RCUH Policies and Procedures
RCUH Human Resources Department (808) 956-7307 [email protected] RCUH Certification of Compliance – Prospective New Hire (Post Job Offer)
Employment of ERS Retirant with the RCUH
Act 179 became law on June 28, 2010 which amended Chapter 88, HRS – Pension and Retirement Systems as §88-9 with an effective date of January 1, 2011. §88-9 is applicable to any current and prospective retirants of the State of Hawai‘i’s Employee Retirement System (ERS) who works or plans to work for the RCUH. A “retirant” is a retiree of a State or County agency receiving pension benefits from the ERS. RCUH is a State agency therefore, employment of ERS retirants with the RCUH is subject to §88-9. An ERS retirant may legally work for the RCUH if: (1) he/she suspends his/her ERS pension during his/her period of employment with the RCUH or (2) prior to his/her employment with RCUH he/she must have had a 6 consecutive calendar month retirement/break-in-service period during which time he/she did not work for any State or County agency.
(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:
(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, as the president and chief executive officer of the Hawai‘i Tourism Authority excluded from membership in the system pursuant to section 201B-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;
CERTIFICATION: Please check the condition that is applicable to you:
1. I am not an ERS Retirant and not vested in the State/County ERS. §88-9(d)(3)(A)(B) does not apply to me.
2. I am not an ERS Retirant but vested in the State/County ERS. §88-9(d)(3)(A)(B) may apply to me.
3. I am an ERS Retirant and I had a 6-consecutive calendar month retirement/break-in-service period prior to my current application for employment with the RCUH. (You must complete ERS FORM-209 see attachment.) Send your completed ERS Form 209 to RCUH Human Resources ([email protected] or fax (808) 956-9423) before your start date.
4. I am an ERS Retirant but I did not have a 6-consecutive calendar month retirement/break-in- service period prior to current application for employment with the RCUH. (You may be ineligible for employment at this time. You must contact the RCUH Human Resources immediately.)
I certify that I have read and acknowledge the conditions of §88-9(d)(3)(A)(B) and I have checked my applicable status. I further understand compliance with §88-9(d)(3)(A)(B) is a condition of employment with the RCUH:
Signature: Date Print Name:
Attachment – ERS 209 Form RCUH HR Form No.E-14
RCUH Formatted ERS-209
Act 179/SLH 2010 (01 01 2011)
EMPLOYEES’ RETIREMENT SYSTEM OF THE STATE OF HAWAI‘I 201 Merchant Street, Suite 1400, Honolulu, Hawai‘i 96813-2980
RCUH/ERS CERTIFICATION OF COMPLIANCE WITH REQUIREMENTS FOR EMPLOYMENT OF A RETIRANT (customized for RCUH use only)
Complete this form if you receive a retirement allowance from the Employees’ Retirement System of the State of Hawai‘i (ERS) and have been or will be hired by the State or a county in a position that is excluded from ERS membership.
PART I (TO BE COMPLETED AND SIGNED BY THE RETIRANT)
RETIRANT NAME (LAST, FIRST, M.I.)
SOCIAL SECURITY NUMBER XXX-XX-
CITY, STATE, ZIP CODE
PREVIOUS DEPARTMENT: ________________________________ PREVIOUS DIVISION: ____________________________________
State of Hawai‘i County of _________________ City and County of Honolulu
I understand that, as an ERS retirant, I must meet the requirements for employment of a retirant, which are summarized below, during the time I am employed in a position that is excluded from ERS membership. If I do not meet the requirements for employment of a retirant, I will forfeit my entire retirement allowance and health benefits during the period that I am employed by the RCUH after January 1, 2011.
I also understand that, if I do not meet the requirements for employment of a retirant, I will be required to reimburse the ERS for:
• Any retirement allowance or other benefits I receive after January 1, 2011 while I am employed by RCUH, plus 8 per cent
• Any employee retirement contributions that should have been paid on my compensation after January 1, 2011, plus 8 per
cent annual interest; and
• Any administrative expenses incurred by the ERS in responding to my employment by the RCUH in violation of the
requirements for reemployment of a retirant, to the extent that I am determined to be at fault by ERS.
Requirements for Employment of a Retirant
I confirm that:
• I am or will be employed in a position that is excluded from ERS membership; and
• I will not be employed in a labor shortage or difficult-to-fill position; and
• I have not been employed by the State or any county for at least 6 consecutive months during the time I have been retired;
• No agreement (verbally or in writing) was made, prior to my retirement, that I would be employed by the RCUH or any other
State or county agency after I retired.
By signing below, I confirm that I understand the Requirements for Employment of a Retirant and that I understand the consequences to me if I do not meet the Requirements for Employment of a Retirant.
_________________________________________________ _________________________________ RETIRANT SIGNATURE DATE SIGNED
Warning: Any person who knowingly furnishes false information to government authorities may be guilty of a misdemeanor, punishable by up to 1 year of imprisonment and/or a $2,000 fine. Hawai‘i Revised Statues §710-1063.
PART II (TO BE COMPLETED AND SIGNED BY THE RCUH)
Research Corporation of the University of Hawai‘i 1601 East-West Road
Burns Hall 4th Floor, Makai Wing
Honolulu, Hawai‘i 96848
Phone: (808) 956-7307 Fax: (808) 956-9423
EFFECTIVE DATE OF HIRE:
• The RCUH did not enter into an agreement (verbally or in writing) with the Retirant, prior to the Retirant’s retirement, that the Retirant would be reemployed by the RCUH.
• The Retirant will be employed in an RCUH position excluded from ERS membership (pursuant to HRS § 304A-3001). ___________________________________________ __________________________________
RCUH HUMAN RESOURCES DATE SIGNED
RCUH to return the completed form within 7 business days from the effective date of hire to: Employees’ Retirement System, 201 Merchant Street, Suite 1400, Honolulu, HI 96813-2980.
Return form to: RCUH Human Resources 1601 East-West Road
Burns Hall 4th Floor, Makai Wing Honolulu, HI 96848