the accounts which are to be debited and credited upon the treasurer's books and records. The state treasurer and the director of accounts and reports shall forthwith make the proper entries upon their books and records to correspond to such debit and credit entries.

        History:   L. 1953, ch. 375, § 33; L. 1974, ch. 390, § 23; L. 1975, ch. 452, § 16; L. 1983, ch. 298, § 1; May 5.

• 75-5517: Compensation for accumulated sick leave upon retirement from state service; limitations; employee retirement contributions deducted. (a) Each person retiring from the classified or unclassified service of the state of Kansas who has accumulated one hundred (100) days or more of sick leave shall receive at the time of retirement, compensation for their accumulated sick leave as follows:

        (1)   Compensation for not more than thirty (30) days, if such person has completed eight or more years of such service and has accumulated at least one hundred (100) but less than one hundred twenty-five (125) days of sick leave;

        (2)   compensation for not more than forty-five (45) days, if such person has completed fifteen (15) or more years of such service and has accumulated at least one hundred twenty-five (125) but less than one hundred fifty (150) days of sick leave; and

        (3)   compensation for not more than sixty (60) days, if such person has completed twenty-five (25) or more years of such service and has accumulated one hundred fifty (150) days of sick leave or more.

        (b)   Retirement employee contributions shall be deducted from all compensation for accumulated sick leave paid to each person who retires and benefit calculations for such person shall include all such compensation.

        History:   L. 1974, ch. 368, § 1; L. 1978, ch. 332, § 50; L. 1980, ch. 290, § 1; May 17.

• 75-5518: Severability. If any word, phrase, sentence or provision of this act is determined to be invalid, such invalidity shall not affect the other provisions of this act and they shall be given effect without the invalid provision, and to this end the provisions of this act are declared to be severable.

        History:   L. 1974, ch. 390, § 31; July 1, 1975.

• 75-5519: Payment of tuition and educational training costs of state agency personnel; rules and regulations. (a) Any state agency may pay the tuition and other educational expenses for the education or training of any personnel of such state agency when it is determined by the head of the state agency that such education or training is of value to the state and such state agency.

        (b)   All payments under this section shall be made from appropriations to the state agency in accordance with policies and procedures developed by the secretary of administration to the state agency and shall be approved by the head of the state agency.

        (c)   As used in this section, "state agency" means any state department, office, board, commission, authority, council or officer and the personnel thereof.

        (d)   In accordance with K.S.A. 75-3706 and amendments thereto and with the advice of the director of accounts and reports, the secretary of administration may adopt rules and regulations prescribing limitations and procedures relating to expenditures for tuition and other education or training expenses under this section.

        History:   L. 1974, ch. 371, § 1; L. 1976, ch. 402, § 1; L. 1982, ch. 373, § 1; L. 1985, ch. 291, § 1; July 1.

• 75-5520:

        History:   L. 1975, ch. 452, § 22; Repealed, L. 1995, ch. 132, § 7; Dec. 17.

• 75-5522:

        History:   L. 1976, ch. 367, § 2; Repealed, L. 1988, ch. 301, § 33; July 1.

• 75-5526, 75-5527:

        History:   L. 1976, ch. 367, §§ 6, 7; Repealed, L. 1979, ch. 298, § 5; July 1.

• 75-5529c:

        History:   L. 1998, ch. 18, § 2; Repealed, L. 2007, ch. 74, § 18; Jan. 1, 2008.

• 75-5530: State employee payroll deductions for purchase of United States savings bonds; rules and regulations; state employee defined. (a) Upon receipt of written authorization by any state employee, the director of accounts and reports shall make periodic deductions of amounts as specified in such authorization from the salary or wages of such state employee for the purposes of purchasing United States savings bonds. The director of accounts and reports shall make payments of such amounts in accordance with such authorization and the payroll deduction plan adopted pursuant to subsection (b). Any amounts deducted from the salary or wages of such state employee pursuant to such authorization shall be subject to the maximum and minimum amounts established by rules and regulations adopted pursuant to subsection (c). Any such written authorization may be withdrawn or modified by such state employee upon filing written notice of such withdrawal or modification in the manner and at the times prescribed in rules and regulations adopted pursuant to subsection (c).

        (b)   The director of accounts and reports shall establish a payroll deduction plan for the purchase of United States savings bonds by state employees. Such plan shall be administered by the director of accounts and reports in accordance with rules and regulations adopted pursuant to subsection (c) and such additional accounting procedures as may be prescribed by the director of accounts and reports.

        (c)   The secretary of administration, upon the recommendation of the director of accounts and reports, shall adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, for the implementation and administration of this act. Such rules and regulations shall include maximum and minimum limitations on the amounts to be deducted from the salary or wages of any state employee and provisions for the modification or withdrawal of any authorization to make periodic deductions for the purchase of United States savings bonds under this act.

        (d)   As used in this act, the term "state employee" or "employee" means any appointed or elective officer or any employee of the state of Kansas.

        History:   L. 1977, ch. 285, § 1; L. 2002, ch. 192, § 6; June 6.

• 75-5531: State employee payroll deductions for contributions to charitable organizations; definitions. As used in K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto:

        (a)   "Community health charities" means community health charities of Kansas and Missouri, Inc.

        (b)   "State employee" or "employee" means any appointed or elective officer or any employee of the state of Kansas.

        (c)   "United way organization" means the organization conducting a single, annual, consolidated effort to secure funds for distribution to agencies engaged in charitable, public health, welfare or service purposes, which commonly is known as the united way. Such term includes the united fund, the community chest or any other organization which serves in communities or areas of the state where the united way is not organized.

        History:   L. 1979, ch. 277, § 1; L. 2002, ch. 192, § 7; L. 2006, ch. 120, § 1; July 1.

• 75-5532: Same; notification by employing agency of employee authorization; amounts deducted, limits; authorization withdrawal or modification; payroll deduction plan. (a) Upon notification of an employing agency's receipt of written authorization by any state employee, the director of accounts and reports shall make periodic deductions of amounts as specified in such authorization from the salary or wages of such state employee for the purpose of contributing to a united way organization or community health charities and shall make payments of such amounts in accordance with such authorization and the payroll deduction plan adopted under subsection (b). Any amounts deducted from the salary or wages of such state employee pursuant to such authorization shall be subject to the maximum and minimum amounts established by rules and regulations adopted under K.S.A. 75-5534 and amendments thereto. Any such written authorization may be withdrawn or modified by such state employee upon filing written notice of withdrawal or modification in the manner and at the times prescribed in rules and regulations adopted under K.S.A. 75-5534 and amendments thereto.

        (b)   As part of the system of payroll accounting formulated under K.S.A. 75-5501 and amendments thereto, the director of accounts and reports shall establish a payroll deduction plan for the purpose of making contributions to united way organizations and to community health charities by state employees. Such plan shall be administered by the director of accounts and reports in accordance with rules and regulations adopted under K.S.A. 75-5534 and amendments thereto and such additional accounting procedures as may be prescribed by the director of accounts and reports.

        History:   L. 1979, ch. 277, § 2; L. 1990, ch. 318, § 5; L. 2006, ch. 120, § 2; July 1.

• 75-5533: Same; fees for making payroll deductions and payments; manner of collection; disposition. (a) The director of accounts and reports shall charge and collect a fee for making payroll deductions and payments authorized under K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto. Such fees shall be fixed in an amount equal to the total costs incurred in making the necessary transfers and transactions, including administrative costs, to accomplish the purpose involved as determined by the director of accounts and reports with the approval of the secretary of administration. The fees fixed shall be levied against and shall be paid by the united way organization or community health charities which receives payments pursuant to written authorizations by state employees under this section. Such fees shall be paid as part of each transaction remitting payments to the united way organization or community health charities.

        (b)   All moneys received by the director of accounts and reports from the fees levied under this section shall be remitted to the state treasurer in accordance with the provisions [of] K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the accounting services recovery fund.

        History:   L. 1979, ch. 277, § 3; L. 2001, ch. 5, § 402; L. 2006, ch. 120, § 3; July 1.

• 75-5534: Same; rules and regulations for administration, prohibited acts. The secretary of administration, upon the recommendation of the director of accounts and reports, may adopt rules and regulations as provided in K.S.A. 75-3706, and amendments thereto, for the implementation and administration of K.S.A. 75-5531 to 75-5534, inclusive, and amendments thereto. Such rules and regulations shall include: (a) Provisions prohibiting the use of official action or threat of official action by a state employee to coerce or attempt to coerce a subordinate state employee to contribute to a united way organization or community health charities; and (b) maximum and minimum limitations on the amounts to be deducted from the salary or wages of any state employee and provisions for the modification or withdrawal of any authorization to make periodic deductions for the purpose of making contributions to united way organizations or community health charities.

        History:   L. 1979, ch. 277, § 4; L. 1983, ch. 291, § 6; L. 2006, ch. 120, § 4; July 1.

• 75-5535: State officers and employees payroll deductions for parking fees; authorization. The director of accounts and reports shall make payroll deductions from the salary and wages of state officers and employees for parking fees charged such officers and employees in accordance with K.S.A. 75-4506 for use of state parking facilities, when authorized to make such deductions by the written, voluntary authorization of such officers and employees.

        History:   L. 1979, ch. 291, § 4; July 1.

• 75-5536: State agency payroll deduction plans. (a) As used in this section, "agency payroll deduction" means a payroll deduction established by a state agency from the salary or wages of a state employee of the state agency for (1) payment of fees, charges or other payments owed to a state agency, (2) contributions to the endowment association or foundation for a state agency which is a state educational institution, as defined by K.S.A. 76-711 and amendments thereto, and which employs the state employee, or (3) other payments for which the employee's state agency has been performing a function of receiving payments for distribution to another firm or entity and such function was ongoing prior to January 1, 1990. "Agency payroll deduction" shall not include any deduction directly affecting amounts to be withheld or reported for federal, state and local income taxes.

        (b)   A state agency may establish an agency payroll deduction plan pursuant to this section. Each proposed agency payroll deduction plan shall be submitted to the director of accounts and reports, who shall review the plan and then forward a copy to the secretary of administration together with any recommendations and comments. The plan shall specify the conditions, limitations and restrictions applicable to the plan. The conditions, limitations and restrictions of the plan may include, but are not limited to, maximum and minimum limitations on the amount to be deducted from the salaries or wages and provisions for the modification or withdrawal of any authorization for any agency payroll deduction by an employee.

        (c)   Implementation or continuation of any agency payroll deduction plan shall be subject to the approval of the secretary of administration to assure that adequate data processing and accounting resources are available for proper functioning of the plan.

        (d)   An agency payroll deduction plan established pursuant to this section shall be administered by the state agency establishing the plan in accordance with this section and in accordance with the accounting and payroll procedures approved for such plan by the director of accounts and reports.

        (e)   No payroll deduction shall be made from the salary or wages of any employee under an agency payroll deduction plan except upon written authorization of such employee. Any amounts deducted from the salary or wages of an employee may be subject to maximum and minimum amounts which are established by the state agency under this section. Any such written authorization may be withdrawn or modified by the employee upon filing written notice of such withdrawal of modification in the manner and at the times prescribed by the state agency under the agency payroll deduction plan established under this section.

        History:   L. 1990, ch. 296, § 1; Jan. 1, 1991.

• 75-5537: Overtime compensation, determinations; holidays counted as time worked, when. (a) Except as otherwise required by federal law or by the provisions of this section, after June 11, 2000, any rule and regulation relating to overtime compensation for state employees adopted by the secretary of administration shall provide that only hours actually worked may be considered in determining whether overtime compensation is due and the amount of overtime compensation due, whether in the form of overtime pay or compensatory time off in lieu of overtime pay. After June 11, 2000, to the extent that any rule and regulation previously adopted by the secretary of administration contains a provision contrary to this section, that portion of the rule and regulation, and documents pertaining to such portion of the rule and regulation, shall have no effect and shall not be enforced.

        (b)   Each official state holiday which occurs within a regularly scheduled workweek may be counted as time worked in determining the amount of overtime work for state employees.

        History:   L. 1994, ch. 352, § 3; L. 2000, ch. 112, § 2; July 11.

• 75-5538, 75-5539: Reserved.
• 75-5540:

        History:   L. 1988, ch. 344, § 1; Repealed, L. 2007, ch. 132, § 3; July 1.

• 75-5541: Longevity bonus payments; eligibility; limitations; administration. (a) Each classified employee, excluding any such employee who is on temporary appointment, and each nonjudicial employee in the unclassified service under the Kansas civil service act in a state agency in the judicial branch of state government, shall receive a bonus as provided by this section, which shall be referred to as a longevity bonus, under the terms and conditions and subject to the limitations prescribed by this section.

        (b)   After June 30, 1989, any such officer or employee who has been employed by any agency, board or department within any branch of state government, whether or not the entire period of service is continuous with the same agency, board or department, shall be eligible to receive a longevity bonus upon completion of 120 months of state service. Length of service and service anniversary dates shall be determined pursuant to rules and regulations adopted by the secretary of administration.

        (c)   The amount of each longevity bonus payment shall be computed by multiplying $40 by the number of full years of state service, not to exceed 25 years, rendered by such officer or employee as of the service anniversary date within such fiscal year.

        (d)   Each longevity bonus payment shall be included in the employee's regular pay warrant. The amount of the bonus shall be displayed separately on the warrant stub or advice.

        (e)   Longevity bonus payments shall be compensation, within the meaning of K.S.A. 74-4901 et seq., and amendments thereto, for all purposes under the Kansas public employees retirement system and shall be subject to applicable deductions for employee contributions notwithstanding the fact that payments are made annually. Longevity bonus payments shall be in addition to the regular earnings to which an officer or employee may become entitled or for which such employee may become eligible.

        (f)   The purpose of longevity pay is to recognize permanent employees who have provided experience and faithful long-term service to the state of Kansas in order to encourage officers and employees to remain in the service of the state. The provisions of this section shall apply to fiscal years commencing after June 30, 1989. The amendatory language of this section shall be construed to confirm that longevity pay is intended, and has been intended since its enactment, to be a bonus as defined in 29 C.F.R. § 778.208.

        (g)   In accordance with the provisions of K.S.A. 75-3706, and amendments thereto, the secretary of administration shall adopt rules and regulations to implement the provisions of this section with respect to officers and employees in the executive branch of state government. The supreme court may adopt policies to implement the provisions of this section with respect to officers and employees who are nonjudicial personnel of state agencies in the judicial branch of state government.

        History:   L. 1989, ch. 260, § 3; L. 1994, ch. 352, § 4; L. 1995, ch. 132, § 6; Dec. 17.

• 75-5542: State leave payment reserve fund; payment of compensation for accumulated sick and vacation leave; duties of secretary of administration. (a) As used in K.S.A. 75-5542 to 75-5545, inclusive, and amendments thereto, "state agency" means the state, or any department or agency of the state, but not including the Kansas turnpike authority, the university of Kansas hospital authority or any political subdivision of the state.

        (b)   For the purposes of providing for the payment of compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, and for the payment of accumulated hours of sick leave upon being laid off from state service as provided under K.S.A. 75-4371, and amendments thereto, arising on and after July 1, 1996, there is hereby established the state leave payment reserve fund in the state treasury.

        (c)   The state leave payment reserve fund shall be liable to pay compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, and for the payment of accumulated hours of sick leave upon being laid off from state service as provided under K.S.A. 75-4371, and amendments thereto, arising on and after July 1, 1996. To this end and for the purposes of K.S.A. 75-5542 to 75-5545, inclusive, and K.S.A. 75-4371, and amendments thereto, all state agencies are hereby deemed to be a single employer whose liabilities specified in subsection (b) are hereby imposed upon the state leave payment reserve fund.

        (d)   The secretary of administration shall administer the state leave payment reserve fund and all payments from such fund shall be upon warrants of the director of accounts and reports issued pursuant to the system of payroll accounting formulated under K.S.A. 75-5501 et seq., and amendments thereto, or pursuant to K.S.A. 75-5540, and amendments thereto. The director of accounts and reports may issue warrants pursuant to vouchers approved by the secretary for payments from the state leave payment reserve fund notwithstanding the fact that claims for such payments were not submitted or processed for payment from money appropriated for the fiscal year in which the state leave payment reserve fund first became liable to make such payments.

        (e)   The secretary of administration shall remit all moneys received by or for the secretary in the capacity as administrator of the state leave payment reserve fund, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the state leave payment reserve fund.

        (f)   In the computation of accumulated vacation leave, time served as an elected official in an elected position for which vacation leave is not credited shall not be credited to length of service for employees who are appointed to the classified or unclassified service in the executive branch of state government.

        History:   L. 1992, ch. 207, § 1; L. 1994, ch. 176, § 1; L. 1996, ch. 255, § 10; L. 1999, ch. 168, § 2; L. 2001, ch. 5, § 403; July 1.

• 75-5543: Same; leave payment reserve assessment; rate and amount of assessment; gross wages defined. (a) Commencing with the first payroll period chargeable to funds appropriated for the fiscal year beginning on July 1, 1994, and for each payroll period thereafter, each state agency shall certify with each payroll, the amount of each leave payment reserve assessment for such state agency, not in conflict with appropriations therefor. The director of accounts and reports shall transfer the amount of each leave payment reserve assessment for such state agency to the credit of the state leave payment reserve fund.

        (b)   For fiscal years beginning July 1, 1994, and each July 1 thereafter, the secretary of administration shall determine annually the rate of the leave payment reserve assessment for all state agencies based upon the experience of all state agencies. Such rate shall be expressed as a percentage and shall be the same for all state agencies. The secretary of administration may utilize actuarial and other professional assistance in determining the rate of the leave payment reserve assessment under this section. On or before July 15, 1994, and each July 15 thereafter, the director of the budget shall notify each state agency of the rate of the leave payment reserve assessment for the next fiscal year. The secretary of administration may adjust the rate of the leave payment reserve assessment during a fiscal year as necessary to pay projected expenditures as they become due.

        (c)   The amount of the leave payment reserve assessment for each state agency shall be determined by multiplying the total gross wages for each employee for each payroll period of such state agency, by the rate of the leave payment reserve assessment for the fiscal year.

        (d)   As used in this section "gross wages" means all compensation for services, including commissions, bonuses, back pay and the value of all remuneration including benefits paid in any medium other than cash. For purposes of this section, "gross wages" shall not include any payments made by the state board of regents pursuant to the provisions of subsection (5) of K.S.A. 74-4927a, and amendments thereto, to a member of the faculty or other person defined in subsection (1)(a) of K.S.A. 74-4925, and amendments thereto.

        History:   L. 1992, ch. 207, § 2; L. 1994, ch. 176, § 2; L. 2006, ch. 168, § 4; July 1.

• 75-5544: Same; manner in which compensation made. Compensation for accumulated sick and vacation leave on retirement from state service arising on and after July 1, 1994, shall be made from the state leave payment reserve fund in the manner specified by the secretary of administration.

        History:   L. 1992, ch. 207, § 3; L. 1994, ch. 176, § 3; July 1.

• 75-5545: Same; rules and regulations. The secretary of administration may adopt rules and regulations necessary for the administration of the state leave payment reserve fund, including the processing of payments from such fund. Such rules and regulations shall be subject to the provisions of K.S.A. 75-3706 and amendments thereto and shall be adopted in accordance therewith.

        History:   L. 1992, ch. 207, § 4; July 1.

• 75-5546: Disaster service volunteer leave; citation of act. This act shall be known and may be cited as the disaster service volunteer leave act.

        History:   L. 1993, ch. 33, § 1; July 1.

• 75-5547: Same; definitions. As used in this act:

        (a)   "State agency" means any state office or officer, department, board, commission, institution, bureau or any agency, division or unit within any office, department, board, commission or other state authority or any person requesting a state appropriation;

        (b)   "disaster" includes disasters designated at level II and above in the American national red cross regulations and procedures.

        History:   L. 1993, ch. 33, § 2; July 1.

• 75-5548: Same; leave from work with pay for certified disaster service volunteers of American red cross; rate of compensation and preservation of benefits; when leave may be granted. An employee of a state agency who is a certified disaster service volunteer of the American red cross may be granted leave from work with pay for not more than 20 working days in any twelve-month period to participate in specialized disaster relief services for the American red cross, upon the request of the American red cross for the services of that employee and upon the approval of that employee's state agency, without loss of seniority, pay, vacation leave, compensatory time, personal vacation days, sick leave or earned overtime accumulation. The state agency shall compensate an employee granted leave under this section at the employee's regular rate of pay for those regular work hours during which the employee is absent from work. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of workers compensation. An employee deemed to be on leave under this section shall not be deemed to be an employee of the state for purposes of the Kansas tort claims act. Leave under this act shall be granted only for services related to a disaster occurring within the state of Kansas and states contiguous to Kansas.

        History:   L. 1993, ch. 33, § 3; July 1.

• 75-5549: State employee leave sharing program, authorization; rules and regulations; guidelines. The secretary of administration, upon recommendation of the director of personnel services, is hereby authorized to adopt rules and regulations as provided by K.S.A. 75-3706, and amendments thereto, establishing a program for the sharing of leave between employees of the state of Kansas. Employees authorized to share leave pursuant to such rules and regulations shall be authorized to donate annual and sick leave to other state employees who are suffering from, or who have a family member suffering from, an extraordinary or severe illness, injury, impairment or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or terminate employment. As used in this section "extraordinary or severe" means serious, extreme or life threatening.

        History:   L. 1994, ch. 240, § 1; July 1.

• 75-5550: Annual summary of compensation package, contents. Each fiscal year commencing after June 30, 2001, the secretary of administration shall prepare and distribute to each state officer or employee an annual one-page summary of such officer or employee’s compensation package from the state, including salary, benefits under the state health care benefits program of the Kansas state employees health care commission, the cafeteria plan administered by the secretary of administration, retirement, insured and other benefits under the Kansas public employees retirement system, paid leave and other benefits provided for under the Kansas civil service act and any other benefits provided to such officer or employee.

        History:   L. 2000, ch. 112, § 1; Apr. 27.