HB1767

Report Title:

ERS: County Officials, Class A

Description:

Includes the head of each county's legislative services in Class A of the ERS.

HOUSE OF REPRESENTATIVES	H.B. NO.	1767
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to employees' retirement system.

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

SECTION 1. The purpose of this measure is to include the head of each county's legislative agency that provides research, auditing, and drafting services as class A members under the employees retirement system law. The proposed amendment recognizes the organization of the various county councils and creates a sense of fairness and equity for the head of the legislative agency.

SECTION 2. Section 88-47, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) There shall be three classes of members in the system to be known as class A, class B, and class C, defined as follows:

(1) Class A shall consist of members covered by section 88-74(3), those members whose salaries are set forth in sections 26-52 and 26-53, and their county counterparts, managing directors or administrative assistant to the mayor, and other department heads, including agency heads appointed by the mayor, first deputies appointed by the county attorney and prosecuting attorney, the county clerk and deputy county clerk of each county, the head of each county's legislative agency that handles research, auditing, and drafting functions, the administrative director of the courts, the deputy administrative director of the courts, the executive director of the labor and industrial relations appeals board, the executive director of the Hawaii labor relations board, investigators of the department of the attorney general, narcotics enforcement investigators, water safety officers not making the election under section 88-271, public safety investigations staff investigators, and those members in service prior to July 1, 1984, including those who are on approved leave of absence, who are covered by Title II of the Social Security Act on account of service creditable under this part. This class shall consist of:

(A) All employees who enter membership after June 30, 1957, except employees in positions to which coverage under Title II of the Social Security Act is not extended;

(B) All employees who were members on July 1, 1957, who elected to be covered by the Social Security Act; and

(C) All former class A retirants who return to employment after June 30, 1984, requiring the retirant's active membership;

(2) Class B shall consist of all members who are not class A or class C members; and

(3) Except for members described in section 88-47(a)(1), class C shall consist of all employees in positions covered by Title II of the Social Security Act who:

(A) First enter service after June 30, 1984;

(B) Reenter service after June 30, 1984, without vested benefit status as provided in section 88-96(b);

(D) Are former class C retirants who return to service requiring the retirant's active membership."

SECTION 3. This Act shall not apply to any service credit accumulated prior to its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2002.

INTRODUCED BY:	_____________________________