CONFERENCE COMMITTEE REP. 80

Honolulu, Hawaii

, 2003

RE: S.B. No. 1309

S.D. 2

H.D. 2

C.D. 1

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 1309, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to:

(1) Clarify to whom monthly pensions are payable upon the death of the pensioner;

(2) Allow the Employees' Retirement System (ERS) Board of Trustees (Board) to set the salary of the ERS Administrator without specific limitations;

(3) Require the effective date of retirement to be the first day of the month or the last day of the year for a judge or elective officer who retires after attaining the seventy-five per cent benefit limitation;

(4) Correct statutory references within section 88-74, Hawaii Revised Statutes (HRS), to correspond to the appropriate subsections of section 88-81, HRS; and

(5) Restore the method used to calculate a member's average final compensation prior to the enactment of Act 128, Session Laws of Hawaii 2002.

Your Committee on Conference finds that certain groups of employees were adversely affected by Act 128, Session Laws of Hawaii 2002, which amended the methods of calculation of a retiree's average final compensation. Your Committee on Conference also finds that the restoration of the previous method of calculating a retiree's average final compensation is necessary to address the current concerns of these retirees.

Additionally, in an effort to maintain fiscal awareness and responsibility, your Committee on Conference has amended this measure by requiring the ERS Board to set the ERS administrator's salary at not more than that of the Governor, as established under section 26-51, HRS.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 1309, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 1309, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________

MARCUS R. OSHIRO, Co-Chair

____________________________

BRIAN KANNO, Chair

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BOB NAKASONE, Co-Chair

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BRIAN T. TANIGUCHI, Co-Chair