Hawaii Senate Bill SB2398

Hawaii 2024 Regular Session

• Introduced: 1/19/24
• Refer: 1/22/24

Caption

Relating To The Employees' Retirement System.

Impact

If enacted, SB2398 will amend existing Hawaii Revised Statutes, specifically Section 88-74.8, which governs the forfeiture of retirement benefits. The bill explicitly states that upon a felony conviction, where the crime is found to be related to the individual's employment, a court may impose a civil penalty leading to the loss of all retirement compensations, including pensions, annuities, and related benefits. This change represents a substantial tightening of accountability measures for public employees and could set a precedent for how similar cases are handled in the future.

Summary

SB2398, introduced in the Hawaii legislature, proposes significant changes to the Employees' Retirement System (ERS) by allowing courts to order the forfeiture of all retirement benefits for state and county employees who are convicted of felonies related to their employment. The bill highlights the need for public officers and employees to uphold public trust, emphasizing that misconduct erodes the credibility of government institutions. This legislation aims to ensure that failing to maintain this trust comes with concrete consequences regarding retirement benefits.

Contention

Notably, one point of contention surrounding SB2398 is the potential implications for both employees accused of wrongdoing and the principles of fair due process. Critics may argue that this measure could lead to harsh penalties that affect individuals who may or may not be guilty of such felonies or who may not have engaged in misconduct directly related to their employment. Balancing the need for a trustworthy public service environment with fair treatment under the law will be a critical discussion point as this bill moves through the legislative process.