Notwithstanding the provisions of K.S.A. 74-4914 to the contrary, the board of trustees of the Kansas public employees retirement system, upon presentation of satisfactory evidence, may delay the recovery of any benefits inadvertently paid to a retirant while serving as an elected official of any county of the state of Kansas if there is no evidence of fraud or misconduct on the part of the retirant. The recovery may be delayed until the retirant is no longer serving as an elected official. Such repayment may be made by the reduction of future benefits, upon the advice of the actuary, to an amount which is the actuarial equivalent of the amount which would be payable to said retirant after he is no longer an elected official. If the retirant should die before the amount of overpayment is recovered the balance due shall constitute a first-class claim against the estate of said deceased retirant.
K.S.A. 74-4924a