RELATING TO RETIRED EDUCATION EMPLOYEES.

SB2872

THE SENATE

S.B. NO.

2872

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to retired EDUCATION EMPLOYEES
.

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

����
SECTION
1
.
�
Section 88-9, Hawaii Revised Statutes, is
amended by amending subsection (d) to read as follows:

����
"(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:

����
(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);

����
(2)
�
As a juror or precinct official;

����
(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[
[
],[
]
]
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
]
before

the first day of reemployment; and

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

����
(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
]
before

the first day of reemployment;

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

���������
(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

����
(5)
�
As a teacher or an administrator in a
teacher shortage area
or difficult-to-fill position
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
]
before

the first day of reemployment;

���������
(B)
�
No agreement was entered into between
the State or a county and the retirant [
prior to
]
before
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[
.
]
;

���������
(D)
�
The retirant shall receive the entry
level salary for the teacher or administrator position as negotiated in the
collective bargaining unit contract for that position; and

���������
(E)
�
The retirant shall not be eligible
for benefits typically afforded to active employees pursuant to chapter 78.
"

����
SECTION
2.
�
The department of education shall
adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this
Act, including establishing:

����
(1)
�
Procedures to identify teacher and
administrator shortage areas and difficult-to-fill positions; and

����
(2)
�
Guidelines for hiring retirants in
accordance with collective bargaining agreements.

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Statutory material to be repealed is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

����
SECTION
4.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

DOE;
Retirants; Benefits; Exemption; Teachers; Administrators; Difficult-to-Fill
Positions; Rules

Description:

Requires
retirants rehired as teachers or administrators in shortage areas or in
difficult-to-fill positions to be paid the entry level salary for the teacher
or administrator position as negotiated in the collective bargaining unit
contract.
�
Prohibits rehired retirants
from receiving additional employment benefits.
�

Requires the Department of Education to adopt rules.

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