HB1736 HD1

SECTION 1. The legislature finds that it is very challenging to provide quality education for Hawaii's students while dealing with a chronic teacher shortage. The teacher shortage in the State has been exacerbated by the COVID-19 pandemic, which has caused further staffing shortages in the teaching workforce. Many teachers have stayed home from work because they have tested positive for COVID-19, are awaiting test results to confirm whether they are positive for COVID-19, or have to take care of loved ones who are sick with COVID-19.

The legislature further finds that many teachers also retired during the 2020-2021 academic year. According to data provided by the department of education, four hundred twenty-eight teachers retired during the 2020-2021 academic year. Some of these individuals may wish to return to employment as teachers. However, existing law prevents a retirant from being employed as a teacher within twelve months of retiring. The legislature believes that allowing recently retired licensed teachers to return to the workforce will help mitigate the teacher shortage and create the opportunity for all of Hawaii's students to receive uninterrupted, quality education.

The purpose of this Act is to temporarily allow licensed teachers who have retired to be employed as teachers during a state of emergency and within twelve months of their retirement.

SECTION 2. Section 88-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(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[.]; or

(6) As a teacher during a state of emergency declared by the governor pursuant to chapter 127A; provided that:

(A) 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;

(B) 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; and

(C) By the date of separation from service, the retirant had been issued a license from the Hawaii teacher standards board pursuant to subpart D, part III, of chapter 302A, to teach as a part-time or full-time teacher."

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, 2050, and shall be repealed on June 30, 2023; provided that section 88‑9(d), Hawaii Revised Statutes, shall be reenacted in the form in which it read on the day prior to the effective date of this Act.

HOUSE OF REPRESENTATIVES	H.B. NO.	1736
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII