HOUSE OF REPRESENTATIVES	H.B. NO.	2395
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE HAWAII NATIONAL GUARD.

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

SECTION 1. Chapter 88, Hawaii Revised Statutes, is amended by adding to part II a new section to be appropriately designated and to read as follows:

"§88- Service of Hawaii national guard members on state active duty; exempt from mandatory enrollment. (a) Notwithstanding section 88-42 or any other applicable sections in part II, VII, or VIII, any member of the Hawaii national guard who is ordered into active duty to provide services to the State shall be excluded from membership in the system throughout the person's active duty.

(b) Notwithstanding subsection (a), any member of the system who takes a leave of absence to be on active duty in service to the State shall be entitled to all benefits and required to make all employee contributions under the system for the period during which the employee is on active duty in service to the State; provided that the contributions shall be made on the same basis as would have been required had the employee not been on leave of absence.

(c) This section shall not preclude any member of the Hawaii national guard who becomes an employee of the State or any county in a position other than as a member of the Hawaii national guard ordered into active duty to provide services to the State from membership in the system pursuant to section 88-42 or being credited with membership service credit for active military service pursuant to section 88-132.5.

(d) For the purposes of this section, "active duty" means a duty in the active service ordered by the governor or the governor's designated representative to provide services to the State in a time of emergency as prescribed under sections 121-29 and 121-30."

SECTION 2. Section 121-29, Hawaii Revised Statutes, is amended to read as follows:

"§121-29 Active service. Active service is active duty, any other duty, or service done under or in pursuance of an order or call of the President of the United States or an order of the governor. Any officer or body of troops while on active service may be relieved from duty by order of the proper authority."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Militia; National Guard; Employees' Retirement System

Description:

Exempts Hawaii National Guard service members activated by the Governor or the Governor's designated representative to state active duty from enrollment in the Employees' Retirement System of the State of Hawaii.

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