STAND. COM. REP. NO. 1271

 

Honolulu, Hawaii

                  

 

RE:    H.B. No. 808

       H.D. 1

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred H.B. No. 808, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to preserve the tax qualified status of the Employees' Retirement System under section 401(a) of the Internal Revenue Code of 1986.

 

     Specifically, the bill amends the Employees' Retirement System law by:

 

(1)  Adding a provision to clarify that spousal terms include civil union partners and civil unions unless such recognition conflicts with the requirements of the Employees' Retirement System to be a tax-qualified plan under the Internal Revenue Code;

 

(2)  Adding a provision to specify that civil union partners are not entitled to the rights of spouses if they are not entitled to the rights of spouses under the Internal Revenue Code; and

 

(3)  Amending certain provisions of the Employees' Retirement System law to remove references to civil union partners.

 

     Your Committee received written comments in support of this measure from the Department of Budget and Finance.

 

     Your Committee received written comments on this measure from the Employees' Retirement System of the State of Hawaii.

 

     Your Committee finds that this measure is necessary to preserve the tax qualified status of the Employees' Retirement System for the benefit of all members in the System.

 

     Your Committee has amended this measure by:

 

(1)  Changing the effective date to upon approval; and

 

(2)  Making technical nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 808, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 808, H.D. 1, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

 

 

____________________________

DAVID Y. IGE, Chair