OHA; Retirement

Gives OHA trustee option to elect to become a member of the ERS.

HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT


 1      SECTION 1.   The legislature finds that the trustees of the
 2 office of Hawaiian affairs are elected by the native Hawaiian
 3 voters and serve as elected officers, but do not have the same
 4 option to participate in the employees' retirement system.  The
 5 purpose of this Act is to provide the board of trustees of the
 6 office of Hawaiian affairs with the same option available to
 7 other elective officers to choose whether or not to participate
 8 in the state employees' retirement plan.
 9      SECTION 2.  Chapter 88, Hawaii Revised Statutes, is amended
10 by adding a new section to be appropriately designated and to
11 read as follows:
12      "88-     Service while a member of the board of trustees of
13 the office of Hawaiian affairs.  Under rules as the board of
14 trustees of the state employees' retirement system, may adopt,
15 any trustee of the office of Hawaiian affairs electing to become
16 a member, shall file, on a form approved by the board, a detailed
17 statement of all service rendered by the trustee and for which
18 the trustee claims credit and which is not otherwise credited to
19 the trustee under this part.  The board shall verify as soon as
20 practicable the period of service therein claimed and shall allow

Page 2                                                     702
                                     H.B. NO.           

 1 prior service credit for all service rendered subsequent to
 2 November 1980, and prior to becoming a member, anything to the
 3 contrary in this part notwithstanding.  For the purpose of
 4 calculating prior service credit, each year of elective office
 5 shall be the equivalent of one year of service, but in no case
 6 shall more than one year of service be credited in twelve
 7 calendar months."
 8      SECTION 3.  Section 10-9, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      "10-9 Salaries; benefit; expenses.  Members of the board:
11      (1)  Shall receive an annual salary which shall be paid:
12           (A)  Exclusively from revenue under section 10-13.5;
13                and
14           (B)  In equal amounts, beginning with the first pay
15                period for state employees in November of the year
16                the member of the board is elected.
17           Effective July 1, 1993, and until the salary commission
18           makes recommendations for salary, the salary of the
19           chairperson of the board shall be $37,000 a year and
20           the salary of other members of the board shall be
21           $32,000 a year.  Any provision of law to the contrary
22           notwithstanding, all members of the board shall be
23           included in any benefit program generally applicable to

Page 3                                                     702
                                     H.B. NO.           

 1           officers and employees of the State [except for]
 2           including benefit programs relating to retirements;
 3      (2)  Shall be allowed transportation fares between islands
 4           and abroad;
 5      (3)  Shall be allowed personal expenses at the rates
 6           specified by section 78-15, while attending board
 7           meetings or while on official business as authorized by
 8           the chairperson, when those board meetings or official
 9           business shall require a member to leave the island
10           upon which the member resides; and
11      (4)  Shall be allowed a protocol allowance to cover expenses
12           incurred in the course of a member's duties and
13           responsibilities."
14      SECTION 4.  Section 88-21, Hawaii Revised Statutes, is
15 amended by amending the definitions of "elective officers" or
16 "elective official" and "employee" to read as follows:
17      ""Elective officer" or "elective official":  any person
18 elected to a public office or appointed to fill a vacancy of an
19 elective office, except as a delegate to a constitutional
20 convention, or member of the board of education [or trustee of
21 the office of Hawaiian affairs], in accordance with an election
22 duly held in the State or counties under chapter 11; provided
23 that the person receives compensation, pay, or salary for [such]

Page 4                                                     702
                                     H.B. NO.           

 1 the office."
 2      ""Employee":  any employee or officer of the State or any
 3 county, including inspectors, principals, teachers and special
 4 teachers, regularly employed in the public schools, cafeteria
 5 managers and cafeteria workers, apprentices and on-the-job
 6 trainees whether or not supported in whole or in part by any
 7 federal grants, members of the legislature, members of the board
 8 of trustees of the office of Hawaiian affairs, and other elective
 9 officers, legislative employees who are employed on a full-time
10 basis during and between sessions, probationary and provisional
11 employees, any employee of the educational nonprofit public
12 corporation as provided in section 88-49.7, per diem employees
13 and others who are made eligible by reason of their employment to
14 membership in the system by or pursuant to any other provision of
15 law, but excluding:
16      (1)  Per diem employees who elect to withdraw or not to
17           become members as provided in section 88-42;
18      (2)  Members of the legislature who do not elect to be
19           members as provided in section 88-42;
20      (3)  Persons excluded by rules of the board pursuant to
21           section 88-43[.]; and
22      (4)  Members of the board of trustees of the office of
23           Hawaiian affairs who do not elect to be members as

Page 5                                                     702
                                     H.B. NO.           

 1           provided in section 88-43.
 2      An individual is an employee during the period of a leave of
 3 absence if the individual is in service, as defined in this part,
 4 during the period of the leave of absence and the board shall
 5 determine who are employees within the meaning of this part."
 6      SECTION 5.  Statutory material to be repealed is bracketed.
 7 New statutory material is underscored.
 8      SECTION 6.  This Act shall take effect upon its approval.
10                           INTRODUCED BY:  _______________________