Hawaii § 88-42.5 - Membership of employees holding more than one position, appointment, or office.

§ 88-42.5. Membership of employees holding more than one position, appointment, or office.

(a) The membership of any employee holding more than one full-time position, appointment, office, or any combination thereof shall be limited to the position, appointment, or office of the employee's option; provided that the employment in the position, appointment, or office shall meet the minimum membership eligibility requirements as provided in this part. Any contributions made based on the compensation, pay, or salary of the employee's position, appointment, or office other than that on which the employee's membership is based shall be returned to the employee. The foregoing shall not apply to any employee holding two part-time positions of the same class if each position meets the minimum eligibility requirements for membership, and the sum total of the compensation, pay, or salary received for both positions does not exceed the higher of the full-time compensation, pay, or salary for either position. (b) The membership of any faculty member or lecturer of the University of Hawaii with multiple part-time appointments or positions shall be based on an aggregate of all such part-time faculty or lecturer appointments or positions not to exceed one full-time position. For the purposes of this chapter, the sum total of the compensation, pay, or salary received from the positions shall not exceed an amount equal to the highest of the full-time compensation, pay, or salary for any one of the part-time appointments or positions. Notwithstanding any other law to the contrary, with respect to any existing or former faculty member, lecturer, or administrative, professional, or technical employee of the University of Hawaii who holds or held multiple part-time appointments or positions prior to July 1, 2003, and who was reported by the University of Hawaii to the system as eligible for membership in the system, the system shall not adjust its records for, or reduce the benefits of, such faculty member, lecturer, or administrative, professional, or technical employee by reason of the failure of such faculty member, lecturer, or administrative, professional, or technical employee to meet the system membership eligibility requirements without the aggregation of multiple part-time appointments or positions. [L 1982, c 165, §2(10); am L 2003, c 119, §2] Attorney General Opinions Intent is to limit employees' retirement system membership to one full-time position. Att. Gen. Op. 85-10. Case Notes Where appellant made year-round contributions to the employees' retirement system (ERS) as a regular school-year teacher through deductions from her academic-year salary, this section and §88-43 did not preclude appellant from remaining eligible for ERS service-connected disability retirement benefits under §88-79 simply because the disabling accident to appellant did not occur while appellant was working in the position that provided appellant's ERS membership eligibility. 140 H. 177, 398 P.3d 766 (2017). Previous Vol02_Ch0046-0115 Next