Attorney General Opinion No. 1991-014

Download or read book Attorney General Opinion No. 1991-014 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 the provisions of K.S.A. 1990 Supp. 74-4911e, a former elected official may elect to continue to participate in the Kansas public employees retirement system (KPERS) after leaving service as an elected official provided the former elected official: (1) was an elected official on or after January 1, 1985; (2) was a member of KPERS during service as an elected official; (3) does not immediately become an employee of another participating employer; and (4) files the proper notice of election in the office of the executive secretary of KPERS. No other elected officials or employees are permitted to make such an election. Because such a classification does not enable employees to accumulate reserves for themselves and their dependents for old age, death and termination of employment, and insure a fiscally solvent retirement system, the purposes for which KPERS was established, the classification does not advance the objectives of the Kansas public employees retirement act. The classification does not meet the reasonable basis test and therefore violates the equal protection clauses of the United States and Kansas constitutions. Cited herein: K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4902; K.S.A. 74-4910; K.S.A. 1990 Supp. 74-4911e; 74-4913; 74-4916; K.S.A. 74-4929; 74-4991; K.S.A. 1990 Supp. 74-4992; 74- 4998b; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.