Kansas Attorney General Opinion 1992-131

ROBERT T. STEPHAN
ATTORNEY GENERAL
October 14, 1992
ATTORNEY GENERAL OPINION NO. 92- 131
Meredith Williams
Executive Secretary
Kansas Public Employees Retirement System
Capitol Tower, Suite 200
400 S.W. 8th
Topeka, Kansas 66603-3925
Re: State Boards, Commissions and Authorities--Public
Employees Retirement Systems; State School
Retirement System Merger Into KPERS--Eligible
Employees; Definition
Synopsis: K.S.A. 1991 Supp. 74-4902 and 74-4932 clearly
require that a person be employed in a position
requiring 1,000 hours of work per year in order for
that person to be considered an eligible employee
under KPERS. If a person does not meet this
qualification, the person may not participate in
KPERS. Cited herein: K.S.A. 1991 Supp. 74-4902;
74-4911, as amended by L. 1992, ch. 321, § 6;
K.S.A. 74-4931; K.S.A. 1991 Supp. 74-4932; 74-4935.
Dear Mr. Williams:
As executive secretary for the Kansas public employees
retirement system (KPERS), you request our opinion regarding
whether certain persons employed by a unified school district
may become members of KPERS. These persons generally work for
up to 20 hours a week during the school term, but may not work
for 1,000 hours per year. Examples of such employment are
school bus drivers and school cooks.

Pursuant to K.S.A. 74-4931, public school districts are
expressly included as eligible employers as defined in K.S.A.
1991 Supp. 74-4902. Those employees of the school district
who are eligible to become members of KPERS are set forth in
K.S.A. 1991 Supp. 74-4911, as amended by L. 1992, ch. 321, S
6 and K.S.A. 1991 Supp. 74-4935. The ability to become a
member of KPERS is based upon the person's status as an
employee of the school district. Employee is defined in
K.S.A. 1991 Supp. 74-4932(4) as:
"[A]ny employee of a participating
employer which is an eligible employer as
specified in K.S.A. 74-4931 and amendments
thereto, whose employment is not seasonal
or temporary and whose employment requires
at least 1,000 hours of work per
year. . . ."
A similar definition for employee is set forth in K.S.A. 1991
Supp. 74-4902, also requiring that the employment not be
seasonal or temporary and require at least 1,000 hours of work
per year.
A fundamental rule of statutory construction is that the
intent of the legislature governs when the intent can be
ascertained from the statute. Steele v. City of Wichita,
250 Kan. 524, 529 (1992). In construing a statute, courts are
not justified in disregarding the clear intent of the statute
appearing from its plain and unambiguous language. Boaldin
v. University of Kansas, 242 Kan. 288, 291 (1987). When a
statute is clear and unambiguous, it must be applied
accordingly without judicial construction. Capital Electric
Line Builders, Inc. v. Lennen, 232 Kan. 379, Syl. n 4
(1982); Batt v. Globe Engineering Co., 13 Kan.App.2d 500,
503 (1989).
K.S.A. 1991 Supp. 74-4902 and K.S.A. 1991 Supp. 74-4932
clearly require that a person be employed in a position
requiring 1,000 hours of work per year in order for that
person to be considered an eligible employee under KPERS. If
a person does not meet this qualification, the person may not
participate in KPERS. Therefore, a person employed by a

unified school district who works less than 1,000 hours per
year may not become a member of KPERS.
Very truly yours,
ROBERT T. STEPHAN
Attorney General of Kansas
Richard D. Smith
Assistant Attorney General
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