THE SENATE

S.B. NO.

731

THIRTY-THIRD LEGISLATURE, 2025

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

Relating to THE EMPLOYEES' RETIREMENT SYSTEM.

 

 

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

 

     SECTION 1.  The legislature finds that Act 179, Session Laws of Hawaii 2010, amended chapter 88, Hawaii Revised Statutes, to clarify the circumstances under which a retirant of the State's employees' retirement system may be reemployed without the suspension of the retirant's benefits and to provide remedies if a retirant is reemployed in violation of that chapter or any administrative rule adopted thereunder.

     The legislature further finds that there is a labor shortage that makes it difficult to fill investigator positions in the departments of law enforcement and the attorney general.

     Accordingly, the purpose of this Act is to establish an additional category of retirants who may be employed without reenrollment 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] before the first day of reemployment; and

          (B)  No agreement was entered into between the State or a county and the retirant, [prior to] before 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] before the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant, [prior to] before 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] before the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant [prior to] before 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[.]; or

     (6)  As an investigator identified by the department of law enforcement or department of the attorney general 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 six calendar months before the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant, before the retirement of the retirant, for the return to work by the retirant after retirement; and

          (C)  The department of law enforcement or department of the attorney general, as applicable, shall contribute the required percentage of the rehired retirant's compensation to the pension accumulation fund to amortize the system's unfunded actuarial accrued liability."

     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), and (6) 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, 2025.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

Report Title:

DLE; AG; ERS; DHRD; Counties; Retirees; Benefits; Investigators; Reports

 

Description:

Allows a retirant employed as an investigator identified by the Department of Law Enforcement or Department of the Attorney General as a labor shortage or difficult-to-fill position to be rehired without reenrollment in the Employees' Retirement System and without a loss or interruption of retirement benefits, subject to certain conditions.  Requires annual reports to the Legislature to include details on the employment of retirants as investigators.

 

 

 

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