Report Title:

Employees' Retirement System; OHA Trustees

Description:

Allows trustees of the Office of Hawaiian Affairs, who were in service on July 1, 2002, with less than five years of ERS membership service and who elected to become an ERS member prior to October 1, 2002, to purchase their service credit pursuant to section 88-59(2), Hawaii Revised Statutes. (SB1155 HD1)

THE SENATE

S.B. NO.

1155

TWENTY-SECOND LEGISLATURE, 2003

S.D. 1

STATE OF HAWAII

H.D. 1


 

A BILL FOR AN ACT

 

relating to the office of hawaiian affairs.

 

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

SECTION 1. The legislature finds that due to an inconsistency in previous legislation (Act 183, Session Laws of Hawaii 2002) intended to extend the same retirement benefits to trustees of the office of Hawaiian affairs that are afforded to other elected salaried officials of the State, certain trustees of the office of Hawaiian affairs are unable to pay for past service credit through a lump sum contribution. The purpose of this Act is to remedy this problem and to ensure consistency in the retirement benefits extended to trustees of the office of Hawaiian affairs. This Act is not intended to set a precedent for other members of the employees' retirement system and should be construed only to rectify the inconsistency in previous legislation.

SECTION 2. Notwithstanding any other law to the contrary, membership service may be credited pursuant to section 88-59(2), Hawaii Revised Statutes, for any trustee of the office of Hawaiian affairs with fewer than five years of creditable service who elected to become a member of the employees' retirement system under section 88-54.5(1), Hawaii Revised Statutes; provided that the lump sum payment pursuant to section 88-59(2), Hawaii Revised Statutes, occurs by December 31, 2004. Nothing in this Act shall be construed as barring trustees of the office of Hawaiian affairs from acquiring service credit by any other method available to them under chapter 88, Hawaii Revised Statutes.

SECTION 3. This Act shall take effect upon its approval.