UNITED STATES ~~SECURITIES AND EXCHANGE COMMISSION~~

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549

FORM 8-K

CURRENT REPORT

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934

Date of Report (date of earliest event reported): ~~April~~October 2322, 2004

KS Bancorp, Inc.

(Exact Name of Registrant as Specified in Its Charter)

North Carolina

000-22734

56-1842707

(State or Other Jurisdiction

of Incorporation)

(Commission File No.)

(IRS Employer

Identification No.)

1031 N. Brightleaf Boulevard Smithfield, North Carolina		~~27577~~27522
(Address of Principal Executive Offices)		(Zip Code)

(919) 938-3101

(Registrant’s Telephone Number, Including Area Code)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

¨	Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

¨	Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)

¨	Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))

¨	Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))

KS Bancorp, Inc.

INDEX

		Page
Item 2.02 – Results of Operations and Financial Condition		3
Item 7 – Financial Statements and Exhibits		3
Item 9.01 – Financial Statements and Exhibits		3
Item 12 – Results of Operations and Financial Condition		3
Signatures		4
Exhibit 99(a) Press Release dated April 23, 2004		5
Exhibit Index		5
Exhibit 99.1 Press Release dated October 22, 2004		6

Item 72.02. ~~Financial~~Results ~~Statements~~of Operations and ~~Exhibits~~Financial Condition

~~(c)~~On ~~Exhibits~~October 22, 2004, KS Bancorp, Inc. announced third quarter earnings and declared a quarterly dividend of $0.16 per share for shareholders of record on October 25, 2004 with payment to be made on November 5, 2004.

~~(99)(a)~~A ~~Press~~copy ~~Release,~~of ~~dated~~the ~~April~~press ~~23,~~release ~~2004~~announcing the third quarter earnings and the dividend is attached hereto as Exhibit 99.1.

Item 129.01. ~~Results~~Financial ofStatements ~~Operations~~ and ~~Financial~~Exhibits ~~Condition~~

On(c) ~~April~~This ~~23,~~exhibit ~~2004,~~is KSbeing ~~Bancorp,~~provided ~~Inc.~~solely ~~announced~~for ~~first~~the ~~quarter~~purpose ~~earnings~~of ~~and~~providing ~~declared~~disclosure apursuant ~~quarterly~~to ~~dividend~~Item ~~of $0~~2.1602, ~~per~~Results ~~share for shareholders~~ of ~~record~~Operations onand ~~April~~Financial ~~22, 2004 with payment to be made on May 4, 2004~~Condition.

A(99.1) Press ~~copy~~Release of ~~the~~KS ~~press~~Bancorp, ~~release~~Inc., ~~announcing the first quarter~~dated ~~earnings~~October ~~and~~22, ~~the dividend is attached hereto as Exhibit (99)(a) and is incorporated by reference herein~~2004.

~~Disclosure~~Disclosures ~~about~~About ~~forward-looking~~Forward ~~statements~~Looking Statements

~~This~~The ~~Form~~discussions ~~8-K~~included ~~contains~~in this document and its exhibits may contain forward- looking statements within the meaning of the Private Securities Litigation Act of 1995, including Section 21E of the Securities Exchange Act of 1934 and Section 27A of the Securities Act of 1933. ~~These~~Such statements ~~are~~involve known ~~subject~~and tounknown ~~certain~~ risks, uncertainties and ~~uncertainties~~other factors that ~~could~~may cause actual results to differ materially. ~~from~~For ~~those~~the ~~anticipated~~purposes inof ~~the~~these discussions, any statements that are not statements of historical fact may be deemed to be forward- looking statements. ~~Factors~~Such ~~that~~statements ~~might~~are ~~cause~~often characterized by the use of qualifying words such aas ~~difference~~“expects,” ~~include~~“anticipates,” ~~but~~“believes,” ~~are~~“estimates,” “plans,” “projects,” or other statements concerning opinions or judgments of the Company and its management about future events. The accuracy of such forward looking statements could be affected by such factors as, including but not limited to, ~~changes~~the infinancial ~~interest~~success ~~rate~~or ~~environment,~~changing ~~management~~conditions or strategies of the Company’s ~~business~~customers ~~strategy~~or vendors, ~~national~~fluctuations in interest rates, ~~regional~~actions of government regulators, ~~and~~the ~~local~~availability ~~market~~of ~~conditions~~capital and ~~legislative~~personnel ~~and~~or ~~regulatory~~ general conditions.

Readers should not place undue reliance on forward-looking statements, which reflect management’s view only as of the date hereof. The Company undertakes no obligation to publicly revise these forward-looking statements to reflect subsequent events or circumstances. Readers should also carefully review the risk factors described in other documents the Company files from time to time with the Securities and Exchange Commission.

SIGNATURES

Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.

	KS BANCORP, INC.
Date: April 26, 2004	By:	/s/ Earl W. Worley, Jr.
Date: October 25, 2004	By:	/s/ Earl W. Worley, Jr.
		Earl W. Worley, Jr.
		Chief Financial Officer

EXHIBIT INDEX


Exhibit No.		Description
99.1		Press Release of KS Bancorp, Inc., dated October 22, 2004

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