Judge Orders KPERS to Recalculate Bruce Benefits
A Shawnee County judge ruled the Kansas Public Employees Retirement System must recalculate retirement benefits for former Kansas Highway Patrol Superintendent Mark Bruce.
Updated on Nov. 4, 2026 in Retirement Planning
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On Oct. 1, 2025, Shawnee County District Judge Thomas G. Luedke ruled that KPERS must recalculate the retirement benefits of former Kansas Highway Patrol Superintendent Mark Bruce. The order directs KPERS to retroactively increase Bruce's benefits from 80% to 90% of his final average salary.
Why it matters
The ruling reverses KPERS's earlier denial of Bruce's 2024 recalculation request and affects how a state pension is calculated for a retiree with a contested employment history. Judge Luedke found that KPERS misinterpreted or misapplied the governing laws and that Bruce was denied due process when he was not offered the option of returning to his prior rank of major.
The ruling sets Bruce's benefit at 90% of a $122,420.97 final average salary across 32 years of service, up from 80%. The exact recalculated monthly amount has not yet been determined, and the court retains jurisdiction over any disputes arising from the recalculation.
The players
Kansas Public Employees Retirement System (KPERS)
KPERS is the state agency that administers retirement benefits for Kansas public employees, and it was ordered to recalculate Bruce's pension.
Thomas G. Luedke
Luedke is a Shawnee County District Judge who issued the ruling requiring KPERS to recalculate Bruce's retirement benefits.
Mark Bruce
Bruce is a former Kansas Highway Patrol superintendent who was forced to resign in 2019 and is the retiree at the center of the benefit dispute.
The details
Bruce was forced to resign as KHP superintendent on March 28, 2019, amid allegations his handling of sexual misconduct and domestic violence scandals was deficient, and he retired effective May 1, 2019, with a monthly benefit of $7,581.94. After a federal judge ordered his reinstatement as a major in July 2024, Bruce resigned from that post under a severance agreement, and KPERS later denied his benefit recalculation request, a decision it adopted in January 2025 before Bruce filed for judicial review in February 2025.
Timeline
March 28, 2019: Bruce forced to resign as Kansas Highway Patrol superintendent.
May 1, 2019: Bruce retires with 32 years of service.
July 12, 2024: Federal judge orders Bruce reinstated with the rank of major.
Aug. 22, 2024: Severance agreement reached with the state.
Oct. 1, 2025: Shawnee County judge rules KPERS must recalculate benefits.
Legal Context
The decision turns on how Kansas statutes govern benefit calculations for public employees whose service ended under disputed circumstances, a question that KPERS had resolved against Bruce. Because the court found KPERS misapplied those rules, the ruling may guide how the agency treats similar retirement claims going forward.
Public employees whose retirement benefits are later disputed may see their pension percentage change after a court review, which affects long-term retirement income. Retirees with service-end disputes should confirm how their final average salary and benefit percentage are calculated.
The takeaway
Pension benefit calculations can change after legal review, so retirees and current employees should understand how their final average salary and service years determine their monthly payout. Keeping records of employment separations and benefit statements can help if a recalculation question arises.
Further reading
For more on how pension benefits are set, see Retirement Planning coverage.
Source note: This article includes information reported by Topeka Capital-Journal.
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