REPORT TITLE:
ERS - Deputy Sheriffs


DESCRIPTION:
Allows Deputy Sheriffs to retire without penalty after 25 years
of service in that capacity.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1544
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.



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

 1      SECTION 1.  Section 88-21, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Deputy sheriff":  any regularly employed member of the
 
 5 department of public safety whose principal duty is to perform
 
 6 the duties specified in section 26-14.6(f)."
 
 7      SECTION 2.  Section 88-74, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§88-74  Allowance on service retirement.  Upon retirement
 
10 from service, a member shall receive a retirement allowance as
 
11 follows:
 
12      (1)  If the member has attained age fifty-five, a retirement
 
13           allowance of two per cent of the member's average final
 
14           compensation multiplied by the total number of years of
 
15           the member's credited service as a class A and B
 
16           member, excluding any credited service as an elective
 
17           officer or legislative officer, plus a retirement
 
18           allowance of one and one-fourth per cent of the
 
19           member's average final compensation multiplied by the
 

 
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 1           total number of years of prior credited service as a
 
 2           class C member; provided that:
 
 3           (A)  After June 30, 1968, if the member has at least
 
 4                ten years of credited service of which the last
 
 5                five or more years prior to retirement is credited
 
 6                service as a firefighter, police officer, or an
 
 7                investigator of the department of the prosecuting
 
 8                attorney;
 
 9           (B)  After June 30, 1977, if the member has at least
 
10                ten years of credited service of which the last
 
11                five or more years prior to retirement is credited
 
12                service as a corrections officer;
 
13           (C)  After June 16, 1981, if the member has at least
 
14                ten years of credited service of which the last
 
15                five or more years prior to retirement is credited
 
16                service as an investigator of the department of
 
17                the attorney general;
 
18           (D)  After June 30, 1989, if the member has at least
 
19                ten years of credited service of which the last
 
20                five or more years prior to retirement is credited
 
21                service as a narcotics enforcement investigator;
 
22           (E)  After December 31, 1993, if the member has at
 
23                least ten years of credited service of which the
 

 
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 1                last five or more years prior to retirement is
 
 2                credited service as a water safety officer; and
 
 3           (F)  After June 30, 1994, if the member has at least
 
 4                ten years of credited service, of which the last
 
 5                five or more years prior to retirement are
 
 6                credited service as a public safety
 
 7                [investigative] investigations staff investigator;
 
 8           then for each year of service as a firefighter, police
 
 9           officer, corrections officer, investigator of the
 
10           department of the prosecuting attorney, investigator of
 
11           the department of the attorney general, narcotics
 
12           enforcement investigator, water safety officer, or
 
13           public safety investigations staff investigator, the
 
14           retirement allowance shall be two and one-half per cent
 
15           of the member's average final compensation.  The
 
16           maximum retirement allowance for those members shall
 
17           not exceed eighty per cent of the member's average
 
18           final compensation.  If the member has not attained age
 
19           fifty-five, the member's retirement allowance shall be
 
20           computed as though the member had attained age fifty-
 
21           five, reduced in accordance with factors of actuarial
 
22           equivalence adopted by the board upon the advice of the
 
23           actuary; provided that no reduction shall be made if
 

 
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 1           the member has at least twenty-five years of credited
 
 2           service as a firefighter, police officer, corrections
 
 3           officer, investigator of the department of the
 
 4           prosecuting attorney, investigator of the department of
 
 5           the attorney general, narcotics enforcement
 
 6           investigator, public safety investigations staff
 
 7           investigator, sewer worker, deputy sheriff of the
 
 8           department of public safety, or water safety officer,
 
 9           of which the last five or more years prior to
 
10           retirement is credited service in such capacities;
 
11      (2)  If the member has made voluntary additional
 
12           contributions for the purchase of an additional annuity
 
13           and has not applied for a refund as permitted by
 
14           section 88-72, the member may accept the refund at the
 
15           time of retirement or, in lieu thereof, receive in
 
16           addition to the retirement allowance provided in
 
17           paragraph (1), an annuity that is the actuarial
 
18           equivalent of the additional contributions with regular
 
19           interest;
 
20      (3)  If the member has credited service as a judge, the
 
21           member's retirement allowance shall be computed on the
 
22           following basis:
 
23           (A)  Irrespective of age, for each year of credited
 

 
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 1                service as a judge, three and one-half per cent of
 
 2                the member's average final compensation in
 
 3                addition to an annuity that is the actuarial
 
 4                equivalent of the member's accumulated
 
 5                contributions allocable to the period of such
 
 6                service; and
 
 7           (B)  For all other credited service, as provided in
 
 8                paragraphs (1), (2), and (4).  No allowance shall
 
 9                exceed seventy-five per cent of the member's
 
10                average final compensation.  If the allowance
 
11                exceeds this limit, it shall be adjusted by
 
12                reducing the annuity included in subparagraph (A),
 
13                and the portion of the accumulated contributions
 
14                specified in that subparagraph in excess of the
 
15                requirements of the reduced annuity shall be
 
16                returned to the member.
 
17           The allowance for judges under this paragraph, together
 
18           with the retirement allowance provided by the federal
 
19           government for similar service, shall in no case exceed
 
20           seventy-five per cent of the member's average final
 
21           compensation; or
 
22      (4)  If the member has credited service as an elective
 
23           officer or as a legislative officer, the member's
 

 
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 1           retirement allowance shall be derived by adding the
 
 2           allowances computed separately under subparagraphs (A),
 
 3           (B), (C), and (D) as follows:
 
 4           (A)  Irrespective of age, for each year of credited
 
 5                service as an elective officer, three and one-half
 
 6                per cent of the member's average final
 
 7                compensation as computed under section
 
 8                88-81(d)(1), in addition to an annuity that is the
 
 9                actuarial equivalent of the member's accumulated
 
10                contributions allocable to the period of service;
 
11                and
 
12           (B)  Irrespective of age, for each year of credited
 
13                service as a legislative officer, three and one-
 
14                half per cent of the member's average final
 
15                compensation as computed under section
 
16                88-81(d)(2), in addition to an annuity that is the
 
17                actuarial equivalent of the member's accumulated
 
18                contributions allocable to the period of service;
 
19           (C)  Irrespective of age, for each year of credited
 
20                service as a judge, three and one-half per cent of
 
21                the member's average final compensation as
 
22                computed under section 88-81(d)(3), in addition to
 
23                an annuity that is the actuarial equivalent of the
 

 
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 1                member's accumulated contributions allocable to
 
 2                the period of service; and
 
 3           (D)  For each year of credited service not included in
 
 4                subparagraph (A), (B), or (C), the average final
 
 5                compensation as computed under section 88-81(d)(4)
 
 6                shall be multiplied by two per cent, two and one-
 
 7                half per cent, or one and one-quarter per cent, as
 
 8                applicable to the credited service earned as a
 
 9                class A, B, or C member, respectively.
 
10           The total retirement allowance shall not exceed
 
11           seventy-five per cent of the member's highest average
 
12           final compensation calculated under section
 
13           88-81(d)(1), (2), (3), or (4).  If the allowance
 
14           exceeds this limit, it shall be adjusted by reducing
 
15           any annuity accrued under subparagraphs (A), (B), and
 
16           (C) and the portion of the accumulated contributions
 
17           specified in these subparagraphs in excess of the
 
18           requirements of the reduced annuity shall be returned
 
19           to the member.  If a member has service credit as an
 
20           elective officer or as a legislative officer in
 
21           addition to service credit as a judge, then the
 
22           retirement benefit calculation contained in this
 
23           paragraph shall supersede the formula contained in
 

 
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 1           paragraph (3)."
 
 2      SECTION 3.  Section 88-281, Hawaii Revised Statutes, is
 
 3 amended by amending subsection (b) to read as follows:
 
 4      "(b)  If a member has at least twenty-five years of credited
 
 5 service as a sewer worker [or as a], water safety officer, or
 
 6 deputy sheriff, of which the last five or more years prior to
 
 7 retirement is credited in such a capacity, then the sewer worker
 
 8 [or], water safety officer, or deputy sheriff shall be eligible
 
 9 to receive a normal retirement benefit unreduced for age."
 
10      SECTION 4.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 5.  This Act shall take effect upon its approval.