SB 99

THE SENATE
S.B. NO.
99
THIRTY-THIRD LEGISLATURE, 2025
S.D. 1
STATE OF HAWAII
H.D. 1
C.D. 1
A BILL FOR AN ACT
RELATING TO GOVERNMENT.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
���� SECTION 1.� The legislature finds that existing
law specifies the circumstances under which an employees' retirement system
retirant may be reemployed without the suspension of the retirant's benefits
and provides remedies for the employees' retirement system if a retirant is
reemployed in violation of chapter 88, Hawaii Revised Statutes, and any
administrative rule adopted thereunder.
���� Accordingly,
the purpose of this Act is to establish additional categories of retirants who
may be employed without reenrollment in the employees' retirement system and
without loss or interruption of benefits.
���� SECTION
2.� Section 88-9,
Hawaii Revised Statutes, is amended as follows:
���� 1.� By amending subsection (d) to read:
���� "(d)� A retirant may be employed without
reenrollment in the system and suffer no loss or interruption of benefits
provided by the system or under chapter 87A if the retirant is employed:
���� (1)� As an elective officer pursuant to
section 88-42.6(c) or as a member of the legislature pursuant to section
88-73(d);
���� (2)� As a juror or precinct official;
���� (3)� As a part-time or temporary employee
excluded from membership in the system pursuant to section 88-43, as a session
employee excluded from membership in the system pursuant to section 88-54.2, or
as any other employee expressly excluded by law from membership in the system;
provided that:
��������� (A)� The retirant was not employed by the
State or a county during the six calendar months [[prior to]] before
the first day of reemployment; and
��������� (B)� No agreement was entered into between
the State or a county and the retirant, [[prior to]] before the
retirement of the retirant, for the return to work by the retirant after
retirement;
���� (4)� In a position identified by the
appropriate jurisdiction, including relevant departments and agencies,
as a labor shortage or difficult-to-fill position; provided that:
��������� (A)� The retirant was not employed by the
State or a county during the twelve calendar months [[prior to]] before
the first day of reemployment;
��������� (B)� No agreement was entered into between
the State or a county and the retirant, [[prior to]] before the
retirement of the retirant, for the return to work by the retirant after
retirement; [[and]]
��������� (C)� Each employer shall contribute to the
pension accumulation fund the required percentage of the rehired retirant's
compensation to amortize the system's unfunded actuarial accrued liability; [[or]];
and
��������� (D)� Each employer, department, or
agency, as the relevant jurisdiction, shall use one of the following
requirements to identify a labor shortage or difficult-to-fill position:
�������������� (i)� The vacancy rate of positions for
the class, being the number of vacant positions on active recruitment divided
by the sum of the filled positions and vacant positions on active recruitment
for the class of work, shall have been at an average monthly vacancy rate of
fifty per cent or higher for the preceding calendar year.� A position shall be considered vacant if not
filled for the majority of work days in a month;
������������� (ii)� The vacancy rate of positions for a
class in a geographic area, being the number of vacant positions of that class
on active recruitment in that geographic area divided by the sum of the filled
positions and vacant positions on active recruitment for the class of work in
that geographic area, shall have been at an average monthly vacancy rate of
fifty per cent or higher for the preceding calendar year.� A position shall be considered vacant if not
filled for the majority of work days in a month; or
������������ (iii)� A position has been vacant while on
continuous active recruitment for at least twelve calendar months;
���� (5)� As a teacher or an administrator in a
teacher shortage area identified by the department of education or in a charter
school or as a mentor for new classroom teachers; provided that:
��������� (A)� The retirant was not employed by the
State or a county during the twelve calendar months [[prior to]] before
the first day of reemployment;
��������� (B)� No agreement was entered into between
the State or a county and the retirant [[prior to]] before the
retirement of the retirant, for the return to work by the retirant after
retirement; and
��������� (C)� The department of education or charter
school shall contribute to the pension accumulation fund the required
percentage of the rehired retirant's compensation to amortize the system's
unfunded actuarial accrued liability[[.]]; and
��������� (D)� The department of education or each
charter school shall use one of the following requirements to identify a
teacher or an administrator position in a shortage area or a mentor position
for new classroom teachers:
�������������� (i)� The vacancy rate of positions for
the class, being the number of vacant positions on active recruitment divided
by the sum of the filled positions and vacant positions on active recruitment
for the class of work, shall have been at an average monthly vacancy rate of
fifty per cent or higher for the preceding calendar year.� A position shall be considered vacant if not
filled for the majority of work days in a month;
������������� (ii)� The vacancy rate of positions for a
class in a geographic area, being the number of vacant positions of that class
on active recruitment in that geographic area divided by the sum of the filled
positions and vacant positions on active recruitment for the class of work in
that geographic area, shall have been at an average monthly vacancy rate of
fifty per cent or higher for the preceding calendar year.� A position shall be considered vacant if not
filled for the majority of work days in a month; or
������������ (iii)� A position has been vacant while on
continuous active recruitment for at least twelve calendar months; or
���� (6)� As a school resource officer
identified by the department of law enforcement or other law enforcement agency
as a labor shortage or difficult-to-fill position; provided that:
��������� (A)� The retirant was not employed by the
State or a county during the twelve calendar months before the first day of
reemployment;
��������� (B)� No agreement was entered into
between the State or a county and the retirant before the retirement of the
retirant, for the return to work by the retirant after retirement;
��������� (C)� The department of law enforcement or
other law enforcement agency shall contribute to the pension accumulation fund
the required percentage of the rehired retirant's compensation to amortize the
system's unfunded actuarial accrued liability;
��������� (D)� The retirant shall be stationed at a
public school, as defined in section 302A-101, as a school resource officer;
and
��������� (E)� The department of law enforcement or
each law enforcement agency, as the relevant jurisdiction, shall use one of the
following requirements to identify a labor shortage or difficult-to-fill
position:
�������������� (i)� The vacancy rate of positions for
school resource officers, being the number of vacant positions on active
recruitment divided by the sum of the filled positions and vacant positions on
active recruitment for school resource officers, shall have been at an average
monthly vacancy rate of fifty per cent or higher for the preceding calendar
year.� A position shall be considered
vacant if not filled for the majority of work days in a month; or
������������� (ii)� The vacancy rate of school resource
officers in a geographic area, being the number of vacant positions of that
school resource officers on active recruitment in that geographic area divided
by the sum of the filled positions and vacant positions on active recruitment
for school resource officers in that geographic area, shall have been at an
average monthly vacancy rate of fifty per cent or higher for the preceding
calendar year.� A position shall be
considered vacant if not filled for the majority of work days in a month; or
������������ (iii)� A school resource officer position
has been vacant while on continuous active recruitment for at least twelve
calendar months."
���� 2.� By amending subsection (f) to read:
���� "(f)� No later than twenty days prior to the
convening of each regular legislative session, the director of human resources
of the appropriate state jurisdiction or the human resources management chief
executive of each county shall submit an annual report to the legislature
detailing the employment of retirants under [[paragraphs (4) and (5) of
subsection (d),]] subsection (d)(4), (5), and (6), including the
number and positions of retirants."
���� SECTION
3.� Statutory
material to be repealed is bracketed and stricken.� New statutory material is underscored.
���� SECTION
4.� This Act shall
take effect on July 1, 2026.
Report Title:
DLE; ERS;
Retirees; Benefits; School Resource Officers; Labor Shortage; Difficult-to-Fill;
State and County Human Resources; Report
Description:
Allows a
retirant to be employed without reenrollment in the Employees' Retirement
System and without loss or interruption of retirement benefits if the retirant
is employed as a school resource officer identified by the Department of Law
Enforcement or other law enforcement agency as a labor shortage or
difficult-to-fill position and stationed at a public school, subject to certain
conditions.� Establishes criteria for
various agencies to use in identifying labor shortage or difficult-to-fill
positions.� Requires the director of
human resources of the appropriate state jurisdiction or the human resources
management chief executive of each county to include in their annual reports to
the Legislature, details on the employment of retirants as school resource
officers.� (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.