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HI HB2468
Bill
Status
1/27/2016
Primary Sponsor
Joy San Buenaventura
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AI Summary
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Authorizes the Employees' Retirement System to make direct payments to spouses or former spouses of members or retirants when awarded all or a portion of retirement benefits through a court-ordered domestic relations proceeding.
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Establishes requirements for "Hawaii domestic relations orders" including clear specification of member/retirant name, alternate payee information, benefit amount or percentage, payment period, and system applicability.
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For awards made before member retirement, uses "separate interest approach" with alternate payee receiving actuarially equivalent benefit as monthly annuity; for awards after retirement, uses "shared payment approach" apportioning the retirant's existing benefit between retirant and alternate payee.
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Prohibits Hawaii domestic relations orders from requiring system actions outside plan provisions, modifying beneficiary designations, providing non-standard benefits, or creating liens; limits order review period to 18 months with protections for both parties pending determination.
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Appropriates funds for one full-time claims examiner position and implementation costs for the Employees' Retirement System; effective January 1, 2018.
Legislative Description
Employees' Retirement System Benefits; Direct Payment to Former Spouse; Divorce; Appropriation ($)
Last Action
Report adopted. referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Nakashima, Thielen, Tokioka excused (3).
2/19/2016