AGO 1989-018.

• Case Date: February 21, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-018. February 21, 1989ATTORNEY GENERAL OPINION NO. 89-18David G. Shriver Attorney for U.S.D. # 418 100 South Main P.O. Box 1313 McPherson, Kansas 67460 Re: Schools--Miscellaneous Provisions--Early Retirement Incentive Programs; Incentive Payments Exceeding One Year Synopsis: The statutes authorizing early retirement incentive program do not limit an agreement for such benefits to a one-year period. If the program is part of a negotiated contract between a board of education and a professional employees' organization the terms of which exceed a one-year period, then the program is not in conflict with the continuing contract law for teachers. Cited herein: Cited herein: K.S.A. 72-5395; 72-5396; 72-5411; K.S.A.1988 Supp. 72-5423(d). * * * Dear Mr. Shriver: As attorney for the Board of Education of U.S.D. No. 418, you have requested our opinion regarding teachers' contracts. Specifically, you ask whether an early retirement incentive program for teachers which extends payments of benefits over a period of greater than one year may be included in a negotiated agreement between a board of education of a unified school district and the teachers' professional organization. Early retirement incentive programs are authorized by K.S.A. 72-5395. These programs lessen the penalty under the federal insurance contributions act or under the Kansas public employees retirement system for early retirement by allowing either a lump sum payment or regular payments during the fiscal year. Boards of education are given broad discretion to budget and expend funds necessary for early retirement programs. K.S.A. 72-5396. The question you raise involves a proposed provision in the negotiated agreement which allows teachers to announce their early retirement plan prior to the year of their intended early retirement date. The incentive payments would begin at the time the early retirement is announced, even though the teacher continues his or her duties. You state that a similar program is already in effect for school administrators. Even though a...