HOUSE OF REPRESENTATIVES

H.B. NO.

395

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ACTIVE DUTY MILITARY ENTITLEMENTS.

 

 

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

 


SECTION 1. The purpose of this Act is to ensure that military personnel, when called to active duty, are paid without delay at the same rate as their active duty counterparts, are entitled to basic allowance for housing, and receive service credit toward public pension and retirement.

SECTION 2. Chapter 88, Hawaii Revised Statutes, is amended by adding a new section to part II, subpart E, to be appropriately designated and to read as follows:

"88-   Credit for military service; active duty. When ordered to active duty in the State, military personnel shall receive service credit for time in service while serving on active duty. This service credit shall count toward retirement if the individual is also a current state or county employee."

SECTION 3. Section 121-39, Hawaii Revised Statutes, is amended to read as follows:

"121-39 Pay of officers and warrant officers while on active duty. (a) Officers and warrant officers of the army or air national guard while on active duty of the State shall receive the pay and allowances of officers and warrant officers of similar grades of the United States Army and Air Force, respectively; provided that:

(1) The State shall allow officers and warrant officers to directly deposit their pay by electronic means to their personal banking accounts; and

(2) No pay or allowances shall be made to officers or warrant officers for any service for which they receive military pay and allowances from the United States.

(b) When ordered to active duty, officers and warrant officers of the army and air national guard shall be paid without delay from the date of deployment and, subject to rules adopted by the governor, shall be entitled to basic allowance for housing."

SECTION 4. Section 121-40, Hawaii Revised Statutes, is amended to read as follows:

"121-40 Pay of enlisted personnel while on active duty. (a) Enlisted personnel of the army and air national guard while on active duty in the service of the State, except during periods of annual field training or year-round field training, shall receive the same pay and allowances as enlisted personnel of similar rank in the United States Army and Air Force respectively; provided that the:

(1) State shall allow enlisted personnel to directly deposit their pay by electronic means to their personal banking accounts; and

(2) Aggregate of the pay and allowances, computed on a daily basis, shall in no event be less than the amount equal to ten times the hourly wage specified in section 387-2.

(b) When ordered to active duty, enlisted personnel of the army and air national guard shall be paid without delay from the date of deployment and, subject to rules adopted by the governor, shall be entitled to basic allowance for housing."

SECTION 5. Section 121-42, Hawaii Revised Statutes, is amended to read as follows:

"121-42 No pay without orders. No officer or enlisted member of the army or air national guard shall be entitled to receive the pay herein provided unless the orders detailing the officer or enlisted member for duty or subsequent orders, specify that pay is to be received for the service rendered[.]; provided that if a non-active duty officer or enlisted member of the army or air national guard is ordered to active duty, that military member shall be paid without delay from the date of deployment and, subject to rules adopted by the governor, shall be entitled to basic allowance for housing."

SECTION 6. Section 122A-8, Hawaii Revised Statutes, is amended to read as follows:

"122A-8 Pay and allowances. (a) When in the active service of the State, members of the Hawaii state defense force shall receive from the State the same basic pay and allowance for subsistence as prescribed by federal law and regulations for members of the army national guard, of like grade and length of service, when in the active service of the United States. [Subject to rules adopted by the governor, members may be subsisted in kind in lieu of a monetary allowance therefor.] When ordered to active duty, members of the Hawaii state defense force shall be paid without delay from the date of deployment.

(b) Subject to rules adopted by the governor, members of the Hawaii state defense force when in the active service of the State [may be quartered at the expense of the State or paid a monetary allowance in lieu thereof.] shall be entitled to basic allowance for housing."

SECTION 7. Section 123-8, Hawaii Revised Statutes, is amended to read as follows:

"123-8 Pay. (a) When engaged in exercises afloat or participating in encampments for instructions ashore, and when serving on general courts-martial, officers and [men] enlisted personnel of the navy shall receive the same pay as is at the time allowed by law to those holding similar positions in the United States navy.

(b) When ordered to active duty, officers and enlisted personnel of the navy shall be paid without delay from the date of deployment and, subject to rules adopted by the governor, shall be entitled to basic allowance for housing."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

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Report Title:

Department of Defense; State Activation; Active Duty Military Pay; Basic Allowance for Housing; Service Credit

 

Description:

Requires the State to pay, without delay, military personnel called to active duty at the same rate as their active duty counterparts; provide basic housing allowance; provide service credit for time on active duty; and allow state and county employees to count the time called to active duty in the State toward retirement.

 

 

 

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