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Retirement - KPERS, Correctional KPERS and Judges

Retirement Eligibility

Unreduced Benefits
Reduced Benefits

How to Calculate 85 Points

Retirement Date

School and Non-School
Special Guidelines for School Employees

Member’s Steps to Retire

Guidelines for Sending Documents

Proof of Birth

Proof of Name Change

Final Average Salary

Calculating Final Average Salary
Final Average Salary "Spike" Law
Final Average Salary "Cap" Law

Calculating Retirement Benefits

KPERS and Correctional KPERS Percentages
Judges Percentages
Monthly Benefit Estimates

Retirement Options

Partial Lump Sum Option
Maximum Monthly Benefit Option
Joint-Survivor Options
Pop-Up Feature
Life-Certain Options
Life-Certain Option - An Example
Spousal Consent Law

Death Benefit

Tax Information

Federal Withholding

Working After Retirement

30-Day Waiting Period
Reporting Retiree Employment and Making Contributions
Earnings Limit

Special Exceptions to the Earnings Limit

Retirement Eligibility

Unreduced Benefits

A KPERS member can receive unreduced benefits:

  • At age 65 with two quarters of participating service credit (two quarters will round up to one year)
  • At age 62 with 38 quarters of service credit (38 quarters or 9.5 years will round up to ten years
  • Any age when the member’s age and years of service credit added together equal 85 points (a member can round years of service credit, but cannot round age).

Please note - The Retirement System grants one quarter of service credit for any time worked in a particular quarter. Any amount of employee contributions in a quarter indicates time worked. When years of service credit are added up, two remaining quarters will be rounded up to a year.

Reduced Benefits

A KPERS member can receive reduced benefits:

  • At age 55 with 38 quarters of service credit
  • A reduction factor is applied from age 55 to age 62, unless the member has 85 points.

Reduction factors

  • Age 60-62, .02 percent for each month
  • Age 55-60, .06 percent for each month

Reduction example using a maximum benefit of $1,000
Age 62 = $1,000
Age 60 = $952
Age 55 = $592

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How to Calculate 85 Points

  1. Add member’s current age + current years of service credit
    Total = member’s current total points
  2. Subtract total points from 85 to get total points needed
  3. Divide points needed by 2
  4. Add to member’s current age

This is the age member will have 85 points if he or she continues to work.

85 Points Calculator

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Retirement Date

School and Non-School

A member’s retirement date is the later of the first day of the month following the last day on the payroll, or the first day of the month after KPERS receives a member’s Application for Retirement Benefit booklet (KPERS-15).

A member must be off the payroll of all participating employers on his or her retirement date.

Special Guidelines for School Employees

If a superintendent’s contract ends June 30, he or she may retire July 1 or after. KPERS contributions will be deducted from all wages including any add-on pay (if hired before July 1, 1993).

If a principal’s contract ends July 31, he or she may retire July 1 or after. KPERS contributions will not be taken out of the July check or any add-on pay. If the member waits until August 1 to retire, KPERS will be taken out of the July check and any add-on pay (if hired before July 1, 1993).

If a teacher’s contract ends August 31, he or she may retire July 1 or after. KPERS contributions will not be taken out of the July or the August check or any add-on pay. If the member waits until September 1 to retire, KPERS will be taken out of the July and August checks and any add-on pay (if hired before July 1, 1993).

A cook, custodian, secretary or bus driver may retire anytime during the year. KPERS contributions will be taken out of all compensation paid including any add-on pay (if hired before July 1, 1993).

Definition of add-on pay:

Compensation the employer pays the employee for unused sick leave, annual leave, comp-time, holiday pay, etc.

A member may not use any early retirement incentive, even if paid before retirement, in the calculation of the final average salary.

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Member’s Steps To Retire

  1. Begin 60 to 90 days before his or her retirement date
  2. Review KPERS Retirement Options publication
  3. Submit Application for Retirement Benefit booklet (KPERS-15)
  4. Submit verification of most recent contributions letter (V-Letter). KPERS will send the V-Letter to the employer to be completed and returned by the 10th of the month the retirement is to be effective.
  5. Documents the member will need to provide
    • Proof of birth to establish age
    • Proof of any name change
    • Birth document and any name change document for the joint annuitant if a member chooses a joint survivor option
  6. KPERS sends an acknowledgement letter to the member’s designated agent and asks for any additional needed information
  7. About 30 days before a member’s retirement date, KPERS sends the member’s designated agent a verification form. The designated agent completes the form with the member’s final total contributions and salary.
  8. KPERS calculates the member’s official benefit amount based on the information provided by the designated agent.
  9. A few days before a member will receive his or her first monthly benefit check, KPERS mails the member a letter including information about his or her benefit amount.
  10. The new retiree receives his or her first monthly benefit as a check in the mail. At the same time, KPERS will send an electronic transmission to the retiree’s financial institution to verify the account. Once the account is verified, all future monthly benefit payments will be directly deposited into the retiree’s account on the last working day of each month.

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Guidelines for Sending Documents

  • Photocopies must be unaltered.
  • Faxed documents must:
    1. be an unaltered official form used by the Retirement System
    2. include social security number of member, alternate payee or beneficiary
    3. be filled out legibly, completely
    4. provide all necessary signatures
  • Emailing scanned original documents
    1. Document must be legible
    2. Document must have all appropriate signatures

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Proof of Birth

A photocopy of one of the following:

  1. Birth certification
  2. Baptismal certificate or a statement as to the date of birth shown by a church record, certified by the custodian of such record
  3. Notification of registration of birth in a public registry of vital statistics
  4. Certification or record of age by the U.S. Census Bureau
  5. Hospital birth record, certified by the custodian of such record
  6. Foreign church or government record
  7. Signed statement by the physician or midwife who was in attendance at birth, as to the date of birth shown on their records
  8. Naturalization record
  9. Immigration papers

If you are unable to provide proof according to 1-9 above cannot be provided, submit a photocopy of two of the following documents:

  1. Military record
  2. Passport
  3. School record, certified by the custodian of such record
  4. Vaccination record, certified by the custodian of such record
  5. Insurance policy application that shows the age or date of birth
  6. Marriage records showing date of birth or age (application for marriage license or church record, certified by the custodian of such record or marriage certificate)
  7. Other evidence such as signed statements from persons who have knowledge of the date of birth.

Proof of Name Change

A photocopy of one of the following:

  1. Marriage or other court records showing birth name and present name (If a person has had more than one name change, records submitted must reflect all name changes.)
  2. Name Change Affidavit (KPERS-40NC) or other notarized affidavit from a parent listing all name changes
  3. Request for Member Information Change form (KPERS-12) signed and submitted to KPERS by designated agent at the time of the name change will be acceptable for name changes occurring during employment.

If you are unable to provide proof according to 1-3 above, submit a photocopy of two of the following documents:

  1. Name Change Affidavit (KPERS-40NC) or other notarized affidavit from two persons declaring that the persons have known the applicant by all names in question

  2. Birth documents of natural child if document shows both the given name and the married name

  3. Other documents showing both names in question such as school records, medical records, insurance policy application, etc.

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Final Average Salary

Calculating Final Average Salary

The Retirement System calculates retirement benefits using a formula set by state law. Final average salary is one of the factors in the formula.

If the employee's membership date is July 1, 1993 or later, or any agency that affiliated with KPERS after January 1, 1994, the final average salary is:

  • A three-year salary average excluding additional compensation*, which is based on the highest 12 annualized quarters of compensation. No additional add-on pay should be reported.

If the employee’s membership date was prior to July 1, 1993 , or for non-school, if the employee was in their "year of service" prior to membership in a KPERS covered position on July 1, 1993, the final average salary is the higher of:

  • A four-year salary average including any additional compensation*, which is based on the highest 16 annualized quarters of compensation, or
  • A three-year salary average excluding additional compensation*, which is based on the highest 12 annualized quarters of compensation.

KPERS will calculate both the three-year and the four-year average, and use whichever is higher to calculate the member’s retirement benefit. If add-on pay is included in the final average salary, it is spread over all the days that the member worked in the calendar year prior to the member’s termination date. It is not credited only to the quarter in which it is paid.

*Additional Compensation or "add-on pay" is compensation from the employer for unused sick leave, vacation or annual leave, holiday pay, etc.

The Retirement System uses a member’s original hire date if transferring to an agency from a prior KPERS employer and the member has not withdrawn his or her KPERS contributions.

The Retirement System annualizes earnings to calculate a final average salary. A member’s annual compensation as provided by the employer is divided into four equal quarters. The computer selects from a member’s compensation history the highest 16 or 12 quarters, which then forms the basis of final average salary.

Final Average Salary "Spike" Law

Employers sometimes pay a member for accumulated sick leave, vacation or annual leave, severance pay, etc. These payments often increase a member’s final average salary.

The "Spike" law places the actuarial liability for certain payments on the participating employer. According to K.S.A. 74-49,126, employers are responsible when add-on payments for accumulated sick leave, vacation or annual leave, severance pay, etc. increase a member’s final average salary by more than 15 percent. The employer must pay the Retirement System a lump sum equal to the actuarial liability for benefits payable because of the amount over 15 percent. The employer may amortize the actuarial payments over a maximum of 15 years.

Final Average Salary "Cap" Law

K.S.A. 74-4902(9) states that if a member’s compensation used in calculating his or her final average salary is more than 15 percent higher than the preceding year, the amount which exceeds the 15 percent will not be included in compensation.

Examples of compensation that are subject to cap:

  • Part-time members who stay in the same position and whose salary is over the 15 percent because they work more hours (not overtime hours)
  • Pay raises over 15 percent
  • Bonuses over 15 percent

Member contributions on the amount of such increase that exceeds 15 percent will be returned to the member.

Compensation not subject to cap

  • Compensation for accumulated sick leave or annual leave
  • Increase in compensation due to reclassification to a higher range or level.
  • Increase in compensation from any contract entered into before July 1, 1991, and still in force on July 1, 1991, because of an early retirement incentive program.

Examples of compensation that are not subject to cap

  • 15 percent increases for overtime
  • Teachers who have additional contracts for additional duties

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Calculating Retirement Benefits

Final average salary x percentage x years of service = annual benefit at normal retirement age

Example: $30,000 x 1.75% x 30 = $15,750 annual benefit

KPERS and Correctional KPERS Percentages

  • 1.75 percent for participating service
  • 1 percent or 0.75 percent for prior service (time worked for an employer before its affiliation with KPERS)

Judges Percentages

  • For those who became a member on or after July 1, 1987, the percentage multiplier is 3.5 percent to a maximum of 70 percent of final average salary.
  • For those who became a member before July 1, 1987, the percentage multiplier is 5 percent up to ten years and 3.5 percent for each additional year, to a maximum of 70 percent of final average salary.

Monthly Benefit Estimates

You can calculate an estimate online. It will be helpful to have a member’s most-recent annual statement information for reference. You can also download the Benefit Estimate Request form (KPERS-15E), and we can do it for you.

KPERS provides up to two estimates per year for each member within five years of retirement. He or she must complete a KPERS-15E form for each estimate request. Compensation from regular pay and compensation from sick and annual leave must be reported on separate lines. Incomplete KPERS-15E forms will be returned along with a new form to be submitted.

Estimates that the Retirement System calculates are “just estimates” and are based on information provided on the KPERS-15E form. Actual retirement benefits are calculated at retirement. If there is a discrepancy between an estimate and the actual monthly benefit amount, the benefit will be paid in accordance with applicable laws and regulations.

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Retirement Options

First a member must decide whether to receive his or her entire retirement benefit in monthly payments or, at the start of retirement, take part of his or her retirement benefit in an up-front, lump-sum payment and receive the balance of the benefit in reduced monthly payments.

Partial Lump Sum Option

A member receives a single lump-sum equal to a given percentage of his or her lifetime benefit’s actuarial present value. The member will then receive the rest of his or her retirement benefit in reduced, regular monthly payments.

PLSO Payment Amounts

The PLSO is available in 10, 20, 30, 40 or 50 percent amounts. The percentage a member selects determines the size of the lump sum and the resulting decrease in his or her monthly benefit amount. For example, a 40 percent PLSO payment would result in a single lump-sum payment equal to 40 percent of the actuarial present value of a member’s lifetime benefit, along with a permanent 40 percent reduction in the regular monthly payments.

PLSO Taxes

PLSO payments are taxable income under federal law unless directly rolled over into an eligible retirement account. KPERS is required to withhold 20 percent for federal income tax if a member receives the money directly. State taxes may also apply. While the State of Kansas does not tax KPERS benefits as a general rule, Kansas income tax may apply when a member takes PLSO money out of an account to which he or she has rolled it over.

For additional tax information on the PLSO, contact a tax consultant or review the Internal Revenue Service’s Publication 575, Pension and Annuity Income, available on the IRS web site, www.irs.gov.

PLSO and Future Benefit Increases

Cost-of-living increases are based on the amount of a member’s monthly benefit. Any future increases would be based on the reduced monthly benefit at the time of the increase.

Maximum Monthly Benefit Option

Once a member has decided whether or not to take the PLSO, KPERS will establish a maximum monthly benefit amount. A member can choose to stay with this maximum monthly benefit amount without any additional options. He or she will receive a payment each month for this same amount until death, plus any cost of living adjustments. A beneficiary will receive the balance of any remaining contributions. No continued benefit after death.

Joint-Survivor Options

A member can provide a monthly benefit for someone after he or she dies by choosing a joint-survivor option. His or her regular monthly payments will be reduced, allowing for continued payment after death for the rest of a survivor’s life. The higher the survivor’s benefit payment is, the lower the member’s will be during retirement. Age difference is also a factor.

50 Percent Joint-Survivor Benefit

A member will receive approximately 91 percent of the maximum monthly benefit, adjusted for age difference. A survivor will receive 50 percent of the reduced monthly benefit for his or her lifetime after a member’s death.

75 percent Joint-Survivor Benefit

A member will receive approximately 87 percent of maximum monthly benefit, adjusted for age difference. A survivor will receive 75 percent of the reduced monthly benefit for his or her lifetime after a member’s death.

100 Percent Joint-Survivor Benefit

A member will receive approximately 83 percent of the maximum monthly benefit, adjusted for age difference. A survivor will receive 100 percent of the reduced monthly benefit for his or her lifetime after a member’s death.

Pop-Up Feature

If the person a member chooses to receive a benefit after his or her death dies before the member, the option is canceled. The monthly benefit will then increase to the original maximum monthly benefit amount. This is called the “pop-up feature.” A member cannot name someone else to receive the benefit.

Life-Certain Options

A life-certain option may better fit a member’s needs if:

  • There is a significant difference in age between a member and his or her beneficiary
  • A member needs to be able to change beneficiaries during retirement
  • A member wants to have more than one beneficiary

With a life-certain option a member will receive a reduced benefit for life. If he or her dies within the guaranteed period of time from his or her retirement date, a beneficiary will receive the same monthly benefit for the rest of the guaranteed period.

A member can change beneficiaries at any time, and he or she can have any number of beneficiaries at once. They will equally share the benefit for the remaining time period.

Life-certain options:

  • five-year: benefit is reduced to 98 percent
  • ten-year: benefit is reduced to 95 percent
  • 15-year: benefit is reduced to 88 percent

Life-Certain Option - An example

Mary has a maximum monthly benefit of $1,000. She chooses the ten-year life-certain option. She receives $950 monthly for the rest of her life, no matter how long she lives.
Mary dies seven years after she retires. As her chosen beneficiary, Mary’s daughter will receive $950 monthly for three more years.

Mary’s seven years plus her daughter’s three years total the ten years Mary was guaranteed.

If Mary had two daughters named as beneficiaries at the same time, they would share the $950 monthly and each would receive $475 for the three years.

Spousal Consent Law

If a member selects a retirement benefit option under which the member’s spouse would receive less than one-half of the member’s monthly retirement benefit when the member dies, the Retirement System must have the spouse’s notarized signature on file. This will signify the spouse’s acknowledgment of the retirement benefit option the member has chosen. Also, the member chooses the PLSO, the spouse’s signature is required.

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Death Benefit

Retirees have a $4,000 death benefit payable to their beneficiaries regardless of what payment option they choose.

Retirees can name a funeral establishment (instead of a person, estate or trust) as the death benefit beneficiary. Under federal tax law, the $4,000 death benefit is taxable income to the beneficiary. If the retiree chooses to name a funeral establishment instead of an individual as beneficiary, the $4,000 will go directly to the establishment and no individual will be taxed.

An original death certificate is required. The Retirement System cannot accept photocopies.

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Tax Information

Retirement benefits are not subject to Kansas income tax. Most retirement benefits will be subject to federal taxes. If the member made contributions to the Retirement System before July 1, 1984, or has paid for a service purchase with post-tax dollars, part of the member’s pension will not be taxable under federal law. Federal law allows the member to "recover" tax-free, those contributions the member made on a post-tax basis, and regulates the rate at which the member makes this recovery.

Federal Withholding

When a retiree’s monthly retirement benefit exceeds $1,560 per month, the Retirement System automatically withholds taxes based on, "married with three dependents." A retiree can change this with the Internal Revenue Service form W-4P Withholding for Pension Payments.

When the retiree’s monthly retirement benefit is under $1,560 per month, the Retirement System does not withhold deductions for federal taxes. A retiree can change this with the Internal Revenue Service form W-4P Withholding for Pension Payments.

If a retiree elects not to have taxes withheld or not enough is withheld, the retiree may have to pay estimated taxes during the year. If estimated taxes are due but not paid, the retiree will have penalties to pay at the end of the year. The retiree’s decision on withholding is an important one. Members should consult a qualified tax consultant.

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Working After Retirement

30-Day Waiting Period

A member must wait 30 days after his or her retirement date to go back to work for any Retirement System employer. The member's retirement date is not the last day at his or her employer. It is usually the first day of the month following the member's last day at work.

To calculate the 30-day waiting period, count the day after the member's retirement date as day one.

Example
If the member's retirement date is July 1, July 2 is day one and the member cannot begin employment with any Retirement System employer until August 1.

 

Reporting Retiree Employment and Making Contributions

Designated agents need to report most KPERS retirees who work for their employer. Complete a Report of Employment for KPERS Retirees (KPERS-1R) within ten days anytime an employee meets the following criteria:

If employee retired from your employer

  • Report all retirees, no matter what position they are filling (except "daily-call" K-12 substitute teachers). The employer does not make "working after retirement" contributions for these employees.

If employee retired from a different KPERS employer

  • Report any retiree working in a position that would otherwise be a KPERS-covered position. For retirees who began employment on or after July 1, 2006, employers need to make contributions based on the "working after retirement" rate. KPERS will send a rate letter each year detailing this rate.

For further details, please refer to the following designated agent memos:

  • June 9, 2006: New Procedures for Reporting Retiree Employment and Making Contributions
  • April 21, 2006: New Rules for Working After Retirement

 

Earnings Limit

Retirees have an annual earnings limit of $20,000 if they:

  1. Retired on or after July 1, 1988, and
  2. Go back to work for the same employer they worked for during their last two years of KPERS participation.

Example
If a member retires July 1, he or she can earn $20,000 for the period of August 1 through December 31. He or she will then start the new year with a limit of $20,000 for the period of January 1 through December 31. The $20,000 limit will continue each year as long as he or she is working for the same employer.

If a retiree reaches the $20,000 limit before the end of the year he or she can:

  • Continue working and stop receiving KPERS retirement benefits for the rest of the calendar year. Benefits will begin again with the January payment for the following year.
  • Stop working and continue receiving KPERS retirement benefits for the rest of the calendar year.

Complete a KPERS Retiree Earnings Limit form (KPERS-15S) for employees who reach the $20,000 annual earnings limit.

 

Special Exceptions to the Earnings Limit

Retirees returning to work in some positions are exempt from the earnings limit:

  • Certain legislative support staff
  • "Daily call" K-12 substitute teachers - Daily call substitutes are teacher temporary and paid on a daily basis for their services. They are not required to work every day. The earnings limit does apply to long-term substitutes under contract.
  • Licensed nurses at certain State institutions - Employers make employer contributions at the actuarial rate. Eligible employees include KPERS retirees who retire under "Normal Age Retirement."

Normal age retirement includes:

  • Age 65 with ten years of service
  • Age 65 with one year of service
  • Any age when age and years of service equal 85 points

These retirees can earn any amount without an earnings limit until the Legislature lifts the exemption.

Any retirees who retire under "Early Retirement" (i,e. age 55 with ten years of service) after April 18, 2005, are not eligible and they will continue to have the $20,000 earnings limit.

Eligible Employers:

    • Atchison Juvenile Correctional Facility
    • Beloit Juvenile Correctional Facility
    • Kansas Juvenile Correctional Complex
    • Kansas Neurological Institute
    • Kansas Soldiers' Home
    • Kansas Veterans' Home
    • Larned State Hospital
    • Larned Juvenile Correctional Facility
    • Osawatomie State Hospital
    • Parsons State Hospital and Training Center
    • Rainbow Mental Health Facility
    • Topeka Juvenile Correctional Facility

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