Attorney General Opinion No. 1991-013

Download or read book Attorney General Opinion No. 1991-013 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under K.S.A. 1990 Supp. 74-4914(6), a retirant who retired on or after July 1, 1988, and is employed or appointed in or to any position or office for which compensation for service is paid, in an amount equal to $6,000 or more in any one calendar year, by any participating employer for which such retirant was employed or appointed during the final two years of such retirant's participation, may not receive any retirement benefit for any month for which such retirant serves in such position or office. Retirants employed as substitute teachers or officers, employees, appointees or members of the legislature, or any other elected officials are exempt from application of K.S.A. 1990 Supp. 74-4914(6). The classifications set forth in the statute need have only a rational basis to the purpose of the legislation to be deemed valid classifications. Because legislative classifications have a presumption of constitutionality and no evidence which would override such a presumption has been presented, the classifications set forth in K.S.A. 1990 Supp. 74-4914(6) are not deemed to violate the equal protection clauses of the United States constitution and Kansas constitution. Cited herein: K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4914; K.S.A. 74-4929; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.