CONFERENCE COMMITTEE REP. NO. 113

Honolulu, Hawaii

, 2023

RE: S.B. No. 211

S.D. 2

H.D. 2

C.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 211, S.D. 2, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to ensure that employment, work, and pay eligibility for the purpose of calculating retirement benefits includes retroactive reinstatement, retroactive rescission of suspension, and retroactive payments that are restored to an employee as part of a judicial, administrative, or arbitral proceeding, or pursuant to a settlement of claims.

Your Committee on Conference finds that this measure seeks to codify the long-standing practice of the Employees' Retirement System of crediting a public employee's retroactive reinstatement, retroactive recission of suspension, and retroactive payments for service credits and retirement benefits determination purposes. This measure will help to avoid potential uncertainties in the calculations of these amounts.

Your Committee on Conference has amended this measure by:

(1) Deleting language that made the definition of "final resolution of claims" apply to actions that became final on or after the effective date of this measure; and

(2) Making it effective upon its approval.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 211, S.D. 2, H.D. 2, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 211, S.D. 2, H.D. 2, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

____________________________ SCOT Z. MATAYOSHI Co-Chair	____________________________ SHARON MORIWAKI Chair
____________________________ DAVID A. TARNAS Co-Chair	____________________________ GILBERT S.C. KEITH-AGARAN Co-Chair
____________________________ ANDREW GARRETT Co-Chair	____________________________ KARL RHOADS Co-Chair