STAND. COM. REP. 2491

Honolulu, Hawaii

, 2004

RE: S.B. No. 3226

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Labor, to which was referred S.B. No. 3226 entitled:

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

begs leave to report as follows:

The purpose of this measure is to allow the surviving spouse or surviving reciprocal beneficiary of a police officer, firefighter, deputy sheriff, or public safety officer to continue to receive pension and other retirement benefits, resulting from their former spouse's employment, upon remarriage, marriage, or entry into a new reciprocal beneficiary relationship.

Testimony in support of this measure was submitted by the Honolulu Police Department, the State of Hawaii Organization of Police Officers, Concerns of Police Survivors, Hawaii Chapter, and an individual.

Testimony in opposition to this measure was submitted by the Department of Human Resources for the City and County of Honolulu.

Comments on this measure were also submitted by the Department of Budget and Finance and the Employees' Retirement System (ERS).

Your Committee finds that Hawaii's law enforcement and public safety officers are among the finest and bravest officers in the nation. Your Committee further finds that these individuals are only able to effectively protect and serve our communities with the support of their families. Due to the nature of their positions, law enforcement and public safety officers are exposed to considerable hazards, often work irregular hours, and are faced with a great deal of stress which can put a strain on their home life. Your Committee determines that the sacrifices of not only the law enforcement and public safety officers, but also the families, should not go unrecognized. Upon the death of a law enforcement or public safety officer, the family is faced with numerous difficulties, with the main objective being to continue to move on with their lives, especially when there are surviving minor children involved. Therefore, the surviving spouse or surviving reciprocal beneficiary should not be stripped of the deceased law enforcement or public safety officer's retirement benefits due to remarriage, marriage, or entry into a new reciprocal beneficiary relationship.

Accordingly, your Committee has amended the measure by:

(1) Adding a new definition for "public safety officer";

(2) Clarifying that excluded from restrictions on pensions are benefits payable to beneficiaries or retirants of the ERS under parts II and VII of chapter 88, Hawaii Revised Statutes;

(3) Clarifying that payments to surviving children under eighteen will not be made unless the surviving spouse or surviving reciprocal beneficiary dies;

(4) Deleting the amendment allowing a surviving spouse or surviving reciprocal beneficiary to continue to collect retirement benefits upon the ordinary death of a law enforcement or public safety officer, as such amendment was not in line with the intent of the measure; and

(5) Making technical, nonsubstantive changes for purposes of clarity and consistency.

As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 3226, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 3226, S.D. 1, and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Labor,

____________________________

BRIAN KANNO, Chair