HB 841: RELATING TO RETIRED TEACHERS.

A BILL FOR AN ACT

RELATING TO RETIRED TEACHERS.

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

     SECTION 1.  Section 88-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(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, as the president and chief executive officer of the Hawaii tourism authority excluded from membership in the system pursuant to section 201B-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 the first day of reemployment; and

          (B)  No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement;

     (4)  In a position identified by the appropriate jurisdiction 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 the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant, prior to 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

     (5)  As a teacher or an administrator in a teacher shortage area or hard-to-fill position 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] six calendar months prior to 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 retirant shall not be eligible for benefits typically afforded to active employees pursuant to chapter 78."

     SECTION 2.  The department of education shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act, including establishing procedures to identify teacher shortage areas and hard-to-fill positions.

     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, 3000.

Report Title:

DOE; Retirants; Benefits; Exemption; Teachers; Hard-to-Fill Positions

Description:

Amends the break in service requirement for retirants to six months before they can be rehired as teachers or administrators in teacher shortage areas or in hard-to-fill positions.  Prohibits rehired retirants from receiving additional employment benefits.  Directs the Department of Education to adopt rules to identify teacher shortage areas and hard-to-fill positions.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO RETIRED TEACHERS.

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

     SECTION 1.  Section 88-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(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, as the president and chief executive officer of the Hawaii tourism authority excluded from membership in the system pursuant to section 201B-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 the first day of reemployment; and

          (B)  No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement;

     (4)  In a position identified by the appropriate jurisdiction 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 the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant, prior to 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

     (5)  As a teacher or an administrator in a teacher shortage area or hard-to-fill position 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 the first day of reemployment;

         (B)]  (A)  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)]  (B)  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

          (C)  The retirant shall not be eligible for benefits typically afforded to active employees pursuant to chapter 78."

     SECTION 2.  The department of education shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act, including establishing procedures to identify teacher shortage areas and hard-to-fill positions.

     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, 3000.

Report Title:

DOE; Retirants; Benefits; Exemption; Teachers; Hard-to-Fill Positions

Description:

Repeals the provision prohibiting retirants to be rehired as teachers or administrators in teacher shortage areas or in hard-to-fill positions within twelve calendar months of leaving employment with the State or a county.  Prohibits rehired retirants from receiving additional employment benefits.  Directs the Department of Education to adopt rules to identify teacher shortage areas and hard-to-fill positions.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

Relating to Retired Teachers.

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

     SECTION 1.  Section 88-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(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, as the president and chief executive officer of the Hawaii tourism authority excluded from membership in the system pursuant to section 201B-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 the first day of reemployment; and

          (B)  No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement;

     (4)  In a position identified by the appropriate jurisdiction 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 the first day of reemployment;

          (B)  No agreement was entered into between the State or a county and the retirant, prior to 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

     (5)  As a teacher or an administrator in a teacher shortage area or difficult-to-fill position 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[.];

          (D)  The retirant shall receive a salary not less than the minimum salary for a teacher with equivalent experience and qualifications; and

          (E)  The retirant shall not be eligible for benefits typically afforded to active employees pursuant to chapter 78."

     SECTION 2.  The department of education shall adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to implement this Act, including establishing procedures to identify teacher shortage areas and difficult-to-fill positions.

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

DOE; Retirants; Benefits; Exemption; Teachers; Difficult-to-Fill Positions

Description:

Requires retirants rehired as teachers or administrators in teacher shortage areas or in difficult-to-fill positions to be paid at least the minimum salary for their experience and qualifications.  Prohibits rehired retirants from receiving additional employment benefits.  Directs the Department of Education to adopt rules to identify teacher shortage areas and difficult-to-fill positions.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  536

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 841

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 841, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RETIRED TEACHERS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Repeal statutory language prohibiting retirants from being rehired in teacher shortage areas or hard-to-fill positions within twelve calendar months of leaving employment with the State or a county;

     (2)  Prohibit rehired retirants from receiving additional employment benefits; and

     (3)  Require the Department of Education to establish procedures to identify teacher shortage areas and hard-to-fill positions.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Teachers Association.  Your Committee received testimony in opposition to this measure from the Department of the Attorney General.  Your Committee received comments on this measure from the Department of Education and Employees' Retirement System.

     Your Committee finds that the State is experiencing a labor shortage and has instituted various methods to fill vacancies with qualified candidates.  Your Committee also finds that a successful method is to hire qualified and experienced retirees for certain positions.  Your Committee believes that this measure incentivizes retirees to return to the workforce by ensuring their retirement benefits are not disrupted or lost while they occupy certain positions in the Department of Education.

     Your Committee has amended this measure accordingly by:

     (1)  Changing the waiting period that retirants may be rehired from twelve calendar months of leaving employment with the State or a county to six calendar months; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 841, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 841, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Labor,

STAND. COM. REP. NO.  48

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 841

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Education, to which was referred H.B. No. 841 entitled:

"A BILL FOR AN ACT RELATING TO RETIRED TEACHERS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Authorize a retirant to be rehired as a teacher or administrator in difficult-to-fill positions identified by the Department of Education;

     (2)  Require retirants rehired as teachers or administrators in teacher shortage areas or in difficult-to-fill positions to be paid at least the minimum salary for a teacher with equivalent experience and qualifications;

     (3)  Prohibit retirants rehired as teachers or administrators in teacher shortage areas or in difficult-to-fill positions from receiving additional employment benefits; and

     (4)  Require the Department of Education to adopt rules to identify teacher shortage areas and difficult-to-fill positions.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Teachers Association.  Your Committee received comments on this measure from the Department of Education.

     Your Committee finds that the State has been experiencing a shortage in teachers and administrators for difficult-to-fill positions under the Department of Education, making it very challenging to provide a quality education for Hawaii's students.  Your Committee believes that retirants are an asset that can be used to take on difficult-to-fill positions and positions in teacher shortage areas.

     Your Committee has amended this measure by:

     (1)  Repealing statutory language prohibiting retirants to be rehired as teachers or administrators within twelve calendar months of leaving employment with the State or a county;

     (2)  Deleting language which would have required retirants rehired as teachers or administrators to be paid at least the minimum salary for a teacher with equivalent experience and qualifications;

     (3)  Clarifying that a retirant may be rehired as a teacher or an administrator in a hard-to-fill position, rather than difficult-to-fill position, identified by the Department of Education;

     (4)  Specifying that the Department of Education shall adopt rules to identify teacher shortage areas and hard-to-fill positions;

     (5)  Changing the effective date to July 1, 3000; and

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     Your Committee respectfully requests your Committee on Labor, should it deliberate on this measure, to examine the prohibition on retirants rehired as a teacher or an administrator from receiving additional employment benefits afforded to public service employees under chapter 78, Hawaii Revised Statutes, as required by this measure.

     As affirmed by the record of votes of the members of your Committee on Education that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 841, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 841, H.D. 1, and be referred to your Committee on Labor.

Respectfully submitted on behalf of the members of the Committee on Education,