THE SENATE

S.B. NO.

99

THIRTY-THIRD LEGISLATURE, 2025

S.D. 1

STATE OF HAWAII

H.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO GOVERNMENT.

 

 

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

 

     SECTION 1.  The legislature finds that existing law specifies the circumstances under which an employees' retirement system retirant may be reemployed without the suspension of the retirant's benefits and provides remedies for the employees' retirement system if a retirant is reemployed in violation of chapter 88, Hawaii Revised Statutes, and any administrative rule adopted thereunder.

     Accordingly, the purpose of this Act is to establish additional categories of retirants who may be employed without reenrollment in the employees' retirement system and without loss or interruption of benefits.

     SECTION 2.  Section 88-9, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (d) to read:

     "(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, 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] before the first day of reemployment; and

          (B)  No agreement was entered into between the State or a county and the retirant, [prior to] before the retirement of the retirant, for the return to work by the retirant after retirement;

     (4)  In a position identified by the appropriate jurisdiction, including relevant departments and agencies, 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] before the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant, [prior to] before 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]; and

          (D)  Each employer, department, or agency, as the relevant jurisdiction, shall use one of the following requirements to identify a labor shortage or difficult-to-fill position:

              (i)  The vacancy rate of positions for the class, being the number of vacant positions on active recruitment divided by the sum of the filled positions and vacant positions on active recruitment for the class of work, shall have been at an average monthly vacancy rate of fifty per cent or higher for the preceding calendar year.  A position shall be considered vacant if not filled for the majority of work days in a month;

             (ii)  The vacancy rate of positions for a class in a geographic area, being the number of vacant positions of that class on active recruitment in that geographic area divided by the sum of the filled positions and vacant positions on active recruitment for the class of work in that geographic area, shall have been at an average monthly vacancy rate of fifty per cent or higher for the preceding calendar year.  A position shall be considered vacant if not filled for the majority of work days in a month; or

            (iii)  A position has been vacant while on continuous active recruitment for at least twelve calendar months;

     (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] before the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant [prior to] before 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[.]; and

          (D)  The department of education or each charter school shall use one of the following requirements to identify a teacher or an administrator position in a shortage area or a mentor position for new classroom teachers:

              (i)  The vacancy rate of positions for the class, being the number of vacant positions on active recruitment divided by the sum of the filled positions and vacant positions on active recruitment for the class of work, shall have been at an average monthly vacancy rate of fifty per cent or higher for the preceding calendar year.  A position shall be considered vacant if not filled for the majority of work days in a month;

             (ii)  The vacancy rate of positions for a class in a geographic area, being the number of vacant positions of that class on active recruitment in that geographic area divided by the sum of the filled positions and vacant positions on active recruitment for the class of work in that geographic area, shall have been at an average monthly vacancy rate of fifty per cent or higher for the preceding calendar year.  A position shall be considered vacant if not filled for the majority of work days in a month; or

            (iii)  A position has been vacant while on continuous active recruitment for at least twelve calendar months; or

     (6)  As a school resource officer identified by the department of law enforcement or other law enforcement agency 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 before the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant before the retirement of the retirant, for the return to work by the retirant after retirement;

          (C)  The department of law enforcement or other law enforcement agency 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;

          (D)  The retirant shall be stationed at a public school, as defined in section 302A-101, as a school resource officer; and

          (E)  The department of law enforcement or each law enforcement agency, as the relevant jurisdiction, shall use one of the following requirements to identify a labor shortage or difficult-to-fill position:

              (i)  The vacancy rate of positions for school resource officers, being the number of vacant positions on active recruitment divided by the sum of the filled positions and vacant positions on active recruitment for school resource officers, shall have been at an average monthly vacancy rate of fifty per cent or higher for the preceding calendar year.  A position shall be considered vacant if not filled for the majority of work days in a month; or

             (ii)  The vacancy rate of school resource officers in a geographic area, being the number of vacant positions of that school resource officers on active recruitment in that geographic area divided by the sum of the filled positions and vacant positions on active recruitment for school resource officers in that geographic area, shall have been at an average monthly vacancy rate of fifty per cent or higher for the preceding calendar year.  A position shall be considered vacant if not filled for the majority of work days in a month; or

            (iii)  A school resource officer position has been vacant while on continuous active recruitment for at least twelve calendar months."

     2.  By amending subsection (f) to read:

     "(f)  No later than twenty days prior to the convening of each regular legislative session, the director of human resources of the appropriate state jurisdiction or the human resources management chief executive of each county shall submit an annual report to the legislature detailing the employment of retirants under [paragraphs (4) and (5) of subsection (d),] subsection (d)(4), (5), and (6), including the number and positions of retirants."

     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, 3000.

 

 

Report Title:

DLE; ERS; Retirees; Benefits; Law Enforcement Officers; School Resource Officers; Counties; Report

 

Description:

Allows a retirant to be employed without reenrollment in the Employees' Retirement System and without loss or interruption of retirement benefits if the retirant is employed as a law enforcement officer stationed at a public school as a school resource officer as a labor shortage or difficult-to-fill positions, subject to certain conditions.  Requires the Director of Human Resources of the appropriate state jurisdiction or the human resources management chief executive of each county to include in their annual reports to the Legislature, details on the employment of retirants as school resource officers or investigators.  Effective 7/1/3000.  (HD1)

 

 

 

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