Denning v. KPERS

180 P.3d 564, 285 Kan. 1045, 2008 Kan. LEXIS 82
CourtSupreme Court of Kansas
DecidedMarch 28, 2008
Docket98,111
StatusPublished
Cited by10 cases

This text of 180 P.3d 564 (Denning v. KPERS) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Denning v. KPERS, 180 P.3d 564, 285 Kan. 1045, 2008 Kan. LEXIS 82 (kan 2008).

Opinion

180 P.3d 564 (2008)

Francis P. DENNING, Appellant,
v.
KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellee.

No. 98,111.

Supreme Court of Kansas.

March 28, 2008.

*567 Robin A. Lewis, of Olathe, argued the cause and was on the brief for appellant.

William Scott Hesse, assistant attorney general, argued the cause, and Paul J. Morrison, attorney general, was with him on the brief for the appellee.

The opinion of the court was delivered by BEIER, J.:

Plaintiff Francis P. Denning brings this appeal to challenge K.S.A.2007 Supp. 74-4957(5)'s annual earnings cap limiting the amount of retirement he may draw under the Kansas Police and Firemen's Retirement System (KP & F).

Denning began his law enforcement career in 1978, when he went to work for the Johnson County Sheriff's Department. During this employment, Denning participated in KP & F.

Between 1996 and 2002, Denning worked as the Chief of Police of Roeland Park. In 2001, Roeland Park switched from the Kansas Public Employees Retirement System (KPERS) to KP & F, and Denning's participation switched as well.

On August 8, 2002, Denning left Roeland Park to become the Undersheriff for Johnson County, where he continued to participate in the KP & F system. When he retired from that position on May 1, 2003, Denning began drawing his KP & F retirement benefits.

Denning was later elected Sheriff of Johnson County and was sworn in on January 10, 2005. Because of 74-4957(5)'s annual earnings cap, administrators of the Kansas Public Employees Retirement System (KPERS), which oversees KP & F, suspended his retirement payments. Denning reached the earnings cap in February 2005. That decision was eventually upheld by the KPERS Board and the district court.

K.S.A.2007 Supp. 74-4957(5) reads in pertinent part:

"If a retirant who retired on or after July 1, 1994, is employed, elected or appointed in or to any position or office for which compensation for service is paid in an amount equal to $15,000 or more in any one such calendar year, by the same state agency or the same police or fire department of any county, city, township or special *568 district or the same sheriff's office of a county during the final two years of such retirant's participation, such retirant shall not receive any retirement benefit for any month for which such retirant serves in such position or office. . . . Any retirant employed by a participating employer in the Kansas police and firemen's retirement system shall not make contributions nor receive additional credit under such system for such service except as provided by this section."

For a portion of the time Denning worked for the Johnson County Sheriff's Department from 1978 to 1996, the statute permitted a retirant who returned to work to elect to revoke retirement and become an active KP & F participant again, meaning he or she could contribute a portion of earnings and earn service credit. That option was added in 1987 and removed in 1994. Also in 1994, the legislature replaced what had been a 30-day limit on collection of retirement benefits after a retirant's return to work with the annual earnings cap at issue here. The amount of that cap has increased over time to the $15,000 the statute contained when this dispute arose.

Denning asserts on this appeal that the word "during" in the statute should be interpreted to mean that its earnings cap applies only if a retirant goes back to work for the same employer for which he or she worked throughout the 2 years before retirement; it is not enough if the retirant returns to work for an employer for which he or she worked at any point in the 2 years. This is a distinction with a difference for Denning because he worked only 9 months for the Johnson County Sheriff's Department in the 2 years immediately before his retirement.

Denning also asserts on this appeal that the statute, if not interpreted in the fashion he suggests, is unconstitutionally void for vagueness, violates the federal Contract Clause of Article 1, § 10 of the United States Constitution, and runs afoul of equal protection.

Interpretation of K.S.A.2007 Supp. 74-4957(5)

Although this court has previously stated that "interpretation of a statute is a necessary and inherent function of an agency in its administration or application of that statute" and that "the legal interpretation of a statute by an administrative agency that is charged by the legislature with the authority to enforce the statute is entitled to great judicial deference," Mitchell v. Liberty Mut. Ins. Co., 271 Kan. 684, Syl. ¶ 4, 24 P.3d 711 (2001), we have recently been reluctant to apply the doctrine of operative construction when faced with questions of law on undisputed facts. See Fieser v. Kansas Bd. of Healing Arts, 281 Kan. 268, 270-71, 130 P.3d 555 (2006). An agency's interpretation of a statute is not conclusive; final construction of a statute always rests within the courts. Graham v. Dokter Trucking Group, 284 Kan. 547, 554, 161 P.3d 695 (2007); Fieser, 281 Kan. at 270, 130 P.3d 555; Foos v. Terminix, 277 Kan. 687, 692-93, 89 P.3d 546 (2004).

Denning's first argument on appeal, that the Board and the district court erred in interpreting K.S.A.2007 Supp. 74-4957(5), raises a pure question of statutory interpretation, over which this court's review is unlimited. See Johnson v. KPERS, 262 Kan. 185, 188, 935 P.2d 1049 (1997).

When a statute is plain and unambiguous, the court must give effect to its express language, rather than determine what the law should or should not be. This court will not speculate on legislative intent and will not read the statute to add something not readily found in it. If the statute's language is clear, there is no need to resort to statutory construction. Graham, 284 Kan. at 554, 161 P.3d 695; Steffes v. City of Lawrence, 284 Kan. 380, 386, 160 P.3d 843 (2007).

Denning asserts that his choice of meaning for "during" is the "primary" definition, citing three dictionaries. In response, KPERS cites two dictionaries.

We acknowledge that the word "during," viewed in isolation, has more than one common and ordinary meaning. The competing dictionaries and their definitional hierarchies demonstrate this fact. However, when considered as part of the broader text of the statutory subsection, "during" is not *569 ambiguous.

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Bluebook (online)
180 P.3d 564, 285 Kan. 1045, 2008 Kan. LEXIS 82, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denning-v-kpers-kan-2008.