HOUSE OF REPRESENTATIVES	H.B. NO.	1644
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

Relating to the employees' retirement system.

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

SECTION 1. Section 88-21.5, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) For a member who becomes a member after June 30, 2012, unless a different meaning is plainly required by context, "compensation" as used in this part:

(1) Means:

(A) The normal periodic payments of money for service, the right to which accrues on an hourly, daily, monthly, or annual basis;

(B) Shortage differentials;

(C) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; [and]

(D) Twelve-month differentials for employees of the department of education; and

(E) Overtime; provided that overtime shall only be considered compensation when an employee has been directed by their supervisor or an appropriate authority to work more than their normal hours of service to perform specific duties and tasks related to an active emergency proclamation issued pursuant to chapter 127A; provided further that starting July 1, 2024, overtime shall be included in the pension calculations for all active and future employees; and

(2) Shall not include any other additional or extra payments to an employee or officer, [including overtime,] supplementary payments, bonuses, lump sum salary supplements, allowances, or differentials, including differentials for stand-by duty, temporary unusual work hazards, compression differentials, or temporary differentials, except for those expressly authorized pursuant to subsection (b)(1)(B), (b)(1)(C), and (b)(1)(D)."

SECTION 2. Statuary material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2024.

INTRODUCED BY:

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Report Title:

Employees' Retirement System; Overtime; Compensation; Definition

Description:

For members of the Employees' Retirement System hired after July 1, 2012, includes overtime in the definition of compensation when an employee has been directed by their supervisor or an appropriate authority to work more than their normal hours of service to perform specific duties and tasks related to an active emergency proclamation.

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