Report Title:

Leaves of Absence; Beneficiary

 

Description:

Provides that a written designation of beneficiary for earned and unpaid wages is void if the beneficiary predeceases the employee, if employee and beneficiary divorce, if unmarried employee subsequently marries, or if employee enters into or terminates a reciprocal beneficiary relationship. (SD2)

 

THE SENATE

S.B. NO.

3078

TWENTY-FIRST LEGISLATURE, 2002

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to leaves of absence.

 

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

SECTION 1. Section 78-23, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Upon discharge, an employee shall be entitled to all of the employee's accumulated vacation allowance plus the employee's current accrued vacation allowance to and including the date of discharge, notwithstanding that the current accrued vacation allowance may not have been recorded at the time. If any employee dies with accumulated or current accrued vacation earned but not taken, an amount equal to the value of the employee's pay over the period of [such] the earned vacation, and any earned and unpaid wages, shall be paid to the person or persons [who may have been] designated as the beneficiary or beneficiaries by the employee during the employee's lifetime in a verified written statement filed with the comptroller or other disbursing officer who issues warrants or checks to pay the employee for the employee's services as a public employee, or, failing the designation, to the employee's estate[.]; provided that an individual designation of beneficiary shall be void if:

(1) The beneficiary predeceases the employee;

(2) The employee is divorced from the beneficiary;

(3) The employee is unmarried at the time of designation of the beneficiary, and subsequently marries; or

(4) The employee enters into a reciprocal beneficiary relationship after designation of a beneficiary, or terminates a reciprocal beneficiary relationship with someone who was a reciprocal beneficiary.

Any of the foregoing events shall operate as a complete revocation of the specific designation and all benefits payable to that beneficiary by reason of the death of the employee shall be payable to the employee's estate, unless after the death, divorce, marriage, or entry into or termination of reciprocal beneficiary relationship, the employee makes other provisions in a written designation duly executed and filed with the comptroller or other disbursing officer; provided that a valid court order specifying a beneficiary filed with the comptroller or other disbursing officer within ten calendar days of the employee's death shall take precedence over the foregoing if it requires the designation of a specific beneficiary for these benefits."

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

SECTION 3. This Act shall take effect on July 1, 2002.