Title 21, Labor And Industrial Relations

[§389-13] Civil actions. Any covered employee denied enrollment into the program in violation of section 389-5(e)(1) may file a civil action against the covered employer to require the covered employer to enroll the covered employee into the program and recover costs, including r…

§389-14 Penalties. (a) Any covered employer who fails to enroll a covered employee into the program in accordance with section 389-5(e)(1) without equitable justification shall be liable: (1) To the covered employee, in an amount equal to the contribution amount that would have b…

[§389-15] Rulemaking. (a) The department, in consultation with the department of budget and finance, may adopt rules pursuant to chapter 91 to govern the actions of the board. (b) The board, in consultation with the department and department of budget and finance, may adopt rules…

[§389-16] Audits and annual reports. (a) The board shall cause an accurate account of all activities, operations, receipts, and expenditures to be maintained in relation to the program and the board. Each year, after the first full fiscal year following program implementation, a …

§389-2 Definitions. As used in this chapter, unless the context otherwise requires: "Board" means the Hawaii retirement savings board established under section 389-3. "Covered employee" means an individual who: (1) Is a resident of the State; (2) Is eighteen years of age or older…

[§389-3] Hawaii retirement savings board; establishment; purpose. (a) There is established within the department for administrative purposes only, a Hawaii retirement savings board to implement and administer a state-facilitated payroll-deduction retirement savings program for pr…

§389-4 Hawaii retirement savings board; powers; duties. (a) The board shall have powers and duties in accordance with law to: (1) Establish, implement, and maintain the program; (2) Cause the program and arrangements and accounts established under the program to be designed, esta…

§389-5 Hawaii retirement savings program; due diligence; establishment; payroll deduction. (a) There is established within the department, for administrative purposes only, a Hawaii retirement savings program. The program shall be administered by the board, in consultation with t…

[§389-6] Hawaii retirement savings program; contribution amount; rates. The default contribution amount deducted from the payroll of a covered employee who has elected to contribute to the program shall be equal to five per cent of the covered employee's salary or wages; provided…

§389-7 Hawaii retirement savings program; program manager. (a) The program shall be managed by a program manager that shall be a financial institution with professional knowledge and experience in managing payroll deduction IRAs, contracted by the board in compliance with chapter…

[§389-8] Hawaii retirement savings special fund. (a) There is established within the state treasury a Hawaii retirement savings special fund, into which shall be deposited: (1) Moneys appropriated to the fund by the legislature; (2) Moneys transferred to the fund from the federal…

[§389-9] Protection from liability; employers. (a) No covered employer or other employer shall be liable for or bear responsibility for: (1) An employee's decision to opt in or not participate in the program; (2) Investment decisions made by the participants and the board; (3) Th…