RELATING TO GOVERNMENT.

HB1134

HOUSE OF REPRESENTATIVES

H.B. NO.

1134

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

RELATING
TO GOVERNMENT
.

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

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SECTION 1.
�
The legislature finds that in 2010, chapter
88, Hawaii Revised Statutes, was amended to clarify the circumstances under
which a retirant of the employees' retirement system of the state of Hawaii may
be reemployed without the suspension of the retirant's benefits and to provide
remedies for the employees' retirement system of the state of Hawaii if a
retirant is reemployed in violation of that chapter and any administrative rule
adopted thereunder.

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The
legislature further finds that there is a labor shortage that makes it
difficult to fill investigator positions in the department of the attorney
general and the department of law enforcement.

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Accordingly,
the purpose of this Act is to establish an additional category of retirants who
may be employed without re
‑
enrollment
in the employees' retirement system of the state of Hawaii and without loss or
interruption of benefits.

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SECTION
2.
�
Section 88-9, Hawaii Revised
Statutes, is amended as follows:

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1.
�
By amending subsection (d) to read:

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"(d)
�
A retirant may be employed without
reenrollment in the system and suffer no loss or interruption of benefits
provided by the system or under chapter 87A if the retirant is employed:

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(1)
�
As an elective officer pursuant to
section 88-42.6(c) or as a member of the legislature pursuant to section
88-73(d);

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(2)
�
As a juror or precinct official;

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(3)
�
As a part-time or temporary employee
excluded from membership in the system pursuant to section 88-43, as a session
employee excluded from membership in the system pursuant to section 88-54.2, as
the president and chief executive officer of the Hawaii tourism authority
excluded from membership in the system pursuant to section 201B-2, or as any
other employee expressly excluded by law from membership in the system;
provided that:

���������
(A)
�
The retirant was not employed by the
State or a county during the six calendar months prior to the first day of
reemployment; and

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(B)
�
No agreement was entered into between
the State or a county and the retirant, prior to the retirement of the
retirant, for the return to work by the retirant after retirement;

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(4)
�
In a position identified by the
appropriate jurisdiction as a labor shortage or difficult-to-fill position;
provided that:

���������
(A)
�
The retirant was not employed by the
State or a county during the twelve calendar months prior to the first day of
reemployment;

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(B)
�
No agreement was entered into between
the State or a county and the retirant, prior to the retirement of the
retirant, for the return to work by the retirant after retirement; and

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(C)
�
Each employer shall contribute to the
pension accumulation fund the required percentage of the rehired retirant's
compensation to amortize the system's unfunded actuarial accrued liability; [
or
]

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(5)
�
As a teacher or an administrator in a
teacher shortage area identified by the department of education or in a charter
school or as a mentor for new classroom teachers; provided that:

���������
(A)
�
The retirant was not employed by the
State or a county during the twelve calendar months prior to the first day of
reemployment;

���������
(B)
�
No agreement was entered into between
the State or a county and the retirant prior to the retirement of the retirant,
for the return to work by the retirant after retirement; and

���������
(C)
�
The department of education or charter
school shall contribute to the pension accumulation fund the required
percentage of the rehired retirant's compensation to amortize the system's
unfunded actuarial accrued liability[
.
]
; or

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(6)
�
As an investigator identified by the
department of the attorney general or the department of law enforcement as a
labor shortage or difficult
‑
to
‑
fill position; provided
that:

���������
(A)
�
The retirant was not employed by the
State or a county during the twelve calendar months prior to the first day of
reemployment;

���������
(B)
�
No agreement was entered into
between the State or a county and the retirant, prior to the retirement of the
retirant, for the return to work by the retirant after retirement; and

���������
(C)
�
The department of the attorney
general or department of law enforcement shall contribute to the pension
accumulation fund the required percentage of the rehired retirant's
compensation to amortize the system's unfunded actuarial accrued liability.
"

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2.
�
By amending subsection (f) to read:

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"(f)
�
No later than twenty days prior to the
convening of each regular legislative session, the director of human resources
of the appropriate state jurisdiction or the human resources management chief
executive of each county shall submit an annual report to the legislature
detailing the employment of retirants under paragraphs (4) [
and
]
,

(5)
, and (6)
of subsection (d), including the number and positions of
retirants."

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SECTION
3.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

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SECTION
4.
�
This Act, upon its approval, shall
take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

BY REQUEST

Report Title:

DLE; ATG;
ERS; Retirees; Benefits; Investigators; Counties; Report

Description:

Allows a
retirant to be employed without reenrollment in the Employees' Retirement
System and without loss or interruption of retirement benefits if the retirant
is employed as an investigator in a position identified by the Department of
the Attorney General or the Department of Law Enforcement as a labor shortage
or difficult�to-fill position, subject to certain conditions.
�
Requires the director of human resources of
the appropriate state jurisdiction or the human resources management chief
executive of each county to include in their annual reports to the Legislature,
details on the employment of retirants as investigators.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.