REPORT TITLE:
Deferred Comp.; DHRD to ERS


DESCRIPTION:
Transfers deferred compensation plan to the employees' retirement
system from the department of human resources development.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2706
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO DEFERRED COMPENSATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 88E, Hawaii Revised Statutes, is amended
 
 2 by amending sections 88E-3, 88E-4, and 88E-5 to read as follows:
 
 3      "[[]88E-3[]] Board of trustees.  The authority to establish
 
 4 the plan and make this chapter effective is vested in the board
 
 5 of trustees.  The board shall be placed within the [department of
 
 6 human resources development] employees' retirement system of the
 
 7 State of Hawaii for administrative purposes.
 
 8      The board shall adopt such rules to carry out this chapter
 
 9 in accordance with chapter 91.  The board may engage services, as
 
10 necessary, to establish, administer, or maintain the plan under
 
11 its direction.  An administrator may be engaged only after a
 
12 solicitation of proposals from interested persons in accordance
 
13 with specifications deemed appropriate by the board.
 
14      §88E-4 Composition of the board of trustees.  The board of
 
15 trustees shall consist of seven members as follows:
 
16      (1)  The [director of human resources development of the
 
17           State] chairperson of the board of trustees of the
 
18           employees's retirement system, who shall serve as its
 
19           chairperson;
 

 
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 1      (2)  The director of finance [of the State] or a designated
 
 2           representative, ex officio; and
 
 3      (3)  Five other persons, three of whom shall be public
 
 4           employees and represent employee interests.
 
 5      §88E-5 Appointment and terms.  Except for the [directors of
 
 6 human resources development and] chairperson of the employees'
 
 7 retirement system and the director of finance, the members of the
 
 8 board shall be nominated and, by and with the advice and consent
 
 9 of the senate, appointed by the governor and shall serve terms of
 
10 four years each; provided that of the trustees first appointed
 
11 upon establishment of the board one shall be appointed for one
 
12 year, one shall be appointed for two years, one shall be
 
13 appointed for three years, and two shall be appointed for four
 
14 years.
 
15      A vacancy on the board shall be filled by appointment of the
 
16 governor.  The person appointed to fill a vacancy shall serve for
 
17 the remainder of the unexpired term.  If by the end of a term a
 
18 trustee is not reappointed or a successor is not appointed, the
 
19 trustee shall serve until the trustee's successor is appointed.
 
20      Membership on the board shall not be deemed incompatible
 
21 with the holding of any other public employment."
 
22      SECTION 2.  All officers and employees including the board
 
23 of trustees under chapter 88E, Hawaii Revised Statutes, shall be
 

 
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 1 transferred with their functions to the employees' retirement
 
 2 system to which they shall be administratively attached, and
 
 3 shall continue to perform their regular duties upon their
 
 4 transfer, subject to the state personnel laws and this Act.
 
 5      No officer or employee of the State having tenure shall
 
 6 suffer any loss of salary, seniority, prior service credit,
 
 7 vacation, sick leave, or other employee benefit or privilege as a
 
 8 consequence of this Act, and such officer or employee may be
 
 9 transferred or appointed to a civil service position without the
 
10 necessity of examination; provided that the officer or employee
 
11 possesses the minimum qualifications for the position to which
 
12 transferred or appointed; and provided that subsequent changes in
 
13 status may be made pursuant to applicable civil service and
 
14 compensation laws.
 
15      An officer or employee of the State who does not have tenure
 
16 and who may be transferred or appointed to a civil service
 
17 position as a consequence of this Act shall become a civil
 
18 service employee without the loss of salary, seniority, prior
 
19 service credit, vacation, sick leave, or other employee benefits
 
20 or privileges and without the necessity of examination; provided
 
21 that such officer or employee possesses the minimum
 
22 qualifications for the position to which transferred or
 
23 appointed.
 

 
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 1      In the event that an office or position held by an officer
 
 2 or employee having tenure is abolished, the officer or employee
 
 3 shall not thereby be separated from public employment, but shall
 
 4 remain in the employment of the State with the same pay and
 
 5 classification and shall be transferred to some other office or
 
 6 position for which the officer or employee is eligible under the
 
 7 personnel laws of the State as determined by the head of the
 
 8 department of human resources development or the Governor.
 
 9      SECTION 3.  All appropriations, records, equipment,
 
10 machines, files, supplies, contracts, books, papers, documents,
 
11 maps, and other personal property heretofore made, used,
 
12 acquired, or held by the board of trustees under chapter 88E,
 
13 Hawaii Revised Statutes, which board was attached to the
 
14 department of human resources management, shall be transferred to
 
15 the employees' retirement system for administrative purposes.
 
16      SECTION 4.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 5.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:  _______________________