THE SENATE S.B. NO. 442 THIRTY-THIRD LEGISLATURE, 2025 S.D. 1 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO GOVERNMENT. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 442
THIRTY-THIRD LEGISLATURE, 2025 S.D. 1
STATE OF HAWAII H.D. 1
THE SENATE
S.B. NO.
442
THIRTY-THIRD LEGISLATURE, 2025
S.D. 1
STATE OF HAWAII
H.D. 1
A BILL FOR AN ACT
RELATING TO GOVERNMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that in 2010, chapter 88, Hawaii Revised Statutes, was amended to clarify the circumstances under which an employees' retirement system retirant may be reemployed without the suspension of the retirant's benefits and to provide remedies for the employees' retirement system if a retirant is reemployed in violation of that chapter and any administrative rule adopted thereunder. The legislature further finds that there is a labor shortage in the State that makes it difficult to fill certain positions in the public sector. Accordingly, the purpose of this Act is to include positions needed for succession planning in the types of positions identified by the appropriate jurisdiction that may be filled by retirants without reenrollment in the employees' retirement system and without loss or interruption of benefits. SECTION 2. Section 88-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows: "(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;] 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] 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." 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, 3000.
SECTION 1. The legislature finds that in 2010, chapter 88, Hawaii Revised Statutes, was amended to clarify the circumstances under which an employees' retirement system retirant may be reemployed without the suspension of the retirant's benefits and to provide remedies for the employees' retirement system if a retirant is reemployed in violation of that chapter and any administrative rule adopted thereunder.
The legislature further finds that there is a labor shortage in the State that makes it difficult to fill certain positions in the public sector.
Accordingly, the purpose of this Act is to include positions needed for succession planning in the types of positions identified by the appropriate jurisdiction that may be filled by retirants without reenrollment in the employees' retirement system and without loss or interruption of benefits.
SECTION 2. Section 88-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(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;] 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] 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."
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, 3000.
Report Title: ERS; Retirants; Employment; Succession Planning Description: Allows a retirant to be employed without reenrollment in the Employees' Retirement System and without loss or interruption of benefits if the retirant is employed in a position identified for succession planning purposes. Effective 7/1/3000. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
ERS; Retirants; Employment; Succession Planning
Description:
Allows a retirant to be employed without reenrollment in the Employees' Retirement System and without loss or interruption of benefits if the retirant is employed in a position identified for succession planning purposes. Effective 7/1/3000. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.