REPORT TITLE:
OHA; Retirement


DESCRIPTION:
Gives OHA trustee option to elect to become a member of the ERS.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           458
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO THE TRUSTEES OF THE OFFICE OF HAWAIIAN AFFAIRS.



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

 1      SECTION 1.   The legislature finds that the trustees of the
 
 2 office of Hawaiian affairs are elected by the native Hawaiian
 
 3 voters and serve as elected officers, but do not have the same
 
 4 option to participate in the employees' retirement system.  The
 
 5 purpose of this Act is to provide the board of trustees of the
 
 6 office of Hawaiian affairs with the same option available to
 
 7 other elective officers to choose whether or not to participate
 
 8 in the state employees' retirement plan.
 
 9      SECTION 2.  Chapter 88, Hawaii Revised Statutes, is amended
 
10 by adding a new section to be appropriately designated and to
 
11 read as follows:
 
12      "88-     Service while a member of the board of trustees of
 
13 the office of Hawaiian affairs.  Under rules as the board of
 
14 trustees of the state employees' retirement system, may adopt,
 
15 any trustee of the office of Hawaiian affairs electing to become
 
16 a member, shall file, on a form approved by the board, a detailed
 
17 statement of all service rendered by the trustee and for which
 
18 the trustee claims credit and which is not otherwise credited to
 
19 the trustee under this part.  The board shall verify as soon as
 
20 practicable the period of service therein claimed and shall allow
 

 
Page 2                                                     
                                     S.B. NO.           458
                                                        
                                                        

 
 1 prior service credit for all service rendered subsequent to
 
 2 November 1980, and prior to becoming a member, anything to the
 
 3 contrary in this part notwithstanding.  For the purpose of
 
 4 calculating prior service credit, each year of elective office
 
 5 shall be the equivalent of one year of service, but in no case
 
 6 shall more than one year of service be credited in twelve
 
 7 calendar months."
 
 8      SECTION 3.  Section 10-9, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "10-9 Salaries; benefit; expenses.  Members of the board:
 
11      (1)  Shall receive an annual salary which shall be paid:
 
12           (A)  Exclusively from revenue under section 10-13.5;
 
13                and
 
14           (B)  In equal amounts, beginning with the first pay
 
15                period for state employees in November of the year
 
16                the member of the board is elected.
 
17           Effective July 1, 1993, and until the salary commission
 
18           makes recommendations for salary, the salary of the
 
19           chairperson of the board shall be $37,000 a year and
 
20           the salary of other members of the board shall be
 
21           $32,000 a year.  Any provision of law to the contrary
 
22           notwithstanding, all members of the board shall be
 
23           included in any benefit program generally applicable to
 

 
Page 3                                                     
                                     S.B. NO.           458
                                                        
                                                        

 
 1           officers and employees of the State [except for]
 
 2           including benefit programs relating to retirements;
 
 3      (2)  Shall be allowed transportation fares between islands
 
 4           and abroad;
 
 5      (3)  Shall be allowed personal expenses at the rates
 
 6           specified by section 78-15, while attending board
 
 7           meetings or while on official business as authorized by
 
 8           the chairperson, when those board meetings or official
 
 9           business shall require a member to leave the island
 
10           upon which the member resides; and
 
11      (4)  Shall be allowed a protocol allowance to cover expenses
 
12           incurred in the course of a member's duties and
 
13           responsibilities."
 
14      SECTION 4.  Section 88-21, Hawaii Revised Statutes, is
 
15 amended by amending the definitions of "elective officers" or
 
16 "elective official" and "employee" to read as follows:
 
17      ""Elective officer" or "elective official":  any person
 
18 elected to a public office or appointed to fill a vacancy of an
 
19 elective office, except as a delegate to a constitutional
 
20 convention, or member of the board of education [or trustee of
 
21 the office of Hawaiian affairs], in accordance with an election
 
22 duly held in the State or counties under chapter 11; provided
 
23 that the person receives compensation, pay, or salary for [such]
 

 
Page 4                                                     
                                     S.B. NO.           458
                                                        
                                                        

 
 1 the office."
 
 2      ""Employee":  any employee or officer of the State or any
 
 3 county, including inspectors, principals, teachers and special
 
 4 teachers, regularly employed in the public schools, cafeteria
 
 5 managers and cafeteria workers, apprentices and on-the-job
 
 6 trainees whether or not supported in whole or in part by any
 
 7 federal grants, members of the legislature, members of the board
 
 8 of trustees of the office of Hawaiian affairs, and other elective
 
 9 officers, legislative employees who are employed on a full-time
 
10 basis during and between sessions, probationary and provisional
 
11 employees, any employee of the educational nonprofit public
 
12 corporation as provided in section 88-49.7, per diem employees
 
13 and others who are made eligible by reason of their employment to
 
14 membership in the system by or pursuant to any other provision of
 
15 law, but excluding:
 
16      (1)  Per diem employees who elect to withdraw or not to
 
17           become members as provided in section 88-42;
 
18      (2)  Members of the legislature who do not elect to be
 
19           members as provided in section 88-42;
 
20      (3)  Persons excluded by rules of the board pursuant to
 
21           section 88-43[.]; and
 
22      (4)  Members of the board of trustees of the office of
 
23           Hawaiian affairs who do not elect to be members as
 

 
Page 5                                                     
                                     S.B. NO.           458
                                                        
                                                        

 
 1           provided in section 88-43.
 
 2      An individual is an employee during the period of a leave of
 
 3 absence if the individual is in service, as defined in this part,
 
 4 during the period of the leave of absence and the board shall
 
 5 determine who are employees within the meaning of this part."
 
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 6.  This Act shall take effect upon its approval.
 
 9 
 
10                           INTRODUCED BY:  _______________________