20-2622. Employment of retirants; temporary judicial duties; agreement; stipend, amount; state health care benefits; no limitation on court's authority to make judicial assignments pursuant to law

20-2622

Chapter 20.--COURTS
Article 26.--RETIREMENT SYSTEM FOR JUSTICES AND JUDGES

      20-2622.   Employment of retirants; temporary judicialduties; agreement;stipend, amount; state health care benefits; no limitation on court's authorityto make judicialassignments pursuant to law.(a) On and after the effective date of this act, a retirantwhoretires as provided in K.S.A. 20-2608 and amendments thereto, may return totemporary judicial dutieswhile receiving service retirement benefits.Upon written agreement with the Kansas supreme court prior to retirement, suchretirant shall be available to perform assigned judicial duties fornot more than 104 days or 40% of each year.Notwithstanding the provisions oflaw in effect on the retirement date of a retirant, suchretirant shall receivea stipend, payable monthly, equal to 25% of the currentmonthly salary of judges or justices serving in the same position as that heldby the retirant at the time of retirement. Such agreement shall be for a periodof not more than two years. A retirant may enter into subsequent agreements,except that the aggregate of these agreements shall not exceed 12 years.The supreme court is hereby authorized and may pay on behalf of suchretirant the amount specified by the Kansas state employees health carecommission under K.S.A. 75-6508, and amendments thereto, as if theretirant is serving as a full-time employee of the judicial branch andparticipating in the state health care benefits program to provide for suchparticipation of the retirant. Any retirant entering into a written agreementwith the Kansas supreme court to be available to perform assigned judicialduties for less than 104 days or 40% of each year for a proportionallyreduced stipend shall be considered as if the retirant is serving under apart-time appointment as an employee of the judicial branch andparticipating in the state health care benefits program to provide for suchparticipation of the employee and the supreme court may pay on behalf ofthe retirant the amount specified by the Kansas state employees healthcare commission and K.S.A. 75-6508, and amendments thereto.

      (b)   Within five years after retirement, a retirant who didnot enter into anagreement as provided for in subsection (a) prior toretirement may enter intosuch a written agreement within 30 days prior to any anniversary date ofretirement.Agreements shall be signed by the chief justice with theapproval of a majority of the justices of the Kansas supreme court.

      (c)   If a written agreement is entered into pursuant to theprovisions ofsubsection (a), and notice is received by the chief justiceof the refusal ofthe retirant to accept a temporary assignment without just cause, the writtenagreement shall be terminated.

      (d)   Nothing in this act shall be construed to require aretirant of theretirement system for judges to enter into an agreement to perform temporaryjudicial duties.

      (e)   Nothing in this act shall be construed to limit thesupreme court'sability to make judicial assignments pursuant to the provisions of K.S.A.20-310b and 20-2616 and amendments thereto; and the stipend provided by thisact shall not be counted toward the annual limitation on compensation providedin K.S.A. 20-2616 and amendments thereto.

      (f)   Any retirant who has fulfilled the requirements of anagreement enteredinto pursuant to this act may continue to accept judicial assignments and shallbe compensated for such subsequent assignments in accordance with theprovisions of K.S.A. 20-310b and 20-2616 and amendments thereto.

      (g)   If an assignment given to a retirant in accordance withthis act willrequire the retirant to exceed the 104 day limitation provided in subsection(a), the retirant shall be compensated in accordance with theprovisions ofK.S.A. 20-2616 and amendments thereto.

      (h)   For purposes of this act, "retirant" shall include anyjustice of theKansas supreme court, judge of the Kansas court of appeals, and district judgeof anydistrict court of Kansas who retired pursuant to the provisions of theretirement system for judges.Retirant shall not include any districtmagistrate judge.

      History:   L. 1995, ch. 267, § 40;L. 2006, ch. 195, § 9; July 1.