§88-42.5  Membership of employees holdingmore than one position, appointment, or office.  (a)  The membership of anyemployee holding more than one full-time position, appointment, office, or anycombination thereof shall be limited to the position, appointment, or office ofthe employee's option; provided that the employment in the position,appointment, or office shall meet the minimum membership eligibilityrequirements as provided in this part.  Any contributions made based on thecompensation, pay, or salary of the employee's position, appointment, or officeother than that on which the employee's membership is based shall be returnedto the employee.

The foregoing shall not apply to any employeeholding two part-time positions of the same class if each position meets theminimum eligibility requirements for membership, and the sum total of thecompensation, pay, or salary received for both positions does not exceed thehigher of the full-time compensation, pay, or salary for either position.

(b)  The membership of any faculty member orlecturer of the University of Hawaii with multiple part-time appointments orpositions shall be based on an aggregate of all such part-time faculty orlecturer appointments or positions not to exceed one full-time position.  Forthe purposes of this chapter, the sum total of the compensation, pay, or salaryreceived from the positions shall not exceed an amount equal to the highest ofthe full-time compensation, pay, or salary for any one of the part-timeappointments or positions.

Notwithstanding any other law to the contrary,with respect to any existing or former faculty member, lecturer, oradministrative, professional, or technical employee of the University of Hawaiiwho holds or held multiple part-time appointments or positions prior to July 1,2003, and who was reported by the University of Hawaii to the system aseligible for membership in the system, the system shall not adjust its recordsfor, or reduce the benefits of, such faculty member, lecturer, or administrative,professional, or technical employee by reason of the failure of such facultymember, lecturer, or administrative, professional, or technical employee tomeet the system membership eligibility requirements without the aggregation ofmultiple part-time appointments or positions. [L 1982, c 165, §2(10); am L2003, c 119, §2]

 

Attorney General Opinions

 

  Intent is to limit employees' retirement system membership toone full-time position.  Att. Gen. Op. 85-10.