Hawaii Administrative Code

In the event the plan is terminated, no further contributions shall be made. No further additions shall be made to the medical expense reimbursement spending account or dependent care reimbursement spending account, but all payments from those accounts shall continue to be made a…

Notes Haw. Code R. §§ 14-52-78 to 14-52-79

(a) The plan shall not be deemed to constitute a contract of employment between the State and any participant, or to be a consideration or an inducement for the employment of any participant or eligible employee, (b) Nothing contained in this plan shall be deemed to give any part…

Neither the State, the director, nor the third-party administrator makes any warranty or other representation as to whether or not any benefits received by a participant under the plan shall be treated as excludable from gross income for federal and State income tax purposes, or …

Except as otherwise provided in this chapter, benefits under the plan shall not be voluntarily or involuntarily transferred, assigned, or alienated, and shall not be subject to the rights of creditors. Notes Haw. Code R. § 14-52-82 [Eff SEP 13 1999] (Auth: HRS § 78-61) (Imp: HRS …

If a participant or other distributee is entitled to a reimbursement under this chapter and cannot be located, the reimbursement amount shall be deemed unclaimed or abandoned in accordance with the Uniform Unclaimed Property Act, chapter 523A, HRS. The unclaimed or abandoned reim…

If a participant or other distributee is entitled to a reimbursement under this chapter and cannot be located, the reimbursement amount shall be deemed unclaimed or abandoned in accordance with the Uniform Unclaimed Property Act, chapter 523A, HRS. The unclaimed or abandoned reim…

Except as otherwise provided in this chapter, whenever a period of time is stated in terms of days, the period shall mean calendar days, excluding the first day of the event. Notes Haw. Code R. § 14-52-85 [Eff SEP 13 1999] (Auth: HRS § 78-61) (Imp: HRS § 78-61) [Am and comp 12/2/…

The headings and captions set forth in these rules are provided for convenience only, and shall not affect the construction or interpretation of the plan. If there should be any conflict between the headings and captions and the text of the plan, the text shall control, Notes Haw…

If any provision of these rules or the plan is declared to be invalid or unenforceable by a court, the invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of these rules or the plan, and these rules or the plan shall be const…

The plan shall be construed and enforced according to the Code, and the laws of the State to the extent not preempted by federal law, Notes Haw. Code R. § 14-52-88 [Eff SEP 13 1999] (Auth: HRS § 78-61) (Imp: HRS § 78-61) [Comp 12/2/2021] (Auth; HRS § 78-30) (Imp: HRS § 78-301)…

(a) Chapter 88F, Hawaii Revised Statutes, authorizes the board of trustees of the State of Hawaii deferred compensation plan to establish the State of Hawaii PTS deferred compensation retirement plan for part-time, temporary, seasonal/casual employees of the State and participati…

As used in this subtitle: "Amounts deferred" means compensation withheld under this plan and any interest income resulting from the investment of the compensation withheld. "Beneficiary" means a person(s) designated by the participant, a participant's estate, or any person, whose…

(a) The office of the board is located at 235 S. 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. § 14-56-3 Comp …

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, Hawaii…

The plan document, approved by the board on March 6, 2001, is hereby incorporated by reference into these rules. Should the plan document conflict with chapter 88F or the Code, chapter 88F or the Code shall prevail. Notes Haw. Code R. § 14-56-6 Comp 3/24/2018

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. § 14-57-1 [Eff APR 26 1997 ] (Auth: HRS §§ 88F-3, 91-6) (Imp: HRS §§ 88F-3, 91-6)…

(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. § 14-57-4 [Eff APR 26 1997 ] (Auth: HRS § 88F-3) (Imp: HRS §§ 88F-3, 91-3, 91-4 to 9…

(a) Only part-time, temporary, and seasonal/casual employees as defined in section 14-56-2 may defer compensation under this plan. (b) Employees excluded under this plan are those employees who are: members of the State of Hawaii ERS; mandatorily excluded from social security cov…

(a) All assets of the plan, including amounts deferred under the plan by a participant and income attributable to the investment of the amounts deferred, shall be held in trust in accordance with section 457 of the Code for the exclusive benefit of participants and their benefici…

Participants shall have a one hundred per cent nonforfeitable right to all amounts deferred. Notes Haw. Code R. § 14-59-11 Comp 3/24/2018

(a) The board is authorized to determine the type of investment product(s) for the plan. However, the investment product shall guarantee a full return of principal. The board may add or eliminate an investment product or company under the plan. The board may also direct that addi…

To facilitate orderly administration of the plan, the investment provider shall maintain a deferred compensation account for each participant on behalf of the board. Notes Haw. Code R. § 14-59-13 Comp 3/24/2018

Each participant's account shall be credited with the amount of compensation deferred and shall be further adjusted by any earnings resulting from investments made and any costs for implementing and administering the plan, as authorized by the board. Notes Haw. Code R. § 14-59-14…

The investment provider shall provide each participant with written reports at least once annually on the participant's deferred compensation account, and at the time a distribution is made, as authorized by the board. The written reports shall include, but not be limited to: the…

Information about a participant shall only be disclosed to the participant, a person authorized in writing by the participant, or those involved in the administration of the plan, unless otherwise authorized by law. Notes Haw. Code R. § 14-59-16 Comp 3/24/2018

Benefits under the plan shall be paid or made available to the participant or his/her beneficiary no earlier than separation from service. A separation from service shall not be deemed to have occurred in situations where the employer knowingly intends to resume the employer-empl…

A participant shall notify the investment provider in writing on a form prescribed by the board when a separation from service occurs. A participant shall complete a distribution request form and any other documentation required by the board and investment provider. After verific…

If no contributions on behalf of a participant are received by the, investment provider for a period of one year, the investment provider shall mail a written request to the last known address of the participant to ascertain whether a separation from service has occurred. The wri…

Enrollment in the plan shall be mandatory for all eligible employees. Participation in the plan shall be deemed a condition of employment and continued employment. Notes Haw. Code R. § 14-59-2 Am and Comp 3/24/2018

Upon the death of a participant, the beneficiary shall notify the investment provider of the participant's death. After verification of the participant's death and completion of all documentation required by the board and the investment provider, a lump sum distribution of amount…

All payments under the plan shall be subject to applicable tax withholding requirements. Upon distribution of amounts deferred, the investment provider shall withhold applicable federal and state taxes and shall provide the participant or beneficiary, as applicable, with the appr…

Distributions shall be mailed to the last home address on file with the investment provider, unless otherwise requested in writing by the participant or beneficiary. Notes Haw. Code R. § 14-59-22 Comp 3/24/2018

Benefits under the plan shall be paid or made available to the participant or his/her beneficiary no earlier than separation from service. A separation from service shall not be deemed to have occurred in situations where the employer knowingly intends to resume the employer-empl…

The payment to a participant of amounts deferred shall commence no later than the time specified in the Code and the plan document. Notes Haw. Code R. § 14-59-24 Comp 3/24/2018

No later than thirty days after the close of the calendar year in which the participant separates from service, the participant shall irrevocably elect a time of distribution which is not later than the latest period listed in section 14-59-24 and a form of distribution listed in…

A participant may elect to receive one of the following methods of distributions: (1) Lump sum; or (2) Substantially nonincreasing annual installments over a period not to exceed five years. Notes Haw. Code R. § 14-59-26 Comp 3/24/2018

Participants who fail to elect a time or form of distribution within the time period noted in section 14-59-25, shall be deemed to have elected a lump sum distribution which shall be paid within sixty days after the close of the plan year in which the participant separates from s…

Upon the death of a participant, the beneficiary shall notify the investment provider of the participant's death. After verification of the participant's death and completion of all documentation required by the board and investment provider, a lump sum distribution of amounts de…

All payments under the plan shall be subject to applicable tax withholding requirements. Upon distribution of amounts deferred, the investment provider shall withhold applicable federal and state taxes and shall provide the participant or beneficiary, as applicable, with the appr…

All eligible employees shall be automatically enrolled. An enrollment form shall be completed by the participant, to be forwarded to the investment provider. Notes Haw. Code R. § 14-59-3 Comp 3/24/2018

Distributions shall be mailed to the last home address on file with the investment provider, unless otherwise requested in writing by the participant or beneficiary. Notes Haw. Code R. § 14-59-30 Comp 3/24/2018

Pursuant to section 457(e)(10) of the Code, when a participant separates from service or loses eligibility to participate in the plan, the participant may elect to transfer the amounts deferred into any other plan established under section 457 of the Code and which provides for p…

This plan shall not accept the transfer of a participant's previously deferred amounts under another deferred compensation plan. Notes Haw. Code R. § 14-59-32 Comp 3/24/2018