Bill Text: HI SB63 | 2012 | Regular Session | Introduced
Bill Title: Health Benefits; Public Employees; Elected Officials; Forfeiture
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB63 Detail]
Download: Hawaii-2012-SB63-Introduced.html
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THE SENATE |
S.B. NO. |
63 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public employees' health benefits.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 78-2.8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§78-2.8[]] Public
employees[;] and elected officials; termination[.];
forfeiture of health benefits. (a) If a public employee is convicted
of a felony for conduct related to the public employee's duties, the public
employee shall be terminated from the public employee's position[.] and
shall forfeit benefits under chapter 87A. If an elected official is convicted
of a felony for conduct related to the elected official's duties, the elected
official shall forfeit benefits under chapter 87A.
(b) If the felony conviction that results in
the termination and forfeiture of benefits of a public employee pursuant
to subsection (a) is overturned on appeal, the public employee shall [receive]:
(1) Receive back pay and be returned to
the position the public employee held prior to conviction, or an equivalent
position if the public employee's position was filled; provided that the
employee is not terminated from the employee's position in accordance with any
other provision of law[.]; and
(2) Be reinstated to receive health benefits under chapter 87A.
(c) If the felony conviction that results in the forfeiture of benefits of an elected official pursuant to subsection (a) is overturned on appeal, the elected official shall be reinstated to receive health benefits under chapter 87A.
[(c)] (d) For purposes of this
section:
(1) "Public employee" means any public employee of the State or any county, and the political subdivisions and agencies thereof, any employees under contract with the State or county, any civil service employees, and any probationary or provisional employees of the State or county;
(2) Employees covered by chapter 89 shall be entitled
to a grievance procedure culminating in a final and binding decision; [and]
(3) [A] For a public employee, a
rebuttable presumption shall arise that the criminal conviction is just and
proper cause for the [employee's] termination[.] of the
employee's position and health benefits; and
(4) For an elected official, a rebuttable presumption shall arise that the criminal conviction is just and proper cause for the termination of the elected official's health benefits."
SECTION 2. Section 87A-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The board shall establish
eligibility criteria to determine who can qualify as an employee-beneficiary,
dependent-beneficiary, or qualified-beneficiary, consistent with [the provisions
of] this chapter[.] and section 78-2.8."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Health Benefits; Public Employees; Elected Officials; Forfeiture
Description:
Terminates public employees' and elected officials' health benefits upon conviction of a felony relating to the employees' or official's duties.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
