REPORT TITLE:
Government Pension Benefits


DESCRIPTION:
Allows a surviving spouse or reciprocal beneficiary of a police
officer, firefighter, deputy sheriff, or public safety officer
killed in the line of duty, to remarry, marry, or enter into a
new reciprocal beneficiary relationship and to continue to
receive pension and other retirement benefits arising from their
former spouse's employment.  (SB3002 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3002
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE EMPLOYEES' RETIREMENT SYSTEM.



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

 1      SECTION 1.  Chapter 88, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "88-    Reinstatement of benefits.  A surviving spouse or
 
 5 reciprocal beneficiary whose benefits under this chapter arose
 
 6 from their spouse's or reciprocal beneficiary's membership
 
 7 through employment as a police officer, firefighter, deputy
 
 8 sheriff, or public safety officer, and whose pension or benefit
 
 9 was terminated by reason of remarriage, marriage, or entry into a
 
10 reciprocal beneficiary relationship occurring subsequent to the
 
11 death of the member who died in the line of duty, may apply for
 
12 reinstatement of the terminated pension or benefit.  The level of
 
13 reinstated pension or benefit payments shall be the amount
 
14 received by the surviving spouse or reciprocal beneficiary on the
 
15 date that the payment was terminated, adjusted to reflect ad hoc
 
16 and scheduled increases from the date of termination to the date
 
17 of reinstatement."
 
18      SECTION 2.  Section 88-1, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 

 
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 1      "88-1 Restrictions.  The provisions of this section shall
 
 2 be applicable to every pension and to every recipient or
 
 3 beneficiary thereof, granted or provided for by any special act
 
 4 of the legislature (other than benefits, or the recipients
 
 5 thereof, payable to beneficiaries or retirants of the employees'
 
 6 retirement system under part II) whether the pension be payable
 
 7 by the State or by any county, or by any board, commission,
 
 8 bureau, department, or other agency thereof:
 
 9      (1)  No recipient or beneficiary shall be permitted to draw
 
10           any pension, or any portion thereof, in excess of $50
 
11           per month, while the recipient or beneficiary is
 
12           holding any salaried position or office in, under, or
 
13           by authority of the United States, the State, or any
 
14           political subdivision thereof.  This paragraph shall
 
15           not apply to any recipient or beneficiary who is
 
16           elected to the legislature or to the council of any
 
17           county[.];
 
18      (2)  If the recipient or beneficiary is a surviving spouse
 
19           or reciprocal beneficiary, the pension so granted shall
 
20           cease when the surviving spouse or reciprocal
 
21           beneficiary remarries, marries, or enters into a new
 
22           reciprocal beneficiary relationship[.]; provided that
 
23           this paragraph shall not apply to a surviving spouse or
 

 
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 1           reciprocal beneficiary of a police officer,
 
 2           firefighter, deputy sheriff, or public safety officer
 
 3           killed in the line of duty;
 
 4      (3)  Any pension payable to any minor shall cease when the
 
 5           minor reaches the age of eighteen years[.]; and
 
 6      (4)  If any recipient or beneficiary of a pension, having a
 
 7           spouse or reciprocal beneficiary at the time the
 
 8           pension was first granted to the recipient or
 
 9           beneficiary dies, then the spouse or reciprocal
 
10           beneficiary, as long as the spouse or reciprocal
 
11           beneficiary remains unmarried or not in a reciprocal
 
12           beneficiary relationship, shall be paid sixty per cent
 
13           of the amount of the pension payable to the
 
14           beneficiary[.]; provided that payments shall not be
 
15           terminated when a recipient police officer,
 
16           firefighter, deputy sheriff, or public safety officer
 
17           dies in the line of duty, and their surviving spouse or
 
18           reciprocal beneficiary remarries, marries, or enters
 
19           into a new  reciprocal beneficiary relationship."
 
20      SECTION 3.  Section 88-85, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "88-85  Accidental death benefit.  Upon the receipt of
 
23 proper proofs of a member's death by the board of trustees, there
 

 
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 1 shall be paid to the member's designated beneficiary or to the
 
 2 member's estate the amount of the member's accumulated
 
 3 contributions and if, upon the receipt of evidence or proofs that
 
 4 the death was the natural and proximate result of an accident
 
 5 occurring at some definite time and place while the member was in
 
 6 the actual performance of duty, or that the death was due to the
 
 7 result of some occupational hazard, the board shall decide that
 
 8 the death was the result of an accident in the performance of
 
 9 duty and not caused by wilful negligence on the part of the
 
10 member, there shall be paid in lieu of the ordinary death
 
11 benefits provided by the contributions of the State or county, a
 
12 pension of one-half of the average final compensation of the
 
13 member:
 
14      (1)  To the surviving spouse or reciprocal beneficiary of
 
15           the member to continue until the surviving spouse or
 
16           reciprocal beneficiary remarries, marries, or enters
 
17           into a new reciprocal beneficiary relationship;
 
18           provided that payments under this paragraph shall not
 
19           terminate when a surviving spouse or reciprocal
 
20           beneficiary of a police officer, firefighter, deputy
 
21           sheriff, or public safety officer killed in the line of
 
22           duty, remarries, marries, or enters into a new
 
23           reciprocal beneficiary relationship; or
 

 
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 1      (2)  If there be no surviving spouse or reciprocal
 
 2           beneficiary, or if the surviving spouse or reciprocal
 
 3           beneficiary dies or remarries, marries, or enters into
 
 4           a new reciprocal beneficiary relationship before any
 
 5           child of the deceased member shall have attained the
 
 6           age of eighteen years, then to the deceased member's
 
 7           child or children under such age, divided in such
 
 8           manner as the board in its discretion shall determine,
 
 9           to continue as a joint and survivor pension of one-half
 
10           of the deceased member's final compensation until every
 
11           child dies, or attains such age; provided that payments
 
12           shall be made to a surviving spouse or reciprocal
 
13           beneficiary of a police officer, firefighter, deputy
 
14           sheriff, or public safety officer killed in the line of
 
15           duty, regardless of whether the surviving spouse or
 
16           reciprocal beneficiary remarries, marries, or enters
 
17           into a new reciprocal beneficiary relationship before
 
18           any child of the deceased member attains the age of
 
19           eighteen years; or
 
20      (3)  If there is no surviving spouse or reciprocal
 
21           beneficiary or child under the age of eighteen years
 
22           surviving the deceased member, then to the deceased
 
23           member's dependent father or dependent mother, as the
 

 
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 1           deceased member shall have nominated by written
 
 2           designation duly acknowledged and filed with the board,
 
 3           or if there is no such nomination, then to the deceased
 
 4           member's dependent father or to the deceased member's
 
 5           dependent mother as the board, in its discretion, shall
 
 6           direct to continue for life.
 
 7      Notwithstanding any other law to the contrary, any condition
 
 8 of impairment of health caused by any disease of the heart,
 
 9 lungs, or respiratory system, resulting in death to a
 
10 firefighter, police officer, or sewer worker, shall be presumed
 
11 to have been suffered in the actual performance of duty at some
 
12 definite time and place through no wilful negligence on the
 
13 firefighter's, police officer's, or sewer worker's part, and as a
 
14 result of the inherent occupational hazard of exposure to and
 
15 inhalation of smoke, toxic gases, chemical fumes, and other toxic
 
16 vapors, unless the contrary be shown by competent evidence;
 
17 provided that such firefighter, police officer, or sewer worker
 
18 shall have passed a physical examination on entry into such
 
19 service or subsequent to such entry, which examination failed to
 
20 reveal any evidence of such condition."
 
21      SECTION 4.  Section 88-163, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 

 
 
 
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 1      "88-163  Death benefits:  funeral expenses; payments to
 
 2 dependents.(a)  Upon the death of any member of the police
 
 3 force, fire department, or band, as a result of any injury
 
 4 received or disease contracted while in the performance of his
 
 5 duty, or when entitled to a pension under this part or who has
 
 6 been pensioned under this part there shall be paid, for funeral
 
 7 expenses, a sum not to exceed $100.  Should the deceased member
 
 8 leave a dependent widow or reciprocal beneficiary and a child or
 
 9 children under the age of eighteen years, then there shall be
 
10 paid out of the system $50 per month to the widow until her death
 
11 or remarriage or to the reciprocal beneficiary until death,
 
12 marriage, or entry into a new reciprocal beneficiary relationship
 
13 and $7.50 per month to the widow or reciprocal beneficiary for
 
14 each child so long as the child shall reside with the widow or
 
15 reciprocal beneficiary or is supported by the widow or reciprocal
 
16 beneficiary[.]; provided that termination under this subsection
 
17 of payments upon remarriage, marriage, or entry into a new
 
18 reciprocal beneficiary relationship shall not apply where
 
19 payments arise out of the deceased member's employment with the
 
20 police force or fire department and where the deceased member was
 
21 killed in the line of duty.  Upon the death of such widow or
 
22 reciprocal beneficiary, or in the event the deceased member
 
23 leaves no widow or reciprocal beneficiary but a child or children
 

 
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 1 under the age of eighteen years, then there shall be paid out of
 
 2 the system $50 per month to the child or children of the deceased
 
 3 member under the age of eighteen years with each child, if there
 
 4 be more than one, receiving an equal share of the $50 per month
 
 5 payment plus $7.50 per month.  All payments to a child of a
 
 6 deceased member provided for herein shall cease when he or she
 
 7 arrives at the age of eighteen years.
 
 8      (b)  If any member of the police force, fire department, or
 
 9 band, dies not leaving a widow or reciprocal beneficiary, but
 
10 leaving a father or mother dependent upon him, the father or
 
11 mother (but not both) shall, upon satisfactory proof of
 
12 dependency being made to the board of trustees receive from the
 
13 system a sum not exceeding $50 per month.  The board shall
 
14 determine whether the father or mother is dependent and how much
 
15 of the amount herein provided for shall be paid to him or her.
 
16 If there be no widow or reciprocal beneficiary and no child and
 
17 no father or mother, but dependent brothers or sisters, then such
 
18 pension shall be paid to them in such sums as shall not exceed
 
19 the aggregate amount of $30 per month.  All pensions authorized
 
20 as provided in this subsection shall be subject to reduction by
 
21 the board of trustees whenever, in its judgment, circumstances
 
22 make it reasonable, fair, or necessary.  All pensions so reduced
 
23 may thereafter be restored or further reduced as the board may
 
24 deem best.
 

 
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 1      (c)  On the remarriage of any widow or entry into a new
 
 2 reciprocal relationship or marriage by a reciprocal beneficiary
 
 3 of a deceased member of the band, where the widow or reciprocal
 
 4 beneficiary is entitled to the benefits of any sum, or in the
 
 5 event of any father or mother, brothers or sisters ceasing to be
 
 6 dependents then the payments to them shall cease."
 
 7      SECTION 5.  Section 88-286, Hawaii Revised Statutes, is
 
 8 amended by amending subsections (b) and (c) to read as follows:
 
 9      "(b)  In the case of ordinary death, the death benefit shall
 
10 be as follows:
 
11      (1)  For the surviving spouse or reciprocal beneficiary, an
 
12           allowance equal to one-half of the member's accrued
 
13           normal retirement allowance unreduced for age, payable
 
14           until remarriage, marriage, or entry into a new
 
15           reciprocal beneficiary relationship[[],[]] as if the
 
16           member had retired the day prior to death; and for each
 
17           dependent child an allowance equal to ten per cent of
 
18           the member's accrued normal retirement allowance
 
19           unreduced for age, payable until the dependent child
 
20           attains age eighteen; provided that the aggregate death
 
21           benefits for all the dependent children shall not
 
22           exceed twenty per cent of the member's accrued normal
 
23           retirement allowance unreduced for age; provided
 

 
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 1           further that payments shall not be terminated when a
 
 2           surviving spouse or reciprocal beneficiary of a police
 
 3           officer, firefighter, deputy sheriff, or public safety
 
 4           officer killed in the line of duty, remarries, marries,
 
 5           or enters into a new reciprocal beneficiary
 
 6           relationship; or
 
 7      (2)  For the surviving spouse [[]or reciprocal
 
 8           beneficiary[]], if the member was eligible for
 
 9           retirement at the time of death in service, and death
 
10           occurred after June 30, 1990, an allowance that would
 
11           have been payable as if the member had retired the day
 
12           prior to death and had elected to receive a retirement
 
13           allowance under option B of section 88-283; and
 
14      (3)  If there is no surviving spouse or reciprocal
 
15           beneficiary, each dependent child shall receive an
 
16           allowance equal to twenty per cent of the member's
 
17           accrued normal retirement allowance unreduced for age,
 
18           payable until the dependent child attains age eighteen;
 
19           provided that the aggregate death benefits for all the
 
20           dependent children shall not exceed forty per cent of
 
21           the member's accrued normal retirement allowance
 
22           unreduced for age.
 

 
 
 
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 1      For the purpose of determining eligibility for the ordinary
 
 2 death benefit, a year round school employee shall be considered
 
 3 in service during the July and August preceding a transfer to a
 
 4 traditional school schedule if the employee was in service for
 
 5 the entire prior school year and has a contract for the upcoming
 
 6 traditional school year.
 
 7      (c)  In the case of accidental death, the death benefit
 
 8 shall be as follows:
 
 9      (1)  For the surviving spouse[,] or reciprocal beneficiary,
 
10           an allowance equal to thirty per cent of the member's
 
11           average final compensation, payable until remarriage;
 
12           provided that payments shall continue to a surviving
 
13           spouse or reciprocal beneficiary of a police officer,
 
14           firefighter, deputy sheriff, or public safety officer
 
15           killed in the line of duty, who remarries, marries, or
 
16           enters into a new reciprocal beneficiary relationship;
 
17      (2)  If there is a surviving spouse or reciprocal
 
18           beneficiary, each dependent child under eighteen shall
 
19           receive an allowance equal to the greater of:
 
20           (A)  Ten per cent of the member's accrued normal
 
21                retirement allowance, unreduced for age; provided
 
22                that the aggregate death benefits for all the
 
23                dependent children shall not exceed twenty per
 

 
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 1                cent of the member's accrued normal retirement
 
 2                allowance unreduced for age; or
 
 3           (B)  Three per cent of the member's average final
 
 4                compensation; provided that the aggregate death
 
 5                benefits for all the dependent children shall not
 
 6                exceed six per cent of the member's average final
 
 7                compensation.
 
 8           The death benefit under this paragraph shall be payable
 
 9           to each dependent child until the dependent child
 
10           attains age eighteen; and
 
11      (3)  If there is no surviving spouse or reciprocal
 
12           beneficiary, each dependent child under eighteen shall
 
13           receive an allowance equal to the greater of:
 
14           (A)  Twenty per cent of the member's accrued normal
 
15                retirement allowance, unreduced for age; provided
 
16                that the aggregate death benefits for all the
 
17                dependent children shall not exceed forty per cent
 
18                of the member's accrued normal retirement
 
19                allowance unreduced for age; or
 
20           (B)  Six per cent of the member's average final
 
21                compensation; provided that the aggregate death
 
22                benefits for all the dependent children shall not
 
23                exceed twelve per cent of the member's average
 
24                final compensation.
 

 
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 1           The death benefit under this paragraph shall be payable
 
 2           to each dependent child until the dependent child
 
 3           attains age eighteen."
 
 4      SECTION 6.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 7.  This Act shall take effect on July 1, 2010.