reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-8 - Limitations on deferral amounts

Current through June, 2024
(a) The minimum
				  deferral amount per pay period shall be $10 per investment product.
(b) The maximum deferral amount, for both
				  pretax and Roth contributions, per taxable year, including a taxable year under
				  section 14-44-9, shall be identical to the
				  limits established under section 457 of the Code.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-9 - Catch-up provision

Current through June, 2024
(a) A participant
				  who will attain age fifty or more before the end of the calendar year shall be
				  eligible to elect an additional amount of elective deferrals as established
				  under the Code; provided that the additional amount is not made in the same
				  year as elected under subsection (b).
(b) During one or more of a participant's
				  last three taxable years ending before the participant attains normal
				  retirement age, as defined in section
				  14-44-23, a participant may be
				  eligible to defer compensation in excess of the limitation under section
				  14-44-8(b) as
				  follows:
(1) The maximum amount of deferral
				  for each taxable year of the catch-up period shall be the sum of the
				  underutilized limitation under subsection (b)(2), but not more than the limits
				  established under section 457 of the Code;
(2) The underutilized limitation shall be
				  computed by adding:
(A) The maximum amount of
				  deferral under section
				  14-44-8 (b) for
				  the taxable year; and
(B) The
				  amount which a participant could have deferred but did not defer (which is the
				  maximum amount under section
				  14-44-8 (b) less
				  any amount previously deferred) in prior taxable years which the participant
				  was eligible to participate in the plan or another eligible plan (within the
				  meaning of section 457 of the Internal Revenue Code,
				  26 U.S.C. §
													457); and
(3) A participant shall only be eligible to
				  utilize the catch-up provision once, regardless of whether the participant
				  fully utilizes the provision or rejoins the plan.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-10 - Reduction in maximum amounts allowable

Current through June, 2024
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 annuity plan under section
					 403(b) of the Internal Revenue Code,
					 26 U.S.C. §
											403 (b).
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-11 - Responsibilities regarding maximum amounts

Current through June, 2024
(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 for
				  any tax consequences which may arise as a result of deferrals under the plan
				  which exceed the maximum amounts allowable under sections
				  14-44-8 (b),
				  14-44-9, and
				  14-44-10.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-12 - Insufficient funds; suspension; reinstatement

Current through June, 2024
(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 consecutive pay periods.
(c) A participant whose deferrals have been
				  suspended shall file a written request with the administrator to have deferrals
				  reinstated on the same terms contained in the participation agreement prior to
				  the suspension. However, if the desired reinstatement is to be on terms other
				  than those contained in the participation agreement, a participant shall file
				  an amended participation agreement, which shall be subject to acceptance by the
				  board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 2 - DEFERRALS › Section 14-44-13 - Deferrals remain as employer's assets

Current through June, 2024
(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, the
				  amounts deferred by the participant, including income attributable to the
				  investment of the amounts deferred, shall become an asset of the new
				  employer.
(c) A participant's
				  rights to the amounts deferred shall be limited to those provided in the plan
				  and this chapter.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 3 - INVESTMENTS › Section 14-44-14 - Investment of deferred amounts

Current through June, 2024
(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 board to be reasonably prudent investment
				  products.
(b) Contracts entered
				  into between the board and the companies selected by the board to offer the
				  investment products for the plan shall be binding upon the
				  participants.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 3 - INVESTMENTS › Section 14-44-15 - Designation of investment preference

Current through June, 2024
(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
				  deferrals by filing an amended participation agreement, which shall be subject
				  to acceptance by the board.
(c)
				  Investment of deferred amounts shall be made in accordance with the
				  participants' designated preferences unless otherwise directed by the board for
				  good cause, such as, circumstances which necessitate an immediate safeguarding
				  of deferred amounts. Whenever deferred amounts are not invested in accordance
				  with the participants' designated preferences, all affected participants shall
				  be advised by the administrator in writing of the action taken by the board and
				  the reason for the action.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 3 - INVESTMENTS › Section 14-44-16 - Transfer of amounts previously deferred

Current through June, 2024
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
					 of the contracts pertaining to the applicable investment
					 products.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 4 - ACCOUNTS AND REPORTS › Section 14-44-17 - Individual accounts

Current through June, 2024
Individual deferred compensation accounts shall be
					 established and maintained for each participant as necessary for record-keeping
					 and reporting purposes.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 4 - ACCOUNTS AND REPORTS › Section 14-44-18 - Adjustments to accounts

Current through June, 2024
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
					 benefits authorized by the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 4 - ACCOUNTS AND REPORTS › Section 14-44-19 - Reports on accounts

Current through June, 2024
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.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 4 - ACCOUNTS AND REPORTS › Section 14-44-20 - Disclosure of information

Current through June, 2024
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.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-21 - When payable; earliest and latest dates; suspension of benefits

Current through June, 2024
(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 emergency as provided in sections
				  14-44-30 to
				  14-44-33; or
(3) The occurrence of a public health
				  emergency or pandemic during which federal tax relief assistance is made
				  available, and as provided in sections
				  14-44-44 to
				  14-44-45.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-22 - Distribution request form; filing requirements

Current through June, 2024
(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) Identifying information, including
				  name, social security number, date of birth, home address, and home telephone
				  number;
(2) Date of and reason for
				  separation from service;
(3)
				  Whether the catch-up provision has been utilized;
(4) Normal retirement age;
(5) Payment option;
(6) Commencement date of payments;
				  and
(7) Signature authorizing
				  proper withholding of taxes and certifying the information is true and correct
				  to the best of the person's knowledge and belief.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-23 - Normal retirement age defined; designation

Current through June, 2024
(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
				  without reduction; and
(2) Ending
				  not later than age 70 1/2. However, if a participant continues to work beyond
				  the specified ages, normal retirement age shall not be later than the mandatory
				  retirement age applicable to the participant or the date the participant
				  separates from service with the employer.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-24 - Election to commence benefits

Current through June, 2024
(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
				  election shall be made on a distribution request form, which shall be filed
				  with the administrator and subject to the administrator's approval.
(b) In the absence of an election within the
				  prescribed time under subsection (a), benefits shall commence at the latest
				  time provided under section
				  14-44-21(c), or
				  as prescribed under the Code, as amended.
(c) Before commencement of distributions
				  under subsection (a) or (b), as applicable, a participant may elect to further
				  delay commencement of the distributions. The participant may make such an
				  election only once and delayed distributions shall not commence later than the
				  required beginning date specified in section 401(a)(9) of the Code. The
				  election to delay shall be made on a distribution request form, which shall be
				  filed with the administrator and subject to the administrator's
				  approval.
(d) A required minimum
				  distribution shall commence no later than April 1 of the year following the
				  calendar year in which the participant attains the age of 70 1/2 years by
				  December 31, 2019, or the age of seventy-two years, provided the participant
				  attains the age of 70 1/2 years after calendar year 2019; or by April 1 of the
				  year following the year in which the participant retires or has otherwise
				  separated from service, and as prescribed under the Code.
(e) A participant or a participant's
				  beneficiary who would have satisfied the required minimum distribution for the
				  calendar year 2020 by receiving a required minimum distribution that is:
(1) A single sum equal to the 2020 required
				  minimum distribution will be waived; or
(2) If paid in a series of substantially
				  equal periodic payments made at least annually and expected to last for the
				  life expectancy of the participant, the joint life expectancies of the
				  participant and the participant's designated beneficiary, or for a period of at
				  least ten years, periodic payments will continue as
				  scheduled.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-25 - Selection of payment options

Current through June, 2024
(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,
				  which may include:
(1) Fixed payments over a
				  period of time;
(2) Annuity
				  payments; and
(3) Lump sum
				  payment.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-26 - Failure to select distribution options

Current through June, 2024
(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)
				  In the event a method for payment of benefits is not designated in accordance
				  with this chapter, benefits shall be paid as follows:
(1) For an account valued at less than
				  $5,000, immediately and in a lump sum; and
(2) For an account valued at $5,000 or
				  greater, in five equal annual installments.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-27 - Beneficiaries; designation; rights

Current through June, 2024
(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 participant's estate shall become the
				  beneficiary.
(b) Effective for a
				  participant's death after December 31, 2021, benefits payable to the
				  participant's designated beneficiary shall be distributed within ten years
				  after the death of the participant, except with respect to eligible designated
				  beneficiaries as defined under the Code, including surviving spouses, minor
				  children, disabled or chronically ill beneficiaries, and an individual who is
				  not more than ten years younger than the participant.
(c) Upon the participant's death, a
				  beneficiary shall have all the rights of the participant, except as limited by
				  regulations governing section 457 of the Internal Revenue Code,
				  26 U.S.C. §
											457.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-28 - Withholding of taxes

Current through June, 2024
All payments under the plan shall be subject to applicable
					 tax withholding requirements.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 5 - DISTRIBUTION OF BENEFITS › Section 14-44-29 - Mailing of payments

Current through June, 2024
Payments shall be mailed to the last home address on file
					 with the administrator, unless otherwise requested in
					 writing.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 6 - UNFORESEEABLE EMERGENCY › Section 14-44-30 - Request for emergency withdrawal; form

Current through June, 2024
(a) If a
				  participant incurs an unforeseeable emergency as defined in section
				  14-44-31, the participant may
				  apply for an emergency withdrawal by filing with the administrator a completed
				  emergency withdrawal request form prescribed by the board, attaching evidence
				  in support of the request. Additional evidence may be required by the board as
				  necessary to dispose of the request.
(b) A participant requesting an emergency
				  withdrawal shall enter on the form the following:
(1) Identifying information, including name,
				  home address, employing department, and work telephone number;
(2) List of participant's assets;
(3) Specification of unforeseeable
				  emergency;
(4) Detail of costs
				  incurred or to be incurred;
(5)
				  Whether the withdrawal results from an emergency affecting someone other than
				  participant and, if so, whether that person is the participant's
				  dependent;
(6) Amounts not payable
				  by other sources;
(7) TV mounts
				  necessary to satisfy the emergency; and
(8) Signature authorizing proper withholding
				  of taxes and certifying the information is true and correct to the best of the
				  participant's knowledge and belief.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 6 - UNFORESEEABLE EMERGENCY › Section 14-44-31 - Unforeseeable emergency defined

Current through June, 2024
An unforeseeable emergency means severe financial hardship
					 to a participant resulting from a sudden and unexpected illness or accident of
					 the participant or of the participant's dependent (as defined in section 152(a)
					 of the Internal Revenue Code,
					 26 U.S.C. §
											152(a)), loss of the
					 participant's property due to casualty, or similar extraordinary circumstances
					 beyond the participant's control.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 6 - UNFORESEEABLE EMERGENCY › Section 14-44-32 - Limitations on withdrawals

Current through June, 2024
An emergency withdrawal shall only be approved by the board
					 to the extent that:
(1) It is
				  reasonably needed to satisfy the emergency; and
(2) Severe financial hardship cannot be
				  relieved by:
(A) Reimbursement or
				  compensation from sources other than an emergency withdrawal under the
				  plan;
(B) Cessation of deferrals
				  under the plan; and
(C) Liquidation
				  of the participant's assets, to the extent that the liquidation of assets would
				  not in itself cause severe financial hardship.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 6 - UNFORESEEABLE EMERGENCY › Section 14-44-33 - Payment; board approval; distributions from designated Roth account

Current through June, 2024
(a) Only emergency withdrawals which have
				  been approved by the board shall be made under the plan.
(b) Payments shall be made as directed by the
				  board and shall include amounts which are required to be withheld for income
				  tax purposes.
(c) If an emergency
				  withdrawal is not approved by the board, the administrator shall promptly
				  notify the participant in writing of the disapproval and the reason for the
				  disapproval.
(d) A distribution to
				  satisfy an approved emergency withdrawal shall not be permitted from the
				  designated Roth account.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 7 - TRANSFERS BETWEEN EMPLOYERS › Section 14-44-34 - Transfers between employers under the plan

Current through June, 2024
(a) When
				  a participant changes employment from one employer to another employer under
				  the plan, benefits shall not be payable under the plan. The participant's
				  deferred compensation account with respect to previously deferred amounts shall
				  continue in full force and effect.
(b) The amounts deferred in the participant's
				  deferred compensation account, including income attributable to the investment
				  of the amounts deferred, shall be transferred to the new employer. The
				  participant's rights under the plan shall be maintained by the new
				  employer.
(c) A participant shall
				  file an amended participation agreement and other forms as may be required to
				  have compensation deferred by the new employer.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 7 - TRANSFERS BETWEEN EMPLOYERS › Section 14-44-35 - Transfers to another eligible plan

Current through June, 2024
(a) Regardless of
				  any other provision of the plan or these rules, when a participant separates
				  from service under the plan, benefits shall not be payable under the plan if
				  the following conditions exist:
(1) The
				  participant separates from service to accept employment with an entity which
				  has an eligible plan and is located within the State of Hawaii;
(2) The participant has become a participant
				  in the eligible plan of that entity; and
(3) The eligible plan of that entity accepts
				  the transfer of previously deferred amounts from another eligible
				  plan.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 7 - TRANSFERS BETWEEN EMPLOYERS › Section 14-44-36 - Transfers from another eligible plan

Current through June, 2024
(a) If a
				  participant has previously deferred compensation under another eligible plan
				  which has a plan-to-plan transfer provision in accordance with regulations
				  governing section 457 of the Internal Revenue Code,
				  26 U.S.C. §
											457, the transfer of previously deferred
				  amounts from the other eligible plan shall be accepted under the
				  plan.
(b) The participant shall
				  designate in writing from among the investment products available under the
				  plan a preference for the investment of the amount transferred from the other
				  eligible plan.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 7 - TRANSFERS BETWEEN EMPLOYERS › Section 14-44-36.1 - Purchase of service credits under a defined benefit plan

Current through June, 2024
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.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 8 - BOARD REVIEW OF ADMINISTRATOR'S ACTIONS › Section 14-44-37 - Request for board review

Current through June, 2024
(a) A board review
				  may be requested by an employee regarding an action taken by the administrator,
				  as it applies to the employee, which the employee believes is inconsistent with
				  the plan or this chapter. The employee shall make reasonable efforts to resolve
				  the disagreement with the administrator prior to requesting a board
				  review.
(b) All requests for board
				  review shall be in writing and shall state the efforts taken to resolve the
				  disagreement with the administrator, the specific reason why the action taken
				  by the administrator is inconsistent with the plan or this chapter, the action
				  requested, and the reason why the requested action is proper.
(c) Requests for board review shall be filed
				  within thirty calendar days of the date of the action taken by the
				  administrator.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 8 - BOARD REVIEW OF ADMINISTRATOR'S ACTIONS › Section 14-44-38 - Disposition of request

Current through June, 2024
An employee's request for a board review may be disposed of
					 with or without an appearance before the board. The employee shall be promptly
					 notified by the board in writing of the results of its
					 review.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 9 - DESIGNATED ROTH CONTRIBUTIONS › Section 14-44-39 - Designated Roth contributions

Current through June, 2024
(a) Designated Roth
				  contributions shall apply to contributions after December 31, 2023.
(b) Designated Roth contributions shall be
				  treated as includible in the participant's gross income at the time the
				  participant would have received that amount in cash if the participant had not
				  made a deferred election.
(c) A
				  designated Roth contribution shall be treated as an elective deferral and
				  subject to the combined maximum annual deferral limits for normal deferrals,
				  age based deferrals, or traditional catchup deferrals.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 9 - DESIGNATED ROTH CONTRIBUTIONS › Section 14-44-40 - Designated Roth account

Current through June, 2024
(a) The amount to
				  be deferred as a designated Roth contribution shall be deposited into a
				  designated Roth account in the plan.
(b) Contributions, withdrawals, gains,
				  losses, and other credits or charges shall be separately accounted for in the
				  designated Roth account for the purposes of 1099-R, tax reporting, and separate
				  tracking, and are subject to the requirements set forth by the board.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 9 - DESIGNATED ROTH CONTRIBUTIONS › Section 14-44-41 - Rollover contributions

Current through June, 2024
(a) Rollovers may
				  be permitted, including transfers from a Roth elective deferral account under
				  an eligible retirement plan to a Roth elective deferral account under the plan;
				  or from a Roth elective deferral account under the plan to a Roth elective
				  deferral account under an eligible retirement plan, for the benefit of the
				  participant or the designated beneficiary, subject to any restrictions under
				  the Code.
(b) In-plan Roth
				  rollovers to a designated Roth account are treated as rollovers for the
				  purposes of 1099-R, tax reporting, and separate tracking, and are subject to
				  the requirements set forth by the board.
(c) If a participant elects an in-plan
				  rollover from the plan's non-Roth account to a designated Roth account within
				  the plan, a rollover shall be permitted; provided that:
(1) The rollover amount satisfies the rules
				  for distribution under the Code.
(2) The rollover amount is an eligible
				  rollover distribution, as defined in section 402A(c)(4) of the Code.
(3) The rollover amount is directed into the
				  same investment options as the pre-tax 457 (b) account.
(4) The rollover amount may include, with the
				  exception of traditional individual retirement accounts, the following:
(A) Pre-tax 457(b) elective
				  deferrals;
(B) Outside 457(b)
				  rollover monies; and
(C) Non-457(b)
				  rollover monies from qualified plans, section 403(b)
				  plans,
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 9 - DESIGNATED ROTH CONTRIBUTIONS › Section 14-44-42 - Rollovers into the plan; rollovers out of the plan

Current through June, 2024
(a) A
				  participant may elect a direct rollover into the designated Roth account under
				  the plan from another Roth elective deferral account, provided that the amount
				  satisfies the rules for distribution under the Code.
(b) A participant may elect a direct rollover
				  out of the plan to another Roth elective deferral account, provided that the
				  amount satisfies the rules for distribution under the Code.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 9 - DESIGNATED ROTH CONTRIBUTIONS › Section 14-44-43 - Distributions from the designated Roth account

Current through June, 2024
(a) A
				  distribution from the designated Roth account is a qualified distribution if
				  the distribution occurs at least five years after the year of the participant's
				  first designated Roth and is made:
(1) On or
				  after attainment of age 59 1/2 years;
(2) On account of the employee's disability;
				  or
(3) On or after the employee's
				  death.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 10 - IN-SERVICE CORONAVIRUS RELATED DISTRIBUTION OPTIONS › Section 14-44-44 - Request for an in-service coronavirus related distribution under the CARES Act

Current through June, 2024
(a) A participant may request an in-service
				  withdrawal for coronavirus related distributions under the CARES Act, provided
				  that the withdrawal is a single or lump sum or partial lump sum distribution
				  from the account up to a maximum aggregate limit of $100,000 on or after
				  January 1, 2020 and before December 31, 2020.
(b) The participant must:
(1) Be diagnosed with the virus SARS-CoV-2 or
				  with COVID-19 by a test approved by the Centers for Disease Control and
				  Prevention;
(2) Have a spouse or
				  dependent who is diagnosed similarly with the virus or disease; or
(3) Be experiencing adverse financial
				  consequences as a result of being quarantined, being furloughed or laid off or
				  having work hours reduced due to the virus, being unable to work due to a lack
				  of child care due to the virus, the closing or reducing hours of a business
				  owned or operated by the individual due to the virus; or other eligibility
				  factors as determined by the Internal Revenue Service.
A self-certification form that satisfies the eligibility
					 requirements for a coronavirus related distribution must be submitted by the
					 participant.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 4 - STATE OF HAWAII DEFERRED COMPENSATION PLAN › Chapter 44 - PLAN PROVISIONS › Subchapter 10 - IN-SERVICE CORONAVIRUS RELATED DISTRIBUTION OPTIONS › Section 14-44-45 - Repayment of a coronavirus related distribution under the CARES Act

Current through June, 2024
A participant may repay all or part of the amount of a
					 coronavirus related distribution to the plan within three years after the date
					 of the distribution was received, and as prescribed under the
					 Code.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 14-51-1 - Purpose

Current through June, 2024
The purpose of this chapter is to implement and administer
					 the State of Hawaii cafeteria plan within the meaning of section 125 of the
					 Internal Revenue Code of 1986, as amended, for the exclusive benefit of
					 eligible employees of the State.
The cafeteria plan will allow eligible state employees an
					 election to reduce their pretax compensation in return for payment by the
					 employer of expenses of eligible benefits. The value of some, but not
					 necessarily all, such employer paid eligible benefits shall be excluded from
					 the employees gross income for federal and state tax purposes, as provided by
					 law. Participation in this plan shall not be considered as an employment
					 contract between the employer and the employee, nor as giving the employee any
					 right to continued employment.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 1 - PURPOSE AND DEFINITIONS › Section 14-51-2 - Definitions

Current through June, 2024
"Component plan" means:
(1) Any health benefit plan provided by or
				  through an entity (e.g., the Hawaii employer-union health benefits trust fund
				  under chapter
				  87A, HRS) authorized by statute to
				  administer the State's health benefits plans, which is an "accident or health
				  plan" within the meaning of section 105(e) of the Code and requires employee
				  contributions; and
(2) Any employee
				  organization health benefit plan approved for employer contribution transfers
				  by the board of trustees authorized by statute to oversee the administration of
				  the State's health benefits plans, provided that the plan provides to the plan
				  administrator such information and documentation as the plan administrator may
				  determine to be necessary or desirable, at any time and from time to time, to
				  establish to the plan administrator's satisfaction that each of the following
				  requirements has been met by the plan:
(A) The
				  component plan is an "accident or health plan" within the meaning of section
				  105(e) of the Code; and
(B) Any
				  other requirements applicable to the determination of whether benefits provided
				  under the plan constitute "qualified benefits" within the meaning of
				  regulations promulgated under section 125 of the Code are satisfied.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 2 - ELIGIBILITY AND ENROLLMENT › Section 14-51-11 - Eligibility

Current through June, 2024
(a) A person shall be eligible to participate
				  in this plan only:
(1) If the person is
				  employed by the State of Hawaii; and
(2) If the person is eligible for benefits
				  under a component plan.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 2 - ELIGIBILITY AND ENROLLMENT › Section 14-51-12 - Enrollment

Current through June, 2024
(a) An employee may enroll in this premium
				  conversion plan by completing a benefit election form(s) in accordance with
				  subchapter 3, benefit elections, or by any other process authorized by the plan
				  administrator.
(b) While an
				  employee is a participant in this plan, any required employee monthly
				  contributions for eligible expenses will be paid by the employer.
(c) Enrollment in this plan shall constitute
				  an employee's election to include all eligible expenses for all component plans
				  the employee is enrolled in.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-21 - Filing of benefit elections

Current through June, 2024
(a) All benefit
				  election forms and other communications from any employee or other person to
				  the plan administrator required or permitted under this plan shall be:
(1) In a form as prescribed from time to time
				  by the plan administrator:
(2)
				  Mailed by first-class mail or delivered to locations as specified by the plan
				  administrator; and
(3) Deemed to
				  have been given and delivered only upon receipt by the plan administrator or
				  the delegated representatives at such locations.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-22 - Periods during which elections may be made; effective date of coverage

Current through June, 2024
Subject to the conditions and limitations of this plan and
					 the component plans, an employee may elect to have compensation reduced and to
					 have the employer pay eligible expenses by submitting the benefit election
					 form(s) required under section
					 14-51-21 to the plan
					 administrator, or the delegated representative(s), as follows:
(1) During an enrollment period designated by
				  the plan administrator held prior to the beginning of the plan year to which
				  the benefit election form applies, in which case coverage shall become
				  effective on the first day of the plan year; or
(2) In the case of a newly eligible employee,
				  within ninety days of the date such employee is eligible under a component
				  plan. Coverage shall become effective as soon as administratively possible
				  thereafter, but in no event shall it be later than the first day of the month
				  following the date the employee files the benefit election form(s) with the
				  plan administrator, or the delegated representatives.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-23 - Duration of elections

Current through June, 2024
An employee's benefit election shall remain in effect for
					 the duration of the person's employment or the duration of this plan unless
					 canceled or changed as provided below:
(1) An employee may voluntarily cancel or
				  change a benefit election during a designated enrollment period by filing the
				  required form(s) with the delegated representative, in which case the
				  cancellation or change shall become effective at the beginning of the following
				  plan year.
(2) An employee may
				  voluntarily make a new benefit election, or may cancel or change an existing
				  benefit election pursuant to the conditions and limitations specified in
				  section 14-51-24. The new benefit election, cancellation, or change shall
				  become effective as soon as administratively possible, on a prospective basis,
				  after the employee files a benefit election form with the delegated
				  representative. However, the cancellation shall be effective no later than the
				  last day of the month, and the new benefit election or change shall be
				  effective no later than the" first day of the month following the filing of the
				  benefit election form(s)
(3) An
				  employee's benefit election may be administratively canceled if the employee
				  ceases to be eligible for benefits under a component plan, in which case the
				  cancellation shall become effective as of the same date on which the component
				  plan coverage is canceled.
(4) An
				  employee's benefit election shall be canceled and such employee's participation
				  in this plan shall cease at the end of the plan year in which the termination
				  of employment occurred.
(A) An employee may
				  cancel his benefit election upon termination from service.
(B) The benefit election of an employee who
				  terminates from service but is reemployed during the same plan year and who
				  continues enrollment in or newly enrolls in at least the same component plan(s)
				  with the same coverage as that in effect at the time of the termination from
				  service shall be deemed to continue without interruption upon
				  re-employment.
(C) The benefit
				  election of an employee who terminates from service but is re-employed during
				  the same plan year and who does not continue enrollment or enroll in at least
				  the same component plan(s) with the same coverage as that in effect at the time
				  of the termination from service shall be canceled upon re-employment unless
				  such change is on account of one of the conditions listed under section
				  14-51-24(a).
(D) An employee whose
				  benefit election is voluntarily or involuntarily canceled shall be ineligible
				  to re-enroll in the plan until the next enrollment period.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-24.1 - Administrative changes in elections

Current through June, 2024
(a) The plan
				  administrator may make certain administrative cancellations or changes in
				  coverage, as allowed under section 125 of the Code.
(b) Any cancellation or change in election
				  shall remain in effect until a subsequent allowable cancellation or change is
				  properly filed by the employee.
(c)
				  Cancellations or changes shall take effect as specified in section
				  14-51-23(3).
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-25 - Review

Current through June, 2024
The plan administrator or the delegated representative(s)
					 will review each benefit election form that is submitted by an employee to
					 determine whether it is correct and is accompanied by any required
					 documentation.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-26 - Rejection and cancellation; notification

Current through June, 2024
(a) An application
				  for benefit election shall be rejected or canceled if:
(1) The form is incomplete;
(2) An entry in the form is inconsistent with
				  the plan or this chapter; or
(3)
				  The applicant is not eligible under a component plan.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-27 - Level of payment

Current through June, 2024
Subject to the conditions and limitations of the plan, an
					 employee may elect to have the employer pay monthly employee contributions for
					 self only and family enrollments required under the terms of the component plan
					 in any plan year. No payment will be made by the employer if no eligible
					 expenses are incurred.
Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 4 - FUNDING AND PAYMENT OF BENEFITS › Section 14-51-31 - Funding

Current through June, 2024
All benefits under this plan shall be funded through
					 compensation reduction elections authorized by participating employees. The
					 compensation received during a period of coverage by each participating
					 employee shall be reduced by the allocated amount Compensation reduction will
					 be prorated over each payroll period.