Haw. Code R. § 14-59-1 - Eligibility requirements

(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 coverage under the Social Security Act, as amended; excluded by written agreement with the Social Security Administration under section 218 of the Social Security Act, as amended; excluded under the Code; or excluded under any other state or federal law. These excluded employees include but are not limited to the following:

(1) Substitute teachers in the department of education;

(2) Students regularly attending classes in the educational institutions in which they are working;

(3) Employees hired temporarily to handle disaster emergencies, such as fires, floods, storms, earthquakes, hurricanes, etc.;

(4) Election officials and workers who are paid less than the threshold amount mandated by law (i.e., $1,100 in calendar year 2001);

(5) Persons hired through programs to relieve unemployment, such as services of welfare recipients performed in return for assistance payments because the primary intent of the programs is to provide assistance to the needy;

(6) Persons who are members of the ERS of the State of Hawaii, and are receiving benefits from the ERS or who are eligible to retire under ERS guidelines without early retirement penalties;

(7) Patients or inmates working in a hospital, home, or other institution;

(8) Nonresident aliens holding F-1, J-1, M-1, or Q-1 visas;

(9) Persons who are in multiple positions with the State or participating county, at least one of which makes the employee a member of the State ERS and that membership meets the minimum level of benefits required under section 3121 of the Code and the regulations thereunder;

(10) Graduate assistants who are full-time or part-time students and whose research or classes are related to their masters or doctorate degree;

(11) Student nurses whose services are performed in a hospital or training school when enrolled and regularly attending classes;

(12) Independent contractors; and

(13) Other employee groups that are or become excluded due to state or federal laws or regulations or other referendums or agreements.

Notes

Haw. Code R. § 14-59-1

[am 8/4/01; Am and Comp 3/24/2018]