STAND. COM. REP. NO.  388

 

Honolulu, Hawaii

                , 2021

 

RE:   H.B. No. 929

      H.D. 1

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 929 entitled:

 

"A BILL FOR AN ACT RELATING TO QUALIFIED DOMESTIC RELATIONS ORDERS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to clarify that:

 

     (1)  Hawaii domestic relations orders apply to benefits the Employees' Retirement System member is expected to receive or is receiving without regard to any Hawaii domestic relations order;

 

     (2)  The release of an Employees' Retirement System member's information may be initiated by a divorce decree;

 

     (3)  The Employees' Retirement System may notify the member, former member with vested benefit status, retirant, or alternate payee of the advisory review determination on proposed domestic relations orders;

 

     (4)  A Hawaii domestic relations order applied to a termination refund will not apply to any future return to work benefits of a member or former member with vested benefit status;

     (5)  Should a retirant be deceased within a year of retirement, any payments made to an alternate payee according to the terms of a Hawaii domestic relations order will be considered payments to the reitrant, should the beneficiary select an alternative benefit option;

 

     (6)  The priority of multiple orders will be based upon the date of the receipt of the domestic relations order; and

 

     (7)  The qualification of a domestic relations order shall supersede and terminate the qualification of any prior order between the same parties.

 

     Your Committee received testimony in support of this measure from the Employees' Retirement System Board of Trustees.

 

     Your Committee finds that on July 1, 2020, the Employees' Retirement System began processing Hawaii domestic relations order to allow the System to make direct payments to alternate payees.  This measure helps facilitate implementation and provides transparency on Employees' Retirement System benefits payable to parties involved by specifying the benefits payable and clarifies the process of qualification, approval, and application of Hawaii domestic relations order.

 

     Your Committee has amended this measure by 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 Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 929, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 929, H.D. 1, and be referred to your Committee on Finance.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair