HRS §389-15
Rulemaking
This section lets the department and the board make rules for the program. The rules can cover enrollment, payroll withholding, withdrawals, rollovers, outreach, and forms. It is a procedural section about how rules are made.
employeesemployersstate agencies
The statute, as written — 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 pursuant to chapter 91 to carry out the purposes of this chapter. The rules adopted by the board may include but not be limited to rules and procedures governing: (1) Enrollment and contributions to an IRA under the program, including withholding by covered employers of employee payroll, rights of covered employees, and obligations of covered employers; (2) Withdrawals, rollovers, and direct transfers from an IRA under the program in the interest of facilitating portability and maximization of benefits; (3) Phasing in the enrollment of eligible covered employees by the size or type of covered employer, beginning with the initial applicability date specified in this chapter; (4) Outreach to covered employees, covered employers, other stakeholders, and the public regarding the program; (5) Actions of the program manager; (6) Distribution of funds from the program ; (7) Portability of benefits, including the ability to make tax-free rollovers or transfers from IRAs under the program to other IRAs or to tax-qualified plans that accept rollovers; and (8) Prescribed forms to be used by covered employers and covered employees.
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