Bill Text: HI SB64 | 2012 | Regular Session | Introduced


Bill Title: Constitutional Amendment; Employees' Retirement System; Legislature

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [SB64 Detail]

Download: Hawaii-2012-SB64-Introduced.html

THE SENATE

S.B. NO.

64

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

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 an employee of the state or a political subdivision thereof who is convicted of a felony related to the employee's employment.

 

 

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 of pension benefits by a public official or employee who has been convicted of a felony arising out of the public official or public employee's employment.  No matter how serious the offense or the extent to which a public official or employee has abused their public office and betrayed the public trust, the current laws that govern pension plans for state and municipal employees make no provision for forfeiture in cases of a felony conviction.

     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 statutorily require the forfeiture or reduction of benefits of any member 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, by law, may require the forfeiture or reduction of benefits of any member 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 3.  The question to be printed on the ballot shall be as follows:

     "Shall the legislature be authorized to statutorily require the forfeiture or reduction of benefits of any member 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 4.  Constitutional material to be repealed is bracketed and stricken.  New constitutional material is underscored.

     SECTION 5.  This amendment shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii.

 

INTRODUCED BY:

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Report Title:

Constitutional Amendment; Employees' Retirement System; Legislature

 

Description:

Proposes a constitutional amendment to article XVI, section 2, of the Hawaii State Constitution to require the forfeiture or reduction of benefits of any member 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.

 

 

 

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

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