Hawaii 2025 Regular Session

Hawaii Senate Bill SB99 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 99 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT relating to government. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 99
4	4	THIRTY-THIRD LEGISLATURE, 2025
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	99
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13	13	THIRTY-THIRD LEGISLATURE, 2025
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to government.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that existing law specifies 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 chapter 88, Hawaii Revised Statutes, and 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 department of the attorney general and school resource officer positions in the department of education. Accordingly, the purpose of this Act is to establish additional categories 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 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 a school resource officer identified by the department of education 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) The department of education 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) As an investigator identified by the 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 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 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." 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) of subsection (d),] subsection (d)(4), (5), (6), and (7), 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: _____________________________
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49	49	SECTION 1. The legislature finds that existing law specifies 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 chapter 88, Hawaii Revised Statutes, and any administrative rule adopted thereunder.
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51	51	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 school resource officer positions in the department of education.
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53	53	Accordingly, the purpose of this Act is to establish additional categories of retirants who may be employed without reenrollment in the employees' retirement system and without loss or interruption of benefits.
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55	55	SECTION 2. Section 88-9, Hawaii Revised Statutes, is amended as follows:
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57	57	1. By amending subsection (d) to read:
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59	59	"(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:
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61	61	(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);
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63	63	(2) As a juror or precinct official;
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65	65	(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:
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67	67	(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
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69	69	(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;
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71	71	(4) In a position identified by the appropriate jurisdiction as a labor shortage or difficult-to-fill position; provided that:
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73	73	(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;
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75	75	(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
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77	77	(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]
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79	79	(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:
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81	81	(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;
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83	83	(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
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85	85	(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[.];
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87	87	(6) As a school resource officer identified by the department of education as a labor shortage or difficult-to-fill position; provided that:
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89	89	(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;
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91	91	(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
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93	93	(C) The department of education 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
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95	95	(7) As an investigator identified by the department of the attorney general as a labor shortage or difficult-to-fill position; provided that:
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97	97	(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;
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99	99	(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
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101	101	(C) The department of the attorney general 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."
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103	103	2. By amending subsection (f) to read:
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105	105	"(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) of subsection (d),] subsection (d)(4), (5), (6), and (7), including the number and positions of retirants."
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107	107	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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109	109	SECTION 4. This Act shall take effect on July 1, 2025.
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113	113	INTRODUCED BY: _____________________________
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115	115	INTRODUCED BY:
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123	123	Report Title: DOE; ATG; ERS; Retirees; Hawaii Employer-Union Health Benefits Trust Fund; Benefits; School Resource Officers; Investigators; Counties; Report Description: Allows a retirant to be employed without reenrollment in the Employees' Retirement System and without loss or interruption of retirement benefits if the retirant is employed as a school resource officer or investigator in positions identified by the Department of Education or the Department of the Attorney General, respectively, as a labor shortage or difficult-to-fill positions, 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 school resource officers or investigators. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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131	131	Report Title:
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133	133	DOE; ATG; ERS; Retirees; Hawaii Employer-Union Health Benefits Trust Fund; Benefits; School Resource Officers; Investigators; Counties; Report
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137	137	Description:
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139	139	Allows a retirant to be employed without reenrollment in the Employees' Retirement System and without loss or interruption of retirement benefits if the retirant is employed as a school resource officer or investigator in positions identified by the Department of Education or the Department of the Attorney General, respectively, as a labor shortage or difficult-to-fill positions, 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 school resource officers or investigators.
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147	147	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.