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THE SENATE |
S.B. NO. |
442 |
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THIRTY-THIRD LEGISLATURE, 2025 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GOVERNMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that there is a labor shortage that makes it difficult to fill investigator positions in the department of the attorney general and the department of law enforcement.
The legislature further finds that there is a labor shortage that makes it difficult to fill excluded management positions in the department of agriculture and other state departments.
Accordingly, the purpose of this Act is to expand the categories of retirants who may be employed without re‑enrollment in the employees' retirement system and without loss or interruption of benefits.
SECTION 2. Section 88-9, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (d) to read:
"(d) A retirant may be employed without reenrollment in the system and suffer no loss or interruption of benefits provided by the system or under chapter 87A if the retirant is employed:
(1) As an elective officer pursuant to section 88-42.6(c) or as a member of the legislature pursuant to section 88-73(d);
(2) As a juror or precinct official;
(3) As a part-time or temporary employee excluded from membership in the system pursuant to section 88-43, as a session employee excluded from membership in the system pursuant to section 88-54.2, as the president and chief executive officer of the Hawaii tourism authority excluded from membership in the system pursuant to section 201B-2, or as any other employee expressly excluded by law from membership in the system; provided that:
(A) The retirant was not employed by the State or a county during the six calendar months prior to the first day of reemployment; and
(B) No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement;
(4) In a position identified by the appropriate jurisdiction as a labor shortage or difficult-to-fill position; provided that:
(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;
(B) No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement; and
(C) Each employer shall contribute to the
pension accumulation fund the required percentage of the rehired retirant's
compensation to amortize the system's unfunded actuarial accrued liability; [or]
(5) As a teacher or an administrator in a teacher shortage area identified by the department of education or in a charter school or as a mentor for new classroom teachers; provided that:
(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;
(B) No agreement was entered into between the State or a county and the retirant prior to the retirement of the retirant, for the return to work by the retirant after retirement; and
(C) The department of education or charter
school shall contribute to the pension accumulation fund the required
percentage of the rehired retirant's compensation to amortize the system's
unfunded actuarial accrued liability[.];
(6) As an investigator identified by the department of the attorney general or the department of law enforcement as a labor shortage or difficult‑to‑fill position; provided that:
(A) The retirant was not employed by the
State or a county during the twelve calendar months prior to the first day of
reemployment;
(B) No agreement was entered into
between the retirant and the State or a county, prior to the retirement of the
retirant, for the return to work by the retirant after retirement; and
(C) The department of the attorney
general or the department of law enforcement, as the case may be, shall contribute
to the pension accumulation fund the required percentage of the rehired
retirant's compensation to amortize the system's unfunded actuarial accrued
liability; or
(7) In a management position excluded from
collective bargaining under chapter 89 and identified by the applicable department
as a labor shortage, a difficult‑to‑fill position, or needed for
succession planning; provided that:
(A) The retirant was not employed by the
State or a county during the twelve calendar months prior to the first day of
reemployment;
(B) No agreement was entered into
between the retirant and the State or a county, prior to the retirement of the
retirant, for the return to work by the retirant after retirement;
(C) The applicable department shall contribute
to the pension accumulation fund the required percentage of the rehired
retirant's compensation to amortize the system's unfunded actuarial accrued
liability; and
(D) The reemployment term of the retirant
shall not exceed years, unless an extension
is approved by the director of human resources development."
2. By amending subsection (f) to read:
"(f) No later than twenty days prior to the
convening of each regular legislative session, the director of human resources
of the appropriate state jurisdiction or the human resources management chief
executive of each county shall submit an annual report to the legislature
detailing the employment of retirants under paragraphs (4) [and],
(5), (6), and (7) of subsection (d), including the number and positions
of retirants."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.
Report Title:
ATG; DLE; ERS; Retirees; Hawaii Employer-Union Health Benefits Trust Fund; Benefits; Investigators; Counties; Report
Description:
Allows a retirant to be employed without reenrollment in the Employees' Retirement System (ERS) and without loss or interruption of benefits provided by the ERS or under Chapter 88, HRS, if the retirant is employed as an investigator in a position identified by the Department of the Attorney General or Department of Law Enforcement or an excluded management position of any department as a labor shortage, a difficult‑to‑fill position, or needed for succession planning, subject to certain conditions. Requires the Director of Human Resources of the appropriate state jurisdiction or the human resources management chief executive of each county to include in their annual reports to the Legislature, details on the employment of retirants as investigators pursuant to this measure. Effective 7/1/2050. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.