Bill Text: HI HB1040 | 2013 | Regular Session | Introduced
Bill Title: Retirement; Legislators; Retirement Allowances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-28 - Referred to LAB, FIN, referral sheet 6 [HB1040 Detail]
Download: Hawaii-2013-HB1040-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1040 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to retirement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to equalize the status of elected officials with other public servants and members of the general public by removing the ability of elected officials whose initial term of office commenced after November 5, 2012, to collect both a salary and a retirement allowance.
SECTION 2. Section 88-42.6, Hawaii Revised Statutes, is amended to read as follows:
"[[]§88-42.6[]]
Membership of elective officers. (a) An elective officer shall be a
member of the employees' retirement system; provided that an elective officer
shall have a one-time election to be excluded from membership in the employees'
retirement system.
(b) Unless the elective officer is a member of the system, a former member of the system, or a retirant, an elective officer shall make the election to be excluded from membership in the system no later than thirty days following the elective officer's taking office. The election shall be irrevocable. If the elective officer fails to make an election to be excluded from membership in the system within the period allowed for making the election, the elective officer shall become a member effective as of the date the elective officer takes office.
(c) Notwithstanding section 88-21, 88-98, 88-273(c), or 88-344, or any other law to the contrary, the retirement allowance of a retirant who returns to service as an elective officer shall not be suspended if the retirant:
(1) Retired pursuant to section 88-73(d); or
(2) Has been retired for at least twelve consecutive
months prior to return to service and elects to have the retirement allowance
continue. The election whether or not to have the retirant's retirement
allowance continue shall be irrevocable and shall be made no later than thirty
days following the retirant's first return to service as an elective officer[.];
unless the retirant's
initial term of office commenced after November 5, 2012. [If] During
the time any retirant's retirement allowance is not suspended, the
retirant shall not become a member of the system and shall not earn additional
service credit or gain any additional retirement benefits.
(d) An elective officer who is retired and who receives an allowance pursuant to section 88-73(d) shall not be eligible for membership in the system while serving as an elective officer."
(e) For purposes of this section, "initial term of office" means a term for an elected state or county public office not preceded by the retirant's service in an elected state or county public office on the day immediately preceding the commencement of the term of office in question."
SECTION 3. Section 88-73, Hawaii Revised Statutes, is amended to read as follows:
"§88-73 Service retirement. (a) Any member who:
(1) Became a member before July 1, 2012, and has at least five years of credited service and has attained age fifty-five;
(2) Became a member before July 1, 2012, and has at least twenty-five years of credited service;
(3) Has at least ten years of credited service, which includes service as a judge before July 1, 1999, an elective officer, or a legislative officer;
(4) Becomes a member after June 30, 2012, and has at least ten years of credited service and has attained age sixty; or
(5) Becomes a member after June 30, 2012, and has at least twenty-five years of credited service and has attained age fifty-five,
shall become eligible to receive a retirement allowance after the member has terminated service.
(b) Any member who first earned credited service as a judge after June 30, 1999, but before July 1, 2012, and who has at least five years of credited service and has attained age fifty-five or has at least twenty-five years of credited service shall become eligible to receive a retirement allowance after the member has terminated service. Any member who first earned credited service as a judge after June 30, 2012, and has at least ten years of credited service and has attained age sixty or has at least twenty-five years of credited service and has attained age fifty-five shall be eligible to receive a retirement allowance after the member has terminated service.
(c) A member may retire upon the written application specifying the date of retirement, which shall not be less than thirty days nor more than one hundred fifty days subsequent to the date of filing. Retirement shall be effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed.
(d) Any member
of the legislature who attains age sixty-five may retire and receive a service
retirement allowance although the member continues to fill the elective
position[.], unless the member's initial term of office
commenced after November 5, 2012.
(e) In the case of a class A or B member who also has prior credited service under part VII or part VIII, total credited service as a class A, class B, class C, and class H member shall be used to determine the eligibility for retirement allowance."
(f) For purposes of this section, "initial term of office" means a term for an elected state or county public office not preceded by the member's service in an elected state or county public office on the day immediately preceding the commencement of the term of office in question."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Retirement; Legislators; Retirement Allowances
Description:
Ends the ability of certain elected officials to receive both a retirement allowance and a salary during their terms of office.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
