STAND. COM. REP. NO. ‘SZ‘
Honolulu, Hawaii
APRUHUB
RE: s.R. No. 148
s.D. 1
Honorable Ronald D. Kouchi
President of the Senate
Thirty—Second State Legislature
Regular Session of 2023
State of Hawaii
Sir:
Your Committee on Labor and Technology, to'which was referred
S.R. No. 148 entitled:
"SENATE RESOLUTION REQUESTING THE DEPARTMENT OF LABOR AND
INDUSTRIAL RELATIONS TO PROVIDE AND PRODUCE UPDATED ACTUARIAL
STUDIES REGARDING THE LIFESPAN PROBABILITIES OF SURVIVING
DEPENDENT BENEFICIARIES FOR THE PURPOSE OF APPLYING HAWAII'S
WORKERS' COMPENSATION LAW, "
begs leave to report as follows:
The purpose and intent of this measure is to request that the
Department of Labor and Industrial Relations:
(l) Research current actuarial data and population studies
for the purpose of creating updated materials for
assessing appropriate benefit amounts for dependent
surviving spouses, dependent surviving children,
dependent surviving parents, and dependent surviving
grandparents, as well as establishing updated standards
for distinguishing wholly dependent beneficiaries from
partially dependent beneficiaries; and
(2) Deliver a report summarizing the results of its
research, along with recommendations for revising the
differing amounts of weekly benefits to surviving
beneficiaries based on relationship status and degree of
dependency, if any, and further suggest necessary
2023—2391 SR SSCR SMA-l.docx
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REP. No.
STAND.
Page 2
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[SZI
legislation for implementation of any necessary
adjustments prior to the convening of the Regular
Session of 2024.
Your Committee received testimony in support of this measure
from the Department of Labor and Industrial Relations.
finds that the Department of Labor and
Your Committee
Industrial Relations (DLIR) bases its calculations for different
generations of surviving beneficiaries on an actuarial table from
a study conducted in 1963. Your Committee recognizes that
Hawaii's cost of living and prevailing maximum benefit rate has
substantially changed over the last sixty years, and therefore an
updated study is necessary to ensure that the State compensates
its workers and their dependents fairly and equitably in the event
of work—related disability or death. According to testimony
received by your Committee, DLIR currently does'not have any
specialized experts on its staff that can fulfill the requested
actions in this measure. Your Committee notes that DLIR would
require additional time and funding to contract with an actuary to
provide the analysis and assessment requested.
Therefore, your Committee has amended this measure by:
(l) Deleting language requesting that the Department of
Labor and Industrial Relations:
(A) Research current actuarial data and population
studies for the purpose of creating updated
materials for assessing appropriate benefit amounts
for dependent surviving spouses, dependent
surviving children, dependent surviving parents,
and dependent surviving grandparents, as well as
establishing updated standards for distinguishing
wholly dependent beneficiaries from partially
dependent beneficiaries; and
(B) Deliver report summarizing the results of its
a
research, along with recommendations for revising
the differing amounts of weekly benefits to
surviving beneficiaries based on relationship
status and degree of dependency, if any, and
further suggest necessary legislation for
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STAND. COM. REP. No.
Page 3
“’2'
implementation of any necessary adjustments prior
to the convening of the Regular Session of 2024;
(2) Inserting language that requests the Department of Labor
and Industrial Relations to:
(A) Analyze the available data on Hawaii workers'
compensation cases relating to death benefits for
the past ten years and obtain any additional data
from the Hawaii Insurers Council or any other state
or federal sources to recommend any updates to the
Workers' Compensation Law; and
(B) Submit a report to the Legislature of its findings
and recommendations for updating the Workers'
Compensation Law, particularly section 386—41,
Hawaii Revised Statutes, no later than twenty days
prior to the convening of the Regular Session of
2024;
Amending its title in accordance with its amended
purpose; and
(4) Making technical, nonsubstantive amendments for the
purposes of clarity and consistency.
affirmed by the record of votes of the members of your
As
Committee on Labor and Technology that is attached to this report,
your Committee concurs with the intent and purpose of S.R.
No. 148, as amended herein, and recommends its adoption in the
form attached hereto as S.R. No. 148, S.D. l.
Respectfully submitted on
behalf of the members of the
Committee on Labor and
Technology,
ON MOR WAKI, Chair
2023—2391 SR SSCR SMA-l.docx
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The Senate
Thirty-Second Legislature
State of Hawai‘i
Record of Votes
Committee on Labor and Technology
LBT
Bill / Resolution No.:* Committee Referral: Date:
5R i4? LBT 3/20/23
D The Committee is reconsidering its previous decision on this measure.
If so, then the previous decision was to:
The Recommendation is:
D Pass, unamended
2312
E Pass, with amendments D
2311
Hold
2310
D Recommit
2313
Members Aye Aye (WR) Nay Excused
MORIWAKI, Sharon Y. (C) ’4
LEE, Chris (VC) 7"
IHARA, Jr., Les 7g
KEITH-AGARAN, Gilbert S.C. Ya
FEVELLA, Kurt f
T0TA L Lf \
Recommendation:
E Adopted D Not Adopted
Chair’s or Designee’s Signature:
:
Distribution: Original Yellow Pink Goldenrod
File with Committee Report Clerk's Office Drafting Agency Committee File Copy
*Only one measure per Record of Votes
Revised: 11/30/22