Report Title:

Relating to the Employees' Retirement System

Description:

Minimizes the administrative processing of refunding contributions for the employees excluded from Social Security.

THE SENATE

S.B. NO.

1310

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 88-47, Hawaii Revised Statutes, is amended to read as follows:

"§88-47 Membership. (a) There shall be three classes of members in the system to be known as class A, class B, and class C, defined as follows:

(1) Class A shall consist of members covered by section 88-74(3) and (4), those members whose salaries are set forth in sections 26-52 and 26-53, and their county counterparts, managing directors or administrative assistant to the mayor, and other department heads, including agency heads appointed by the mayor, first deputies appointed by the county attorney and prosecuting attorney, the county clerk and deputy county clerk of each county, the administrative director of the courts, the deputy administrative director of the courts, the executive director of the labor and industrial relations appeals board, the executive director of the Hawaii labor relations board, investigators of the department of the attorney general, narcotics enforcement investigators, water safety officers not making the election under section 88-271, public safety investigations staff investigators, and those members in service prior to July 1, 1984, including those who are on approved leave of absence, who are covered by Title II of the Social Security Act on account of service creditable under this part. This class shall consist of:

(A) All employees who enter membership after June 30, 1957, except employees in positions to which coverage under Title II of the Social Security Act is not extended;

(B) All employees who were members on July 1, 1957, who elected to be covered by the Social Security Act; and

(C) All former class A retirants who return to employment after June 30, 1984, requiring the retirant's active membership;

(2) Class B shall consist of [all] the following members [who are not class A or class C members; and]:

(A) Police officers and firefighters, and

(B) Employees who were members on June 30, 1957, who elected not to be covered by the Social Security Act; and

(3) Except for members described in paragraphs (1) and (2), class C shall consist of all employees in the following positions [covered by Title II of the Social Security Act who]:

(A) First enter service after June 30, 1984;

(B) Reenter service after June 30, 1984, without vested benefit status as provided in section 88-96(b);

(C) Make the election to become a class C member as provided in part VII; or

(D) Are former class C retirants who return to service requiring the retirant's active membership.

(b) None of the provisions of this part shall apply to class C members except as specifically provided in part VII."

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

SECTION 3. This Act shall take effect January 1, 2004.

INTRODUCED BY:

_____________________________

BY REQUEST