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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO EMPLOYMENT COMPENSATION IN THE JUDICIARY.



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

 1      SECTION 1.  The Legislature finds that the citizens of
 
 2 Hawaii as well as Hawaii's national jurisprudential reputation
 
 3 benefit from highly qualified experienced jurists.  The ability
 
 4 to attract and retain qualified jurists is directly linked to
 
 5 judicial compensation.  Therefore, an appropriate level of
 
 6 compensation must take into account the level of compensation
 
 7 that the jurist could earn elsewhere.  The Legislature further
 
 8 finds that the Judicial Salary Commission (commission), whose
 
 9 purpose is to review and recommend salaries of state justices,
 
10 judges, and administrative officers, published its report in
 
11 October 1998.  One of the commission's recommendations is to
 
12 increase judicial and appointed administrative officers' salaries
 
13 by twenty-seven per cent, distributed in equal increments over
 
14 three fiscal years, retroactive to July 1, 1997.  Another study
 
15 of judicial salaries was conducted by the Legislative Reference
 
16 Bureau (Bureau) in response to Senate Concurrent Resolution No.
 
17 2, Senate Draft 1, which was passed in 1997.  The Bureau noted
 
18 that judicial salaries have not increased since 1990 and have not
 
19 kept pace with inflation.  Among other things, the Bureau
 

 
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 1 recommended that one of four mechanisms be adopted that would
 
 2 provide regular reasonable judicial salary increases.  One
 
 3 proposed mechanism would tie judicial pay increases to the
 
 4 Consumer Price Index.
 
 5      The purpose of this act is to:
 
 6      1)   Amend the service retirement laws to correlate years on
 
 7           the bench with retirement benefits;
 
 8      2)   Increase judicial salaries as proposed by the 1998
 
 9           Judicial Salary Commission;
 
10      3)   Provide salary increases for the administrative
 
11           director and the deputy administrative director as
 
12           proposed by the 1998 Judicial Salary Commission; and
 
13      3)   Link future judicial salary annual increases to the
 
14           Honolulu Consumer Price Index (All Items Combined)-
 
15           Urban.
 
16                              PART I.
 
17      SECTION 2.  Section 88-73, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "88-73  Service retirement.  Retirement of a member on a
 
20 service retirement allowance shall be made by the board of
 
21 trustees or its designee as follows:
 
22      (1)  Any member who has at least five years of credited
 

 
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 1           service and who has attained age fifty-five or any
 
 2           member who has at least twenty-five years of credited
 
 3           service or any member who has at least ten years of
 
 4           credited service, including service as a judge, an
 
 5           elective officer, or the chief clerk, assistant clerk,
 
 6           sergeant at arms, or assistant sergeant at arms of
 
 7           either house of the legislature, may retire upon
 
 8           written application to the board specifying on what
 
 9           date, not less than thirty days nor more than ninety
 
10           days subsequent to the execution and filing thereof,
 
11           the member desires to be retired.  In the event of the
 
12           death of a member after the date of the filing of the
 
13           member's written application to retire, the designated
 
14           beneficiary, otherwise the personal representative of
 
15           the member's estate, shall receive the allowance under
 
16           the option selected by the member which would have been
 
17           payable had the member retired, and the benefits paid
 
18           to the beneficiary or representative shall be computed
 
19           as though the member had died on or after the effective
 
20           date of the member's retirement;
 
21      (2)  Any member who first enters service as a judge or
 
22           justice after June 30, 1999, or who reenters service as
 

 
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 1           a judge or justice after June 30, 1999, without vested
 
 2           benefit status as provided in section 88-96(b), or who
 
 3           is a former retirant who returns to service requiring
 
 4           the retirant's active membership, may retire upon
 
 5           written application to the board specifying on what
 
 6           date, not less than thirty days nor more than ninety
 
 7           days subsequent to the execution and filing thereof,
 
 8           the member desires to be retired; provided that the
 
 9           member has at least five years of credited service and
 
10           has attained age fifty-five or has at least twenty-five
 
11           years of credited service.  In the event of the death
 
12           of a member after the date of the filing of the
 
13           member's written application to retire, the designated
 
14           beneficiary, otherwise the personal representative of
 
15           the member's estate, shall receive the allowance under
 
16           the option selected by the member which would have been
 
17           payable had the member retired, and the benefits paid
 
18           to the beneficiary or representative shall be computed
 
19           as though the member had died on or after the effective
 
20           date of the member's retirement;
 
21     [(2)] (3)  Any member of the legislature who attains age
 
22           sixty-five may retire and receive a service retirement
 

 
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 1           allowance although the member continues to fill the
 
 2           elective position;
 
 3     [(3)] (4)  For the purpose of computing or determining
 
 4           benefits for an elective officer or judge, or any
 
 5           beneficiary of either, the date upon which the elective
 
 6           officer or judge elected to retire, as provided by
 
 7           section 88-61(c), after attaining an allowance of
 
 8           seventy-five per cent of average final compensation,
 
 9           shall be used as the effective date of retirement;
 
10           provided that the elective officer or judge may
 
11           continue in active service, but shall not receive a
 
12           retirement allowance until termination of active
 
13           service; [however,] provided that upon leaving active
 
14           service the elective officer or judge shall receive the
 
15           retirement allowance provided for in section 88-74,
 
16           together with the post retirement allowances provided
 
17           for in section 88-90, which post retirement allowances
 
18           shall be computed from the date of the election as
 
19           though the elective officer or judge had left active
 
20           service on that day; and
 
21     [(4)] (5)  In the case of a class A or B member who also has
 
22           prior credited service under part VII, total credited
 

 
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 1           service as a class A, class B, and class C member shall
 
 2           be used to determine the eligibility for retirement
 
 3           allowance."
 
 4      SECTION 3.  Section 88-74, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "88-74  Allowance on service retirement.  Upon retirement
 
 7 from service, a member shall receive a retirement allowance as
 
 8 follows:
 
 9      (1)  If the member has attained age fifty-five, a retirement
 
10           allowance of two per cent of the member's average final
 
11           compensation multiplied by the total number of years of
 
12           the member's credited service as a class A and B
 
13           member, excluding any credited service as [an] a judge,
 
14           elective officer, or legislative officer, plus a
 
15           retirement allowance of one and one-fourth per cent of
 
16           the member's average final compensation multiplied by
 
17           the total number of years of prior credited service as
 
18           a class C member; provided that:
 
19           (A)  After June 30, 1968, if the member has at least
 
20                ten years of credited service of which the last
 
21                five or more years prior to retirement is credited
 
22                service as a firefighter, police officer, or an
 

 
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 1                investigator of the department of the prosecuting
 
 2                attorney;
 
 3           (B)  After June 30, 1977, if the member has at least
 
 4                ten years of credited service of which the last
 
 5                five or more years prior to retirement is credited
 
 6                service as a corrections officer;
 
 7           (C)  After June 16, 1981, if the member has at least
 
 8                ten years of credited service of which the last
 
 9                five or more years prior to retirement is credited
 
10                service as an investigator of the department of
 
11                the attorney general;
 
12           (D)  After June 30, 1989, if the member has at least
 
13                ten years of credited service of which the last
 
14                five or more years prior to retirement is credited
 
15                service as a narcotics enforcement investigator; 
 
16           (E)  After December 31, 1993, if the member has at
 
17                least ten years of credited service of which the
 
18                last five or more years prior to retirement is
 
19                credited service as a water safety officer; and
 
20           (F)  After June 30, 1994, if the member has at least
 
21                ten years of credited service, of which the last
 
22                five or more years prior to retirement are
 

 
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 1                credited service as a public safety investigative
 
 2                staff investigator;
 
 3           then for each year of service as a firefighter, police
 
 4           officer, corrections officer, investigator of the
 
 5           department of the prosecuting attorney, investigator of
 
 6           the department of the attorney general, narcotics
 
 7           enforcement investigator, water safety officer, or
 
 8           public safety investigations staff investigator, the
 
 9           retirement allowance shall be two and one-half per cent
 
10           of the member's average final compensation.  The
 
11           maximum retirement allowance for those members shall
 
12           not exceed eighty per cent of the member's average
 
13           final compensation.  If the member has not attained age
 
14           fifty-five, the member's retirement allowance shall be
 
15           computed as though the member had attained age fifty-
 
16           five, reduced in accordance with factors of actuarial
 
17           equivalence adopted by the board upon the advice of the
 
18           actuary; provided that no reduction shall be made if
 
19           the member has at least twenty-five years of credited
 
20           service as a firefighter, police officer, corrections
 
21           officer, investigator of the department of the
 
22           prosecuting attorney, investigator of the department of
 

 
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 1           the attorney general, narcotics enforcement
 
 2           investigator, public safety investigations staff
 
 3           investigator, sewer worker, or water safety officer, of
 
 4           which the last five or more years prior to retirement
 
 5           is credited service in such capacities;
 
 6      (2)  If the member has made voluntary additional
 
 7           contributions for the purchase of an additional annuity
 
 8           and has not applied for a refund as permitted by
 
 9           section 88-72, the member may accept the refund at the
 
10           time of retirement or, in lieu thereof, receive in
 
11           addition to the retirement allowance provided in
 
12           paragraph (1), an annuity that is the actuarial
 
13           equivalent of the additional contributions with regular
 
14           interest;
 
15      (3)  If the member has credited service beginning after June
 
16           30, 1999 as a judge, the member's retirement allowance
 
17           shall be computed on the following basis:
 
18           (A)  [Irrespective of age,] If the member has attained
 
19                age fifty-five, for each year of credited service
 
20                as a judge, three and one-half per cent of the
 
21                member's average final compensation in addition to
 
22                an annuity that is the actuarial equivalent of the
 

 
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 1                member's accumulated contributions allocable to
 
 2                the period of such service; and
 
 3           (B)  For all other credited service, as provided in
 
 4                paragraphs (1), (2), and [(4).] (5).  No allowance
 
 5                shall exceed seventy-five per cent of the member's
 
 6                average final compensation.  If the allowance
 
 7                exceeds this limit, it shall be adjusted by
 
 8                reducing the annuity included in subparagraph (A),
 
 9                and the portion of the accumulated contributions
 
10                specified in that subparagraph in excess of the
 
11                requirements of the reduced annuity shall be
 
12                returned to the member.
 
13           The allowance for judges under this paragraph, together
 
14           with the retirement allowance provided by the federal
 
15           government for similar service, shall in no case exceed
 
16           seventy-five per cent of the member's average final
 
17           compensation; [or]
 
18      (4)  If the member has credited service beginning before
 
19           June 30, 1999, as a judge, the member's retirement
 
20           allowance shall be computed on the following basis:
 
21           (A)  Irrespective of age, for each year of credited
 
22                service as a judge, three and one-half per cent of
 

 
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 1                the member's average final compensation in
 
 2                addition to an annuity that is the actuarial
 
 3                equivalent of the member's accumulated
 
 4                contributions allocable to the period of such
 
 5                service; or
 
 6      (5)  If the member has credited service as an elective
 
 7           officer or as a legislative officer, the member's
 
 8           retirement allowance shall be derived by adding the
 
 9           allowances computed separately under subparagraphs (A),
 
10           (B), (C), [and] (D), and (E) as follows:
 
11           (A)  Irrespective of age, for each year of credited
 
12                service as an elective officer, three and one-half
 
13                per cent of the member's average final
 
14                compensation as computed under section
 
15                88-81(d)(1), in addition to an annuity that is the
 
16                actuarial equivalent of the member's accumulated
 
17                contributions allocable to the period of service;
 
18                and
 
19           (B)  Irrespective of age, for each year of credited
 
20                service as a legislative officer, three and one-
 
21                half per cent of the member's average final
 
22                compensation as computed under section
 

 
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 1                88-81(d)(2), in addition to an annuity that is the
 
 2                actuarial equivalent of the member's accumulated
 
 3                contributions allocable to the period of service;
 
 4           (C)  [Irrespective of age,] If the member has attained
 
 5                age fifty-five, for each year of credited service
 
 6                beginning after June 30, 1999, as a judge, three
 
 7                and one-half per cent of the member's average
 
 8                final compensation as computed under section 88-
 
 9                81(d)(3), in addition to an annuity that is the
 
10                actuarial equivalent of the member's accumulated
 
11                contributions allocable to the period of service;
 
12                [and]
 
13           (D)  Irrespective of age, for each year of credited
 
14                service beginning before June 30, 1999, as a
 
15                judge, three and one-half per cent of the member's
 
16                average final compensation as computed under
 
17                section 88-81(d)(3), in addition to an annuity
 
18                that is the actuarial equivalent of the member's
 
19                accumulated contributions allocable to the period
 
20                of service; and
 
21           (E)  For each year of credited service not included in
 
22                subparagraph (A), (B), [or] (C), or (D), the
 

 
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 1                average final compensation as computed under
 
 2                section 88-81(d)(4) shall be multiplied by two per
 
 3                cent, two and one-half per cent, or one and one-
 
 4                quarter per cent, as applicable to the credited
 
 5                service earned as a class A, B, or C member,
 
 6                respectively.
 
 7           The total retirement allowance shall not exceed
 
 8           seventy-five per cent of the member's highest average
 
 9           final compensation calculated under section
 
10           88-81(d)(1), (2), (3), [or] (4), or (5).  If the
 
11           allowance exceeds this limit, it shall be adjusted by
 
12           reducing any annuity accrued under subparagraphs (A),
 
13           (B), and (C) and the portion of the accumulated
 
14           contributions specified in these subparagraphs in
 
15           excess of the requirements of the reduced annuity shall
 
16           be returned to the member.  If a member has service
 
17           credit as an elective officer or as a legislative
 
18           officer in addition to service credit as a judge, then
 
19           the retirement benefit calculation contained in this
 
20           paragraph shall supersede the formula contained in
 
21           paragraph (3)."
 
22                             PART II.
 

 
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 1      SECTION 4.  Section 603-3, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "601-3 Administrative director.  The chief justice, with
 
 4 the approval of the supreme court, shall appoint an
 
 5 administrative director of the courts to assist the chief justice
 
 6 in directing the administration of the judiciary.  The
 
 7 administrative director shall be a resident of the State for a
 
 8 continuous period of three years prior to the administrative
 
 9 director's appointment, and shall be appointed without regard to
 
10 chapters 76 and 77 and shall serve at the pleasure of the chief
 
11 justice.  The administrative director shall hold no other office
 
12 or employment.  Effective [January 1, 1989,] July 1, 1997, the
 
13 administrative director shall receive a salary of [$81,629]
 
14 $92,979 a year.  Effective [January 1, 1990,] July 1, 1998, the
 
15 administrative director shall receive a salary of [$85,302]
 
16 $101,347 a year.  Effective July 1, 1999, the administrative
 
17 director shall receive a salary of $110,468 a year.  The
 
18 administrative director shall, subject to the direction of the
 
19 chief justice, perform the following functions:
 
20      (1)  Examine the administrative methods of the courts and
 
21           make recommendations to the chief justice for their
 
22           improvement;
 

 
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 1      (2)  Examine the state of the dockets of the courts, secure
 
 2           information as to their needs of assistance, if any,
 
 3           prepare statistical data and reports of the business of
 
 4           the courts and advise the chief justice to the end that
 
 5           proper action may be taken;
 
 6      (3)  Examine the estimates of the courts for appropriations
 
 7           and present to the chief justice the administrative
 
 8           director's recommendations concerning them;
 
 9      (4)  Examine the statistical systems of the courts and make
 
10           recommendations to the chief justice for a uniform
 
11           system of judicial statistics;
 
12      (5)  Collect, analyze, and report to the chief justice
 
13           statistical and other data concerning the business of
 
14           the courts;
 
15      (6)  Assist the chief justice in the preparation of the
 
16           budget, the six-year program and financial plan, the
 
17           variance report and any other reports requested by the
 
18           legislature;
 
19      (7)  Carry out all duties and responsibilities that are
 
20           specified in Title 7 as it pertains to employees of the
 
21           judiciary; and
 
22      (8)  Attend to such other matters as may be assigned by the
 

 
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 1           chief justice.
 
 2      The administrative director shall, with the approval of the
 
 3 chief justice, appoint a deputy administrative director of the
 
 4 courts without regard to chapters 76 and 77 and such assistants
 
 5 as may be necessary.  Such assistants shall be appointed without
 
 6 regard to chapters 76 and 77.  Effective [January 1, 1989,] July
 
 7 1, 1997, the salary of the deputy administrative director shall
 
 8 be [$74,608] $84,893 a year.  Effective [January 1, 1990,] July
 
 9 1, 1998, the salary of the deputy administrative director shall
 
10 be [$77,966] $92,631 a year.  Effective July 1, 1999, the salary
 
11 of the deputy administrative director shall be $100,968 a year.
 
12 The administrative director shall be provided with necessary
 
13 office facilities.
 
14      The judges, clerks, officers, and employees of the courts
 
15 shall comply with all requests of the administrative director for
 
16 information and statistical data relating to the business of the
 
17 courts and expenditure of public funds for their maintenance and
 
18 operation."
 
19      SECTION 5.  Section 602-2, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "602-2 Salary, supreme court justices.  Effective [January
 
22 1, 1989,] July 1, 1997, the salary of the chief justice of the
 

 
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 1 supreme court shall be [$90,699] $103,310 a year and the salary
 
 2 of each associate justice of the supreme court shall be [$89,699]
 
 3 $102,220 a year.  Effective [January 1, 1990,] July 1, 1998, the
 
 4 salary of the chief justice of the supreme court shall be
 
 5 [$94,780] $112,608 a year and the salary of each associate
 
 6 justice of the supreme court shall be [$93,780] $111,420 a year.
 
 7 Effective July 1, 1999, the salary of the chief justice of the
 
 8 supreme court shall be $122,743 a year and the salary of each
 
 9 associate justice of the supreme court shall be $121,448 a year.
 
10 Effective July 1, 2002, the annual salary of the chief justice of
 
11 the supreme court and of each associate justice of the supreme
 
12 court shall be adjusted by the average of the Honolulu Consumer
 
13 Price Index (All Items Combined)-Urban increases for the previous
 
14 three years."
 
15      SECTION 6.  Section 602-52, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      "602-52  Salary.  Effective [January 1, 1989,] July 1,
 
18 1997, the salary of the chief judge of the intermediate appellate
 
19 court shall be [$87,199] $99,495 a year and the salary of each
 
20 associate judge shall be [$85,699] $97,860 a year.  Effective
 
21 [January 1, 1990,] July 1, 1998, the salary of the chief judge of
 
22 the intermediate appellate court shall be [$91,280] $108,450 a
 

 
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 1 year and the salary of each associate judge shall be [$89,780]
 
 2 $106,667 a year.  Effective July 1, 1999, the salary of the chief
 
 3 judge of the intermediate appellate court shall be $118,211 a
 
 4 year and the salary of each associate judge shall be $116,267 a
 
 5 year.  Effective July 1, 2002, the annual salary of the chief
 
 6 judge of the intermediate appellate court and each associate
 
 7 judge of the intermediate appellate court shall be adjusted by
 
 8 the average of the Honolulu Consumer Price Index (All Items
 
 9 Combined)-Urban increases for the previous three years."
 
10      SECTION 7.  Section 603-5, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "603-5 Salary of circuit court judges.  Effective
 
13 [January 1, 1989,] July 1, 1997, the salary of each circuit court
 
14 judge of the various circuit courts of the State shall be
 
15 [$82,699] $94,590 a year.  Effective [January 1, 1990,] July 1,
 
16 1998, the salary of each circuit court judge of the various
 
17 circuit courts of the State shall be [$86,780] $103,103 a year.
 
18 Effective July 1, 1999, the salary of each circuit court judge of
 
19 the various circuit courts of the State shall be $112,382 a year.
 
20 Effective July 1, 2002, the annual salary of each circuit court
 
21 judge shall be adjusted by the average of the Honolulu Consumer
 
22 Price Index (All Items Combined)-Urban increases for the previous
 

 
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 1 three years."
 
 2      SECTION 8.  Section 604-2.5, Hawaii Revised Statutes, is
 
 3 amended to read as follows:
 
 4      "604-2.5  Salary of district judges.  Effective [January 1,
 
 5 1989,] July 1, 1997, the salary of each district court judge of
 
 6 the various district courts of the State shall be [$77,699]
 
 7 $89,140 a year.  Effective [January 1, 1990,] July 1, 1998, the
 
 8 salary of each district court judge of the various district
 
 9 courts of the State shall be [$81,780] $97,163 a year.  Effective
 
10 July 1, 1999, the salary of each district court judge shall be
 
11 $105,908 a year.  Effective July 1, 2002, the annual salary of
 
12 each district court judge shall be adjusted by the average of the
 
13 Honolulu Consumer Price Index (All Items Combined)-Urban
 
14 increases for the previous three years.
 
15      Whenever the chief justice appoints a district court judge
 
16 of any of the various district courts of the State to serve
 
17 temporarily as a circuit court judge of any of the various
 
18 circuit courts of the State, the judge shall receive per diem
 
19 compensation for the days on which actual service is rendered
 
20 based on the monthly rate of compensation paid to a circuit court
 
21 judge.  For the purpose of determining per diem compensation in
 
22 this section, a month shall be deemed to consist of twenty-one
 

 
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 1 days."
 
 2                             PART III.
 
 3      SECTION 9.  Section 608-1.5, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "608-1.5  Judicial salary commission.  (a)  There [shall
 
 6 be] is established a judicial salary commission [to review and
 
 7 recommend salaries of] who shall be attached to the judicial
 
 8 council for administrative purposes only.  The commission shall
 
 9 determine the annual and periodic adjustments to salaries for
 
10 justices and judges of all state courts and appointed judiciary
 
11 administrative officers.  The commission shall be composed of
 
12 five members, two to be appointed by the governor, one by the
 
13 president of the senate, one by the speaker of the house, and one
 
14 by the chief justice.  Members shall be appointed for terms of
 
15 four years each.  Members shall not receive compensation for
 
16 their services, but shall be reimbursed for traveling and other
 
17 expenses incidental to the performance of commission duties.
 
18 [For administrative purposes only, the commission shall be
 
19 attached to the judicial council.]
 
20      (b)  The salary of the chief justice of the supreme court,
 
21 each associate justice of the supreme court, the chief judge of
 
22 the intermediate appellate court, each associate judge of the
 

 
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 1 intermediate appellate court, each circuit court judge, and each
 
 2 district court judge shall be adjusted annually by the average
 
 3 increase from the pervious three years of the Honolulu Consumer
 
 4 Price Index (All Items Combined)-Urban.  The commission annually
 
 5 shall compute the three year Honolulu Consumer Price Index (All
 
 6 Items Combined)-Urban average and establish the annual salary
 
 7 increase for each justice and judge not later than September 15,
 
 8 of each year.
 
 9      (c)  [By] Notwithstanding the Honolulu Consumer Price Index
 
10 (All Items Combined)-Urban average annual salary adjustment, the
 
11 commission may recommend periodic salary increases.  Not later
 
12 than October 15 of each year preceding a fiscal biennium, the
 
13 commission shall submit its recommendations in a report to the
 
14 legislature, with copies to be submitted to the governor and
 
15 chief justice.
 
16      (d)  At the next regular legislative session, [the amounts
 
17 recommended] all increased salary amounts of each justice and
 
18 judge computed and adjusted by the commission pursuant to
 
19 subsection (b), shall be submitted by the chief justice as part
 
20 of the judiciary's proposed budget pursuant to the budgetary
 
21 procedures specified in chapter 37 and section 601-2(c).  The
 
22 increased salary amounts computed and adjusted pursuant to this
 

 
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 1 section shall become law unless rejected in their entirety by a
 
 2 majority vote of the legislature.  Salary amounts in the budget
 
 3 as enacted shall take precedence over any inconsistent statutes."
 
 4                             PART IV.
 
 5      SECTION 10.  There is appropriated out of the general
 
 6 revenues of the State of Hawaii the sum of $4,121,073, or so much
 
 7 thereof as may be necessary for fiscal year 1999-2000 and the sum
 
 8 of $2,121,413, or so much thereof as may be necessary for fiscal
 
 9 year 2000-2001 for salaries in the judiciary.  The sums
 
10 appropriated shall be expended by the judiciary for the purposes
 
11 of this Act.
 
12      SECTION 11.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 12.  If any provision of this Act, or the
 
15 application thereof to any person or circumstance is held
 
16 invalid, the invalidity does not affect other provisions or
 
17 applications of the Act which can be given effect without the
 
18 invalid provision or application, and to this end the provisions
 
19 of this Act are severable.
 
20                              PART V.
 
21      SECTION 13.  This Act shall take effect upon approval;
 
22 provided that with respect to judges and justices who are members
 

 
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 1 of the employees' retirement system and who are appointed prior
 
 2 to the effective date of this Act, the members' benefits shall
 
 3 not be diminished nor impaired by this Act; and provided further
 
 4 that part III shall take effect on July 1, 2002.
 

 
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