REPORT TITLE:
ERS; Deputy Sheriff


DESCRIPTION:
Allows a deputy sheriff to retire if that person has at least 10
years of credited service, the last five of which are credited as
deputy sheriff.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           968
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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.  The legislature finds that deputy sheriffs in
 
 2 the department of public safety perform many duties similar to
 
 3 those performed by police officers, including the power of
 
 4 arrest.  The risks attendant to this position are similar to the
 
 5 risks faced by other state and county law enforcement officers.
 
 6 In view of these similarities it is the purpose of this Act to
 
 7 provide deputy sheriffs with the same retirement rights and
 
 8 benefits as police officers, firefighters, and other similarly
 
 9 situated positions.
 
10      SECTION 2.  Section 88-74, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§88-74  Allowance on service retirement.  Upon retirement
 
13 from service, a member shall receive a retirement allowance as
 
14 follows:
 
15      (1)  If the member has attained age fifty-five, a retirement
 
16           allowance of two per cent of the member's average final
 
17           compensation multiplied by the total number of years of
 
18           the member's credited service as a class A and B
 
19           member, excluding any credited service as an elective
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1           officer or legislative officer, plus a retirement
 
 2           allowance of one and one-fourth per cent of the
 
 3           member's average final compensation multiplied by the
 
 4           total number of years of prior credited service as a
 
 5           class C member; provided that:
 
 6           (A)  After June 30, 1968, if the member has at least
 
 7                ten years of credited service of which the last
 
 8                five or more years prior to retirement is credited
 
 9                service as a firefighter, police officer, or an
 
10                investigator of the department of the prosecuting
 
11                attorney;
 
12           (B)  After June 30, 1977, if the member has at least
 
13                ten years of credited service of which the last
 
14                five or more years prior to retirement is credited
 
15                service as a corrections officer;
 
16           (C)  After June 16, 1981, if the member has at least
 
17                ten years of credited service of which the last
 
18                five or more years prior to retirement is credited
 
19                service as an investigator of the department of
 
20                the attorney general;
 
21           (D)  After June 30, 1989, if the member has at least
 
22                ten years of credited service of which the last
 
23                five or more years prior to retirement is credited
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1                service as a narcotics enforcement investigator; 
 
 2           (E)  After December 31, 1993, if the member has at
 
 3                least ten years of credited service of which the
 
 4                last five or more years prior to retirement is
 
 5                credited service as a water safety officer; [and]
 
 6           (F)  After June 30, 1994, if the member has at least
 
 7                ten years of credited service, of which the last
 
 8                five or more years prior to retirement are
 
 9                credited service as a public safety investigative
 
10                staff investigator; and
 
11           (G)  After June 30, 1999, if the member has at least
 
12                ten years of credited service, of which the last
 
13                five or more years prior to retirement are
 
14                credited service as a deputy sheriff;
 
15           then for each year of service as a firefighter, police
 
16           officer, corrections officer, investigator of the
 
17           department of the prosecuting attorney, investigator of
 
18           the department of the attorney general, narcotics
 
19           enforcement investigator, water safety officer, [or]
 
20           public safety investigations staff investigator, or
 
21           deputy sheriff, the retirement allowance shall be two
 
22           and one-half per cent of the member's average final
 
23           compensation.  The maximum retirement allowance for
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1           those members shall not exceed eighty per cent of the
 
 2           member's average final compensation.  If the member has
 
 3           not attained age fifty-five, the member's retirement
 
 4           allowance shall be computed as though the member had
 
 5           attained age fifty-five, reduced in accordance with
 
 6           factors of actuarial equivalence adopted by the board
 
 7           upon the advice of the actuary; provided that no
 
 8           reduction shall be made if the member has at least
 
 9           twenty-five years of credited service as a firefighter,
 
10           police officer, corrections officer, investigator of
 
11           the department of the prosecuting attorney,
 
12           investigator of the department of the attorney general,
 
13           narcotics enforcement investigator, public safety
 
14           investigations staff investigator, sewer worker, deputy
 
15           sheriff, or water safety officer, of which the last
 
16           five or more years prior to retirement is credited
 
17           service in such capacities;
 
18      (2)  If the member has made voluntary additional
 
19           contributions for the purchase of an additional annuity
 
20           and has not applied for a refund as permitted by
 
21           section 88-72, the member may accept the refund at the
 
22           time of retirement or, in lieu thereof, receive in
 
23           addition to the retirement allowance provided in
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1           paragraph (1), an annuity that is the actuarial
 
 2           equivalent of the additional contributions with regular
 
 3           interest;
 
 4      (3)  If the member has credited service as a judge, the
 
 5           member's retirement allowance shall be computed on the
 
 6           following basis:
 
 7           (A)  Irrespective of age, for each year of credited
 
 8                service as a judge, three and one-half per cent of
 
 9                the member's average final compensation in
 
10                addition to an annuity that is the actuarial
 
11                equivalent of the member's accumulated
 
12                contributions allocable to the period of such
 
13                service; and
 
14           (B)  For all other credited service, as provided in
 
15                paragraphs (1), (2) and (4).  No allowance shall
 
16                exceed seventy-five per cent of the member's
 
17                average final compensation.  If the allowance
 
18                exceeds this limit, it shall be adjusted by
 
19                reducing the annuity included in subparagraph (A),
 
20                and the portion of the accumulated contributions
 
21                specified in that subparagraph in excess of the
 
22                requirements of the reduced annuity shall be
 
23                returned to the member.
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1           The allowance for judges under this paragraph, together
 
 2           with the retirement allowance provided by the federal
 
 3           government for similar service, shall in no case exceed
 
 4           seventy-five per cent of the member's average final
 
 5           compensation; or
 
 6      (4)  If the member has credited service as an elective
 
 7           officer or as a legislative officer, the member's
 
 8           retirement allowance shall be derived by adding the
 
 9           allowances computed separately under subparagraphs (A),
 
10           (B), (C), and (D) as follows:
 
11           (A)  Irrespective of age, for each year of credited
 
12                service as an elective officer, three and one-half
 
13                per cent of the member's average final
 
14                compensation as computed under section
 
15                88-81(d)(1), in addition to an annuity that is the
 
16                actuarial equivalent of the member's accumulated
 
17                contributions allocable to the period of service;
 
18                and
 
19           (B)  Irrespective of age, for each year of credited
 
20                service as a legislative officer, three and one-
 
21                half per cent of the member's average final
 
22                compensation as computed under section
 
23                88-81(d)(2), in addition to an annuity that is the
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1                actuarial equivalent of the member's accumulated
 
 2                contributions allocable to the period of service;
 
 3           (C)  Irrespective of age, for each year of credited
 
 4                service as a judge, three and one-half per cent of
 
 5                the member's average final compensation as
 
 6                computed under section 88-81(d)(3), in addition to
 
 7                an annuity that is the actuarial equivalent of the
 
 8                member's accumulated contributions allocable to
 
 9                the period of service; and
 
10           (D)  For each year of credited service not included in
 
11                subparagraph (A), (B), or (C), the average final
 
12                compensation as computed under section 88-81(d)(4)
 
13                shall be multiplied by two per cent, two and one-
 
14                half per cent, or one and one-quarter per cent, as
 
15                applicable to the credited service earned as a
 
16                class A, B, or C member, respectively.
 
17           The total retirement allowance shall not exceed
 
18           seventy-five per cent of the member's highest average
 
19           final compensation calculated under section
 
20           88-81(d)(1), (2), (3), or (4).  If the allowance
 
21           exceeds this limit, it shall be adjusted by reducing
 
22           any annuity accrued under subparagraphs (A), (B), and
 
23           (C) and the portion of the accumulated contributions
 

 
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                                     S.B. NO.           968
                                                        
                                                        

 
 1           specified in these subparagraphs in excess of the
 
 2           requirements of the reduced annuity shall be returned
 
 3           to the member.  If a member has service credit as an
 
 4           elective officer or as a legislative officer in
 
 5           addition to service credit as a judge, then the
 
 6           retirement benefit calculation contained in this
 
 7           paragraph shall supersede the formula contained in
 
 8           paragraph (3)."
 
 9      SECTION 3.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 4.  This Act shall take effect on July 1, 1999.
 
12 
 
13                              INTRODUCED BY:______________________