REPORT TITLE:
Cons & Res Officer Retirement


DESCRIPTION:
Provides conservation and resource enforcement officers with the
same retirement benefits as police officers and firefighters.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.499        
TWENTIETH LEGISLATURE, 1999                                
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:

 1      SECTION 1.  Section 88-21, Hawaii Revised Statutes, is
 
 2 amended by adding a new definition to be appropriately inserted
 
 3 and to read as follows:
 
 4      ""Conservation and resources enforcement officer":  any
 
 5 regularly employed member of the department of land and natural
 
 6 resources whose principal duty is to enforce conservation laws
 
 7 and protect the State's natural resources."
 
 8      SECTION 2.  Section 88-45, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "§88-45  Employee contributions.  After June 30, 1988, each
 
11 class A and class B member shall contribute seven and eight-
 
12 tenths per cent of the member's compensation to the annuity
 
13 savings fund; provided that after June 30, 1989, all
 
14 firefighters, police officers, corrections officers,
 
15 investigators of the departments of the prosecuting attorney and
 
16 of the attorney general, narcotics enforcement investigators,
 
17 water safety officers not making the election under section
 
18 88-271, conservation and resources enforcement officers of the
 
19 department of land and natural resources, and public safety
 
20 investigations staff investigators shall contribute twelve and
 

 
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 1 two-tenths per cent of their compensation to the annuity savings
 
 2 fund for service in that capacity."
 
 3      SECTION 3.  Section 88-47, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (a) to read as follows:
 
 5      "(a)  There shall be three classes of members in the system
 
 6 to be known as class A, class B, and class C, defined as follows:
 
 7      (1)  Class A shall consist of members covered by section
 
 8           88-74(3), those members whose salaries are set forth in
 
 9           sections 26-52 and 26-53, and their county
 
10           counterparts, managing directors or administrative
 
11           assistant to the mayor, and other department heads,
 
12           including agency heads appointed by the mayor, first
 
13           deputies appointed by the county attorney and
 
14           prosecuting attorney, the county clerk and deputy
 
15           county clerk of each county, the administrative
 
16           director of the courts, the deputy administrative
 
17           director of the courts, the executive director of the
 
18           labor and industrial relations appeals board, the
 
19           executive director of the Hawaii labor relations board,
 
20           investigators of the department of the attorney
 
21           general, narcotics enforcement investigators, water
 
22           safety officers not making the election under section
 
23           88-271, public safety investigations staff
 

 
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 1           investigators, conservation and resources enforcement
 
 2           officers of the department of land and natural
 
 3           resources, and those members in service prior to
 
 4           July 1, 1984, including those who are on approved leave
 
 5           of absence, who are covered by Title II of the Social
 
 6           Security Act on account of service creditable under
 
 7           this part.  This class shall consist of:
 
 8           (A)  All employees who enter membership after June 30,
 
 9                1957, except employees in positions to which
 
10                coverage under Title II of the Social Security Act
 
11                is not extended;
 
12           (B)  All employees who were members on July 1, 1957,
 
13                who elected to be covered by the Social Security
 
14                Act; and
 
15           (C)  All former class A retirants who return to
 
16                employment after June 30, 1984, requiring the
 
17                retirant's active membership;
 
18      (2)  Class B shall consist of all members who are not class
 
19           A or class C members; and
 
20      (3)  Except for members described in [section 88-47(a)(1),]
 
21           subsection (a)(1), class C shall consist of all
 
22           employees in positions covered by Title II of the
 
23           Social Security Act who:
 

 
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 1           (A)  First enter service after June 30, 1984;
 
 2           (B)  Reenter service after June 30, 1984, without
 
 3                vested benefit status as provided in section
 
 4                88-96(b);
 
 5           (C)  Make the election to become a class C member as
 
 6                provided in part VII; or
 
 7           (D)  Are former class C retirants who return to service
 
 8                requiring the retirant's active membership."
 
 9      SECTION 4.  Section 88-74, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§88-74  Allowance on service retirement.  Upon retirement
 
12 from service, a member shall receive a retirement allowance as
 
13 follows:
 
14      (1)  If the member has attained age fifty-five, a retirement
 
15           allowance of two per cent of the member's average final
 
16           compensation multiplied by the total number of years of
 
17           the member's credited service as a class A [and] or
 
18           class B member, excluding any credited service as an
 
19           elective officer or legislative officer, plus a
 
20           retirement allowance of one and one-fourth per cent of
 
21           the member's average final compensation multiplied by
 
22           the total number of years of prior credited service as
 
23           a class C member; provided that:
 

 
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 1           (A)  After June 30, 1968, if the member has at least
 
 2                ten years of credited service of which the last
 
 3                five or more years prior to retirement is credited
 
 4                service as a firefighter, police officer, or an
 
 5                investigator of the department of the prosecuting
 
 6                attorney;
 
 7           (B)  After June 30, 1977, if the member has at least
 
 8                ten years of credited service of which the last
 
 9                five or more years prior to retirement is credited
 
10                service as a corrections officer;
 
11           (C)  After June 16, 1981, if the member has at least
 
12                ten years of credited service of which the last
 
13                five or more years prior to retirement is credited
 
14                service as an investigator of the department of
 
15                the attorney general;
 
16           (D)  After June 30, 1989, if the member has at least
 
17                ten years of credited service of which the last
 
18                five or more years prior to retirement is credited
 
19                service as a narcotics enforcement investigator;
 
20           (E)  After December 31, 1993, if the member has at
 
21                least ten years of credited service of which the
 
22                last five or more years prior to retirement is
 
23                credited service as a water safety officer; and
 

 
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 1           (F)  After June 30, 1994, if the member has at least
 
 2                ten years of credited service, of which the last
 
 3                five or more years prior to retirement are
 
 4                credited service as a public safety
 
 5                [investigative] investigations staff investigator;
 
 6                and
 
 7           (G)  After June 30, 1999, if the member has at least
 
 8                ten years of credited service of which the last
 
 9                five or more years prior to retirement is credited
 
10                service as a conservation and resources
 
11                enforcement officer of the department of land and
 
12                natural resources;
 
13           then for each year of service as a firefighter, police
 
14           officer, corrections officer, investigator of the
 
15           department of the prosecuting attorney, investigator of
 
16           the department of the attorney general, narcotics
 
17           enforcement investigator, water safety officer,
 
18           conservation and resources enforcement officer of the
 
19           department of land and natural resources, or public
 
20           safety investigations staff investigator, the
 
21           retirement allowance shall be two and one-half per cent
 
22           of the member's average final compensation.  The
 
23           maximum retirement allowance for those members shall
 

 
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 1           not exceed eighty per cent of the member's average
 
 2           final compensation.  If the member has not attained age
 
 3           fifty-five, the member's retirement allowance shall be
 
 4           computed as though the member had attained age fifty-
 
 5           five, reduced in accordance with factors of actuarial
 
 6           equivalence adopted by the board upon the advice of the
 
 7           actuary; provided that no reduction shall be made if
 
 8           the member has at least twenty-five years of credited
 
 9           service as a firefighter, police officer, corrections
 
10           officer, investigator of the department of the
 
11           prosecuting attorney, investigator of the department of
 
12           the attorney general, narcotics enforcement
 
13           investigator, public safety investigations staff
 
14           investigator, sewer worker, conservation and resources
 
15           enforcement officer of the department of land and
 
16           natural resources, or water safety officer, of which
 
17           the last five or more years prior to retirement is
 
18           credited service in such capacities;
 
19      (2)  If the member has made voluntary additional
 
20           contributions for the purchase of an additional annuity
 
21           and has not applied for a refund as permitted by
 
22           section 88-72, the member may accept the refund at the
 
23           time of retirement or, in lieu thereof, receive in
 

 
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 1           addition to the retirement allowance provided in
 
 2           paragraph (1), an annuity that is the actuarial
 
 3           equivalent of the additional contributions with regular
 
 4           interest;
 
 5      (3)  If the member has credited service as a judge, the
 
 6           member's retirement allowance shall be computed on the
 
 7           following basis:
 
 8           (A)  Irrespective of age, for each year of credited
 
 9                service as a judge, three and one-half per cent of
 
10                the member's average final compensation in
 
11                addition to an annuity that is the actuarial
 
12                equivalent of the member's accumulated
 
13                contributions allocable to the period of such
 
14                service; and
 
15           (B)  For all other credited service, as provided in
 
16                paragraphs (1), (2) and (4).  No allowance shall
 
17                exceed seventy-five per cent of the member's
 
18                average final compensation.  If the allowance
 
19                exceeds this limit, it shall be adjusted by
 
20                reducing the annuity included in subparagraph (A),
 
21                and the portion of the accumulated contributions
 
22                specified in that subparagraph in excess of the
 
23                requirements of the reduced annuity shall be
 

 
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 1                returned to the member.
 
 2           The allowance for judges under this paragraph, together
 
 3           with the retirement allowance provided by the federal
 
 4           government for similar service, shall in no case exceed
 
 5           seventy-five per cent of the member's average final
 
 6           compensation; or
 
 7      (4)  If the member has credited service as an elective
 
 8           officer or as a legislative officer, the member's
 
 9           retirement allowance shall be derived by adding the
 
10           allowances computed separately under subparagraphs (A),
 
11           (B), (C), and (D) as follows:
 
12           (A)  Irrespective of age, for each year of credited
 
13                service as an elective officer, three and one-half
 
14                per cent of the member's average final
 
15                compensation as computed under section
 
16                88-81(d)(1), in addition to an annuity that is the
 
17                actuarial equivalent of the member's accumulated
 
18                contributions allocable to the period of service;
 
19                and
 
20           (B)  Irrespective of age, for each year of credited
 
21                service as a legislative officer, three and one-
 
22                half per cent of the member's average final
 
23                compensation as computed under section
 

 
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 1                88-81(d)(2), in addition to an annuity that is the
 
 2                actuarial equivalent of the member's accumulated
 
 3                contributions allocable to the period of service;
 
 4           (C)  Irrespective of age, for each year of credited
 
 5                service as a judge, three and one-half per cent of
 
 6                the member's average final compensation as
 
 7                computed under section 88-81(d)(3), in addition to
 
 8                an annuity that is the actuarial equivalent of the
 
 9                member's accumulated contributions allocable to
 
10                the period of service; and
 
11           (D)  For each year of credited service not included in
 
12                subparagraph (A), (B), or (C), the average final
 
13                compensation as computed under section 88-81(d)(4)
 
14                shall be multiplied by two per cent, two and one-
 
15                half per cent, or one and one-quarter per cent, as
 
16                applicable to the credited service earned as a
 
17                class A, B, or C member, respectively.
 
18           The total retirement allowance shall not exceed
 
19           seventy-five per cent of the member's highest average
 
20           final compensation calculated under section
 
21           88-81(d)(1), (2), (3), or (4).  If the allowance
 
22           exceeds this limit, it shall be adjusted by reducing
 
23           any annuity accrued under subparagraphs (A), (B), and
 

 
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 1           (C) and the portion of the accumulated contributions
 
 2           specified in these subparagraphs in excess of the
 
 3           requirements of the reduced annuity shall be returned
 
 4           to the member.  If a member has service credit as an
 
 5           elective officer or as a legislative officer in
 
 6           addition to service credit as a judge, then the
 
 7           retirement benefit calculation contained in this
 
 8           paragraph shall supersede the formula contained in
 
 9           paragraph (3)."
 
10      SECTION 5.  (a)  Conservation and resources enforcement
 
11 officers of the department of land and natural resources who are
 
12 in service prior to the effective date of this Act and who are
 
13 class C members shall have the option of remaining in class C or
 
14 converting their membership service to class A.  An election form
 
15 indicating the option selected shall be filed with the board of
 
16 trustees of the employees' retirement system of Hawaii by June 1,
 
17 1999, and those members electing to convert to class A shall
 
18 arrange for additional deductions or lump sum payments pursuant
 
19 to sections 88-45 and 88-59, Hawaii Revised Statutes, to commence
 
20 by July 1, 1999.  The election filed with the board of trustees
 
21 shall be irrevocable.
 
22      (b)  All conservation and resources enforcement officers of
 
23 the department of land and natural resources hired after the
 

 
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 1 effective date of this Act shall be designated class C members of
 
 2 the employees' retirement system.
 
 3      SECTION 6.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 7.  This Act shall take effect upon its approval.
 
 6 
 
 7                              INTRODUCED BY:______________________