RELATING TO GOVERNMENT.

HB214

HOUSE OF REPRESENTATIVES

H.B. NO.

214

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
.
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The legislature finds that existing
law specifies the circumstances under which an employees' retirement system
retirant may be reemployed without the suspension of the retirant's benefits
and to provide remedies for the employees' retirement system if a retirant is
reemployed in violation of chapter 88, Hawaii Revised Statutes, 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 school resource officer positions in the department of education.

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Accordingly,
the purpose of this Act is to establish additional categories of retirants who
may be employed without reenrollment in the employees' retirement system and
without loss or interruption of benefits.

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SECTION

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

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1.
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By amending subsection (d) to read:

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"
(d)
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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)
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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)
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As a juror or precinct official;

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(3)
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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:

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

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(A)
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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)
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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)
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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)
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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:

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(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)
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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[
.
]
;

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(6)
�
As a school resource officer
identified by the department of education as a labor shortage or
difficult-to-fill position; provided that:

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(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)
�
The department of education 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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(7)
�
As an investigator identified by the
department of the attorney general as a labor shortage or difficult-to-fill
position; provided that:

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(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 retirant and the State or a county, prior to the retirement of the
retirant, for the return to work by the retirant after retirement; and

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(C)
�
The department of the attorney
general 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) of
subsection (d),
]
subsection (d)(4), (5), (6), and (7),
including the
number and positions of retirants."

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SECTION

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

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SECTION

4
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This Act shall
take effect on July 1, 2025.

INTRODUCED BY:

_____________________________

Report Title:

DOE; ATG;
ERS; Retirees; Hawaii Employer-Union Health Benefits Trust Fund; Benefits; School
Resource Officers; 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 a school resource officer or investigator in positions
identified by the Department of Education or the Department of the Attorney
General, respectively, as a labor shortage or difficult-to-fill positions, 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 school
resource officers or investigators.

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