Bill Text: HI HB638 | 2014 | Regular Session | Amended
Bill Title: Office of Hawaiian Affairs; Employee Benefits; Office of Information Practices
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [HB638 Detail]
Download: Hawaii-2014-HB638-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
638 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE OFFICE OF HAWAIIAN AFFAIRS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§87A- Applicability; office of Hawaiian affairs employees hired after December 31, 2013. (a) Effective January 1, 2014, except as provided in subsection (b), this chapter shall not apply to any officer or employee of the office of Hawaiian affairs whose salary is paid in whole or in part from funds derived from the public land trust described in section 10-3.
(b) Any officer or employee described in subsection (a) who is a member under this chapter on December 31, 2013, shall remain a member of the system unless the employee elects in writing on a form prescribed by the board to terminate the employee's membership. An election shall not be effective unless filed on or before June 30, 2014. Any officer or employee who elects to terminate the officer or employee's membership in accordance with this section shall be paid all of the officer or employee's accumulated contributions."
SECTION 2. Section 10-12, Hawaii Revised Statutes, is amended to read as follows:
"§10-12 Assistant; staff. (a)
The administrator may employ and retain such officers and employees as may be
necessary to carry out the functions of the office. Such officers and
employees may be hired without regard to chapter 76, and shall serve at the
pleasure of the administrator. Officers and employees of the office of
Hawaiian affairs shall be included in any benefit program generally applicable
to officers and employees of the State[.]; provided that officers or
employees whose salary is paid in whole or in part from funds derived from the
public land trust described in section 10-3 shall be excluded from benefit
programs as provided by law.
(b) All officers and employees of the office of Hawaiian affairs, regardless of whether their salaries are paid for by funds derived from the public land trust described in section 10-3 or through any other funding source shall be treated as employees of a state agency for the purposes of chapter 92F."
SECTION 3. Section 78-30, Hawaii Revised Statutes, is amended to read as follows:
"[[]§78-30[]] Cafeteria
plans. (a) Each chief executive may establish a wage and salary reduction
benefit program which qualifies as a cafeteria plan within the meaning of
section 125 of the Internal Revenue Code of 1986, as amended. The cafeteria
plan shall allow eligible employees to elect to reduce their pretax
compensation in return for payment by the jurisdiction of the expenses of
eligible benefits.
(b) In addition to any other powers and duties authorized by law, each chief executive may enter into all contracts necessary to establish, administer, or maintain the cafeteria plans.
(c) The contributions, interest earned, and forfeited participant balances may be held in trust outside of the jurisdiction's treasury for the benefit of the participants and the plan. The funds in trust shall not be subject to the jurisdiction's general creditors. Interest earned or forfeited participant balances may be used to defray participant fees and other administrative costs.
(d) Effective January 1, 2014, any provision of law to the contrary notwithstanding, any officer or employee of the office of Hawaiian affairs whose salary is paid in whole or in part from funds derived from the public land trust described in section 10-3, shall not be entitled to participate in any cafeteria plan established pursuant to this section except as provided in this section.
Any officer or employee described in this subsection who is a participant in a cafeteria plan under this section on December 31, 2013, shall remain a participant in the plan unless the officer or employee elects in writing on a form prescribed by the director to terminate the officer or employee's participation. An election shall not be effective unless filed on or before June 30, 2014. Any officer or employee who elects to terminate the officer or employee's membership in accordance with this section shall be paid, as applicable, all of the officer or employee's accumulated contributions, interest earned, and participant balances."
SECTION 4. Section 88-21, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:
""Employee": any employee or
officer of the State or any county, including inspectors, principals, teachers
and special teachers, regularly employed in the public schools, cafeteria
managers and cafeteria workers, apprentices and on-the-job trainees whether or
not supported in whole or in part by any federal grants, members of the
legislature and other elective officers, [including the trustees of the
office of Hawaiian affairs,] year-round legislative employees who are
employed on a full-time basis, probationary and provisional employees, any employee
of the educational nonprofit public corporation as provided in section 88-49.7,
per diem employees and others who are made eligible by reason of their
employment to membership in the system by or pursuant to any other provision of
law, but excluding:
(1) Per diem employees who elect to withdraw or not to become members as provided in section 88-42;
(2) Elective officers who do not elect to be members as provided in section 88-42.6;
(3) Session employees of the legislature employed
after October 31, 2006, in accordance with section 88-54.2; [and]
(4) Persons excluded by rules of the board pursuant
to section 88-43[.]; and
(5) Officers or employees of the office of Hawaiian affairs whose salary is paid in whole or in part from funds derived from the public land trust described in section 10-3.
An individual is an employee during the period of a leave of absence if the individual is in service, as defined in this part, during the period of the leave of absence and the board shall determine who are employees within the meaning of this part."
SECTION 5. Section 88-43, Hawaii Revised Statutes, is amended to read as follows:
"§88-43 Persons ineligible for membership. (a) Except with respect to faculty members or lecturers employed on one or more campuses of the University of Hawaii who hold multiple part-time appointments or positions, in such capacities, any of which may be less than one-half of a full-time equivalent but all of which, when added together, aggregate to at least one-half of a full-time equivalent position, the board may deny membership to any class of part-time employees or persons engaged in temporary employment of three months or less; provided that no officer or employee entering service after January 1, 1928, who is entitled to become a member of any pension system under part III shall be entitled to become a member of the system.
(b) Effective January 1, 2014, except as provided in this subsection, this chapter shall not apply to any officer or employee of the office of Hawaiian affairs whose salary is paid in whole or in part from funds derived from the public land trust described in section 10-3.
Any officer or employee as described in this subsection who is a member under this chapter on December 31, 2013, shall remain a member of the system unless the officer or employee elects in writing on a form prescribed by the board to terminate the officer or employee's membership. An election shall not be effective unless filed on or before June 30, 2014. Any officer or employee who elects to terminate the officer or employee's membership in accordance with this subsection shall be paid all of the officer or employee's accumulated contributions."
SECTION 6. Section 88-54.5, Hawaii Revised Statutes, is amended to read as follows:
"§88-54.5 Service while a member of the board of trustees of the office of Hawaiian affairs. Notwithstanding any provisions of section 10-9 that may previously have precluded a member of the board of trustees of the office of Hawaiian affairs from participating as a member of the employees' retirement system:
(1) Any trustee of the office of Hawaiian affairs in service on July 1, 2002, may become a member in accordance with section 88-43 by October 1, 2002; provided that no trustee elected or appointed after December 31, 2013, shall become a member;
(2) Any trustee of the office of Hawaiian affairs elected or appointed after July 1, 2002, shall become a member or elect to be excluded from membership in the system in accordance with section 88-42.6; provided that no trustee elected or appointed after December 31, 2013, shall become a member;
(3) Any service as a trustee of the office of Hawaiian affairs during the period of July 1, 1993, through July 1, 2002, if claimed by the member, shall be credited in the member's class at the time the service is acquired; provided that membership service shall be credited in accordance with sections 88-59, 88-272, and 88-324; and
(4) Any former trustee of the office of Hawaiian affairs who retired from service prior to July 1, 2002, shall not be entitled to claim membership service as a trustee during the period July 1, 1993, through June 30, 2002."
SECTION 7. Section 88D-1, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:
""Employee" shall have the same
meaning as defined in section 76-11[.]; provided that
"employee" shall not include officers or employees of the office of
Hawaiian affairs whose salary is paid in whole or in part from funds derived
from the public land trust described in section 10-3."
SECTION 8. Section 88F-1, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:
""Employee" means a part-time,
temporary, seasonal or casual employee, as defined by rules of the board of
trustees, who is not eligible to participate in the employees' retirement
system of the State under chapter 88[.] except an officer or employee
of the office of Hawaiian affairs whose salary is paid in whole or in part by
funds derived from the public land trust described in section 10-3."
SECTION 9. Section 89C-1.5, Hawaii Revised Statutes, is amended by amending the definition of "appropriate authority" to read as follows:
""Appropriate authority" means
the legislature, the governor, the respective mayors, the chief justice
of the supreme court, the board of education, the board of regents, the Hawaii
health [[]systems[]] corporation board, the auditor, the
ombudsman, and the director of the legislative reference bureau. These
individuals or boards may make adjustments for their respective excluded
employees[.]; provided that the legislature may make adjustments for
the office of Hawaiian affairs."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect on January 1, 2113.
Report Title:
Office of Hawaiian Affairs; Employee Benefits; Office of Information Practices
Description:
Repeals eligibility for ERS, EUTF, and cafeteria plan benefits for officers and employees of the Office of Hawaiian Affairs who are paid in whole or in part by funds derived from the public land trust described in section 10-3, HRS. States that all employees of the Office of Hawaiian Affairs shall be subject to the Uniform Information Practices Act (Modified). Effective January 1, 2113. (HB638 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
