SB 2836: DOE; Hard-to-Staff Positions; Pilot Program; Employment; Retirants

THE SENATE	S.B. NO.	2836
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to employment of retirants.

 

 

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

 

SECTION 1.  The legislature finds that the department of education continues to face a critical shortage of qualified teachers and educational officers, particularly in hard-to-staff geographic regions and specialized subject areas.  The legislature further finds that this chronic shortage denies students consistent, high-quality instruction and places an immense burden on existing school staff.

The legislature also finds that to address these vacancies, the State has increasingly relied on emergency hires and the recruitment of teachers from foreign countries through the J-1 visa program.  While these teachers provide a necessary stopgap, the legislature notes that the J-1 visa program is inherently temporary, creating a "revolving door" of turnover that disrupts student learning and requires continuous recruitment resources.

The legislature recognizes that while retired teachers are eligible to return as substitute teachers, the current compensation structure for substitutes often fails to adequately recognize their professional credentials.  Because substitute pay is generally standardized, highly qualified retirees are disincentivized from returning, as the compensation does not reflect their expert status compared to non-credentialed substitutes.

The legislature believes that re-engaging these retirees is a fiscal opportunity.  By creating a structured pilot program, the State can fill critical vacancies with experienced local talent while strengthening the employees' retirement system. Under this system, the department of education will contribute the employer's share of the unfunded actuarial accrued liability for each rehired retiree, paying down state debt without incurring new pension obligations.  Furthermore, the State will realize cost savings by statutorily excluding these positions from active recruitment into the Hawaii employer-union health benefits trust fund.

Accordingly, the purpose of this Act is to establish a five-year critical skills retention pilot program within the department of education to authorize the rehiring of retired educators for hard-to-staff positions.

     SECTION 2.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part III, subpart B, to be appropriately designated and to read as follows:

     "§302A-     Critical skills retention pilot program.  (a)  There is established within the department the critical skills retention pilot program.  The purpose of the pilot program shall be to authorize the department to employ retirants under section 88-9(d)(6).

     (b)  A retirant may be employed without reenrollment in the employees' retirement system and suffer no loss or interruption of benefits provided under chapters 87A and 88 if the retirant is employed under this section.

     (c)  Before employing or reemploying a retirant under this section, the superintendent of education shall certify in writing that:

     (1)  Either:

          (A)  The department has conducted a good-faith recruitment effort for the position; or

          (B)  The position falls within a licensure area or geographic complex designated by the superintendent as having a systemic shortage where continuous recruitment has failed to produce a sufficient number of qualified non-retiree applicants; and

     (2)  No qualified and available non-retirant applicant could be identified to fill the vacancy.

The superintendent shall establish internal procedures to verify the certifications, ensuring that the program supplements, rather than supplants, the permanent workforce.

     (d)  Employment of any retirant by the department shall be limited to employment in positions:

     (1)  Eligible for a hard-to-staff location differential;

     (2)  Eligible for a special education differential;

     (3)  Eligible for a Hawaiian language immersion differential;

     (4)  Eligible for another differential of an annual amount of $3,000 or more as established by the department;

     (5)  In an area where the percentage of unlicensed individuals employed as emergency hires pursuant to sections 302A-801 to 302A-808 exceeds     per cent of all public school teachers in that area; or

     (6)  Identified by the superintendent as a hard-to-staff position.

     (e)  No retirant employed under this section shall have:

     (1)  Been employed by the State or a county during the six calendar months prior to the first day of reemployment, except under subsection (i); or

     (2)  Entered into an agreement with the State or a county prior to retiring.

     (f)  The department shall contribute the required percentage of compensation to amortize the employees' retirement system's unfunded actuarial accrued liability.

     (g)  The retirant shall not earn additional service credit or contribute to the pension accumulation fund established under section 88-114.

     (h)  The retirant shall be included in the appropriate bargaining unit under section 89-6 for the payment of dues and grievance protections, but shall be excluded from tenure and promotion provisions.

     (i)  The retirant's term of employment shall not exceed one year; provided that the retirant may be reappointed to additional one-year terms if, before each reappointment:

     (1)  The requirements under subsection (c) are satisfied again; and

     (2)  The position continues to satisfy the qualifications under subsection (d).

     (j)  The superintendent may establish a salary schedule for retirants employed by the department that differs from the applicable collective bargaining agreement negotiated under chapter 89; provided that the salary of the retirant shall not exceed the maximum salary step for the position's classification in the collective bargaining agreement.

     (k)  For purposes of this section, "retirant" has the same meaning as defined under section 88-21."

     SECTION 3.  Section 76-16, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The civil service to which this chapter applies shall comprise all positions in the State now existing or hereafter established and embrace all personal services performed for the State, except the following:

     (1)  Commissioned and enlisted personnel of the Hawaii National Guard and positions in the Hawaii National Guard that are required by state or federal laws or regulations or orders of the National Guard to be filled from those commissioned or enlisted personnel;

     (2)  Positions filled by persons employed by contract where the director of human resources development has certified that the service is special or unique or is essential to the public interest and that, because of circumstances surrounding its fulfillment, personnel to perform the service cannot be obtained through normal civil service recruitment procedures.  Any contract may be for any period not exceeding one year;

     (3)  Positions that must be filled without delay to comply with a court order or decree if the director determines that recruitment through normal recruitment civil service procedures would result in delay or noncompliance, such as the Felix-Cayetano consent decree;

     (4)  Positions filled by the legislature or by either house or any committee thereof;

     (5)  Employees in the office of the governor and office of the lieutenant governor, and household employees at Washington Place;

     (6)  Positions filled by popular vote;

     (7)  Department heads, officers, and members of any board, commission, or other state agency whose appointments are made by the governor or are required by law to be confirmed by the senate;

     (8)  Judges, referees, receivers, masters, jurors, notaries public, land court examiners, court commissioners, and attorneys appointed by a state court for a special temporary service;

     (9)  One bailiff for the chief justice of the supreme court who shall have the powers and duties of a court officer and bailiff under section 606-14; one secretary or clerk for each justice of the supreme court, each judge of the intermediate appellate court, and each judge of the circuit court; one secretary for the judicial council; one deputy administrative director of the courts; three law clerks for the chief justice of the supreme court, two law clerks for each associate justice of the supreme court and each judge of the intermediate appellate court, one law clerk for each judge of the circuit court, two additional law clerks for the civil administrative judge of the circuit court of the first circuit, two additional law clerks for the criminal administrative judge of the circuit court of the first circuit, one additional law clerk for the senior judge of the family court of the first circuit, two additional law clerks for the civil motions judge of the circuit court of the first circuit, two additional law clerks for the criminal motions judge of the circuit court of the first circuit, and two law clerks for the administrative judge of the district court of the first circuit; and one private secretary for the administrative director of the courts, the deputy administrative director of the courts, each department head, each deputy or first assistant, and each additional deputy, or assistant deputy, or assistant defined in paragraph (16);

    (10)  First deputy and deputy attorneys general, the administrative services manager of the department of the attorney general, one secretary for the administrative services manager, an administrator and any support staff for the criminal and juvenile justice resources coordination functions, and law clerks;

    (11)  (A)  Teachers, principals, vice-principals, complex area superintendents, deputy and assistant superintendents, other certificated personnel, and no more than twenty noncertificated administrative, professional, and technical personnel not engaged in instructional work;

          (B)  Effective July 1, 2003, teaching assistants, educational assistants, bilingual or bicultural school-home assistants, school psychologists, psychological examiners, speech pathologists, athletic health care trainers, alternative school work study assistants, alternative school educational or supportive services specialists, alternative school project coordinators, and communications aides in the department of education;

          (C)  The special assistant to the state librarian and one secretary for the special assistant to the state librarian; and

          (D)  Members of the faculty of the university of Hawaii, including research workers, extension agents, personnel engaged in instructional work, and administrative, professional, and technical personnel of the university;

    (12)  Employees engaged in special, research, or demonstration projects approved by the governor;

    (13)  (A)  Positions filled by inmates, patients of state institutions, and persons with severe physical or mental disabilities participating in the work experience training programs;

          (B)  Positions filled with students in accordance with guidelines for established state employment programs; and

          (C)  Positions that provide work experience training or temporary public service employment that are filled by persons entering the workforce or persons transitioning into other careers under programs such as the federal Workforce Investment Act of 1998, as amended, or the Senior Community Service Employment Program of the Employment and Training Administration of the United States Department of Labor, or under other similar state programs;

    (14)  A custodian or guide at Iolani Palace, the Royal Mausoleum, and Hulihee Palace;

    (15)  Positions filled by persons employed on a fee, contract, or piecework basis, who may lawfully perform their duties concurrently with their private business or profession or other private employment and whose duties require only a portion of their time, if it is impracticable to ascertain or anticipate the portion of time to be devoted to the service of the State;

    (16)  Positions of first deputies or first assistants of each department head appointed under or in the manner provided in section 6, article V, of the Hawaii State Constitution; three additional deputies or assistants either in charge of the highways, harbors, and airports divisions or other functions within the department of transportation as may be assigned by the director of transportation, with the approval of the governor; one additional deputy in the department of human services either in charge of welfare or other functions within the department as may be assigned by the director of human services; four additional deputies in the department of health, each in charge of one of the following:  behavioral health, environmental health, hospitals, and health resources administration, including other functions within the department as may be assigned by the director of health, with the approval of the governor; two additional deputies in charge of the law enforcement programs, administration, or other functions within the department of law enforcement as may be assigned by the director of law enforcement, with the approval of the governor; three additional deputies each in charge of the correctional institutions, rehabilitation services and programs, and administration or other functions within the department of corrections and rehabilitation as may be assigned by the director of corrections and rehabilitation, with the approval of the governor; two administrative assistants to the state librarian; and an administrative assistant to the superintendent of education;

    (17)  Positions specifically exempted from this part by any other law; provided that:

          (A)  Any exemption created after July 1, 2014, shall expire three years after its enactment unless affirmatively extended by an act of the legislature; and

          (B)  All of the positions defined by paragraph (9) shall be included in the position classification plan;

    (18)  Positions in the state foster grandparent program and positions for temporary employment of senior citizens in occupations in which there is a severe personnel shortage or in special projects;

    (19)  Household employees at the official residence of the president of the university of Hawaii;

    (20)  Employees in the department of education engaged in the supervision of students during meal periods in the distribution, collection, and counting of meal tickets, and in the cleaning of classrooms after school hours on a less than half-time basis;

    (21)  Employees hired under the tenant hire program of the Hawaii public housing authority; provided that no more than twenty-six per cent of the authority's workforce in any housing project maintained or operated by the authority shall be hired under the tenant hire program;

    (22)  Positions of the federally funded expanded food and nutrition program of the university of Hawaii that require the hiring of nutrition program assistants who live in the areas they serve;

    (23)  Positions filled by persons with severe disabilities who are certified by the state vocational rehabilitation office that they are able to perform safely the duties of the positions;

    (24)  The sheriff;

    (25)  A gender and other fairness coordinator hired by the judiciary;

    (26)  Positions in the Hawaii National Guard youth and adult education programs;

    (27)  In the Hawaii state energy office in the department of business, economic development, and tourism, all energy program managers, energy program specialists, energy program assistants, and energy analysts;

    (28)  Administrative appeals hearing officers in the department of human services;

    (29)  In the Med-QUEST division of the department of human services, the division administrator, finance officer, health care services branch administrator, medical director, and clinical standards administrator;

    (30)  In the director's office of the department of human services, the enterprise officer, information security and privacy compliance officer, security and privacy compliance engineer, security and privacy compliance analyst, information technology implementation manager, assistant information technology implementation manager, resource manager, community or project development director, policy director, special assistant to the director, and limited English proficiency project manager or coordinator;

    (31)  The Alzheimer's disease and related dementia services coordinator in the executive office on aging;

    (32)  In the Hawaii emergency management agency, the executive officer, public information officer, civil defense administrative officer, branch chiefs, and emergency operations center state warning point personnel; provided that for state warning point personnel, the director shall determine that recruitment through normal civil service recruitment procedures would result in delay or noncompliance;

    (33)  The executive director and seven full-time administrative positions of the school facilities authority;

    (34)  Positions in the Mauna Kea stewardship and oversight authority;

    (35)  In the office of homeland security of the department of law enforcement, the statewide interoperable communications coordinator;

    (36)  In the social services division of the department of human services, the business technology analyst;

    (37)  The executive director and staff of the 911 board;

    (38)  The software developer supervisor and senior software developers in the department of taxation;

    (39)  In the department of law enforcement, five Commission on Accreditation for Law Enforcement Agencies, Inc., coordinator positions;

    (40)  The state fire marshal and deputy state fire marshal in the office of the state fire marshal;

    (41)  The administrator for the law enforcement standards board;

    (42)  In the office of the director of taxation, the data privacy officer and tax business analysts; [and]

[[](43)[]]    All positions filled by the Hawaii tourism authority within the department of business, economic development, and tourism[.]; and

    (44)  Retirants employed under section 302A-     ."

     The director shall determine the applicability of this section to specific positions.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent as it existed on July 1, 1955."

     SECTION 4.  Section 76-77, Hawaii Revised Statutes, is amended to read as follows:

     "§76-77  Civil service and exemptions.  The civil service to which this part applies comprises all positions in the public service of each county, now existing or hereafter established, and embraces all personal services performed for each county, except the following:

     (1)  Positions in the office of the mayor; provided that the positions shall be included in the classification systems;

     (2)  Positions of officers elected by public vote, positions of heads of departments, and positions of one first deputy or first assistant of heads of departments;

     (3)  Positions of deputy county attorneys, deputy corporation counsel, deputy prosecuting attorneys, and law clerks;

     (4)  Positions of members of any board, commission, or agency;

     (5)  Positions filled by students; positions filled through federally funded programs that provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973; and employees engaged in special research or demonstration projects approved by the mayor, for which projects federal funds are available;

     (6)  Positions of district judges, jurors, and witnesses;

     (7)  Positions filled by persons employed by contract where the personnel director has certified that the service is special or unique, is essential to the public interest, and that because of the circumstances surrounding its fulfillment, personnel to perform the service cannot be recruited through normal civil service procedures; provided that no contract pursuant to this paragraph shall be for any period exceeding one year[;], except for contracts authorized under section 302A-    ;

     (8)  Positions of a temporary nature needed in the public interest where the need does not exceed ninety days; provided that before any person may be employed to render temporary service pursuant to this paragraph, the director shall certify that the service is of a temporary nature and that recruitment through normal civil service recruitment procedures is not practicable; and provided further that the employment of any person pursuant to this paragraph may be extended for good cause for an additional period not to exceed ninety days upon similar certification by the director;

     (9)  Positions of temporary election clerks in the office of the county clerk employed during election periods;

    (10)  Positions specifically exempted from this part by any other state statutes;

    (11)  Positions of one private secretary for each department head; provided that the positions shall be included in the classification systems;

    (12)  Positions filled by persons employed on a fee, contract, or piecework basis who may lawfully perform their duties concurrently with their private business or profession or other private employment, if any, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the portion of time devoted to the service of the county and that fact is certified by the director;

    (13)  Positions filled by persons with a severe disability who are certified by the state vocational rehabilitation office as able to safely perform the duties of the positions;

    (14)  Positions of the housing and community development office or department of each county; provided that this exemption shall not preclude each county from establishing these positions as civil service positions;

    (15)  The following positions in the office of the prosecuting attorney:  private secretary to the prosecuting attorney, secretary to the first deputy prosecuting attorney, and administrative or executive assistants to the prosecuting attorney; provided that  the positions shall be included in the classification systems; and

    (16)  Positions or contracts for personal services with private persons or entities for services lasting no longer than one year and at a cost of no more than $750,000; provided that the exemption under this paragraph shall apply to contracts for building, custodial, and grounds maintenance services with qualified community rehabilitation programs, as defined in section 103D-1001, lasting for no longer than a year and at a cost of no more than $3,000,000 in the aggregate per private person or entity, regardless of the number of contracts or qualified community rehabilitation programs utilized for the personal service.

     The director shall determine the applicability of this section to specific positions and shall determine whether or not positions exempted by paragraphs (7) and (8) shall be included in the classification systems.

     Nothing in this section shall be deemed to affect the civil service status of any incumbent private secretary of a department head who held that position on May 7, 1977."

     SECTION 5.  Section 87A-1, Hawaii Revised Statutes, is amended by amending the definition of "employee-beneficiary" to read as follows:

     ""Employee-beneficiary" means:

     (1)  An employee;

     (2)  The beneficiary of an employee who is killed in the performance of the employee's duty, including:

          (A)  The surviving child, if there is no surviving parent who is eligible to be an employee-beneficiary and the child is unmarried and under the limiting age as defined by the board; and

          (B)  The surviving spouse, if the surviving spouse does not subsequently remarry;

     (3)  An employee who retired prior to 1961; and

     (4)  The beneficiary of a retired member of the employees' retirement system; a county pension system; or a police, firefighters, or bandsmen pension system of the State or a county, upon the death of the retired member, including:

       (A)     The surviving child, if there is no surviving parent who is eligible to be an employee-beneficiary and the child is unmarried and under the limiting age as defined by the board; and

       (B)     The surviving spouse, if the surviving spouse does not subsequently remarry;

provided that the employee, the employee's beneficiary, or the beneficiary of the deceased retired employee is deemed eligible by the board to participate in a health benefits plan or long‑term care benefits plan under this chapter.

     "Employee‑beneficiary" shall not include any retirant employed under section 302A-     during the retirant's employment under that section."

     SECTION 6.  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[[],[]] 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 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)  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)  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[.]; or

     (6)  In a position under section 302A-   ."

     SECTION 7.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 8.  This Act shall take effect upon its approval; provided that on June 30, 2031, this Act shall be repealed and sections 76-16, 76-77, 87A-1, and 88-9, Hawaii Revised Statutes, shall be reenacted in the form in which they read on the day prior to the effective date of this Act.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

DOE; Hard-to-Staff Positions; Pilot Program; Employment; Retirants

 

Description:

Establishes a 5-year pilot program to authorize the Department of Education to rehire retired teachers and educational officers for hard-to-staff positions.

 

 

 

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