Kansas

The Kansas Public Employees Retirement System (KPERS) administers pension and other benefits to most public employees in the state. KPERS maintains three plains:

• Kansas PERS covers school teachers and most employees in state and local government

• Plan for judges

• Plan for public safety personnel

Authorizing Statute

Chapter 74 of the Kansas Statutes establishes the Kansas Public Employees Retirement System.

74-4903: System established; powers and duties. There is hereby created the "Kansas public employees retirement system" which shall be a body corporate and an instrumentality of the state of Kansas. The system shall be vested with the powers and duties specified in this act and such other powers as may be necessary or proper to enable it, its officers, employees and agents to carry out fully and effectively the purposes and intent of this act.

Board Composition

74-4905 establishes the Board of Trustees and describes the Board's composition:

On July 1, 1993, the board of trustees of the Kansas public employees retirement system, as such board existed on June 30, 1993, is hereby abolished. On July 1, 1993, there is hereby established a new board of trustees of the Kansas public employees retirement system. Such board established on July 1, 1993, shall consist of nine members, as follows:

• (1) Six appointed members, four appointed by the governor subject to confirmation by the senate;

• (2) Two retirement system members elected by the members and retirants of the system. Of the two retirement system members elected pursuant to this subsection, one shall be a member of the retirement system who is in school employment and one shall be a member of the retirement system other than a member who is in school employment;

• (3) The state treasurer.

Section 74-4920 covers employer contributions to the system.

Contributions

Per the U.S. Census, in FY 2021, employer contributions to Kansas state and local government pension plans were 3.33 percent of all state and local government direct general spending.

Constitutional Protections

No explicit constitutional protection for public pension benefits, but courts provide limited protection for vested pension rights. "A public employee, who over years contributes a portion of his or her salary to a retirement fund created by legislative enactment, who has membership in the plan, and who performs substantial services for the employer, acquires a right or interest in the plan which cannot be whisked away by the stroke of the legislative or executive pen, whether the employee's contribution is voluntary or mandatory." Singer v. City of Topeka, 227 Kan. 356, 607 P.2d 467 (1980). Source: Robert Klausner, Esq., State Constitutional Protections for Public Sector Retirement Benefits