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FactFinder 12: Convicted child sex offender keeps state pension

By Brian Heap, bheap@kwch.com
Published On: May 30 2014 01:29:33 PM CDT
Updated On: May 30 2014 06:30:35 PM CDT
(WICHITA, Kan.) -

Should a convicted child sex offender collect a taxpayer funded pension?

It's a question we asked following this week's conviction of a former high ranking law enforcement officer.

As we reported, earlier this week, Kyle Smith will serve three years probation for a child sex crime.  The former deputy director of the Kansas Bureau of Investigation spent much of his career as a state prosecutor, law enforcement officer, and legal adviser.

That work makes him eligible to join the Kansas Public Employees Retirement System, KPERS.

According to a spokeswoman for KPERS, his conviction for sexual exploitation of a child, or any other felony, would have no effect on that pension.  In other words, Smith gets every penny.

FactFinder 12 learned there was a bill introduced in Topeka last session that would have changed that.  House Bill 2666 called for any public employee convicted of a felony to forfeit their pension.  It did include special provisions to protect an "innocent spouse".  There was a hearing on the bill in mid-February and it died.  There was concern HB 2666 was too broadly worded and would have included too many low-level felonies.

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