STAND. COM. REP. NO. 1084

Honolulu, Hawaii

RE: S.B. No. 211

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Second State Legislature

Regular Session of 2023

State of Hawaii

Sir:

Your Committees on Ways and Means and Judiciary, to which was referred S.B. No. 211, S.D. 1, entitled:

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

beg leave to report as follows:

The purpose and intent of this measure is to ensure that employment, work, and pay that are eligible for the purpose of calculating public employee retirement benefits include retroactive reinstatement, retroactive recission of suspension, retroactive pay differential, and back pay that are restored to an employee pursuant to a final adjudication of a court of competent jurisdiction.

Your Committees received written comments in support of this measure from the Department of Human Resources of the City and County of Honolulu, Hawaii Fire Fighters Association, Hawaii Government Employees Association, Hawaii State Teachers Association, State of Hawaii Organization of Police Officers, University of Hawaii Professional Assembly, and United Public Workers.

Your Committees received written comments on this measure from the Employees' Retirement System.

Your Committees find that including a public employee's retroactive reinstatement, retroactive recission of suspension, retroactive pay differential, and back pay in determining retirement benefits is appropriate. Your Committee believes that enumerating this inclusion in statute will help to avoid potential uncertainties.

Your Committees have amended this measure by making technical nonsubstantive amendments for purposes of clarity, consistency, and style.

As affirmed by the records of votes of the members of your Committees on Ways and Means and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 211, S.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as S.B. No. 211, S.D. 2.

Respectfully submitted on behalf of the members of the Committees on Ways and Means and Judiciary,

________________________________ KARL RHOADS, Chair

________________________________ DONOVAN M. DELA CRUZ, Chair