Summary & Key Points of RCUH Guidelines relating to Act 179/§88-9 (COMPLETION OF CERTIFICATION REQUIRED FOR ALL RCUH EMPLOYEES)


The following is a summary and key points of the enclosed “RCUH Guidelines relating to Act 179/§88-9”.  These guidelines supersede the December 28, 2010 memo.  Please read the enclosed guidelines to ensure your understanding of how Act 179/§88-9 impacts affected employees.  The RCUH will be conducting informational meetings commencing January 18, 2011 (see guidelines for dates and times and location).  We encourage you to attend an informational meeting.  


Act 179, SLH 2010 (hereafter known as “Act 179/§88-9”) amended Chapter 88, HRS – Pension and Retirement Systems as §88-9 with an effective date of January 1, 2011.  The intent of Act 179/§88-9 is to “ensure the status of the ERS as a tax-qualified retirement plan” (H. Conf. Rep. No. 11-10 25th Leg., 2010 Reg. Sess.).  Because the ERS does not have a “normal retirement age,” ERS benefits may not commence “without a bona fide separation of service, the retiree may not be considered retired for the purpose of the (IRS) Code.”  Act 179/§88-9 has defined this “separation of service” to be 6-consecutive calendar months from post-retirement employment with any State/County agency.


For any ERS Retirant/RCUH employee who, prior to employment with the RCUH, did not have a 6-consecutive calendar month retirement/break-in-service period from any State/County agency will have to decide on one of the following options:


(A)   Suspend his/her pension benefits for the duration he/she is employed by the RCUH.  A copy of this letter should be sent to the RCUH Human Resources Department to place into the employee’s RCUH Personnel File.


(B)   Must resign from his/her RCUH job on or before June 30, 2011.  Resignation should be the last day of work in a calendar month to commence the 6-consecutive calendar month retirement/break-in-service period from employment with any State/County agency.  Principal Investigators cannot make any promise of re-employment to the Retirant/Employee. 


REQUIRED COMPLETION OF CERTIFICATION:  All employees must complete the attached “RCUH Certification of Compliance – Current RCUH Employee form D95a”.  The information on this form will enable the RCUH to better assist Principal Investigators and affected employees.  Deadline: January 31, 2011.



Attachment: RCUH Guidelines relating to Act 179/§88-9