Bill Text: HI SB496 | 2019 | Regular Session | Introduced
Bill Title: Relating To The Employees' Retirement System.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2019-01-24 - Referred to LCA/JDC, WAM. [SB496 Detail]
Download: Hawaii-2019-SB496-Introduced.html
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THE SENATE |
S.B. NO. |
496 |
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THIRTIETH LEGISLATURE, 2019 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the employees' retirement system.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 88, Hawaii Revised Statutes, is amended by adding a new section to subpart C of part II to be appropriately designated and to read as follows:
"§88- Forfeiture of benefits; felony
convictions. (a) If a member, former member, or retirant is
convicted of a felony and the court finds that the felony is related to the
employment of the member, former member, or retirant by the State or any
county, the court may order, as a civil penalty pursuant to section 706-605(8),
a forfeiture by the member, former member, or retirant of all or a portion of
any:
(1) Interest;
(2) Hypothetical account balance in excess of the amount representing any employee contributions made by or on behalf of the member, former member, or retirant;
(3) Pension;
(4) Annuity; or
(5) Retirement
allowance,
to which the member, former member, or retirant
may otherwise be entitled under this chapter; provided that upon the death of
the member, former member, or retirant, the designated beneficiary of the
member, former member, or retirant may receive benefits to which the
beneficiary would otherwise be entitled under this chapter.
(b) Upon receipt of a certified copy of the order decreeing forfeiture, the system shall comply with the order and shall reduce, suspend, or deny payment to the member, former member, or retirant as provided in the order until such time as the system receives a certified order to:
(1) Increase,
resume, or make payments to the member, former member, or retirant; or
(2) Quash or
reverse the order of forfeiture.
The system shall not be required to make inquiry
into the propriety of the order of forfeiture or recoup any payments made to
the member, former member, or retirant prior to receipt by the system of the
order of forfeiture.
(c) For the purposes of this section, a felony is
"related to the employment" of an employee of the State or a county
if the employee uses or attempts to use the employee's official position to
commit the felony, including:
(1) Felonies in
which state or county time, equipment, or other facilities are used in the
commission of the felony;
(2) Bribery;
(3) Embezzlement, theft, or other unlawful taking, receiving, retaining, or failing to account properly for any property or funds that belong to the State or any county or any department, bureau, board, or other agency thereof; or
(4) A felony committed against a person over whom the employee, in the course of the employee's duties, exercises custody or supervision.
(d) This section shall not impair or diminish
benefits accrued prior to the effective date of this section.
(e) This section shall not apply to accrued retirement benefits that are nonforfeitable pursuant to sections 88-73(f), 88-281(g), and 88-331(f)."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Employees' Retirement System; Retirement Benefits; Felony Convictions; Forfeiture
Description:
Authorizes a court to order the forfeiture of Employees' Retirement System benefits of an ERS member, former member, or retirant upon conviction of the individual for a felony related to the State or county employment of the individual. Authorizes designated beneficiaries to receive ERS benefits upon the death of the ERS member, former member, or retirant convicted of the felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
