Bill Text: HI HB2747 | 2020 | Regular Session | Amended
Bill Title: Proposing An Amendment To Article Xvi, Section 2, Of The Hawaii State Constitution, To Authorize The Legislature To Require The Forfeiture Or Reduction Of Pension Benefits Of A Member, Former Member, Or Retirant Of The Employees' Retirement System Who Is Convicted Of A Felony Related To The Member's, Former Member's, Or Retirant's Employment With The State Or Any Political Subdivision Thereof.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Enrolled - Dead) 2020-03-10 - The committee on JDC deferred the measure. [HB2747 Detail]
Download: Hawaii-2020-HB2747-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2747 |
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THIRTIETH LEGISLATURE, 2020 |
H.D. 3 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
PROPOSING AN AMENDMENT TO ARTICLE XVI, SECTION 2, OF THE HAWAII STATE CONSTITUTION, TO AUTHORIZE THE LEGISLATURE TO REQUIRE THE FORFEITURE OR REDUCTION OF PENSION BENEFITS OF A MEMBER, FORMER MEMBER, OR RETIRANT OF THE EMPLOYEES' RETIREMENT SYSTEM WHO IS CONVICTED OF A FELONY RELATED TO THE MEMBER'S, FORMER MEMBER'S, OR RETIRANT'S EMPLOYMENT WITH THE STATE OR ANY POLITICAL SUBDIVISION THEREOF.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State has no policy mandating the forfeiture or reduction of pension benefits by a public official or employee who has been convicted of a felony arising out of the public official's or public employee's employment. No matter how serious the offense or the extent to which a public official or employee has abused the official's or employee's public office and betrayed the public trust, the existing constitutional provision and laws that govern pension plans for state and county employees make no provision for the forfeiture or reduction of benefits in cases of a felony conviction related to the public employment.
The purpose of this Act is to amend article XVI, section 2, of the Constitution of the State of Hawaii to authorize the legislature to enact laws to require the forfeiture or reduction of benefits of any member, former member, or retirant of the employees' retirement system who is convicted of a felony related to the member's employment with the State or any political subdivision thereof.
SECTION 2. Article XVI, section 2, of the Constitution of the State of Hawaii is amended to read as follows:
"EMPLOYEES'
RETIREMENT SYSTEM
Section
2. Membership in any employees'
retirement system of the State or any political subdivision thereof shall be a
contractual relationship, the accrued benefits of which shall not be diminished
or impaired[.]; provided that the legislature may enact laws
to require the forfeiture or reduction of benefits of any member, former
member, or retirant of the employees' retirement system who is convicted of a felony
related to the member's, former member's, or retirant's employment with the
State or any political subdivision thereof."
SECTION 3. The question to be printed on the ballot shall be as follows:
"Shall the Hawaii State Constitution be amended to authorize the legislature to enact laws that require the forfeiture or reduction of benefits of any member, former member, or retirant of the employees' retirement system who is convicted of a felony related to the member's, former member's, or retirant's employment with the State or any political subdivision thereof?"
SECTION 4. Constitutional material to be repealed is bracketed and stricken. New constitutional material is underscored.
SECTION 5. This amendment shall take effect on July 1, 2030, and upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.
Report Title:
Constitutional Amendment; Employees' Retirement System Benefits; Felony
Description:
Proposes a constitutional amendment to article XVI, section 2, of the state constitution to authorize the legislature to enact laws to require the forfeiture or reduction of benefits of any member, former member, or retirant of the employees' retirement system who is convicted of a felony related to the member's, former member's, or retirant's employment with the State or any political subdivision thereof. Effective 7/1/2030. (HD3)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
