ERS; OHA Trustees

Provides retirement benefits for the trustees of the office of
Hawaiian affairs from July 1, 2000.

THE SENATE                              S.B. NO.           2382
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The purpose of this Act is to allow the trustees
 2 of the office of Hawaiian affairs to participate in and receive
 3 the same benefits from the retirement benefit programs in which
 4 other elected salaried officials of the State participate.
 5      SECTION 2.  Chapter 88, Hawaii Revised Statutes, is amended
 6 by adding a new section to be appropriately designated and to
 7 read as follows:
 8      "88-    Service while a member of the board of trustees of
 9 the office of Hawaiian affairs.  Notwithstanding any provisions
10 of section 10-9 that may previously have precluded a member of
11 the board of trustees of the office of Hawaiian affairs from
12 participating as a member of the employees' retirement system,
13 effective July 1, 2000, any member of the board of trustees of
14 the office of Hawaiian affairs electing to become a member of the
15 system shall be entitled to claim full membership service credit
16 as a class A member of the employees' retirement system for
17 service as a trustee."
18      SECTION 3.  Section 10-9, Hawaii Revised Statutes, is
19 amended to read as follows:

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 1      "10-9  Salaries; benefit; expenses.  Members of the board:
 2      (1)  Shall receive an annual salary which shall be paid:
 3           (A)  Exclusively from revenue under section 10-13.5;
 4                and
 5           (B)  In equal amounts, beginning with the first pay
 6                period for state employees in November of the year
 7                the member of the board is elected.
 8           Effective July 1, 1993, and until the salary commission
 9           makes recommendations for salary, the salary of the
10           chairperson of the board shall be $37,000 a year and
11           the salary of other members of the board shall be
12           $32,000 a year.  Any provision of law to the contrary
13           notwithstanding, all members of the board shall be
14           included in any benefit program generally applicable to
15           officers and employees of the State [except for benefit
16           programs relating to retirements];
17      (2)  Shall be allowed transportation fares between islands
18           and abroad;
19      (3)  Shall be allowed personal expenses at the rates
20           specified by section 78-15, while attending board
21           meetings or while on official business as authorized by
22           the chairperson, when those board meetings or official
23           business shall require a member to leave the island

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 1           upon which the member resides; and
 2      (4)  Shall be allowed a protocol allowance to cover expenses
 3           incurred in the course of a member's duties and
 4           responsibilities."
 5      SECTION 4.  Section 88-21, Hawaii Revised Statutes, is
 6 amended by amending the definition of "employee" to read as
 7 follows:
 8      ""Employee":  any employee or officer of the State or any
 9 county, including inspectors, principals, teachers and special
10 teachers, regularly employed in the public schools, cafeteria
11 managers and cafeteria workers, apprentices and on-the-job
12 trainees whether or not supported in whole or in part by any
13 federal grants, trustees of the office of Hawaiian affairs,
14 members of the legislature and other elective officers,
15 legislative employees who are employed on a full-time basis
16 during and between sessions, probationary and provisional
17 employees, any employee of the educational nonprofit public
18 corporation as provided in section 88-49.7, per diem employees
19 and others who are made eligible by reason of their employment to
20 membership in the system by or pursuant to any other provision of
21 law, but excluding:
22      (1)  Per diem employees who elect to withdraw or not to
23           become members as provided in section 88-42;

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 1      (2)  Members of the legislature who do not elect to be
 2           members as provided in section 88-42;
 3      (3)  Persons excluded by rules of the board pursuant to
 4           section 88-43.
 5      An individual is an employee during the period of a leave of
 6 absence if the individual is in service, as defined in this part,
 7 during the period of the leave of absence and the board shall
 8 determine who are employees within the meaning of this part."
 9      SECTION 5.  Section 88-42, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "88-42  Membership generally.  (a)  Except as otherwise
12 provided in this part, all employees of the Territory or any
13 county on July 1, 1945, shall be members of the system on such
14 date, and all persons who thereafter enter or reenter the service
15 of the State or any county shall become members at the time of
16 their entry or reentry.
17      (b)  Per diem workers shall become eligible for membership
18 on January 1, 1952, and all persons who are employed as per diem
19 workers after December 31, 1951, shall become members of the
20 system.  Any person who was a per diem worker before January 1,
21 1952, shall not, so long as the person is employed as a per diem
22 worker, be required to become a member or to remain a member if
23 the person has elected before October 2, 1953, to withdraw as a

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 1 member.
 2      (c)  Members of the legislature shall become eligible for
 3 membership on July 1, 1951.  Any member of the legislature in
 4 service on July 1, 1951, or thereafter entering or reentering the
 5 legislature, may become a member upon the legislator's own
 6 election.
 7      (d)  Members of the board of trustees of the office of
 8 Hawaiian affairs shall become eligible for membership on July 1,
 9 2000.  Any member of the board of trustees in service on July 1,
10 2000, or thereafter elected or reelected to the board of trustees
11 of the office of Hawaiian affairs, may become a member upon the
12 trustee's own election."
13      SECTION 6.  Statutory material to be repealed is bracketed.
14 New statutory material is underscored.
15      SECTION 7.  This Act shall take effect on July 1, 2000.
17                           INTRODUCED BY:  _______________________