Report Title:
Hawaii Tourism Authority; Executive Director
Description:
Limits to department head salary level, the amount used for ERS calculations of the average final compensation retroactive to 1/18/02. (SB2556 HD1)
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THE SENATE |
S.B. NO. |
2556 |
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TWENTY-FIRST LEGISLATURE, 2002 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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A BILL FOR AN ACT
relating to hawaii tourism authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 88-81, Hawaii Revised Statutes, is amended to read as follows:
"§88-81 Average final compensation. (a) Average final compensation is (1) for employees who have become members prior to January 1, 1971, the average annual compensation pay or salary upon which a member has made contributions as required by sections 88-45 and 88-46, (A) during the member's five highest paid years of credited service, (B) at the option of the member, during the member's three highest paid years of credited service; provided that no payment of salary in lieu of vacation shall be included in the computation, or (C) if the member has less than three years of credited service, then during the member's actual years of credited service; or (2) for employees who become [[]members[]] on or after January 1, 1971, the average annual compensation pay or salary upon which a member has made contributions as required by sections 88-45 and 88-46, (A) during the member's three highest paid years of credited service; provided that no payment of salary in lieu of vacation shall be included in the computation, or (B) if the member has less than three years of credited service, then during the member's actual years of credited service.
(b) In computing the compensation of a judge, the compensation paid to the judge by the United States as well as by the Territory shall be included.
(c) For service rendered as a member of the legislature from and after November 5, 1968, the actual annual salary of a member shall be the only amount used for determining the member's average final compensation. For service rendered as a member of the legislature prior to November 5, 1968, and after admission of this State into the Union, the annual compensation of a member shall be computed, for the purpose of determining the member's average final compensation, as follows: during a year in which a general session was held, it shall be deemed to have been an amount equal to four times the salary of a member of the legislature for a general session; and during a year in which a budget session was held, it shall be deemed to have been an amount equal to six times the salary of a member of the legislature for a budget session. For service rendered as a member of the legislature prior to the admission of this State into the Union, the annual compensation of a member shall be deemed to have been four times the salary of a member of the legislature for a regular session for each year during the member's term of office.
(d) If a member has credited service rendered as an elective officer or as a legislative officer, the member's average final compensation shall be computed separately for each category of service as follows:
(1) For the three highest paid years of credited service as an elective officer, or if the member has less than three years of credited service in that capacity, then the member's actual years of credited service;
(2) For the three highest paid years of credited service as a legislative officer, or if the member has less than three years of credited service in that capacity, then the member's actual years of credited service;
(3) For the three highest paid years of credited service as a judge, or if the member has less than three years of credited service in that capacity, then the member's actual years of credited service; and
(4) For the three highest paid years of credited service not included in paragraph (1), (2), or (3), or if the member has less than three years of credited service in that capacity, then the member's actual years of credited service.
(e) Notwithstanding any other law to the contrary, for the executive director of the Hawaii tourism authority, at the time a calculation of average final compensation is made under this section, the salary figure used shall be limited to the level of the salary established for state department heads in section 26-52(3)."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act, upon its approval, shall take effect retroactive to January 18, 2002.