Hawaii Administrative Code

When there is no list of eligibles appropriate as a whole for certification for filling a particular position requiring distinctive or unique qualifications, the director may certify selectively the names of eligibles who are qualified for the particular position. The certificati…

The appointing authority may contact as many eligibles or qualified applicants, or both, as deemed necessary to fill the vacant position based on job related factors and valid program needs. Notes Haw. Code R. § 14-3.02-4 [Eff 6/11/92, 4/3/00; am and comp 4/1/02; comp DEC 01 2003…

(a) The director may suspend an eligible or an applicant from employment consideration for good reason, including but not limited to the following:(1) The eligible or applicant fails to demonstrate interest or availability for employment; (2) The eligible or applicant is unable o…

The director may cancel an eligible list for good reason and shall notify all affected applicants and eligibles of the cancellation. Notes Haw. Code R. § 14-3.02-6 [Eff 6/11/92; am and comp 4/1/02; comp DEC 01 2003] (Auth: HRS §§ 26-5, 76-17, SLH 2000, Act 253) (Imp: HRS §§ 26-5,…

Notes Haw. Code R. § 14-3.02-7 4/1/02

Notes Haw. Code R. § 14-3.02-8 4/1/02

(a) An employee is granted a civil service appointment when the appointment is the result of civil service recruitment procedures. (b) A civil service appointment may be made to a temporary or permanent position in the civil service or permanent civil service position being fille…

(a) The appointing authority may make a non-civil service appointment of not more than eighty-nine consecutive calendar days or of less than twenty hours a week for thirty-seven consecutive weeks in order to meet immediate operational needs, provided: (1) The appointing authority…

(a) The initial probation period shall be utilized as part of the examination process to determine the employee's fitness and ability for employment in the position and the civil service. (b) An employee who is granted a civil service appointment must serve an initial probation p…

(a) An employee serving a civil service appointment acquires membership in the civil service upon successful completion of the initial probation period or as provided by statute. (b) An employee shall remain a member of the civil service for the duration of the member's appointme…

Chapter 88 E, Hawaii Revised Statutes, authorizes the board of trustees of the State of Hawaii deferred compensation plan to establish the State of Hawaii deferred compensation plan. Chapters 41 to 44 of Title 14, Administrative Rules, are adopted by the board to implement admini…

As used in this chapter: "Administrator" means the company or persons engaged by the board to administer and maintain the plan under the direction of the board. "Amounts deferred" means a portion of compensation withheld that is deferred or contributed into the plan, as either a …

(a) The office of the board is located at 235 South Beretania Street, 14th floor, Honolulu, Hawaii 96813. (b) The office of the board shall be open from 7:45 a.m. to 4:30 p.m. of each weekday unless otherwise provided by statute or executive order. Notes Haw. Code R. § 14-41-3 [E…

A party to a proceeding before the board may appear in person or may be represented by or with counsel or other person chosen as a representative. The board at any time may require evidence of authority and qualification to act in a representative capacity. Notes Haw. Code R. § 1…

(a) The term "government record," as used in this chapter, shall be as defined in section 92F-3, Hawaii Revised Statutes. (b) All government records shall be available for inspection in the office of the board during established office hours, in accordance with chapter 92F, Hawai…

An interested person may petition the board for the adoption, amendment, or repeal of any rule of the board. The petition shall be submitted in duplicate and filed with the board. Notes Haw. Code R. § 14-42-1 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp. HRS §§ 88E-3, 91-6) Comp 1…

(a) The petition need not be in any special form but shall contain: (1) The petitioner's name, address, zip code, and telephone number; (2) A statement of the nature of the petitioner's interest; (3) An explicit statement of the reasons in support of the proposed rule, amendment,…

Upon submission of the petition, the board, within thirty days, shall either deny the petition in writing, stating its reasons for the denial, or initiate proceedings for the adoption, amendment, or repeal of the rule. Upon disposition of the petition, the board shall promptly no…

The board at any time, on its own initiative, may institute proceedings in accordance with chapter 91, Hawaii Revised Statutes, for the adoption, amendment or repeal of rules. Notes Haw. Code R. § 14-42-4 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS §§ 88E-3, 91-3, 91-4 to 91…

An interested person may petition the board for a declaratory order as to the applicability of any statutory provision administered by the board or any rule or order of the board. The petition shall be submitted in duplicate and filed with the board. Notes Haw. Code R. § 14-43-1 …

(a) The petition need not be in any special form but shall contain: (1) The petitioner's name, address, zip code, and telephone number; (2) A statement of the nature of the petitioner's interest; (3) A designation of the specific statutory provision, rule, or order in question; (…

The board, for good cause, may refuse to issue a declaratory order. Without limiting the generality of the foregoing, the board may so refuse where: (1) The question is speculative or purely hypothetical and does not involve an existing situation or a situation which may reasonab…

Within a reasonable time after the submission of the petition, the board shall either deny the petition in writing, stating its reasons for the denial, or issue a declaratory ruling on the matters contained in the petition. Upon disposition of the petition, the board shall prompt…

An order disposing of a petition shall be applicable only to the fact situation alleged in the petition or as set forth in the order. The order shall not be applicable to different fact situations or to situations where additional facts not considered in the order exist. Notes Ha…

A participant may use funds in the plan to purchase service credits under a defined benefit plan under chapter 88, Hawaii Revised Statutes, and the Code. Notes Haw. Code R. § 14-44-36.1 [Eff and comp 10/7/2023] (Auth: HRS § 88E-3) (Imp: HRS §§ 88E-2, 88E-3)

The maximum amounts allowable under sections 14-44-8(b) and 14-44-9 shall be reduced in accordance with regulations governing section 457 of the Internal Revenue Code, 26 U.S.C. § 457, if a participant is deferring or has deferred compensation under another eligible plan or annui…

(a) It shall be the responsibility of a participant to furnish the administrator with all necessary information so that deferrals under the plan do not exceed the maximum amounts allowable under sections 14-44-8(b), 14-44-9, and 14-44-10. (b) A participant shall be responsible fo…

(a) Whenever there are insufficient funds available to make the deferral designated in the participation agreement, the deferral shall not be made. (b) Deferrals shall automatically be suspended if there are insufficient funds available to make the designated deferral for six con…

(a) The amounts deferred under the plan by a participant, including income attributable to the investment of the amounts deferred, shall remain an asset of the participant's employer. (b) When a participant changes employment from one employer to another employer under the plan, …

(a) The amounts deferred under the plan shall be invested by the board in annuities, life insurance, savings accounts, mutual funds, or other investment products that are commonly offered in the securities industry or other deferred compensation plans and are determined by the bo…

(a) A participant shall designate a preference for the investment of amounts deferred from among the available investment products under the plan in the participation agreement. (b) A participant may change a designation of an investment preference with respect to prospective def…

A participant may submit a written request to the administrator to transfer amounts previously deferred under the plan from one investment product to another investment product available under the plan. However, the transfer shall only be allowed in accordance with the provisions…

Individual deferred compensation accounts shall be established and maintained for each participant as necessary for record-keeping and reporting purposes. Notes Haw. Code R. § 14-44-17 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS § 88E-3) Comp 10/7/2023

Each individual account shall be credited with the amount of compensation deferred and shall be further adjusted by any increase or decrease resulting from investments, any direct charge authorized in the applicable investment product contract, and any withdrawal or payment of be…

Each participant shall be provided semi-annually with a written report of any account maintained on behalf of the participant. The report shall be mailed to the participant's last home address on file with the administrator, unless otherwise requested in writing. Notes Haw. Code …

(a) An application for enrollment shall be made on the participation agreement form prescribed by the board and shall be filed with the administrator. (b) An applicant for enrollment shall enter on the participation agreement form the following: (1) Identifying information, inclu…

Information about a participant shall only be disclosed to the participant or a person authorized in writing by the participant, unless otherwise authorized by law. Notes Haw. Code R. § 14-44-20 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS § 88E-3) Comp 10/7/2023

(a) Benefits under the plan shall be paid or made available to the participant no earlier than: (1) Separation from service when an employee is no longer employed by an employer under the plan due to termination, retirement, or death; (2) The occurrence of an unforeseeable emerge…

(a) A completed distribution request form prescribed by the board shall be filed with the administrator upon separation from service. Additional information may be required by the board prior to approval of the request. (b) The following shall be entered on the form: (1) Identify…

(a) Normal retirement age means any age, at the option of the participant, that is within the range of ages: (1) Beginning no earlier than the earliest age at which the participant has the right to retire under the employees' retirement system and to receive immediate benefits wi…

(a) Upon separation from service, but not later than thirty days after the close of the calendar year in which the participant separates from service, a participant may elect to have benefits commence at a fixed future time within limits allowed under section 14-44-21 (c). The el…

(a) The payment of benefits under the plan shall be made primarily for the benefit of the participant. (b) A method for payment of benefits shall be designated on the distribution request form from among the options available under the applicable investment product contracts, whi…

(a) In the event a distribution request form is not filed or an election to commence payments is not made in accordance with these rules, benefits shall be paid when the participant attains or would have attained normal retirement age, except as specified in subsection (b)(1). (b…

(a) A participant shall designate on the participation agreement form a beneficiary or beneficiaries, who shall receive the participant's benefits in the event of the participant's death. In the event a beneficiary has not been designated or the designation is ineffective, the pa…

All payments under the plan shall be subject to applicable tax withholding requirements. Notes Haw. Code R. § 14-44-28 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS § 88E-3) Comp 10/7/2023

Payments shall be mailed to the last home address on file with the administrator, unless otherwise requested in writing. Notes Haw. Code R. § 14-44-29 [Eff. MAY 12 1983] (Auth: HRS § 88E-3) (Imp: HRS § 88E-3) Comp 10/7/2023

(a) The participation agreement shall be effective upon acceptance by the administrator on behalf of the board and shall remain in effect unless it is modified by the participant or otherwise rendered ineffective by the plan or this chapter. (b) The administrator shall give each …