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HOUSE OF REPRESENTATIVES

H.B. NO.

1241

TWENTY-SECOND LEGISLATURE, 2003

 

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 88-42.5, Hawaii Revised Statutes, is amended to read as follows:

"[88-42.5] Membership of employees holding more than one position, appointment or office. (a) The membership of any employee holding more than one full-time position, appointment, office, or any combination thereof shall be limited to the position, appointment, or office of the employee's option; provided that the employment in the position, appointment, or office shall meet the minimum membership eligibility requirements as provided in this part. Any contributions made based on the compensation, pay, or salary of the employee's position, appointment, or office other than that on which the employee's membership is based shall be returned to the employee.

The foregoing shall not apply to any employee holding two part-time positions of the same class if each position meets the minimum eligibility requirements for membership and the sum total of the compensation, pay, or salary received for both positions does not exceed the higher of the full-time compensation, pay, or salary for either position.

(b) Any faculty member of the University of Hawaii system with multiple part-time faculty appointments shall be based on an aggregate of all such part-time faculty appointments, not to exceed one full-time position. Any contributors shall be based on the sum total of the compensation, pay, or salary received from the positions but shall not exceed an amount equal to the highest of the full-time compensation, pay, or salary for any one of the part-time faculty appointments. Notwithstanding any other law to the contrary, any retirement calculations or benefits paid to retirees who were employed in multiple part-time faculty appointments by the University of Hawaii system prior to the effective date of this Act shall not be adjusted by the system."

SECTION 2. Section 88-43, Hawaii Revised Statutes, is amended to read as follows:

"88-43 Persons ineligible for membership; optional
membership.
[The] Except with respect to faculty or lecturers employed on one or more campuses of the University of Hawaii who hold multiple part-time appointments, each of which may be less than one-half full-time equivalent but all of which when added together aggregate to at least one-half full-time equivalent position, the board of trustees may deny membership to any class of part-time employees or persons engaged in temporary employment of three months or less, or it may, in its discretion, make optional with persons in such classes their individual entrance into membership; provided that no officer or employee entering service after January 1, 1928, who is entitled to become a member of any pension system under [Part] part III shall be entitled to become a member of the system.

Elective officers shall be eligible for membership and their individual entrance into membership shall be at their option."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST