2006 Kansas Code - 75-7416

      75-7416.   Same; transfer of officers and employees; preservation of civil service rights; conversion of vacant positions; retirement benefits, leave balances and other rights. [See Revisor's Note] (a) (1) All officers and employees of the department of social and rehabilitation services who, immediately prior to the effective date of this act, are engaged in the exercise and performance of the powers, duties and functions transferred to the division of health policy and finance or the director of health policy and finance by K.S.A. 2005 Supp. 75-7413, and amendments thereto, are transferred to the department of administration on July 1, 2005, or on a later date or dates determined by the secretary of social and rehabilitation services and the secretary of administration.

      (2)   All officers and employees of the department of social and rehabilitation services who are determined by the secretary of social and rehabilitation services and the secretary of administration to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by K.S.A. 2005 Supp. 75-7413, and amendments thereto, are transferred to the department of administration on July 1, 2005, or on a later date or dates determined by the secretary of social and rehabilitation services and the secretary of administration.

      (3)   All classified employees transferred under this subsection (a) shall retain their status as classified employees. Thereafter, except as otherwise provided by this act, the secretary of administration may convert vacant classified positions to positions that are not classified as otherwise provided by law. The positions of all officers and employees of the department of administration performing duties and functions under the Kansas program of medical assistance established in accordance with title XIX of the federal social security act, 42 U.S.C. § 1396 et seq., and amendments thereto, that are required under applicable federal law, rules and regulations, and policies to be under a merit-based personnel system, shall be in the classified service under the Kansas civil service act.

      (b)   Officers and employees of the department of social and rehabilitation services transferred by this act shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the department of social and rehabilitation services prior to the date of transfer.

      History:   L. 2005, ch. 187, § 17; July 1.