Haw. Rev. Stat. § 88-183 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-183
Qualifications.
Status: in_force

Except in the counties of Hawaii and Maui, no person shall be appointed as a member of the pension board unless the person be a registered voter who has resided for five or more years in the county for which appointed; no person shall be eligible for membership or be a member of any such board, who occupies any elective or appointive office or position under any county government; and no member of any of such boards shall, during the term for which the member was appointed, serve as an officer or committee member of any political party or organization, nor shall the member present oneself as a candidate or be a candidate for nomination or election to any public office in any primary or general election during the term.
Haw. Rev. Stat. § 87A-9 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-9
Legal adviser.
Status: in_force

The attorney general shall serve as legal adviser to the board and shall provide legal representation for the Hawaii employer-union health benefits trust fund.
Haw. Rev. Stat. § 84-31.3 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-31.3
Filing of false charges.
Status: in_force

(a) Any person who knowingly and intentionally files a false charge with the commission, or any member of the commission who initiates action against any state official, state employee, or any other person covered by this chapter, knowing such charge to be false, shall be guilty of the crime of perjury and subject to the penalty set forth in section 710-1060.

(b) Whoever is convicted in a court of competent jurisdiction of the crime of perjury under this section, in addition to any other punishment prescribed by law thereof, shall be required by court order to reimburse the person against whom the false charge was filed for all of the person's legal expenses and any other expenses incurred in relation to the person's defense against the false complaint.

(c) If such charge is filed within six months prior to an election in which the accused's name appears on the ballot, the person filing the false complaint shall pay to the accused the amount set out above plus an equal amount to the general fund of the State.

(d) This section shall not supersede or preclude any other right or remedy at law available to the person falsely accused. [L 1992, c 322, pt of §1]
Haw. Rev. Stat. § 88-335 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-335
Ordinary disability retirement allowance.
Status: in_force

(a) Upon retirement for ordinary disability, a class H member who became a member before July 1, 2012, shall receive a maximum retirement allowance equal to the higher of either:

(1) Two per cent of the average final compensation multiplied by the number of years of class H credited service unreduced for age, plus one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service unreduced for age; or

(2) Twenty-five per cent of the member's average final compensation.

(b) Upon retirement for ordinary disability, a class H member who becomes a member after June 30, 2012, shall receive a maximum retirement allowance equal to the higher of either:

(1) One and three-fourths per cent of the average final compensation multiplied by the number of years of class H credited service unreduced for age, plus one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service unreduced for age; or

(2) Twenty-five per cent of the member's average final compensation. [L 2004, c 179, pt of §1; am L 2005, c 58, §28; am L 2012, c 153, §3]
Haw. Rev. Stat. § 88-94 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-94
Withholding of income taxes.
Status: in_force

Pension, annuity, and retirement allowance payments from the system shall be subject to income tax withholding requirements as set forth by the federal government; payment of these taxes as withheld shall be the liability of the system. The board of trustees shall adopt rules to administer the purposes of this section.
Haw. Rev. Stat. § 76-1.5 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-1.5
[ §76-1.
Status: in_force

[ §76-1.5] Executive branch workforce demographic profile. (a) The director of human resources development shall compile a profile on the workforce of the executive branch of the State that shall include:

(1) Demographic data on the entire executive branch workforce covering both civil service employees hired through recruitment procedures based on merit and employees exempt from such procedures;

(2) Breakouts of the data required by paragraph (1) for the systems administered by the department of human resources development, the board of education, the University of Hawaii board of regents, and the Hawaii health systems corporation, respectively; and

(3) Information on the number of employees who are currently eligible for retirement and projected retirements for the succeeding five years.

(b) The director of human resources development shall submit an annual profile report to the legislature no later than twenty days prior to the convening of each regular session. [L 2012, c 16, §1]
Haw. Rev. Stat. § 88D-4 — HI Code / Division 1 / Title 7 / Chapter 88D / Section 88D-4
Administration of a special pay plan.
Status: in_force

(a) Each jurisdiction that establishes a special pay plan shall be responsible for the administration of the plan.

(b) Each jurisdiction, individually or jointly with other jurisdictions, may contract the services of a special pay plan provider to administer the respective jurisdiction or jurisdictions' special pay plan. Each jurisdiction may adopt rules in accordance with chapter 91, and federal and state law, to effectuate the administration of the special pay plan. [L 2003, c 109, pt of §2]
Haw. Rev. Stat. § 78-52 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-52
Peer support counseling; sessions.
Status: in_force

(a) Unless the context otherwise requires, for the purposes of this section:

"Emergency services personnel" means any employee of an emergency services provider who is engaged in providing firefighting, water safety, and emergency medical services.

"Emergency services provider" means any public employer that employs persons to provide firefighting, water safety, and emergency medical services.

"Employee assistance program" means a program established by a law enforcement agency or emergency services provider to provide counseling or support services to employees of the law enforcement agency or emergency services provider.

"Law enforcement agency" means any county police department, the department of law enforcement, and any state or county public body that employs law enforcement officers.

"Law enforcement officer" means a sheriff, deputy sheriff, police officer, parole officer, or probation officer.

"Peer support counseling sessions" includes critical incident stress management sessions.

(b) Any communication made by a participant or counselor in a peer support counseling session conducted by a law enforcement agency or by an emergency services provider for law enforcement officers or emergency services personnel, and any oral or written information conveyed in the peer support counseling session, is privileged and may not be disclosed by any person participating in the peer support counseling session.

(c) Any communication relating to a peer support counseling session made privileged under subsection (b), that is made between counselors, between counselors and the supervisors or staff of an employee assistance program, or between the supervisors or staff of an employee assistance program, is privileged and may not be disclosed.

(d) The provisions of this section apply only to peer support counseling sessions conducted by an employee or other person who:

(1) Has been designated by a law enforcement agency or emergency services provider, or by an employee assistance program, to act as a counselor; and

(2) Has received training in counseling and in providing emotional and moral support to law enforcement officers or emergency services personnel who have been involved in emotionally traumatic incidents by reason of their employment.

(e) This section applies to all oral communications, notes, records, and reports arising out of a peer support counseling session. Any notes, records, or reports arising out of a peer support counseling session are not public records for the purposes of chapter 92F.

(f) Any communication made by a participant or counselor in a peer support counseling session subject to this section, and any oral or written information conveyed in a peer support counseling session subject to this section, is not admissible in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. Communications and information made privileged under this section may not be disclosed by the participants in any judicial proceeding, administrative proceeding, arbitration proceeding, or other adjudicatory proceeding. The limitations on disclosure imposed by this subsection include disclosure during any discovery conducted as part of an adjudicatory proceeding.

(g) Nothing in this section limits the discovery or introduction in evidence of: knowledge acquired by any law enforcement officer or emergency services personnel from observation made during the course of employment; or material or information acquired during the course of employment that is otherwise subject to discovery or introduction into evidence.

(h) This section does not apply to:

(1) Any threat of suicide or homicide made by a participant in a peer support counseling session or any information conveyed in a peer support counseling session relating to a threat of suicide or homicide;

(2) Any information relating to abuse of spouses, children, or the elderly, or other information that is required to be reported by law; or

(3) Any admission of criminal conduct.

(i) This section does not prohibit any communication between counselors who conduct peer support counseling sessions or any communications between counselors and the supervisors or staff of an employee assistance program. [L 2003, c 25, §1; am L 2022, c 278, §17]
Haw. Rev. Stat. § 88-29 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-29
Officers, employees, legal adviser.
Status: in_force

The board shall elect from its membership a chairperson, and by a majority vote of all its members, shall appoint an executive director and a chief investment officer who shall be exempt from chapter 76 and serve under and at the pleasure of the board. Effective July 1, 2007, the salaries of the executive director and chief investment officer shall be set by the board. The board shall engage actuarial and other services as shall be required to transact the business of the system. The compensation for all services engaged by the board, and all other expenses of the board necessary for the operation of the system, shall be paid at rates and in amounts the board shall approve.

The attorney general or an appointed representative may serve as legal adviser to the board or the board may select its own legal counsel. [L 1925, c 55, §5(8), (11); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-66; HRS §88-29; am L 1969, c 110, pt of §1; am L 1990, c 142, §2; am L 1992, c 39, §1; am L 1999, c 167, §1; am L 2000, c 253, §150; am L 2003, c 118, §2; am L 2007, c 215, §3; am L 2013, c 23, §3]
Haw. Rev. Stat. § 88-27 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-27
Oath of trustees.
Status: in_force

Each trustee shall, within ten days after the trustee's appointment or election, take an oath of office that, so far as it devolves upon the trustee, the trustee will diligently and honestly administer the affairs of the board of trustees, and that the trustee will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the system. The oath shall be subscribed to by the member making it and certified by the officer before whom it is taken and shall be immediately filed in the office of the lieutenant governor.
Haw. Rev. Stat. § 84-43 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-43
Ethics training courses; live and online.
Status: in_force

(a) The state ethics commission shall establish, design, supervise, and conduct live and online ethics training courses for all persons required to complete training under section 84-42.

(b) The live ethics training course may be conducted in person or via videoconference and shall include:

(1) Explanations and discussions of the ethics laws, administrative rules, and relevant internal policies;

(2) Specific technical and legal requirements;

(3) The underlying purposes and principles of ethics laws;

(4) Examples of practical application of the laws and principles; and

(5) A question-and-answer participatory segment regarding common problems and situations.

The state ethics commission shall develop the methods and prepare any materials necessary to implement the live ethics training course.

(c) The online ethics training course shall include explanations, discussions, and examples of the practical application of ethics laws and principles as the state ethics commission deems appropriate. The state ethics commission shall develop the methods and prepare any materials necessary to implement the online ethics training course, which may include previously recorded ethics training courses originally conducted either in person or via videoconference and any other prerecorded material authorized by the state ethics commission.

(d) The state ethics commission shall:

(1) Design and administer the live ethics training courses;

(2) Designate those of its legal staff who are to conduct the live ethics training course;

(3) Notify each legislator or employee, either directly or via the employee's employing agency, that their attendance or participation in an applicable ethics training course is mandatory; provided that a legislator's or employee's non-receipt of notice shall not be a defense to a charge concerning a violation of this chapter; and

(4) Design and administer the online ethics training course.

(e) The state ethics commission may repeat the live course as necessary to accommodate all persons who are required to attend.

(f) Each state agency shall provide to the state ethics commission in a timely manner the names and electronic mail addresses of those persons required to take the applicable course and shall assist the commission by providing adequate meeting facilities, equipment, and technical support as needed for the ethics training courses. [L 2004, c 198, pt of §1; am L 2019, c 120, §5; am L 2022, c 165, §3]
Haw. Rev. Stat. § 88-83 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-83
Election of retirement allowance option.
Status: in_force

(a) Upon retirement, any member may elect to receive the maximum retirement allowance to which the member is entitled computed in accordance with section 88-74, 88-76, or 88-80, and in the event of the retirant's death, there shall be paid to the retirant's designated beneficiary, or otherwise to the retirant's estate the difference between:

(1) The balance of the member's accumulated contributions at the time of the member's retirement; and

(2) The retirement allowance and, if the retirant retired after November 30, 2004, the post retirement allowances paid or payable to the retirant prior to death.

In lieu of this maximum allowance, the member may elect to receive the member's retirement allowance under any one of the optional plans described below, which shall be actuarially equivalent to the maximum allowance.

Option 1: The member may elect to receive a lesser retirement allowance during the member's lifetime. At the member's retirement, there shall be established an amount of initial insurance that shall be computed on the basis of actuarial factors adopted by the board. Upon the death of the retirant, there shall be paid to the retirant's designated beneficiary, otherwise to the retirant's estate: any balance remaining in the initial insurance reserve, after deducting the retirement allowance and, if the retirant retired after November 30, 2004, the post retirement allowances paid to the retirant prior to death. In lieu of the lump sum balance, the beneficiary may, if the beneficiary is a natural person, elect to receive an allowance for life based on the value of the balance; provided that the allowance is not less than $100 per month. If the beneficiary of the retirant who:

(1) Retired after November 30, 2004, and

(2) Dies after June 30, 2007,

elects to receive the allowance in lieu of the lump sum balance, there shall also be payable to the beneficiary an additional allowance calculated and payable in the same manner as a post retirement allowance under section 88-90. The additional allowance shall be based on the original amount of the allowance in lieu of the lump sum balance, and shall commence on the first day of July following the calendar year in which payment of the allowance in lieu of the lump sum balance is effective.

Option 2: The member may elect to receive a lesser retirement allowance during the member's lifetime and have those allowances, including cumulative post retirement allowances, if applicable, continued after the member's death to the member's beneficiary designated at the time of the member's retirement, for the life of the beneficiary. If the beneficiary dies prior to the retirant, all further payments shall cease upon the death of the retirant; provided that for members retiring after November 30, 2004, if the retirant's designated beneficiary dies at any time after the retirant retired, but before the death of the retirant, the retirant, upon the death of the retirant's designated beneficiary, shall receive a retirement allowance, including cumulative post retirement allowances, calculated as if the retirant had selected the maximum retirement allowance to which the retirant is entitled. Only one beneficiary shall be designated under this option. The beneficiary designated under this option shall be a natural person, and benefits under this option shall only be paid to a natural person.

Option 3: The member may elect to receive a lesser retirement allowance during the member's lifetime and have one-half of the allowance, including fifty per cent of all cumulative post retirement allowances, if applicable, continued after the member's death to the member's beneficiary designated at the time of the member's retirement, for the life of the beneficiary. If the beneficiary dies prior to the retirant, all further payments shall cease upon the death of the retirant; provided that for members retiring after November 30, 2004, if the retirant's designated beneficiary dies at any time after the retirant retired, but before the death of the retirant, the retirant, upon the death of the retirant's designated beneficiary, shall receive a retirement allowance, including cumulative post retirement allowances, calculated as if the retirant had selected the maximum retirement allowance to which the retirant is entitled. Only one beneficiary shall be designated under this option. The beneficiary designated under this option shall be a natural person, and benefits under this option shall only be paid to a natural person.

Option 4: The member may elect to receive a lesser retirement allowance during the member's lifetime and provide some other benefit to the member's beneficiary in accordance with the member's own specification; provided that this election shall be certified by the actuary to be the actuarial equivalent of the member's retirement allowance and shall be approved by the board.

Option 5: The member may elect to receive the balance of the member's accumulated contributions at the time of retirement in a lump sum and, during the member's lifetime, a retirement allowance equal to the maximum retirement allowance reduced by the actuarial equivalent of these contributions. Upon the death of the retirant, all further payments shall cease. Only a member retiring from service having at least ten years of credited service or for disability may elect this retirement allowance option.

To receive benefits, the beneficiary must have been designated by the member in the form and manner prescribed by the board.

(b) In the event of the death of a member after the date of the filing of the member's written application to retire but prior to the retirement date designated by the member, and, if the member was eligible to retire on the date of the member's death, the member's designated beneficiary, or otherwise the personal representative of the member's estate, may elect to receive either the death benefit under section 88-84 or the allowance under the option selected by the member that would have been payable had the member retired. The effective date of the member's retirement shall be the first day of a month, except for the month of December when the effective date of retirement may be on the first or last day of the month, and shall be no earlier than the later of thirty days from the date the member's retirement application was filed or the day following the member's date of death. The election may not be made if, at the time of the member's death, there are individuals who are eligible to receive death benefits under section 88-85 who have made a claim for the benefits; provided that, if the designated beneficiary is an individual eligible to receive benefits under section 88-85, the designated beneficiary may receive benefits pursuant to an election made under this section pending disposition of the claim for benefits under section 88-85. If death benefits are payable under section 88-85, the death benefits shall be in lieu of any benefits payable pursuant to this section.

(c) No election by a member under this section shall take effect unless:

(1) The spouse or reciprocal beneficiary of the member is furnished written notification that:

(A) Specifies the retirement date, the benefit option selected, and the beneficiary designated by the member;

(B) Provides information indicating the effect of the election; and

(C) Is determined adequate by rules adopted by the board in accordance with chapter 91;

(2) The member selects option 2 or option 3 and designates the spouse or reciprocal beneficiary as the beneficiary; or

(3) It is established to the satisfaction of the board that the notice required under paragraph (1) cannot be provided because:

(A) There is no spouse or reciprocal beneficiary;

(B) The spouse or reciprocal beneficiary cannot be located;

(C) The member has failed to notify the system that the member has a spouse or reciprocal beneficiary, or has failed to provide the system with the name and address of the member's spouse or reciprocal beneficiary; or

(D) Of other reasons, as established by board rules adopted in accordance with chapter 91.

Any notice provided to a spouse or reciprocal beneficiary, or determination that the notification of a spouse or reciprocal beneficiary cannot be provided, shall be effective only with respect to that spouse or reciprocal beneficiary. The system will rely upon the representations made by a member as to whether the member has a spouse or reciprocal beneficiary and the name and address of the member's spouse or reciprocal beneficiary.

(d) Each member, within a reasonable period of time before the member's retirement date, shall be provided a written explanation of:

(1) The terms and conditions of the various benefit options;

(2) The rights of the member's spouse or reciprocal beneficiary under subsection (c) to be notified of the member's election of a benefit option; and

(3) The member's right to make, and the effect of, a revocation of an election of a benefit option.

(e) The system shall not be liable for any false statements made to the system by the member or by the member's employer.

(f) In the event of the death of the retirant within one year after the date of retirement, the retirant's designated beneficiary may elect to receive either the death benefit under the retirement allowance option selected by the retirant, or the benefit that would have been paid under section 88-84 had the retirant died immediately prior to retirement, less any payments received by the retirant; provided that the designated beneficiary may not elect to receive benefits under option 2 of this section if the retirant would not have been permitted by applicable law or by the rules of the board to name the designated beneficiary as beneficiary under option 2.

(g) The increase in the retirant's benefit under options 2, 3, and, if applicable, 4 upon the death of the retirant's designated beneficiary shall be effective the first day of the month following the date of death of the designated beneficiary. The retirant shall notify the system in writing and provide a certified copy of the beneficiary's death certificate. The system shall make retroactive benefit payments to the retirant, not to exceed six months from the date the written notification and the certified copy of the death certificate are received by the system. The retroactive payments shall be without interest.

(h) Upon a member's retirement:

(1) The member's election of a retirement allowance option shall be irrevocable; and

(2) The member's designation of a beneficiary shall be irrevocable if the retirement allowance option elected by the member is:

(A) Option 2 or 3;

(B) An option that includes option 2 or 3 in combination with some other form of benefit payment; or

(C) Any other option for which the actuarial equivalent of the option to the maximum retirement allowance is determined at the time of the member's retirement based in whole or in part on the age of the member's designated beneficiary.

(i) A claim under this section by a retirant's or member's beneficiary for benefits upon the death of a retirant or member shall be filed no later than three years from the date of the retirant's or member's death. [L 1925, c 55, §6(11); RL 1935, pt of §7925; RL 1945, §708, subs 11; am L 1951, c 127, §2; am L 1955, c 270, §3; RL 1955, §6-50; am L 1959, c 157, §1; am L 1963, c 127, §11; am L 1964, c 62, §§6, 8; am L 1965, c 222, §§6, 9; Supp, §6-42.5; HRS §§88-74, 75; am L 1969, c 110, pt of §1; am L 1972, c 22, §1; am L 1977, c 82, §1; am L 1982, c 115, §3; gen ch 1985; am L 1988, c 8, §1; am L 1998, c 151, §9; am L 2003, c 182, §1; am L 2004, c 179, §12; am L 2006, c 169, §13; am L 2007, c 215, §13]
Haw. Rev. Stat. § 87A-42 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-42
Other post-employment benefits trust.
Status: in_force

(a) Notwithstanding sections 87A-31 and 87A-31.5, the board, upon terms and conditions set by the board, shall establish and administer a separate trust fund for the purpose of receiving employer contributions that will prefund other post-employment health and other benefit plan costs for retirees and their beneficiaries. The separate trust fund shall meet the requirements of the Governmental Accounting Standards Board regarding other post-employment benefits trusts. The board shall establish and maintain a separate account for each public employer within the separate trust fund to accept and account for each public employer's contributions. Employer contributions to the separate trust fund shall be irrevocable, all assets of the fund shall be dedicated exclusively to providing health and other benefits to retirees and their beneficiaries, and assets of the fund shall not be subject to appropriation for any other purpose and shall not be subject to claims by creditors of the employers or the board or plan administrator. The board's powers under section 87A-24 shall also apply to the fund established pursuant to this section.

(b) Public employer contributions shall be paid into the fund in each fiscal year, and commencing with the 2018-2019 fiscal year, the amount of the annual public employer contribution shall be equal to the amount of the annual required contribution, as determined by an actuary retained by the board.

(c) In any fiscal year subsequent to the 2017-2018 fiscal year in which the state public employer's contributions into the fund are less than the amount of the annual required contribution, the amount that represents the excess of the annual required contribution over the state public employer's contributions shall be deposited into the appropriate account of the separate trust fund from a portion of all general excise tax revenues collected by the department of taxation under section 237-31.

If any general excise tax revenues are deposited into the separate trust fund in any fiscal year as a result of this subsection, the director of finance shall notify the legislature and governor whether the general fund expenditure ceiling for that fiscal year would have been exceeded if those revenues had been legislatively appropriated instead of deposited without appropriation into the trust fund. The notification shall be submitted within thirty days following the end of the applicable fiscal year.

(d) In any fiscal year subsequent to fiscal year 2017-2018 in which a public employer's contributions into the fund are less than the amount of the annual required contribution, the public employer's contributions shall be deposited into the fund from portions of any other revenues collected on behalf of the public employer or held by the State. The director of finance shall deduct the amount necessary to meet the public employer's annual required contribution from any revenues collected on behalf of the public employer held by the State, except the tax revenues deposited into the mass transit special fund pursuant to section 237D-2(e)(1), and transfer the amount to the board for deposit into the appropriate account of the separate trust fund.

(e) For the purposes of this section, "annual required contribution" means a public employer's required contribution to the trust fund established in this section that is sufficient to cover:

(1) The normal cost, which is the cost of other post-employment benefits attributable to the current year of service; and

(2) An amortization payment, which is a catch-up payment for past service costs to fund the unfunded actuarial accrued liability over the next thirty years. If the State issues general obligation bonds to pay or prepay all or any portion of the State's unfunded actuarial accrued liability and contributes the proceeds to the trust fund, the outstanding balance of the general obligation bonds shall be considered part of the State's unfunded actuarial accrued liability for the purpose of determining the preliminary annual required contribution. The annual required contribution would be the greater of:

(A) The preliminary annual required contribution less the related general obligation bond payment; or

(B) The amount calculated under this paragraph without any special consideration given to the outstanding balance of the general obligation bonds or any related general obligation bond payments. [L 2012, c 304, §1; am L 2013, c 268, §8; am L 2015, c 121, §4; am L 2020, c 70, §2; am L 2021, c 229, §§3, 9; am L Sp 2021, c l, §8; am L 2022, c 247, §2]
Haw. Rev. Stat. § 88-76 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-76
Allowance on ordinary disability retirement.
Status: in_force

Upon retirement for ordinary disability, a member shall receive a maximum retirement allowance of one and three-fourths per cent of the member's average final compensation for each year of credited service; except that for each year of credited service as a judge, an elective officer, or a legislative officer, the member shall receive a maximum retirement allowance computed as provided in section 88-74(c), (d), (g), or (h), as applicable. The minimum retirement allowance payable under this section shall be thirty per cent of the member's average final compensation.
Haw. Rev. Stat. § 88-106.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-106.5
Compromise and settlement.
Status: in_force

The board may compromise or settle any claim for benefits under this chapter; provided that, if the compromise or settlement would result in a person receiving benefits that the person would not otherwise, as a matter of law, be entitled to receive, the compromise or settlement shall be subject to the approval of the attorney general and may be made only if:

(1) The settlement or compromise relates to or arises out of a representation made to a member concerning the member's eligibility for benefits under this chapter;

(2) The representation:

(A) Was made in writing by an employee of the system with authority to make representations on behalf of the system as to amounts of and eligibility for benefits under this chapter; and

(B) Was erroneous as to the amount or class of credited service to which the member was entitled;

(3) The member, in good faith and reasonable reliance on the representation, retired or terminated the member's status as an employee or the member's membership in the system; and

(4) The settlement or compromise will prevent manifest injustice. [L 2005, c 57, §1]
Haw. Rev. Stat. § 88-334 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-334
Ordinary disability retirement.
Status: in_force

(a) Under rules the board of trustees may adopt, upon application of a class H member in service or on leave without pay, or the person appointed by the family court as guardian of an incapacitated member, any member who has ten or more years of credited service shall be retired by the system on an ordinary disability retirement allowance if the medical board or other entity designated by the board of trustees, after a medical examination of the member, certifies that:

(1) The member is mentally or physically incapacitated for the further performance of duty at the time of application;

(2) The incapacity is likely to be permanent; and

(3) The member should be retired.

(b) Upon approval by the system, the member shall be eligible to receive an ordinary disability retirement benefit no earlier than thirty days from the date the application was filed or the date the member terminated service, whichever is later. Retirement shall be effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed. A member whose application for an ordinary disability retirement allowance is approved by the system while the member is still in service may terminate service and retire at any time following the approval; provided that retirement shall become effective on the first day of the month following the month the applicant terminates employment or goes off the payroll, except for the month of December when retirement on the first or last day of the month shall be allowed. [L 2004, c 179, pt of §1; am L 2007, c 215, §24; am L 2009, c 121, §7; am L 2017, c 17, §9]
Haw. Rev. Stat. § 87A-18 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-18
Long-term care benefits plan; carrier or third-party administrator.
Status: in_force

(a) The board may establish a long-term care benefits plan or plans for employee-beneficiaries; the spouses, parents, grandparents, in-law parents, and in-law grandparents of employee-beneficiaries; and qualified-beneficiaries. The plan or plans shall be at no cost to employers and shall comply with article 10H of chapter 431.

(b) Notwithstanding any other law to the contrary, long-term care benefits shall be available only to:

(1) Employee-beneficiaries and their spouses, parents, and grandparents;

(2) Employee-beneficiary in-law parents and grandparents; and

(3) Qualified-beneficiaries who enroll between the ages of twenty and eighty-five,

who comply with the plan's age, enrollment, medical underwriting, and contribution requirements.

(c) The board may contract with a carrier to provide fully insured benefits or with a third-party administrator to administer self-insured benefits. [L 2001, c 88, pt of §1; am L 2004, c 216, §14]
Haw. Rev. Stat. § 88-93 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-93
Named beneficiaries by members and by former employees; effect of marriage, entry into reciprocal beneficiary relationship, divorce, termination of re
Status: in_force

(a) All written designations of beneficiaries for members and for former employees shall become null and void when:

(1) The beneficiary predeceases the member or former employee;

(2) The member or former employee is divorced from the beneficiary;

(3) The member or former employee is unmarried, and subsequently marries; or

(4) The member or former employee enters into or terminates a reciprocal beneficiary relationship.

Any of the above events shall operate as a complete revocation of the designation and, except as provided in sections 88-84(b) and 88-338(b) all benefits payable by reason of the death of the member or former employee shall be payable to the member's or former employee's estate unless, after the death, divorce or marriage, or entry into or termination of reciprocal beneficiary relationship, the member or former employee makes other provision in a written designation duly executed and filed with the board.

(b) Subsection (a) shall not apply to active members who are former retirants who have returned to service. The beneficiaries of retirants who return to service may not be changed except to the extent provided under the retirement allowance option selected by the former retirant when the former retirant first retired. [L 1951, c 156, §1; am L 1955, c 12, §1; RL 1955, §6-54; HRS §88-84; am L 1969, c 110, pt of §1; gen ch 1985; am L 1997, c 383, §30; am L 2006, c 169, §17; am L 2007, c 215, §16]
Haw. Rev. Stat. § 88-135 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-135
Ordinary disability retirement benefit.
Status: in_force

If a service member terminates the service member's service in the armed forces and complies with and fulfills the requirements of sections 88-75, 88-284, or 88-334, as applicable, including and taking into consideration the service credit preserved and allowed to the service member under the Servicemen's Act, the service member shall be entitled to the ordinary disability retirement benefit prescribed in the applicable section, computed as provided in sections 88-76, 88-284, or 88-335, including and taking into consideration the service credit preserved and allowed to the service member under the Servicemen's Act.
Haw. Rev. Stat. § 84-13.2 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-13.2
[ §84-13.
Status: in_force

[ §84-13.2] Nepotism; prohibition. (a) No employee shall:

(1) Appoint, hire, promote, or retain a relative or household member to, or demote, discharge, or terminate a relative or household member from; or

(2) Participate in an interview or discussion regarding the appointment, hiring, promotion, or retention of a relative or household member to, or the demotion, discharge, or termination of a relative or household member from,

a paid position in the employee's employing agency; provided that this subsection shall not prohibit an employee from performing ministerial acts that may impact the relative or household member if those acts are a part of the normal job functions of the employee.

(b) No employee shall supervise a relative or household member unless the employee :

(1) Has a physical impairment requiring the employment of a particular relative or household member; provided that the employee discloses the prospective employment to the state ethics commission before the appointment or hire is made; or

(2) Disqualifies oneself from taking any official action directly affecting the relative or household member.

(c) No employee shall award a contract to or otherwise take official action on a contract with a business if the employee knows or reasonably should know that the employee's relative or household member is an executive officer of or holds a substantial ownership interest in that business.

(d) Notwithstanding the prohibitions in this section, if an employee who is a supervisor or executive director is unable to waive or disengage from completing their official duties or from taking official action and is legally required to take action that directly impacts a relative or household member receiving an award or other official action on a contract described in subsection (c), the employee shall not be in violation of this section if the employee:

(1) Has complied with the disclosure requirements of section 84-17; and

(2) Posts a notice of intent to award the contract and files a copy of the notice with the state ethics commission at least five days before awarding the contract. If the posting and filing of the award in advance is otherwise prohibited by law, notice shall be posted and filed as soon as practicable. Every notice of intent shall describe the employee's relationship with the relative or household member, the relative or household member's relationship with the entity receiving the contract, action taken and to be taken affecting the relative or household member's business, and the dollar value of the contract.

(e) Upon application, the state ethics commission may grant an exception to an employee or agency that is unable to comply with this section for good cause, including a demonstrated lack of qualified personnel or applicants.

(f) Any employee who knowingly violates this section shall be subject to the administrative fines set forth in section 84-39. Any favorable action obtained by a relative or household member of an employee in violation of this section shall be voidable in accordance with sections 84-16 and 84-19.

(g) This section shall not affect the applicability of section 84-13 or 84-14.

(h) This section shall not prohibit a state agency from appointing, hiring, promoting, retaining, demoting, discharging, or terminating a relative or household member of an employee employed by the agency.

(i) Notwithstanding sections 84-2 and 84-3, this section shall not apply to employees or agencies of the legislative or judicial branch of the State.

(j) For purposes of this section:

"Household member" means an individual who resides in the same dwelling unit as the employee.

"Relative" means the employee's parent, grandparent, stepparent, child, grandchild, stepchild, foster child, adopted child, sibling, half-sibling, stepsibling, parent's sibling, first cousin, sibling's child, spouse, spouse's parent, child-in-law, or sibling-in-law, or any individual who has become a member of the employee's immediate family through the Hawaiian hanai custom. [L 2023, c 261, §1]
Haw. Rev. Stat. § 89-6 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-6
Appropriate bargaining units.
Status: in_force

(a) All employees throughout the State within any of the following categories shall constitute an appropriate bargaining unit:

(1) Nonsupervisory employees in blue collar positions;

(2) Supervisory employees in blue collar positions;

(3) Nonsupervisory employees in white collar positions;

(4) Supervisory employees in white collar positions;

(5) Teachers and other personnel of the department of education under the same pay schedule, including part-time employees working less than twenty hours a week who are equal to one-half of a full-time equivalent;

(6) Educational officers and other personnel of the department of education under the same pay schedule;

(7) Faculty of the University of Hawaii and the community college system;

(8) Personnel of the University of Hawaii and the community college system, other than faculty;

(9) Registered professional nurses;

(10) Institutional, health, and correctional workers;

(11) Firefighters;

(12) Police officers;

(13) Professional and scientific employees, who cannot be included in any of the other bargaining units;

(14) State law enforcement officers; and

(15) State and county ocean safety and water safety officers.

(b) Because of the nature of work involved and the essentiality of certain occupations that require specialized training, supervisory employees who are eligible for inclusion in units (9) through (15) shall be included in units (9) through (15), respectively, instead of unit (2) or (4).

(c) The classification systems of each jurisdiction shall be the bases for differentiating blue collar from white collar employees, professional from institutional, health and correctional workers, supervisory from nonsupervisory employees, teachers from educational officers, and faculty from nonfaculty. In differentiating supervisory from nonsupervisory employees, class titles alone shall not be the basis for determination. The nature of the work, including whether a major portion of the working time of a supervisory employee is spent as part of a crew or team with nonsupervisory employees, shall be considered also.

(d) For the purpose of negotiating a collective bargaining agreement, the public employer of an appropriate bargaining unit shall mean the governor together with the following employers:

(1) For bargaining units (1), (2), (3), (4), (9), (10), (13), (14), and (15), the governor shall have six votes and the mayors, the chief justice, and the Hawaii health systems corporation board shall each have one vote if they have employees in the particular bargaining unit;

(2) For bargaining units (11) and (12), the governor shall have four votes and the mayors shall each have one vote;

(3) For bargaining units (5) and (6), the governor shall have three votes, the board of education shall have two votes, and the superintendent of education shall have one vote; and

(4) For bargaining units (7) and (8), the governor shall have three votes, the board of regents of the University of Hawaii shall have two votes, and the president of the University of Hawaii shall have one vote.

Any decision to be reached by the applicable employer group shall be on the basis of simple majority, except when a bargaining unit includes county employees from more than one county. In that case, the simple majority shall include at least one county.

(e) In addition to a collective bargaining agreement under subsection (d), each employer may negotiate, independently of one another, supplemental agreements that apply to their respective employees; provided that any supplemental agreement reached between the employer and the exclusive representative shall not extend beyond the term of the applicable collective bargaining agreement and shall not require ratification by employees in the bargaining unit.

(f) The following individuals shall not be included in any appropriate bargaining unit or be entitled to coverage under this chapter:

(1) Elected or appointed official;

(2) Member of any board or commission; provided that nothing in this paragraph shall prohibit a member of a collective bargaining unit from serving on a governing board of a charter school, on the state public charter school commission, or as a charter school authorizer established under chapter 302D;

(3) Top-level managerial and administrative personnel, including the department head, deputy or assistant to a department head, administrative officer, director, or chief of a state or county agency or major division, and legal counsel;

(4) Secretary to top-level managerial and administrative personnel under paragraph (3);

(5) Individual concerned with confidential matters affecting employee-employer relations;

(6) Part-time employee working less than twenty hours per week, except part-time employees included in unit (5);

(7) Temporary employee of three months' duration or less;

(8) Employee of the executive office of the governor or a household employee at Washington Place;

(9) Employee of the executive office of the lieutenant governor;

(10) Employee of the executive office of the mayor;

(11) Staff of the legislative branch of the State;

(12) Staff of the legislative branches of the counties, except employees of the clerks' offices of the counties;

(13) Any commissioned and enlisted personnel of the Hawaii national guard;

(14) Inmate, kokua, patient, ward, or student of a state institution;

(15) Student help;

(16) Staff of the Hawaii labor relations board;

(17) Employees of the Hawaii national guard youth challenge academy; or

(18) Employees of the office of elections.

(g) Where any controversy arises under this section, the board shall, pursuant to chapter 91, make an investigation and, after a hearing upon due notice, make a final determination on the applicability of this section to specific individuals, employees, or positions. [L 1970, c 171, pt of §2; am L 1973, c 36, §1; am L 1975, c 162, §1; am L 1976, c 13, §1; am L 1977, c 191, §1; am L 1987, c 184, §1 and c 311, §1; am L 1988, c 394, §1 and c 399, §2; gen ch 1993; am L 1996, c 89, §5; am L 2000, c 253, §96; am L 2002, c 65, §4; am L 2005, c 202, §3 and c 245, §§5, 8; am L 2006, c 38, §32 and c 298, §§7, 25; am L 2007, c 115, §§3, 16 and c 294, §2; am L 2008, c 16, §18; am L Sp 2008, c 5, §1; am L 2010, c 106, §2; am L 2012, c 130, §5; am L 2013, c 137, §2; am L 2020, c 31, §1]
Haw. Rev. Stat. § 88E-6 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-6
Compensation and expenses.
Status: in_force

Each trustee shall serve without compensation but shall be reimbursed from the fund for any necessary expense incurred in the performance of the trustee's duties. [L Sp 1981 1st, c 7, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 87A-40 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-40
Employee-beneficiary contributions; health benefit plans.
Status: in_force

(a) Each employee-beneficiary shall make a monthly contribution to the fund amounting to the difference between the monthly charge of the health benefits plan selected by the employee-beneficiary and the contribution made by the State or county for the employee-beneficiary to the fund. Nothing in this section shall prohibit any employee-beneficiary from participating in a cafeteria plan authorized under Title 26 United States Code section 125, Internal Revenue Code of 1986, as amended, and section 78-30.

(b) Except as provided in subsection (c), during the period the health benefits plan selected by an employee-beneficiary is in effect, the employee-beneficiary, if allowed by law, shall authorize the employee-beneficiary's contribution to be withheld and transmitted to the fund monthly by the comptroller, employees' retirement system, or finance officer who disburses the employee-beneficiary's compensation, pension, or retirement pay. If an employee-beneficiary's contribution to the fund is not withheld and transmitted to the fund, the employee-beneficiary shall pay the monthly contribution directly to the fund by the first day of each month.

(c) Each employee-beneficiary who retires after June 30, 2020, and each surviving spouse or surviving child who enrolls in a health plan offered by the fund as an employee-beneficiary after June 30, 2020, shall authorize their contribution to the fund to be electronically withheld or deducted and transmitted to the fund monthly by the employees' retirement system or the financial institution of the retirant or retirant's surviving beneficiary. This method may be waived by the fund if another method is determined to be more appropriate. If the contribution by the retirant or the retirant's surviving beneficiary is not electronically withheld, deducted, or transmitted to the fund, the retirant or the retirant's surviving beneficiary shall pay their monthly contribution directly to the fund by the first day of each month.

(d) Notwithstanding subsection (a), an employee-beneficiary's monthly contribution to the fund shall include the amount that would have been the employee-beneficiary's contribution if the employee-beneficiary had not elected to participate in the cafeteria plan. [L 2001, c 88, pt of §1; am L 2020, c 62, §2]
Haw. Rev. Stat. § 76-50 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-50
Compensation and expenses of a merit appeals board.
Status: in_force

Each member of a merit appeals board shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.
Haw. Rev. Stat. § 78-9 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-9
Failure to appear or testify, termination of employment.
Status: in_force

If any person subject to sections 78-8 to 78-11, after lawful notice or process, wilfully refuses or fails to appear before any court or judge, any legislative committee, or any officer, board, or commission, or having appeared refuses to testify or to answer any question regarding (1) the government, property or affairs of the State or of any political subdivision thereof, or (2) the person's qualifications for public office or employment, or (3) the qualifications of any officer or employee of the State or any political subdivision thereof, on the ground that the person's answer would tend to incriminate the person, or refuses to testify or to answer any such question without right, the person's term or tenure of office or employment shall terminate and the office or employment shall be vacant, and the person shall not be eligible to election or appointment to any office or employment under the State or any political subdivision thereof. To the extent that the State is without authority to require, under the constitution or laws of the United States, compliance by any public officer or public employee herewith, sections 78-8 to 78-11 shall not apply to the officer or employee, but the sections shall apply to the extent that they or any part thereof can lawfully be made applicable.
Haw. Rev. Stat. § 90-3 — HI Code / Division 1 / Title 7 / Chapter 90 / Section 90-3
Rights, responsibilities, and expectations in volunteer relationships.
Status: in_force

(a) Every person regardless of his present economic condition, race, color, ancestry, political affiliation, religious affiliation, sex, age, physical or mental handicap, or marital status has the right to volunteer his services to an agency. An agency has the right to decline any voluntary offer of services, or if accepted, to release subsequently the volunteer who is no longer needed or who is found to be unacceptable.

(b) A volunteer providing services to an agency may expect:

(1) That he will be assigned a job that is worthwhile and challenging, and which permits him the freedom to use existing skills or develop new ones.

(2) That he will be trusted with information that will help him carry out the assignment.

(3) That he will be kept informed about what is going on in the specific volunteer areas.

(4) That he will be provided orientation, training, and supervision for the job he accepts so he will know why he is being asked to do a particular task.

(5) That his time will not be wasted by lack of planning, coordination, and cooperation within the organization.

(6) That he will receive feedback as to whether his work is effective and how it can be improved.

(7) That he will be reimbursed for out-of-pocket costs if it is the only way he can volunteer.

(8) That he will receive letters of recommendation and reference from his supervisor upon request.

(9) That he will be given appropriate recognition for his volunteer services.

(10) That he will be provided a designated supervisor.

(c) A volunteer providing services to an agency has the responsibility to:

(1) Accept assignments given to him.

(2) Fulfill his commitment or notify the designated person of his change of plans.

(3) Follow guidelines and policies established by the agency.

(4) Respect the values and beliefs of others.

(5) Use time wisely and not interfere with the job performance of others.

(6) Provide feedback, suggestions, and recommendations to his supervisor regarding the program.

(7) Be considerate, respect competencies, and work as a member of a team with staff and other volunteers.

(d) The agency utilizing the services of volunteers may expect:

(1) That the volunteer will fulfill his assignment as agreed upon or will notify staff sufficiently in advance if he cannot complete it.

(2) That the volunteer will not go beyond his competencies and authority.

(3) That the volunteer will submit feedback, suggestions, and recommendations about the program to his supervisor.

(4) That the volunteer will maintain confidentiality and will respect and treat the recipients of volunteer services with dignity.

(e) The agency utilizing the services of volunteers has the responsibility to:

(1) Use volunteers to extend services without displacing paid employees.

(2) Provide each volunteer with a designated supervisor.

(3) Provide staff orientation and training in the use and supervision of volunteers.

(4) Define volunteer jobs that are meaningful to the volunteer and commensurate with his abilities.

(5) Be alert to assignments for handicapped or disabled volunteers.

(6) Make it possible for a volunteer to serve on a trial or probationary basis for a specified period.

(7) Provide orientation and training to improve the volunteer's skills.

(8) Provide volunteers with clear instructions and an adequate work space.

(9) Accept the volunteer as part of the team, including him in training and staff meetings that pertain to his work.

(10) Establish and communicate clearly defined lines of supervision so that the volunteer knows to whom he is responsible.

(11) Provide appropriate recognition and appreciation to the volunteer.

(12) Provide written guidelines governing the recruitment, screening, utilization, and supervision of volunteers.

(13) Recognize an applicant's prior volunteer service in evaluating fulfillment of training and experience requirements for state employment pursuant to rules adopted by the department of human resources development, the judiciary, and the board of regents of the University of Hawaii.

(14) Provide funds for volunteer benefits as specified in section 90-4.

(15) Provide recognition of paid staff for support and supervision of volunteers. [L 1978, c 10, pt of §2; am L 1994, c 56, §21]
Haw. Rev. Stat. § 88-45.4 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-45.4
Contributions for unpaid leaves of absence.
Status: in_force

Contributions required as a condition to inclusion in membership service of unpaid leaves of absence shall be made by the member within one year after return from the leave of absence.

Revision Note

Section was enacted as an addition to subpart A but was codified to this subpart pursuant to §23G-15.
Haw. Rev. Stat. § 88-216 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-216
Collection of contributions.
Status: in_force

The contribution imposed by section 88-215 shall be collected by deducting the amount of the contribution from wages as and when paid. Failure to make the deduction shall not relieve the employee from liability for the contribution.
Haw. Rev. Stat. § 78-16.5 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-16.5
Pay of officers and employees on active military service and other periods.
Status: in_force

(a) All officers and employees of the State and the several counties who are appointed for at least six months of service shall be entitled, while on active duty, inactive-duty training, or during periods of camps of instruction or field maneuvers as members of the national guard or reserve of the armed forces under call of the President of the United States or the governor of the State, to receive pay as provided by law. During the absence of the officer or employee, while in the performance of ordered military or naval duty, including inactive-duty training, as a member of the national guard or reserve of the armed forces, the officer or employee shall receive the officer's or employee's salary or compensation as an officer or employee, but only for a period not exceeding fifteen working days in any calendar year.

(b) Notwithstanding subsection (a), if the officer or employee is called to active duty or otherwise required to report for camp training or field maneuvers by official military orders a second time within a calendar year, the officer or employee may elect to use the fifteen working days of the succeeding calendar year to which the officer or employee is entitled for such purposes within the current calendar year; provided that the officer's or employee's entitlement to fifteen working days under this section for the succeeding calendar year shall be canceled and the officer or employee shall so agree in writing. [L 2003, c 109, pt of §5; am L 2016, c 201, §2]
Haw. Rev. Stat. § 88-108 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-108
Cash for meeting disbursements.
Status: in_force

For the purpose of meeting disbursements for retirement allowances, pensions, annuities and other payments, there may be kept available cash, not exceeding ten per cent of the total amount in the several funds of the system, on deposit in any one or more banks or trust companies of the State, organized under the laws thereof or of the United States. The sum on deposit in any one bank or trust company shall not exceed twenty-five per cent of the paid up capital and surplus of the bank or trust company.
Haw. Rev. Stat. § 88-16 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-16
Bonus; appropriation.
Status: in_force

Sufficient funds shall be appropriated to the employees' retirement system from the general revenues of the State not otherwise appropriated, to pay the bonus to all pensioners under the system except those pensioners who are retired employees of the respective counties. Sufficient funds shall be appropriated to the state department or agency hereby affected from the general revenues of the State not otherwise appropriated, to pay the bonus to those state pensioners not under the system. The council of each county, and each independent board or commission affected shall appropriate the funds to pay the bonus to pensioners whose pensions are payable by their respective counties, boards, and commissions as well as to pensioners of the employees' retirement system who are retired employees of their respective counties.
Haw. Rev. Stat. § 87A-25 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-25
Other duties.
Status: in_force

The board shall:

(1) Authorize charges and payments from the fund only upon vouchers countersigned by the chairperson and any other person designated by the board;

(2) Maintain accurate records and accounts of all financial transactions of the fund that shall be audited annually and summarized in an annual report to the governor and legislature;

(3) Maintain suitable and adequate records and provide information requested by State and county employers as necessary to carry out the purpose of the fund;

(4) Procure fiduciary liability insurance and error and omissions coverage for all trustees; and

(5) Procure a fidelity bond of a reasonable amount for the chairperson and any other person authorized to handle fund moneys. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 78-3.5 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-3.5
Experimental modernization projects.
Status: in_force

(a) It is the intent of this section to encourage and facilitate improvements in the human resource programs of the several jurisdictions. With the approval of the chief executive, the director may conduct experimental modernization projects to determine whether specific changes in its human resource program would result in a more desirable program for the jurisdiction.

(b) Prior to the implementation of any experimental modernization project, the director shall:

(1) Develop a plan identifying the purposes of the project, the methodology to be used, the duration of the project, the criteria for evaluation of the project, and the cost of the project, if any;

(2) Consult with the employees who would be involved in the conduct of the project; and

(3) Negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement is necessary to conduct the project.

(c) While the project is in progress, it shall not be limited by state or local personnel laws and rules, but shall be in compliance with all equal employment opportunity laws and laws prohibiting discrimination. [L 2000, c 253, pt of §74]
Haw. Rev. Stat. § 76-30 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-30
Tenure; resignations.
Status: in_force

(a) Every member of the civil service shall be entitled to hold the member's position for the duration of the member's appointment as provided in section 76-27. Resignations shall be in writing in accordance with rules.

(b) If an employee resigns without submitting the employee's resignation in writing, if an employee does not report to work for fifteen days without notifying the appointing authority of the employee's employment intentions, if the resignation is submitted while an investigation was pending against the employee, or if the resignation is not accepted for reasons allowed by rules, the appointing authority shall, within fifteen days following the last day the employee reported to work, file with the director a statement showing either resignation or termination of employment, as appropriate under the circumstances.

(c) If the employee does not report for work without authorization, but, within fifteen days following the last day the employee reported for work, expresses a desire to continue employment, the employee shall not be deemed to have resigned. The appointing authority may take appropriate disciplinary action, including discharge, in consideration of the reasons for the employee's absence.

(d) Actions taken by the appointing authority under this section shall, if grieved, be filed pursuant to the departmental complaint procedure and the merit appeals board for employees excluded from coverage under chapter 89, as applicable.

(e) Whenever there are provisions in a collective bargaining agreement that conflict with this section, the terms of the agreement shall prevail. Actions taken by the appointing authority shall, if grieved, be filed pursuant to the contractual grievance procedure. [L 1955, c 274, pt of §1; RL 1955, §3-21(k); am L Sp 1959 2d, c 1, §11; HRS §76-30; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §22]
Haw. Rev. Stat. § 88-42.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-42.5
Membership of employees holding more than one position, appointment, or office.
Status: in_force

(a) The membership of any employee holding more than one full-time position, appointment, office, or any combination thereof shall be limited to the position, appointment, or office of the employee's option; provided that the employment in the position, appointment, or office shall meet the minimum membership eligibility requirements as provided in this part. Any contributions made based on the compensation, pay, or salary of the employee's position, appointment, or office other than that on which the employee's membership is based shall be returned to the employee.

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

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

Notwithstanding any other law to the contrary, with respect to any existing or former faculty member, lecturer, or administrative, professional, or technical employee of the University of Hawaii who 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 as eligible for membership in the system, the system shall not adjust its records for, or reduce the benefits of, such faculty member, lecturer, or administrative, professional, or technical employee by reason of the failure of such faculty member, lecturer, or administrative, professional, or technical employee to meet the system membership eligibility requirements without the aggregation of multiple part-time appointments or positions. [L 1982, c 165, §2(10); am L 2003, c 119, §2]
Haw. Rev. Stat. § 89-16.6 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-16.6
Disclosure to an exclusive representative.
Status: in_force

(a) The appropriate government agencies shall, upon written request, disclose to an exclusive representative information relating to employees within their respective bargaining unit as follows: name; mailing address; physical worksite address; date of change of physical worksite address; organizational structure, including name and codes for department, division, branch, section, and unit, or equivalent, as applicable; worksite telephone number; job title; job description; position number; employee identification number; appointment type; civil service status; social security number; bargaining unit; date of change in bargaining unit status of the employee; full-time equivalence of the employee; the employee's leave without pay status with effective dates and duration; basic rate of pay; types and effective dates of personnel actions that affect the amount and payment of the basic rate of pay; salary scale and range or equivalent; salary step or equivalent; amounts and dates of differential pay; amounts and dates of dues deductions; and amounts and dates of other authorized voluntary payroll deductions remitted to the exclusive representative; except that this provision shall not apply to information regarding present or former employees involved in an undercover capacity in a law enforcement agency.

(b) Information disclosed to the exclusive representative under this section shall be provided within a reasonable time after receipt of the written request.

(c) Information regarding new hire employees under this section shall be provided to the appropriate exclusive representatives within two payroll periods.

(d) An exclusive representative receiving government records pursuant to this section shall be subject to the same restrictions on disclosure of the records as the originating agency.

(e) Information disclosed pursuant to this section shall be provided in a form conducive to electronic data processing; provided the employer possesses appropriate data processing capability. [L 1990, c 250, §1; am L 1991, c 152, §1; am L 2019, c 196, §1]
Haw. Rev. Stat. § 87A-11 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-11
Quorum; board actions; voting.
Status: in_force

(a) Six trustees, three of whom represent the public employer and three of whom represent employee-beneficiaries, shall constitute a quorum for the transaction of business.

(b) Trustees representing the public employers shall collectively have one vote. Trustees representing the employee-beneficiaries shall collectively have one vote.

For any vote of the trustees representing the public employers to be valid, three of these trustees must concur to cast such a vote. In the absence of such concurrence, the trustees representing the public employers shall be deemed to have abstained from voting.

For any vote of the trustees representing the employee-beneficiaries to be valid, three of these trustees must concur to cast such a vote. In the absence of such concurrence, the trustees representing the employee-beneficiaries shall be deemed to have abstained from voting.

An abstention shall not be counted as either a vote in favor or against a matter before the board.

(c) Any action taken by the board shall be by the concurrence of at least two votes. In the event of a tie vote on any motion, the motion shall fail. Upon the concurrence of six trustees, the board shall participate in dispute resolution. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 89-10.8 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-10.8
Resolution of disputes; grievances.
Status: in_force

(a) A public employer shall enter into written agreement with the exclusive representative setting forth a grievance procedure culminating in a final and binding decision, to be invoked in the event of any dispute concerning the interpretation or application of a written agreement. The grievance procedure shall be valid and enforceable and shall be consistent with the following:

(1) A dispute over the terms of an initial or renewed agreement shall not constitute a grievance;

(2) No employee in a position exempted from chapter 76, who serves at the pleasure of the appointing authority, shall be allowed to grieve a suspension or discharge unless the collective bargaining agreement specifically provides otherwise; and

(3) With respect to any adverse action resulting from an employee's failure to meet performance requirements of the employee's position, the grievance procedure shall provide that the final and binding decision shall be made by a performance judge as provided in this section.

(b) The performance judge shall be a neutral third party selected from a list of persons whom the parties have mutually agreed are eligible to serve as a performance judge for the duration of the collective bargaining agreement. The parties, by mutual agreement, may modify the performance judge list at any time and shall determine a process for selection from the list.

(c) The performance judge shall use the conditions in section 76-41(b) as tests in reaching a decision on whether the employer's action, based on a failure by the employee to meet the performance requirements of the employee's position, was with or without merit.

(d) If it is alleged that the adverse action was not due to a failure to meet performance requirements but for disciplinary reasons without just and proper cause, the performance judge shall first proceed with a determination on the merits of the employer's action under subsection (c). If the performance judge determines that the adverse action may be based on reasons other than a failure to meet performance requirements, the performance judge shall then determine, based on appropriate standards of review, whether the disciplinary action was with or without proper cause and render a final and binding decision. [L 2000, c 253, §91]
Haw. Rev. Stat. § 90D-3 — HI Code / Division 1 / Title 7 / Chapter 90D / Section 90D-3
Commission; membership; vacancies.
Status: in_force

(a) Members of the commission shall be appointed by the governor on a bipartisan basis subject to section 26-34. The commission shall consist of not fewer than fifteen and not more than twenty-five members. Not more than fifty per cent of the commission plus one member may be from the same political party. To the extent possible, the commission shall be balanced according to race, ethnicity, age, disability, and gender characteristics. All appointments shall be for three-year terms. Members shall not serve more than two consecutive terms. The commission shall include:

(1) An individual with expertise in the educational, training, and developmental needs of youths, particularly disadvantaged youths;

(2) An individual with experience in promoting the involvement of older adults in service and volunteerism;

(3) A representative of community-based agencies or community-based organizations within the State;

(4) The superintendent of education, or a designee;

(5) A representative of county governments;

(6) A representative of local labor organizations in the State;

(7) A representative of business;

(8) An individual between the ages of sixteen and twenty-five who is a participant or supervisor in a volunteer or service program; and

(9) A representative of a national service program described in Title 42 United States Code section 12572(a), as amended, as a nonvoting, ex officio member.

(b) The commission may include:

(1) Members selected from among local educators;

(2) Members selected from among experts in the delivery of human, educational, environmental, or public safety services to communities and persons;

(3) Members selected from among out-of-school youths or other at-risk youths; and

(4) Representatives of entities that receive assistance under the federal Domestic Volunteer Service Act of 1973.

(c) Not more than twenty-five per cent of commission members may be employees of state government, though additional state agency representatives may sit on the commission as nonvoting, ex officio members.

(d) Vacancies among the members, filled by the governor, shall serve for the remainder of the term.

(e) The members shall serve without compensation, but shall be reimbursed their necessary and reasonable expenses incurred in the performance of their duties, including travel expenses.

(f) Members currently serving under Executive Order 94-01 may be reappointed to a new three-year term and may serve two consecutive terms. [L 2002, c 88, pt of §1; am L 2006, c 56, § 1]
Haw. Rev. Stat. § 88-112 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-112
Annuity savings fund; annual statement.
Status: in_force

The annuity savings fund shall be comprised of the members' accumulated contributions, which beginning July 1, 1988, shall include any contributions made by the member to the post retirement fund. A member shall be mailed an annual statement showing the member's accumulated contributions upon request therefor.
Haw. Rev. Stat. § 88E-2 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-2
State deferred compensation plan.
Status: in_force

The State may establish a deferred compensation plan in accordance with section 457 of the Internal Revenue Code of 1954, as amended, for the benefit of employees to defer a portion of their compensation to a future period of time. Participation in the plan shall be by written agreement between the employee and the State. The county may enter into a formal agreement with the State to extend the plan to employees of the county; provided that the agreement designates one of the county's agencies to locally coordinate the plan. Participation in the plan by a county employee shall be by written agreement between the employee and the county. An employee may authorize deductions to be made from the employee's wages for the purpose of participation in the plan. [L Sp 1981 1st, c 7, pt of §1]
Haw. Rev. Stat. § 88-166 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-166
Computation; service as police officer, firefighter, or bandsman.
Status: in_force

To entitle anyone to be retired because of time of service only, the time served by the person upon the regularly constituted police force, fire department, or band on which the person shall then be serving, or of the Territory or the Republic of Hawaii, its predecessor, shall be computed, but all times so served by the person before, as well as after May2, 1917, shall be included in the computation. No time served by any person as a special police officer or a police officer solely paid by any private person, or as a merchant police officer, shall be considered in computing the length of service of the person in the police force.
Haw. Rev. Stat. § 88-106 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-106
Correction of errors.
Status: in_force

Should any change or error in records result in any member, retirant, or beneficiary receiving from the system more or less than the member, retirant, or beneficiary would have been entitled to receive had the records been correct, the board of trustees shall correct the error and as far as practicable, shall adjust the payments in such a manner that the actuarial equivalent of the benefit to which the member, retirant, or beneficiary was correctly entitled shall be paid. Should any error in calculation or records result in any member, retirant, or beneficiary receiving from the system more than the member, retirant, or beneficiary would have been entitled to receive had the calculation or records been correct, the board of trustees shall correct the error and shall recover any such overpayment unless recovery is waived pursuant to procedures adopted under section 88-6.
Haw. Rev. Stat. § 76-6 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-6
Chapter inoperative, when.
Status: in_force

If any provision of this chapter jeopardizes the receipt by the State or any county of any federal grant-in-aid or other federal allotment of money, the provision shall, insofar as the fund is jeopardized, be deemed to be inoperative.
Haw. Rev. Stat. § 76-76 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-76
Deputy director.
Status: in_force

The personnel director may designate a qualified person as the director's deputy. The deputy shall be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration. In case of a vacancy in the office of director or of the absence of the director or the director's inability from any cause to discharge the powers and duties of the director's office, the powers and duties shall devolve upon the director's deputy.
Haw. Rev. Stat. § 88-58 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-58
Prior service credit while per diem employee.
Status: in_force

Under such rules as are adopted by board of trustees, all members who formerly filled per diem positions after December31, 1927, in the various counties as road maintenance workers, shall be allowed full prior service credit in the system for their per diem service.
Haw. Rev. Stat. § 84-13.5 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-13.5
Washington Place; campaign activities.
Status: in_force

The governor shall not allow Washington Place to be used for any events intended to solicit funds, support, or votes for any candidate for elective public office.
Haw. Rev. Stat. § 88-188 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-188
Additional conditions.
Status: in_force

The pension systems shall further provide, subject to this part, that:

(1) If an employee becomes unable to work before the employee reaches the age of sixty after the employee has had ten or more years of service, the employee may retire, regardless of age, on a disability allowance payable for the remainder of the employee's life or until the employee is able to return to work. The allowance shall be established at nine-tenths of one-seventieth of the employee's average annual salary or compensation during the last ten years of employment by the county multiplied by the number of the employee's years of service.

(2) If an employee prior to May17, 1937, met with an accident incurred without the employee's fault or negligence in the performance of duty in the employee's service for the county which has rendered the employee incapable of continuing the employee's work the employee may retire on a pension of sixty-six and two-thirds per cent of the employee's average annual salary or compensation during the last ten years or such lesser time as the employee may have been in county employment, for life or until the employee is able to return to service. [L 1937, c 237, §3; RL 1945, §6186; RL 1955, §6-167; HRS §88-188; gen ch 1985]
Haw. Rev. Stat. § 88-332 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-332
Service retirement allowance.
Status: in_force

(a) Upon retirement from service, a class H member who became a member before July 1, 2012, shall receive a maximum retirement allowance as follows:

(1) If the member has met the requirements in section 88-331(a), (b), or (d), a maximum retirement allowance of two per cent of the average final compensation multiplied by the number of years of class H credited service, plus a retirement allowance at the rate of one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service; or

(2) If the member has met the requirements in section 88-331(c), an early retirement allowance equal to the maximum retirement allowance calculated as provided in paragraph (1), reduced by 0.4166 per cent for each month the member is less than age sixty-two at retirement.

(b) Upon retirement from service, a class H member who becomes a member after June 30, 2012, shall receive a maximum retirement allowance as follows:

(1) If the member has met the requirements in section 88‑331(a), (b), or (d), a maximum retirement allowance of one and three-fourths per cent of the average final compensation multiplied by the number of years of class H credited service, plus a retirement allowance at the rate of one and one‑fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service; or

(2) If the member has met the requirements in section 88‑331(c), an early retirement allowance equal to the maximum retirement allowance calculated as provided in paragraph (1), reduced by 0.4166 per cent for each month the member is less than age sixty-five at retirement. [L 2004, c 179, pt of §1; am L 2005, c 58, §26; am L 2011, c 163, §14]
Haw. Rev. Stat. § 89-23 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-23
Classroom cleaning; exception.
Status: in_force

No collective bargaining agreement or executive policy put forth after July1, 1993, shall contain provisions that may preclude the implementation of the classroom cleaning project established in section 302A-1507, unless a contract waiver process exists between the parties.
Haw. Rev. Stat. § 88-159 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-159
Reexamination of disability beneficiary; hearing.
Status: in_force

After any member of the police force, fire department, or band has been retired upon pension by reason of disability, the board of trustees shall have the right at any time to cause the retired member again to be brought before it and examined by the medical board, and shall also have the right to examine other witnesses for the purpose of discovering whether the disability still continues, and whether the retired member should remain on the pension roll; but the retired member shall be retained on the pension roll until reinstated in the service of the police force, fire department or band, except in case of dismissal or resignation. The retired member shall be entitled to notice, and to be present at the hearing of evidence, shall be permitted to propound any question pertinent or relevant to the matter and shall also have the right to introduce evidence upon the retired member's own behalf. All witnesses so produced shall be examined under oath and any member of the board of trustees is authorized to administer the oath. Should the retired member recover from the retired member's disability and be, in the opinion of the medical board, again fit for active duty, then the member shall again be put on active duty and full pay, and from the time the board of trustees shall decide that the member is fit for active duty, the member shall cease to be entitled to any payments out of the pension system because of disability for which the member was retired.
Haw. Rev. Stat. § 88-224 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-224
Contribution fund; established.
Status: in_force

There is established a special fund to be known as the contribution fund. The fund shall consist of and there shall be deposited in such fund:

(1) All contributions, interest, and penalties collected under sections 88-215 and 88-221 to 88-223;

(2) All moneys appropriated thereto under this part;

(3) Any property or securities and earnings thereof acquired through the use of moneys belonging to the fund;

(4) Interest earned upon any moneys in the fund; and

(5) All sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund and from any other source.

All moneys in the fund shall be mingled and undivided. Subject to the provisions of this part, the state agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with this part. [L 1953, c 217, §6(a); RL 1955, §6-200; HRS §88-224]
Haw. Rev. Stat. § 88-89 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-89
Minimum amount.
Status: in_force

Each retirant who has a minimum of ten years of credited service and whose service retirement allowance is less than $50 per month, shall be paid an amount which, together with the retirant's retirement allowance, equals the sum of $50 per month.
Haw. Rev. Stat. § 89-8 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-8
Recognition and representation; employee participation.
Status: in_force

(a) The employee organization that has been certified by the board as representing the majority of employees in an appropriate bargaining unit shall be the exclusive representative of all employees in the unit. As exclusive representative, it shall have the right to act for and negotiate agreements covering all employees in the unit and shall be responsible for representing the interests of the employees without discrimination and without regard to employee organization membership; provided that the exclusive representative shall not be required to provide grievance representation to employees who do not pay dues or dues equivalents and who decline to pay reasonable costs of that representation. Any other provision herein to the contrary notwithstanding, whenever two or more employee organizations that have been duly certified by the board as the exclusive representatives of employees in bargaining units merge, combine, amalgamate, or enter into an agreement for common administration or operation of their affairs, all rights and duties of the employee organizations as exclusive representatives of employees in the units shall inure to and shall be discharged by the organization resulting from the merger, combination, amalgamation, or agreement, either alone or with the employee organizations. Election by the employees in the unit involved and certification by the board of the resulting employee organization shall not be required.

(b) An individual employee may present a grievance at any time to the employee's employer and have the grievance heard without intervention of an employee organization; provided that the exclusive representative is afforded the opportunity to be present at such conferences and that any adjustment made shall not be inconsistent with the terms of an agreement then in effect between the employer and the exclusive representative.

(c) Employee participation in the collective bargaining process conducted by the exclusive representative of the appropriate bargaining unit shall be permitted during regular working hours without loss of regular salary or wages. The number of participants from each bargaining unit with over 2,500 members shall be limited to one member for each five hundred members of the bargaining unit. For bargaining units with less than 2,500 members, there shall be at least five participants, one of whom shall reside in each county; provided that there need not be a participant residing in each county for the bargaining unit established by section 89-6(a)(8). The bargaining unit shall select the participants from representative departments, divisions or sections to minimize interference with the normal operations and service of the departments, divisions or sections. [L 1970, c 171, pt of §2; am L 1971, c 212, §2; am L 1977, c 191, §3; gen ch 1985; am L 2023, c 150, §1]
Haw. Rev. Stat. § 88-22 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-22
System established; name.
Status: in_force

There shall be a retirement system for the purpose of providing retirement allowances and other benefits for employees. It shall have the powers and privileges of a corporation and shall be known as the "Employees' Retirement System of the State of Hawaii" and by that name may sue or be sued, transact all of its business, invest all of its funds, and hold all of its cash and securities and other property.
Haw. Rev. Stat. § 84-12 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-12
Confidential information.
Status: in_force

No legislator or employee shall disclose information which by law or practice is not available to the public and which the legislator or employee acquires in the course of the legislator's or employee's official duties, or use the information for the legislator's or employee's personal gain or for the benefit of anyone; provided that this section shall not preclude a person who serves as the designee or representative of an entity that is a member of a task force from disclosing information to the entity which the person acquires as the entity's designee or representative.
Haw. Rev. Stat. § 88E-10 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-10
REPEALED.
Status: in_force

L 2000, c 253, §137.
Haw. Rev. Stat. § 87A-24 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-24
Other powers.
Status: in_force

In addition to the power to administer the fund, the board may:

(1) Collect, receive, deposit, and withdraw money on behalf of the fund;

(2) Invest moneys in the same manner specified in section 88-119;

(3) Hold, purchase, sell, assign, transfer, or dispose of any securities or other investments of the fund, as well as the proceeds of those investments and any money belonging to the fund;

(4) Appoint, and at pleasure dismiss, an administrator and other fund staff. The administrator shall be exempt from chapter 76. Other fund staff may be exempt from chapter 76 as determined by the board. The administrator and staff who are exempt from chapter 76 shall serve under and at the pleasure of the board; provided that civil service exempt positions under this section that are created after July 1, 2014, shall be exempt from section 76-16(b)(17)(A); provided further that the salaries of the administrator and chief investment officer shall be set by the board;

(5) Make payments of periodic charges and pay for reasonable expenses incurred in carrying out the purposes of the fund;

(6) Contract for the performance of financial audits of the fund and claims audits of its insurance carriers;

(7) Retain auditors, actuaries, investment firms and managers, benefit plan consultants, or other professional advisors to carry out the purposes of this chapter, including the retaining of an actuary to determine the annual required public employer contribution for the separate trust fund established under section 87A-42;

(8) Establish health benefits plan and long-term care benefits plan rates that include administrative and other expenses necessary to effectuate the purposes of the fund; and

(9) Require any department, agency, or employee of the State or counties to furnish information to the board to carry out the purposes of this chapter. [L 2001, c 88, pt of §1; am L 2004, c 216, §15; am L 2013, c 268, §7; am L 2016, c 30, §2; am L 2017, c 145, §2; am L 2021, c 229, §§2, 9; am L 2023, c 38, §2]
Haw. Rev. Stat. § 88-228 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-228
Appropriations to contribution fund.
Status: in_force

(a) There are hereby authorized to be appropriated to the contribution fund, in addition to the contributions collected and paid into the contribution fund under sections 88-215 and 88-221 to 88-223, to be available for the purposes of sections 88-225 and 88-226 until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under section 88-212.

(b) The state agency shall submit to the director of finance at such time preceding each regular session of the legislature as the director may prescribe, an estimate of the amounts authorized to be appropriated to the contribution fund by subsection (a) of this section for the next appropriation period. [L 1953, c 217, §6(e); RL 1955, §6-204; am L Sp 1959 1st, c 13, §3; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §88-228; gen ch 1985]
Haw. Rev. Stat. § 76-45 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-45
Suspension.
Status: in_force

An appointing authority may, for disciplinary purposes, suspend any employee without pay or place an employee on leave without pay pending an investigation. Suspensions and leaves without pay pending an investigation shall be in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable.
Haw. Rev. Stat. § 88-227 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-227
Custodian of fund.
Status: in_force

The state director of finance shall be ex officio treasurer and custodian of the contribution fund and shall administer the fund in accordance with this part and the directions of the state agency and shall pay all warrants drawn upon it in accordance with sections 88-225 and 88-226 and with such regulations as the state agency may prescribe pursuant thereto.
Haw. Rev. Stat. § 88-185 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-185
Assistants; county clerk, attorney, and treasurer.
Status: in_force

The county clerk shall be the ex officio secretary of the pension board of the clerk's county and shall keep in a separate book a true and correct account of the proceedings of the board. The county attorney shall be the legal advisor of the board of the attorney's county; provided that the board, with the approval of the council of the county, may employ private legal counsel. The county treasurer shall be the ex officio treasurer of the board of the treasurer's county. The county auditor shall audit all accounts of the pension fund of the county and the county auditor shall draw all warrants payable therefrom, which warrants shall be drawn only upon a voucher certified by the chairperson, or acting chairperson, and one other member of the board. The county treasurer shall collect all moneys belonging to the fund, have the custody of all its notes, bonds, and other securities, if any, and collect the principal and interest of the same, and the treasurer shall be liable on the treasurer's bond as treasurer for the faithful accounting of all moneys that may come into the treasurer's hands belonging to the pension fund. The treasurer shall, upon the expiration of the treasurer's term of office, account to the board for all moneys, notes, bonds, and other securities coming into the treasurer's hands and the proceeds of the same, and turn over to the treasurer's successor all moneys, notes, and other securities remaining in the treasurer's hands and belonging to the pension fund.
Haw. Rev. Stat. § 88-123 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-123
Amount of annual contributions by the State and counties.
Status: in_force

The contribution payable in each year to the pension accumulation fund by the State and by each county shall be determined by allocating the sum of the normal cost and the accrued liability contribution for:

(1) Police officers, firefighters, and corrections officers, the latter after the actual transfer of all county jails pursuant to executive order of the governor; and

(2) All other employees

in the same proportion as the aggregate annual compensation of each group employed by the State and by each county, respectively, as of March 31 of the valuation year. Commencing with fiscal year 2005-2006, the contribution payable in each year to the pension accumulation fund by the State and each county, respectively, shall be determined by multiplying the contribution rates in section 88-122(e) by the actual covered payroll in a given fiscal year for each of the two groups of employees in section 88-122(a). [L 1925, c 55, pt of §8; am imp L 1927, c 251, §4; am L 1933, c 181, §3; am L Sp 1933, c 10, §§2, 3; RL 1935, pt of §7927; am L 1935, c 48, §§2, 4; RL 1945, pt of §712, subs 3; RL 1955, §6-91; am L 1964, c 62, §13; HRS §88-114; am L 1969, c 110, pt of §1; am L 1977, c 171, §3; am L 1983, c 124, §15; am L 1997, c 327, §4; am L 2004, c 181, §3]
Haw. Rev. Stat. § 88-59.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-59.5
Previous membership service credit for legislative officers.
Status: in_force

(a) Any member who on July 1, 1991, was serving or previously served as an assistant clerk or assistant sergeant at arms of either house of the legislature and becomes eligible for retirement benefits as a class A member as provided under sections 88-73(a), 88-74(d), and 88-76 shall be entitled to full service credit as a class A member for any eligible service prior to July 1, 1991; provided that:

(1) The member claims those years as membership service credit and purchases that membership service credit in accordance with section 88-59; and

(2) Notwithstanding any other law to the contrary:

(A) If the member was a class A member of the system and elected to become a class C member pursuant to section 88-271, the member repurchases all the years of service as a class C member in accordance with the procedures under section 88-59 to regain standing as a contributory member; and

(B) A class C member shall be credited for service as an assistant clerk or assistant sergeant at arms under section 88-59 in a lump sum nonrefundable payment and receive retirement benefits as provided in this section.

(b) Any retirant who returns to employment and is enrolled as a member of the system will have previous service as an assistant clerk or assistant sergeant at arms recognized as provided in this section. [L 1991, c 96, §1(1); am L 2005, c 58, §6; am L 2007, c 215, §5; am L 2011, c 163, §2]
Haw. Rev. Stat. § 87A-33.5 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-33.5
State and county contribution; reimbursement for retired employees.
Status: in_force

Effective July 1, 2007, an employee-beneficiary who retires and relocates outside of the State shall be reimbursed for the premiums paid by the employee-beneficiary for a personal health insurance policy; provided that the board shall determine which employee-beneficiaries and what types of personal health insurance policies shall be eligible for reimbursement and may set other conditions that shall be met for the employee-beneficiary to receive the reimbursements provided under this section.

The reimbursement shall be the lesser of:

(1) The actual cost of the personal health insurance policy; or

(2) The amount of the state or county contribution for the most comparable health benefits plan.

Reimbursements shall be paid by the fund on a quarterly basis upon the presentation of documentation that the premiums for the personal health insurance policy have been paid by the employee-beneficiary. This section shall apply to all employee-beneficiaries who retire and relocate outside of the State, regardless of their date of retirement. [L 2006, c 167, §1]
Haw. Rev. Stat. § 76-41 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-41
Performance appraisal systems; failure to meet performance requirements.
Status: in_force

(a) There shall be established and maintained performance appraisal systems for the purpose of evaluating the performance of employees in the civil service and improving the employees' performance. The performance appraisal systems shall be the basis for evaluating whether employees in the civil service meet the performance requirements of their respective positions as required in section 76-27. For the purposes of this section, "performance requirements" includes any qualification required for the position such as a license.

(b) An appointing authority may release an employee from the employee's position or discharge an employee from service if the employee fails to meet the performance requirements of the employee's position under the following conditions:

(1) The evaluation process and its consequences were discussed with the employee;

(2) The employee was made aware of the employee's current job description and job-related performance requirements;

(3) The evaluation procedures were observed, including providing the employee the opportunity to meet, discuss, and rebut the performance evaluation and apprising the employee of the consequences of failure to meet performance requirements;

(4) The evaluation was fair and objective;

(5) The employee was provided performance feedback during the evaluation period and, as appropriate, the employee was offered in-service remedial training in order for the employee to improve and meet performance requirements;

(6) The evaluation was applied without discrimination; and

(7) Prior to the end of the evaluation period that the employee is being considered for discharge due to failure to meet performance requirements, the feasibility of transferring or demoting the employee to another position for which the employee qualifies was considered.

(c) Any civil service employee who fails to meet performance requirements shall have the right to grieve under:

(1) A collective bargaining grievance procedure that culminates in a final and binding decision by a performance judge pursuant to section 89-10.8; or

(2) The departmental complaint procedure that culminates in a final and binding decision by the merit appeals board under section 76-14.

The performance judge or the merit appeals board, as the case may be, shall use the conditions in subsection (b) as tests in reaching a decision on whether the employer's action, based on a failure by the employee to meet performance requirements of the employee's position, was with or without merit. [L 1955, c 274, pt of §1; RL 1955, §3-21(u); am L 1961, c 41, §1; HRS §76-41; gen ch 1985; am L 1994, c 56, §21; am L 1998, c 52, §1; am L 2000, c 253, §23]
Haw. Rev. Stat. § 76-12 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-12
General powers and duties of director.
Status: in_force

The director shall:

(1) Represent the public interest in the improvement of human resources administration in the civil service;

(2) Assist in fostering the interest of institutions of learning and civic, professional, and employee organizations in the improvement of human resources standards in civil service;

(3) Advise the chief executive on policies and problems concerning the human resources program; and

(4) Make investigations concerning the administration of human resources policies in the civil service, including any matter respecting the enforcement or effect of this chapter or the rules adopted thereunder, or the action or failure to act of any officer or employee with respect thereto. [L 1955, c 274, pt of §1; RL 1955, pt of §3-17; am L Sp 1959 2d, c 1, §11; HRS §76-12; am L 1994, c 56, §7; am L 2000, c 253, §10]
Haw. Rev. Stat. § 89-1 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-1
Statement of findings and policy.
Status: in_force

(a) The legislature finds that joint decision-making is the modern way of administering government. Where public employees have been granted the right to share in the decision-making process affecting wages and working conditions, they have become more responsive and better able to exchange ideas and information on operations with their administrators. Accordingly, government is made more effective. The legislature further finds that the enactment of positive legislation establishing guidelines for public employment relations is the best way to harness and direct the energies of public employees eager to have a voice in determining their conditions of work; to provide a rational method for dealing with disputes and work stoppages; and to maintain a favorable political and social environment.

(b) The legislature declares that it is the public policy of the State to promote harmonious and cooperative relations between government and its employees and to protect the public by assuring effective and orderly operations of government. These policies are best effectuated by:

(1) Recognizing the right of public employees to organize for the purpose of collective bargaining;

(2) Requiring public employers to negotiate with and enter into written agreements with exclusive representatives on matters of wages, hours, and other conditions of employment, while, at the same time, maintaining the merit principle pursuant to section 76-1; and

(3) Creating a labor relations board to administer the provisions of chapters 89 and 377. [L 1970, c 171, pt of §2; am L 1985, c 251, §2; am L 2000, c 253, §92]
Haw. Rev. Stat. § 88-121.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-121.5
Power to enter into security loan agreements.
Status: in_force

Anything in this part to the contrary notwithstanding, the board of trustees may enter into an agreement or agreements with a financially responsible stock or bond brokerage firm, bank, or similar financial institution ("borrower") authorized to do business under the laws of any state or the United States, for the purpose of lending to the borrower securities held by the system, subject to the following conditions:

(1) The securities shall be loaned to the borrower for a period not to exceed one year;

(2) At the termination of the loan period, the borrower shall deliver to the board of trustees certificates for identical securities which are of the same class and issue as the loaned securities;

(3) For the protection of the system, the borrower shall deliver to the board of trustees or its agent, collateral in the form of cash, letters of credit, bonds, or other interest-bearing notes and obligations of the United States or federal instrumentalities which are eligible for investment by the board of trustees, in an amount not less than one hundred two per cent of the market value of the loaned securities, as determined by the board of trustees. The system shall have a security interest in the collateral to secure borrower's obligations under the agreement. The board of trustees shall not be obligated to return the collateral or any part thereof to the borrower, except upon borrower's delivery to the board or its agent of securities identical to the loaned securities, as provided in paragraph (2). The board of trustees or its designated agent shall monitor the market value of the loaned securities daily, and if, on any business day, the amount of the collateral deposited by the borrower is less than one hundred two per cent of the market value of the loaned securities on that day, the borrower shall immediately deposit with the board or its agent additional collateral in the form of cash, letters of credit, bonds, or other interest-bearing notes and obligations of the United States or federal instrumentalities which are eligible for investment by the board of trustees. Such additional collateral, together with the collateral previously on deposit, shall be in an amount not less than one hundred two per cent of the market value of the loaned securities at the time of such deposit;

(4) The board of trustees, at its election, may use or invest any collateral delivered by a borrower to the board or its agent pursuant to the agreement, and any income and profits earned on the collateral shall be retained for the benefit of the system. Any investment of the collateral shall be subject to section 88-119;

(5) Until the termination of the loan, the borrower may exercise all the incidents of ownership of loaned securities, including the right to transfer the loaned securities to others and vote or otherwise consent as a holder of such securities; provided that the borrower shall be obligated to the board of trustees for all dividends and distributions made with respect to the loaned securities during the period of the agreement, including, without limitation, cash, stock or property dividends or distributions, interest payments, and subscription rights;

(6) In the event that the borrower, at the termination of the loan period, fails to deliver to the board of trustees certificates for identical securities which are of the same class and issue as the loaned securities, the borrowers shall forfeit to the system the collateral deposited. [L 1981, c 212, §1]
Haw. Rev. Stat. § 88-17 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-17
Bonus payment; limitation.
Status: in_force

No bonus shall be payable to any person retiring after June30, 1971; provided that this limitation shall not apply to bonus payments for retired patient employees receiving a pension under chapter 326. Such patient employees including those who retired after June30, 1971, and prior to July1, 1976, may continue to receive bonus payments authorized under section 88-11.
Haw. Rev. Stat. § 76-19 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-19
§§76-19 to 21 REPEALED.
Status: repealed

§§76-19 to 21 REPEALED. L 2000, c 253, §§46 to 48.
Haw. Rev. Stat. § 88-189 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-189
Widow's, widower's, and reciprocal beneficiary's pensions.
Status: in_force

The widow and widower or reciprocal beneficiary of any deceased man or woman, who have been previously granted or are found subsequent to his or her death to have been entitled to a pension under this part, or to have had ten or more years of service although he or she had not reached the age of sixty years, shall be eligible for a pension equal to the same amount, including all the bonuses provided in section 88-11, and all other benefits, that the said deceased was receiving or entitled to receive at the time of his or her death, and all future benefits deriving thereto, so long as the widow, widower, or reciprocal beneficiary remains unmarried or has not entered into a new reciprocal beneficiary relationship.
Haw. Rev. Stat. § 89A-1 — HI Code / Division 1 / Title 7 / Chapter 89A / Section 89A-1
Office of collective bargaining and managed competition.
Status: in_force

(a) There shall be established an office of collective bargaining and managed competition in the office of the governor to assist the governor in implementation and review of the managed process of public-private competition for particular government services through the managed competition process and negotiations between the State and the exclusive representatives on matters of wages, hours, and other negotiable terms and conditions of employment.

(b) The position of chief negotiator for the State is hereby established to head the office. The chief negotiator shall be experienced in labor relations. The governor shall appoint the chief negotiator and may also appoint deputy negotiators to assist the chief negotiator. The governor, at pleasure, may remove the chief negotiator and any deputy negotiator. All other employees shall be appointed by the chief negotiator. All employees in the office of collective bargaining and managed competition shall be included in any benefit programs generally applicable to employees of the State.

(c) Subject to the approval of the governor, the office of collective bargaining and managed competition shall:

(1) Assist the governor in formulating the State's philosophy for public collective bargaining and for the managed process for public-private competition for government services, including which particular service can be provided more efficiently, effectively, and economically considering all relevant costs; and

(2) Coordinate and negotiate the managed competition process on behalf of the State with exclusive representatives of affected public employees and private contractors.

(d) No employee of the office of collective bargaining and managed competition shall be included in the civil service, any civil service classification system, or any appropriate bargaining unit; provided that any civil service position in existence on July 1, 2002, shall not be exempted from civil service until the incumbent in that position on July 1, 2002, vacates that position.

(e) If the State executes a contract with a private contractor pursuant to the managed competition process authorized under this section, the State may use the layoff provisions of the civil service laws and the respective collective bargaining contracts to release employees displaced from their positions by the managed competition process. Prior to implementing any layoff provision of the civil service laws or a collective bargaining contract, the State shall use its resources for placing, retraining, and providing voluntary severance incentives for displaced employees. Methods that may be used to minimize or avoid the adverse effects of an agency's decision to secure needed services from contractors may include:

(1) Coordination with the private service provider awarded the contract under this section to continue a displaced employee's employment as an employee of the contractor;

(2) Reassignment to another civil service position the employee is qualified to fill;

(3) Retraining to qualify the employee for reassignment; and

(4) Severance incentives.

(f) As used in this section, "managed competition" means the process established in this section by which the State and a private contractor compete to provide government services. [L 1975, c 165, §2; am L 1977, c 191, §4; am L 1982, c 129, §4; am L 1985, c 29, §1; am L 1986, c 128, §4; am L 1989, c 329, §3; am L 2000, c 253, §104; am L 2001, c 55, §37 and c 90, §5; am L 2002, c 106, §2]
Haw. Rev. Stat. § 88D-5 — HI Code / Division 1 / Title 7 / Chapter 88D / Section 88D-5
Costs of a special pay plan.
Status: in_force

Costs associated with the implementation and administration of a special pay plan established pursuant to this chapter shall be borne by the selected plan provider.
Haw. Rev. Stat. § 89C-2 — HI Code / Division 1 / Title 7 / Chapter 89C / Section 89C-2
Adjustments authorized; limitations, restrictions.
Status: in_force

Each appropriate authority may make adjustments for their respective excluded employees subject to the following guidelines and limitations:

(1) The compensation of excluded employees, whose pay is presently limited or fixed by legislative action, or prescribed by a salary commission, shall not be adjusted under this chapter and shall continue to be limited or fixed by the respective legislative body or salary commission;

(2) The compensation of excluded employees exempt from civil service coverage, whose pay is set at the discretion of the appointing authority, shall continue to be adjusted at the discretion of the appointing authority from funds allowed for this purpose;

(3) Any adjustment made for excluded civil service employees shall be consistent with the merit principle and shall not diminish any rights provided under chapter 76;

(4) For excluded employees under the same classification systems as employees within collective bargaining units, adjustments shall be not less than those provided under collective bargaining agreements for employees hired on a comparable basis;

(5) For excluded employees other than those under paragraph (4), adjustments shall, to the extent practicable, uniformly apply to every excluded employee within a homogeneous grouping, such as, cabinet members or managerial employees, to ensure fairness. This does not preclude variable adjustments based on performance or other job criteria and specific adjustments warranted based on the nature of work performed or working conditions; and

(6) No adjustment shall be made in benefits provided under chapter 88 unless specifically authorized by that chapter, or with respect to any other matter that the legislature may specifically prohibit or limit by law. [L 1978, c 197, pt of §2; am L 1982, c 152, §2 and c 159, pt of §1(1); am L 1984, c 254, §6; am L 1987, c 30, §1; am L 2000, c 253, §107; am L 2002, c 131, §1]
Haw. Rev. Stat. § 88-74.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-74.5
Finalizing of pensions.
Status: in_force

(a) The system shall finalize a retirant's pension benefit within six calendar months following the month of the retirant's retirement when the effective date of retirement is the first day of the month. When the effective date of retirement is December31, the system shall finalize a retirant's pension benefit within seven calendar months following the month of the retirant's retirement. For pension benefits finalized after the sixth calendar month following the month of the retirant's retirement when the effective date of retirement is on the first day of the month, or the seventh calendar month following the month of the retirant's retirement when the effective date of retirement is December 31, an interest payment amounting to an amount to be established by the board that shall not be less than the ninety day United States treasury bill rate as of the end of the prior year plus one per cent per year shall be paid to the retirant. Interest shall be calculated on the difference between the amount the retirant is entitled to receive from the retirant's retirement date up to the day the payment is made and the amount the retirant was paid, including any refund of member contributions.

Beginning January 1, 2004, or the first day of the seventh calendar month following the month of retirement when the effective date of retirement is on the first day of the month, or the first day of the eighth calendar month following the month of retirement when the effective date of retirement is December31, whichever is the latest, interest payments calculated as simple interest shall be prorated up to the date payment is made; provided that any pension adjustment made after the retirant's pension has once been finalized shall not be subject to any interest payment.

The system shall finalize ordinary and service-connected disability retirements within six calendar months following the month that the member's retirement is approved by the board or the actual retirement date specified by the member, whichever is later.

(b) Any department or agency of the State or counties that fails to comply with the system's request for information shall be subject to a monthly fee for each request as follows:

(1) For requests for unused sick leave balances and lump sum vacation payments not reported within ninety days of an employee's retirement; and

(2) For requests for payroll or personnel information not reported within thirty days of receipt of request.

Beginning January 1, 2004, the system shall assess $10 for each month or fraction thereof that the department or agency fails to provide the system with the requested information for each retiree. All assessments collected shall be deposited to the pension accumulation fund. [L 2003, c 134, §1; am L 2006, c 169, §10; am L 2017, c 17, §1]
Haw. Rev. Stat. § 88-142 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-142
Right of amendment or repeal reserved; retroactive effect.
Status: in_force

The provisions of sections 88-131 to 88-142 shall not be deemed to constitute a contract with any service member and the legislature reserves the right to amend or repeal the sections at any time as to any benefit or allowance not accrued prior to the time of the amendment or repeal.

The sections shall apply retroactively, as well as prospectively, to all persons entitled to the benefits of the Servicemen's Act. [L 1951, c 262, pt of §3; RL 1955, §6-121; HRS §88-132; am L 1969, c 110, pt of §1]
Haw. Rev. Stat. § 88-344 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-344
Return to service of a retirant.
Status: in_force

(a) Any retirant who retired under the provisions of this part and returns to service requiring active membership in the system as a class H member shall be reenrolled as an active member, and the retirant's retirement allowance shall be suspended. When the member again retires, the retirement allowance shall be the sum of:

(1) The allowance to which the member was entitled under the retirement allowance option selected when the member previously retired and which was suspended; and

(2) For the period of service during the member's reemployment, the allowance to which the member is entitled for that service based on the retirement allowance option initially selected and computed for the member's age, average final compensation, and other factors in accordance with the benefit formula of a class H member under section 88-332 in existence at the time of the member's final retirement.

(b) Any retirant who retired under the provisions of this part and returns to service requiring active membership in the system as a class A or class B member shall be reenrolled as an active member, and the retirant's retirement allowance shall be suspended. When the member again retires, the retirement allowance shall be the sum of:

(1) The allowance to which the member was entitled under the retirement allowance option selected when the member previously retired and which was suspended; and

(2) For the period of service during the member's reemployment, the allowance to which the member is entitled for that service based on the retirement allowance option initially selected and computed for the member's age, average final compensation, and other factors in accordance with the benefit formula of a class A or class B member under section 88-74 in existence at the time of the member's final retirement.

(c) Any retirant who received the special retirement incentive benefit under Act 253, Session Laws of Hawaii 2000, as amended by Act 131, Session Laws of Hawaii 2002, and is reemployed by the State or a county in any capacity shall:

(1) Have the retirant's retirement allowance suspended;

(2) Forfeit the special retirement incentive benefit and any related benefit provided by this chapter; and

(3) Be subject to the age and service requirements under section 88-331 when the member again retires.

(d) If a retirant's designation of beneficiary was irrevocable upon the retirant's initial retirement, the retirant may not change the retirant's designated beneficiary when the retirant returns to service or when the former retirant again retires.

(e) A retirant who returns to service shall not be considered to be "in service", for the purposes of section 88-334, 88-336, 88-338, or 88-339, or any other provision of this chapter providing for benefits arising out of the disability or death of a member. A retirant who returns to service and dies during the period of reemployment shall be considered to have retired again effective as of the first day of the month following the month in which the death occurs, except for death during the month of December when the effective date of retirement may be the last day of the month.

(f) The board shall adopt any rules as may be required to administer this section. [L 2004, c 179, pt of §1; am L 2006, c 169, §40; am L 2007, c 215, §28]
Haw. Rev. Stat. § 76-78 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-78
§§76-78 to 81 REPEALED.
Status: repealed

§§76-78 to 81 REPEALED. L 2000, c 253, §§70 to 73.
Haw. Rev. Stat. § 88-226 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-226
Payments to federal government.
Status: in_force

From the contribution fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the state agency in accordance with any agreement entered into under section 88-212 and the Social Security Act.
Haw. Rev. Stat. § 76-42 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-42
Internal complaint procedures.
Status: in_force

(a) The director shall promulgate a uniform plan for the creation of internal complaint procedures in the various departments that shall apply to matters within the jurisdiction of the merit appeals board. The internal complaint procedures may also be used for other matters, such as, when a complaint procedure is required by law to be available or when a jurisdiction deems it would be beneficial to avoid the time and expense of litigation; provided that matters subject to collective bargaining grievance procedures shall not be processed under the internal complaint procedures. The rules relating to internal complaint procedures shall conform to the following:

(1) The procedures shall encourage informal discussions and expeditious resolution of all complaints. Informal resolution includes the use of any administrative review process available. A written decision shall be issued to the complainant on the outcome of any efforts to resolve the complaint informally and, if not resolved, the decision shall be accompanied by information on the filing of a formal complaint with the department or the merit appeals board, as applicable.

(2) In presenting a complaint, the complainant shall be assured freedom from coercion, discrimination, or reprisal.

(3) The complainant shall have the right to be represented by a person or persons of the complainant's own choosing at any stage in the presentation of the complaint.

(4) To minimize confusion and possible loss of rights, the time and manner for filing a formal complaint shall be as uniform and easily understandable as possible to the employees or general public. Complaint forms, instructions, and the complaint procedures should be easily accessible to the employees or general public and the procedures should allow for complaints to be filed at central locations convenient to the public. The complaint shall be referred to the appropriate individual at the lowest level of the internal complaint procedures who has the authority to act on the complaint and who shall be responsible for contacting the complainant. If it is discovered after filing of the complaint that the matter complained of is not within the authority of a department to act, the department shall notify the complainant accordingly and refer the complaint to the appropriate agency, if known. The deadline for filing a formal complaint under the internal complaint procedures shall be tolled after receipt of a reply to the informal complaint if efforts were made to resolve the complaint informally.

(5) All proceedings relating to the handling of a complaint by a person who is not an employee shall as far as practicable be conducted during office hours at times convenient to the complainant. All proceedings relating to the handling of employee complaints shall so far as practicable be conducted during the employee's work hours to permit the employee time off from work with pay.

(6) The departmental complaint procedure shall culminate in a written decision by the chief executive or the chief executive's designee, whether the director or other appropriate authority who is assigned responsibility for making the final decision on the action being complained of.

(b) The internal complaint procedures shall be exhausted before an appeal is filed with the merit appeals board. If the appeal is not under the jurisdiction of the merit appeals board, but some other administrative agency or appellate body, the complainant is responsible for the timely filing of an appeal with the appropriate agency regardless of whether the internal complaint procedures under this section are used. [L 1955, c 274, pt of §1; RL 1955, §3-21(v); am L Sp 1959 2d, c 1, §11; HRS §76-42; gen ch 1985; am L 1994, c 56, §21; am L 2000, c 253, §24]
Haw. Rev. Stat. § 89C-6 — HI Code / Division 1 / Title 7 / Chapter 89C / Section 89C-6
Chapter takes precedence, when.
Status: in_force

Adjustments made in accordance with this chapter shall take precedence over all contrary local ordinances, executive orders, legislation, or rules adopted by the State or a county, or any department, agency, board, or commission thereof, including the personnel departments or the merit appeals boards.
Haw. Rev. Stat. § 78-31 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-31
Paid leave; education of children.
Status: in_force

Employees shall be eligible for up to two hours of paid leave during normal business hours to attend either:

(1) A mutually-scheduled parent-teacher conference for the employee's child attending a public or private school in grades kindergarten through twelve; or

(2) A mutually-scheduled parent-caregiver conference for a preschool-aged child attending a licensed group child care center, as defined under section 346-151;

provided that the time-off shall not be credited against vacation or sick leave benefits, if any; and provided further that the provision of paid leave shall not adversely interfere with the operations of the work unit nor require the applicable agency to incur additional human resources or overtime costs.

The employee shall take no more than two mutually-scheduled conferences, per child, in a single calendar year. Travel time shall be included as part of the two hours permitted for each conference. [L 2003, c 108, §1; am L 2004, c 194, §1]
Haw. Rev. Stat. § 88F-6 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-6
Deferred funds.
Status: in_force

Sums deferred under the plan, as well as property and rights purchased with the amounts and income attributable to the amounts, shall be held in trust outside the state treasury in accordance with section 457 of the Internal Revenue Code of 1986, as amended, for the exclusive benefit of participants and their beneficiaries.
Haw. Rev. Stat. § 84-37 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-37
Concurrent jurisdiction.
Status: in_force

Notwithstanding any provision contained herein, pursuant to article III, section 12 of the constitution of the State of Hawaii each house of the legislature may prescribe further rules of conduct covering its members and may investigate and discipline a member for any violation of its rules or the code of ethics.
Haw. Rev. Stat. § 76-5 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-5
Alternatives in providing human resources program services.
Status: in_force

(a) Whenever consistent with economic and efficient administration, the director may delegate the performance of services under this chapter to the departments. The departments shall perform the services in compliance with any policies, standards, and procedures issued by the director. The delegation may be withdrawn at any time as determined by the director.

(b) Whenever consistent with economic and efficient administration and upon the recommendation of its director, the chief executive may decentralize powers of the director under this chapter, except for rulemaking, to an appointing authority. The appointing authority shall exercise the powers, including the issuance of policies, standards, and procedures that would apply to the department or agency. Accountability for all actions taken by the appointing authority or any subordinate employee, as a result of empowerment by the chief executive, shall rest with the appointing authority to the same extent as though the action had been taken by the director.

(c) Whenever consistent with economic and efficient administration, a jurisdiction, if authorized by rules of the jurisdiction, may enter into agreements on furnishing services and facilities for human resources. The human resource services furnished under an agreement on behalf of a jurisdiction shall be as fully effective as though these services had been performed by the jurisdiction. The agreements may provide for reciprocity or reimbursement from authorized funds for the value of the services and facilities for human resources furnished. If authorized by the legislature, an agreement on furnishing services and facilities for human resources may be with a private entity and shall be subject to any requirements and parameters set by the legislature or the respective legislative body, as applicable.

(d) When determining how human resource services are to be provided for the state executive branch, consideration shall be given to options, such as restructuring the work force in conjunction with providing affected employees the option of electing a voluntary severance benefit or an early retirement incentive, or initiating a reduction-in-force.

(e) Whenever human resource services are delegated, decentralized, or performed by agreements as authorized in this section, the director shall institute and maintain a system of inspection to determine that the personnel laws and rules are applied and administered by the departments in a manner consistent with the provisions of this chapter. In the event of any failure to comply with the provisions of this chapter, the director shall take or recommend appropriate action. Such action may include requiring immediate correction be taken, retracting the delegation of authority, recommending cessation of decentralization, or terminating an agreement for human resource services. [L 1955, c 274, pt of §1; RL 1955, §3-5; am L Sp 1959 2d, c 1, §11; HRS §76-5; am L 1977, c 159, §4; am L 1994, c 56, §6; am L 1996, c 262, §8; am L 1997, c 2, §2; am L 2000, c 253, §6]
Haw. Rev. Stat. § 84-42 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-42
Mandatory ethics training course.
Status: in_force

(a) Legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, executive department heads and deputies, and every other person whose financial disclosure statement is a public record pursuant to section 84-17(d) shall complete a live ethics training course administered by the state ethics commission within ninety days of taking office and at least once every four years thereafter.

(b) All other employees shall complete either a live or an online ethics training course developed pursuant to section 84-43(c) and administered by the state ethics commission within ninety days of becoming an employee and at least once every four years thereafter. [L 2004, c 198, pt of §1; am L 2022, c 165, §2]
Haw. Rev. Stat. § 88F-11 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-11
Costs of the plan.
Status: in_force

Costs for implementing and administering the plan shall be borne by the plan and its participants, except for incidental expenses, such as the cost of payroll deductions and the routine processing of forms.
Haw. Rev. Stat. § 78-2.7 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-2.7
Criminal history record checks.
Status: in_force

(a) The State or any of its branches, political subdivisions, or agencies shall develop standards and procedures to ensure the reputable and responsible character of applicants and employees, which shall include criminal history record checks in accordance with section 846-2.7.

(b) The State or any of its branches, political subdivisions, or agencies shall obtain criminal history information through the Hawaii criminal justice data center on an applicant for a position that has the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment; provided that:

(1) The information obtained shall be used exclusively for the purpose of determining whether a person is suitable for working in close proximity with children, dependent adults, or persons committed to a correctional facility;

(2) The use of the information shall be subject to those federal laws and regulations as may be now or hereafter adopted; and

(3) The Hawaii criminal justice data center may assess applicants a reasonable fee for each criminal history record check conducted.

(c) The State or any of its branches, political subdivisions, or agencies may deny employment on the basis of criminal conviction in accordance with applicable laws and regulations as follows:

(1) For positions with contact with children or dependent adults, if it finds that the applicant has been convicted of a crime and that by reason of the nature and circumstances of the crime, the applicant poses a risk to the health, safety, or well-being of children or dependent adults; and

(2) For positions with contact with persons committed to a correctional facility, if it finds that the applicant has been convicted of a crime other than a minor traffic violation involving a fine of $50 or less and because of the nature of the conviction, the applicant poses a risk to the health, safety, security, or well-being of persons committed to a correctional facility, the correctional facility's staff, or the public at large.

Nothing in this subsection prohibits the State or any of its branches, political subdivisions, or agencies from denying employment for other reasons as permitted by applicable laws and regulations.

(d) For purposes of implementing this section:

(1) For employees holding positions with contact with children or dependent adults on May 28, 2003, no employee who has been continuously employed on a salaried basis prior to July 1, 1990, shall be subject to a criminal history record check for the position held on May 28, 2003;

(2) For employees holding positions with contact with persons committed to a correctional facility on May 28, 2003, no employee shall be terminated based on convictions in the criminal history record check except those convictions occurring after July 1, 1990, or under circumstances in which the employee is a fugitive from justice; and

(3) Nothing in this section shall abrogate an employee's rights under collective bargaining to appeal a termination of employment.

(e) As used in this section:

"Applicant" means a person who is applying for a position whose duties, location, work site, or assignments place that person in the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require a criminal history record check as a condition of employment.

"Employee" means a person holding a position whose duties, location, work site, or assignments place that person in the same type of contact with children, dependent adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require a criminal history record check as a condition of employment.

"Public employees who hold positions that are authorized by law" means a public employee whose position requires a criminal history record check as a condition of employment and the authorization for the criminal history record check is not provided by this section. [L 2003, c 95, §2]

Revision Note

"May 28, 2003" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 90D-1 — HI Code / Division 1 / Title 7 / Chapter 90D / Section 90D-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Commission" means the [commission for national and community service]. [L 2002, c 88, pt of §1]
Haw. Rev. Stat. § 88-82 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-82
Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs.
Status: in_force

(a) A member or applicant who is not satisfied with the preliminary decision of the board to grant or deny an application for disability retirement benefits or accidental death benefits based on the certifications and findings of the medical board may file a petition for contested case hearing with the board within sixty days after receiving written notification of the preliminary decision of the board.

(b) If the member or applicant is the prevailing party in the contested case, and disability retirement or accidental death benefits are awarded to the member or applicant by the board or court of the appropriate jurisdiction under section 88-75, 88-79, 88-85, 88-284, 88-285, 88-286(c), 88-334, 88-336, or 88-339, the member or applicant shall be paid reasonable attorney's fees together with any costs payable by the system. The attorney's fees and costs shall be subject to the approval of the board or approval by a court of appropriate jurisdiction after evidence has been provided by the member or applicant regarding the reasonableness of the claimed attorney's fees and costs. [L 1964, c 53, pt of §2; Supp, pt of §6-68.5; am L 1967, c 173, §1; pt of HRS §88-73; am L 1969, c 110, pt of §1; am L 1989, c 114, §1; am L 1998, c 151, §8; am L 2004, c 179, §11; am L 2009, c 121, §2]
Haw. Rev. Stat. § 88-74.8 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-74.8
[ §88-74.
Status: in_force

[ §88-74.8] Forfeiture of benefits; felony convictions. (a) If a member, former member, or retirant is convicted of a felony and the court finds that, by a preponderance of the evidence, the felony is related to the employment of the member, former member, or retirant by the State or any county, the court may decree pursuant to section 706-605(8), a civil penalty of forfeiture by the member, former member, or retirant of one-half of any:

(1) Interest;

(2) Hypothetical account balance in excess of the amount representing any employee contributions made by or on behalf of the member, former member, or retirant;

(3) Pension;

(4) Annuity; or

(5) Retirement allowance,

to which the member, former member, or retirant may otherwise be entitled under this chapter; provided that upon the death of the member, former member, or retirant, the designated beneficiary of the member, former member, or retirant may receive the reduced benefits to which the member, former member, or retirant would be entitled under this section; provided further that a designated beneficiary who is also convicted of a felony based on the same set of circumstances as the member, former member, or retirant who were subject to civil penalty under this section, shall not receive any benefits.

(b) Upon receipt of a certified copy of the order decreeing forfeiture, the system shall comply with the order and shall reduce, suspend, or deny payment to the member, former member, retirant, or designated beneficiary, if applicable, as provided in the order until such time as the system receives a certified order to:

(1) Increase, resume, or make payments to the member, former member, retirant, or designated beneficiary; or

(2) Quash or reverse the decree of forfeiture.

The system shall not be required to make inquiry into the propriety of the order decreeing forfeiture or recoup any payments made to the member, former member, retirant, or designated beneficiary prior to receipt by the system of the order decreeing forfeiture.

(c) For the purposes of this section, a felony is "related to the employment" of an employee of the State or a county if the employee uses or attempts to use the employee's official position to commit the felony, including:

(1) Felonies in which state or county time, equipment, or other facilities are used in the commission of the felony;

(2) Bribery;

(3) Embezzlement, theft, or other unlawful taking, receiving, retaining, or failing to account properly for, any property or funds that belong to the State or any county, or any department, bureau, board, or other agency thereof; or

(4) Felonies committed against a person over whom the employee, in the course of the employee's duties, exercises custody or supervision.

(d) This section shall not impair or diminish benefits accrued prior to June 24, 2021.

(e) This section shall not apply to felonies committed prior to June 24, 2021.

(f) This section shall not apply to accrued retirement benefits that are non-forfeitable pursuant to sections 88-73(f), 88-281(g), and 88-331(f). [L 2021, c 84, §1]

Revision Note

In subsections (d) and (e), "June 24, 2021" substituted for "the effective date of Act [84], Session Laws of Hawaii 2021" pursuant to §23G-15.
Haw. Rev. Stat. § 78-24 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-24
Injured employee; liability of third persons.
Status: in_force

(a) Whenever any police officer, firefighter, or any other officer or employee who is temporarily exposed to unusually hazardous conditions, or who is a member of a class, recognized by the action of pricing, to be a class exposed to unusually hazardous conditions, receives personal injury arising out of and in the performance of duty and without negligence on the employee's part, the employee shall be placed on accidental injury leave unless suspended or discharged for cause. The employee shall be continued on the department's payroll, as though the employee did not sustain an industrial injury, as follows:

(1) During the first four months of the disability, at the employee's full regular monthly salary; and

(2) Thereafter, during the period of total disability from work at sixty per cent of the employee's regular monthly salary.

The employee shall be entitled to all rights and remedies allowed under chapter 386; provided that any salary paid under this section shall be applied on account of any compensation allowed under chapter 386 or any benefits awarded under part III of chapter 88 to the employee.

(b) When the employer pays benefits to or incurs medical expenses on behalf of any of its employees under this section for any injury sustained under circumstances creating in some person or entity other than the employer a legal liability to pay damages in respect thereto, the employer or the employee may proceed against such third persons and recover all payments made, paid, or due under this section. The employer or employee shall have all of the rights and remedies contained in or provided for under section 386-8. [L 2000, c 253, pt of §74]
Haw. Rev. Stat. § 76-75 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-75
Personnel director.
Status: in_force

The merit appeals board shall appoint and may at pleasure remove a personnel director, who shall be the chief administrative officer of the department of civil service. The director shall, at the time of the director's appointment, and thereafter, be thoroughly familiar with the principles and methods of personnel administration and shall believe in applying merit principles and scientific administrative methods to public personnel administration.
Haw. Rev. Stat. § 78-30 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-30
Cafeteria plans.
Status: in_force

(a) Each chief executive may establish a wage and salary reduction benefit program which qualifies as a cafeteria plan within the meaning of section 125 of the Internal Revenue Code of 1986, as amended. The cafeteria plan shall allow eligible employees to elect to reduce their pretax compensation in return for payment by the jurisdiction of the expenses of eligible benefits.

(b) In addition to any other powers and duties authorized by law, each chief executive may enter into all contracts necessary to establish, administer, or maintain the cafeteria plans.

(c) The contributions, interest earned, and forfeited participant balances may be held in trust outside of the jurisdiction's treasury for the benefit of the participants and the plan. The funds in trust shall not be subject to the jurisdiction's general creditors. Interest earned or forfeited participant balances may be used to defray participant fees and other administrative costs. [L 2000, c 253, pt of §74]
Haw. Rev. Stat. § 88-91 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-91
Exemption from taxation and execution.
Status: in_force

The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit, any other right accrued or accruing to any person under this part and the moneys in the various funds created under this part are exempted from any tax of the State and, except as provided in sections 88-92 and 88-93.5, shall not be subject to execution, garnishment or any other process and shall be unassignable except as in this part specifically provided.
Haw. Rev. Stat. § 78-26 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-26
Leave sharing program.
Status: in_force

(a) The legislature, with regard to its employees, or the chief executive of a jurisdiction may establish a leave sharing program to allow employees to donate accumulated vacation leave credits to another employee within the same jurisdiction who has a serious personal illness or injury or who has a family member who has a serious personal illness or injury. The program shall allow employees who are not entitled to vacation leave to donate accumulated sick leave credits.

(b) The legislature, with regard to its employees, or the director of a jurisdiction desiring to establish a leave sharing program shall develop rules governing donors, recipients, and an approval process that ensures fair treatment and freedom from coercion of employees and imposes no undue hardship on the employer's operations. If it is administratively infeasible to allow leave sharing between different departments or different bargaining units, the rules may limit leave sharing to employees within the same department or same bargaining unit, as necessary. At a minimum, the rules shall require that an eligible recipient must have:

(1) No less than six months of service within the respective jurisdiction;

(2) Exhausted or is about to exhaust all vacation leave, sick leave, and compensatory time credits; provided that sick leave need not be exhausted when the illness or injury involves a family member;

(3) A personal illness or injury or a family member's illness or injury certified by a competent medical examiner as being serious and the cause of the recipient's inability to work; provided that the illness or injury is not covered under chapter 386 or, if covered, all benefits under chapter 386 have been exhausted; and

(4) No disciplinary record of sick leave abuse within the past two years.

Notwithstanding the requirements of chapter 91, the legislature may establish a leave sharing program for legislative employees, in accordance with this section, under policies adopted separately by each house of the legislature and each legislative service agency, or jointly by any combination of entities thereof. [L 2000, c 253, pt of §74; am L 2001, c 37, §2]
Haw. Rev. Stat. § 76-18 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-18
Examinations.
Status: in_force

There shall be examinations for testing the fitness and ability of applicants for positions in civil service. The director shall adopt rules to administer the examination programs.
Haw. Rev. Stat. § 88-158 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-158
Disability retirement benefits.
Status: in_force

Whenever any member of the police force, fire department, or band of any county shall, on examination by the medical board provided for in section 88-155, be found to be disabled physically or mentally because of any injury received or disease contracted while in the performance of the member's duty so as to render necessary the member's retirement from the service on the police force, fire department, or band of the county, then the board of trustees shall authorize a monthly payment to the person from the pension system of a sum equal to not less than one-quarter nor more than three-quarters of the person's average monthly compensation for the ten years (or less, if the person has had less than ten years) of the person's service, as defined in section 88-166, immediately preceding the person's adjudication of disability by the medical board.
Haw. Rev. Stat. § 76-47 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-47
Merit appeals boards; appointment, authority, procedures.
Status: in_force

(a) Each jurisdiction shall establish a merit appeals board that shall have exclusive authority to hear and decide appeals relating to matters set forth in section 76-14 concerning the civil service of the jurisdiction.

(b) Members of the merit appeals board shall be persons that can objectively apply the merit principle to public employment. Other qualifications of board members and other matters pertaining to the establishment of the merit appeals board, whether composition of the board, manner of appointment, term of office, limitation on terms, chairperson, removal of members, and name for its merit appeals board, shall be left to the determination of each jurisdiction based on its own preferences and needs. A jurisdiction may continue to use its civil service commission or appeals board, with or without modification, as its merit appeals board to assume all of the functions and responsibilities under section 76-14; provided that the merit appeals board for the State shall be as provided in section 26-5.

(c) The merit appeals board shall adopt rules of practice and procedure consistent with section 76-14 and in accordance with chapter 91, except that, in the case of the judiciary and the Hawaii health systems corporation, the adoption, amendment, or repeal of rules shall be subject to the approval of their respective chief executives. The rules shall recognize that the merit appeals board shall sit as an appellate body and that matters of policy, methodology, and administration are left for determination by the director. The rules may provide for the sharing of specific expenses among the parties that are directly incurred as a result of an appeal as the merit appeals board deems would be equitable and appropriate, including but not limited to expenses for transcription costs or for services, including traveling and per diem costs, provided by persons other than the board members or permanent staff of the board. Official business of the merit appeals board shall be conducted in meetings open to the public, except as provided in chapter 92.

(d) Whenever the board determines that mediation may result in a satisfactory resolution of an appeal, may narrow the issues on appeal, or otherwise expedite a decision, the board may require the parties to submit the issues to mediation, which shall not be subject to chapter 92. Mediation may be provided by any member or members of the merit appeals board or by a public or nonprofit agency which offers mediation or similar services for resolving or narrowing differences among the parties.

(e) Any civil service employee, who is suspended, discharged, or demoted and who is not included in an appropriate bargaining unit under section 89-6, may appeal to the merit appeals board within twenty days after a final decision is made under the internal complaint procedures.

Upon the appeal, both the appealing employee and the appointing authority shall have the right to be heard publicly, present evidence and be represented by counsel, who shall have the right to examine and cross-examine witnesses. At the hearing technical rules of evidence shall not apply and the evidence shall be taken stenographically or recorded by machine. For the purpose of hearing the appeals fairly and expeditiously, the board may at any time appoint a competent and qualified disinterested person to act as its hearing officer. The hearing officer shall hear the matter in the same manner as if it were before the board and upon the conclusion of the hearing, shall report the hearing officer's findings of fact and the hearing officer's conclusions and recommendations based thereon to the board and to the employee. The board shall render the final decision in accordance with section 91-11.

If the board finds that the reasons for the action are not substantiated in any material respect, the board shall order that the employee be reinstated in the employee's position, without loss of pay, but if the board finds that the reasons are substantiated or are only partially substantiated, the board shall sustain the action of the appointing authority, provided that the board may modify the action of the appointing authority if it finds the circumstances of the case so require and may thereupon order such disposition of the case as it may deem just.

The findings and decisions of the board shall be final on all appeals, unless an appeal is taken as provided in chapter 91.

Notwithstanding any other law to the contrary, when an appeal hearing is before a merit appeals board of a county or the city and county of Honolulu, the attorney general shall be counsel for the board and the county attorney or corporation counsel shall be counsel for the appointing authority. If, however, an appeal hearing is before the state merit appeals board, the attorney general shall be counsel for the appointing authority and the county attorney or corporation counsel of the county, including the city and county of Honolulu, in which the appeal hearing is being conducted shall be counsel for the state merit appeals board.

Notwithstanding any other law to the contrary, when the decision and order of the merit appeals board of a county or the city and county of Honolulu, is appealed as provided in chapter 91, the attorney general shall be counsel for the board and the county attorney or corporation counsel shall be counsel for the appointing authority. When the decision and order of the state merit appeals board is appealed as provided in chapter 91, the attorney general shall be counsel for the appointing authority and the county attorney or corporation counsel of the county, including the city and county of Honolulu, in which the chapter 91 appeal is being conducted, shall be counsel for the state merit appeals board. [L 1955, c 274, pt of §1; RL 1955, §3-25; am L 1957, c 65, §1 and c 207, §1(c); am L 1965, c 96, §2; am L 1967, c 52, §2; HRS §76-47; am L 1970, c 119, §1; gen ch 1985; am L 1994, c 166, §1; am L 2000, c 253, §28]
Haw. Rev. Stat. § 88-163 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-163
Death benefits: funeral expenses; payments to dependents.
Status: in_force

(a) Upon the death of any member of the police force, fire department, or band, as a result of any injury received or disease contracted while in the performance of his duty, or when entitled to a pension under this part or who has been pensioned under this part there shall be paid, for funeral expenses, a sum not to exceed $100. Should the deceased member leave a dependent widow or reciprocal beneficiary and a child or children under the age of eighteen years, then there shall be paid out of the system $50 per month to the widow until her death or remarriage or to the reciprocal beneficiary until death, marriage, or entry into a new reciprocal beneficiary relationship and $7.50 per month to the widow or reciprocal beneficiary for each child so long as the child shall reside with the widow or reciprocal beneficiary or is supported by the widow or reciprocal beneficiary. Upon the death of such widow or reciprocal beneficiary, or in the event the deceased member leaves no widow or reciprocal beneficiary but a child or children under the age of eighteen years, then there shall be paid out of the system $50 per month to the child or children of the deceased member under the age of eighteen years with each child, if there be more than one, receiving an equal share of the $50 per month payment plus $7.50 per month. All payments to a child of a deceased member provided for herein shall cease when he or she arrives at the age of eighteen years.

(b) If any member of the police force, fire department or band, dies not leaving a widow or reciprocal beneficiary, but leaving a father or mother dependent upon him, the father or mother (but not both) shall, upon satisfactory proof of dependency being made to the board of trustees receive from the system a sum not exceeding $50 per month. The board shall determine whether the father or mother is dependent and how much of the amount herein provided for shall be paid to him or her. If there be no widow or reciprocal beneficiary and no child and no father or mother, but dependent brothers or sisters, then such pension shall be paid to them in such sums as shall not exceed the aggregate amount of $30 per month. All pensions authorized as provided in this subsection shall be subject to reduction by the board of trustees whenever, in its judgment, circumstances make it reasonable, fair, or necessary. All pensions so reduced may thereafter be restored or further reduced as the board may deem best.

(c) On the remarriage of any widow or reciprocal beneficiary entitled to the benefits of any sum, or in the event of any father or mother, brothers or sisters ceasing to be dependents then the payments to them shall cease. [L 1917, c 220, pt of §3; am L 1923, c 99, §1 and pt of §2; RL 1925, pt of §2163; am L 1929, c 9, pt of §1; am L 1931, c 144, §1; RL 1935, pt of §7905; am L 1939, c 86, §2; RL 1945, pt of §6173; RL 1955, §6-143; am L 1963, c 65, §2b, j; am L 1967, c 141, §1; HRS §88-163; am L 1997, c 383, §31]
Haw. Rev. Stat. § 88-54.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-54.5
Service while a member of the board of trustees of the office of Hawaiian affairs.
Status: in_force

Notwithstanding any provisions of section 10-9 that may previously have precluded a member of the board of trustees of the office of Hawaiian affairs from participating as a member of the employees' retirement system:

(1) Any trustee of the office of Hawaiian affairs in service on July 1, 2002, may become a member in accordance with section 88-43 by October 1, 2002;

(2) Any trustee of the office of Hawaiian affairs elected or appointed after July 1, 2002, shall become a member or elect to be excluded from membership in the system in accordance with section 88-42.6;

(3) Any service as a trustee of the office of Hawaiian affairs during the period of July 1, 1993, through July 1, 2002, if claimed by the member, shall be credited in the member's class at the time the service is acquired; provided that membership service shall be credited in accordance with sections 88-59, 88-272, and 88-324; and

(4) Any former trustee of the office of Hawaiian affairs who retired from service prior to July 1, 2002, shall not be entitled to claim membership service as a trustee during the period July 1, 1993, through June 30, 2002. [L 2002, c 183, §2; am L 2004, c 179, §7; am L 2008, c 47, §6]
Haw. Rev. Stat. § 89-3 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-3
Rights of employees.
Status: in_force

Employees shall have the right of self-organization and the right to form, join, or assist any employee organization for the purpose of bargaining collectively through representatives of their own choosing on questions of wages, hours, and other terms and conditions of employment, and to engage in lawful, concerted activities for the purpose of collective bargaining or other mutual aid or protection, free from interference, restraint, or coercion. An employee shall have the right to refrain from any or all of such activities, except for having a payroll deduction equivalent to regular dues remitted to an exclusive representative as provided in section 89-4.
Haw. Rev. Stat. § 88-154 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-154
Officers of the board; duties.
Status: in_force

The county clerk shall ex officio be the secretary of the board of trustees and shall keep in a separate book a true and correct account of the proceedings of the board. The county attorney shall be the legal adviser of the board. The treasurer of the county shall ex officio be the treasurer of the board. The auditor of the county shall audit all accounts of the pension system and shall draw all warrants payable therefrom, which warrants shall be drawn only upon the order of a majority vote of the three members of the board, which order shall be certified to by the chairman and one other member of the board. The treasurer shall collect all moneys belonging to the system, shall have the custody of all its notes, bonds, and other securities, if any, and shall collect the principal and interest of the same, and he shall be liable on his bond as treasurer for the faithful accounting of all moneys and securities which may come into his hands belonging to the system. The treasurer shall, upon the expiration of his term of office, account to the board for all moneys, notes, bonds, and other securities coming into his hands and the proceeds of the same, and turn over to his successor in the office of treasurer all moneys, notes, and other securities belonging to the system remaining in his hands.
Haw. Rev. Stat. § 88-75 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-75
Ordinary disability retirement.
Status: in_force

(a) Under rules the board of trustees may adopt, upon application of a member in service or on leave without pay, or the person appointed by the family court as guardian of an incapacitated member, any member who has ten or more years of credited service shall be retired by the system on an ordinary disability retirement allowance if the medical board or other entity designated by the board of trustees, after a medical examination of the member, certifies that:

(1) The member is mentally or physically incapacitated for the further performance of duty at the time of application;

(2) The incapacity is likely to be permanent; and

(3) The member should be retired.

(b) Upon approval by the system, the member shall be eligible to receive an ordinary disability retirement benefit no earlier than thirty days from the date the application was filed or the date the member terminated service, whichever is later. Retirement shall be effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed. A member whose application for an ordinary disability retirement allowance is approved by the system while the member is still in service may terminate service and retire at any time following the approval; provided that retirement shall become effective on the first day of the month following the month the applicant terminates employment or goes off the payroll, except for the month of December when retirement on the first or last day of the month shall be allowed. [L 1925, c 55, §6(3); RL 1935, pt of §7925; RL 1945, §708, subs 3; am L 1951, c 158, §1(a); RL 1955, §6-44; HRS §88-65; am L 1969, c 110, pt of §1; am L 1971, c 157, §1; am L 1973, c 37, §1; gen ch 1985; am L 1997, c 212, §1; am L 2002, c 128, §5; am L 2006, c 185, §2; am L 2009, c 121, §1; am L 2017, c 17, §3]
Haw. Rev. Stat. § 88-88 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-88
Adjustment of retirement allowances of retirants.
Status: in_force

The retirement allowance of any class A member whose allowance was reduced by reason of social security coverage subsequent to December31, 1955, shall be increased by the amount of such reduction; provided that the increase shall be limited to 1/280 of that part of the class A member's average final compensation not in excess of $4,200 per annum multiplied by the number of years of the class A member's creditable service rendered between January1, 1956, and January1, 1965, for which the class A member received compensation covered by social security, and provided that in the case of a member who retired on a service-connected disability retirement the increase shall be limited to 16 and 2/3 per cent of that part of the member's average final compensation not in excess of $4,200 per year.
Haw. Rev. Stat. § 89C-3 — HI Code / Division 1 / Title 7 / Chapter 89C / Section 89C-3
Adjustments for excluded civil service employees.
Status: in_force

(a) Each jurisdiction shall provide adjustments for its respective excluded civil service employees based on recommendations from its respective personnel director.

(b) In formulating recommendations to the appropriate authority, the respective director shall:

(1) Establish procedures that allow excluded civil service employees and employee organizations representing them to provide input on adjustments that are relevant and important to them for the director's approval;

(2) Ensure that adjustments for excluded civil service employees result in compensation and benefit packages that are at least equal to the compensation and benefit packages provided under collective bargaining agreements for counterparts and subordinates within the employer's jurisdiction; and

(3) Ensure that proposed adjustments are consistent with chapter 76 and equivalent or not less than adjustments provided within the employer's jurisdiction. [L 1978, c 197, pt of §2; am L 1994, c 56, §16; am L 2000, c 253, §108; am L Sp 2005, c 2, §1]
Haw. Rev. Stat. § 76-14 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-14
Merit appeals board; duties, and jurisdiction.
Status: in_force

(a) The merit appeals board of each jurisdiction shall decide appeals from any action under this chapter taken by the chief executive, the director, an appointing authority, or a designee acting on behalf of one of these individuals, relating to:

(1) Recruitment and examination;

(2) Classification and reclassification of a particular position, including denial or loss of promotional opportunity or demotion due to reclassification of positions in a reorganization;

(3) Initial pricing of classes; and

(4) Other employment actions under this chapter, including disciplinary actions and adverse actions for failure to meet performance requirements, taken against civil service employees who are excluded from collective bargaining coverage under section 89-6.

(b) Any person suffering legal wrong by an action under subsection (a)(1) or aggrieved by such action shall be entitled to appeal to the merit appeals board. Any employee covered by chapter 76 suffering legal wrong by an action under subsection (a)(2) or (3) shall be entitled to appeal to the merit appeals board. Only employees covered by chapter 76, who are excluded from collective bargaining, suffering legal wrong by an action under subsection (a)(4) shall be entitled to appeal to the merit appeals board. Appeals under this section shall be filed within time limits and in the manner provided by rules of the merit appeals board.

(c) The rules adopted by the merit appeals board shall provide for the following:

(1) The merit appeals board shall not act on an appeal, but shall defer to other authority, if the action complained of constitutes a prohibited act that is subject to the jurisdiction of another appellate body or administrative agency or the grievance procedure under a collective bargaining agreement;

(2) The merit appeals board shall not proceed on an appeal or shall hold proceedings in abeyance if there is any controversy regarding its authority to hear the appeal until the controversy is resolved by the Hawaii labor relations board;

(3) The merit appeals board shall prescribe time limits for filing an appeal that require exhaustion of all internal complaint procedures, including administrative review and departmental complaint procedures, before an appeal is filed; and

(4) The merit appeals board shall use the conditions listed in section 76-41(b) in reaching a decision on whether actions taken by the appointing authority based on a failure by the employee to meet the performance requirements of the employee's position is with or without merit.

(d) Notwithstanding the provisions of this section, the merit appeals board shall have the authority to hear and decide appeals pending before the state civil service commission as of June 30, 2002, in accordance with the jurisdictional requirements and procedures applicable to the state civil service commission as of June 30, 2002.

(e) This section shall be construed liberally to determine whether the appeal falls within the jurisdiction of the merit appeals board. [L 1955, c 274, pt of §1; RL 1955, pt of §3-17; am L Sp 1959 2d, c 1, §11; HRS §76-14; am L 1994, c 56, §21; am L 2000, c 253, §12; am L 2001, c 123, §10; am L 2005, c 34, §1]
Haw. Rev. Stat. § 84-3 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-3
Definitions.
Status: in_force

§84-3 Definitions.

"Business" includes a corporation, a partnership, a sole proprietorship, a trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit.

"Compensation" means any money, thing of value, or economic benefit conferred on or received by any person in return for services rendered or to be rendered by oneself or another.

"Controlling interest" means an interest in a business or other undertaking which is sufficient in fact to control, whether the interest be greater or less than fifty per cent.

"Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices and judges.

"Employment" means any rendering of services for compensation.

"Financial interest" means an interest held by an individual, the individual's spouse, or dependent children which is:

(1) An ownership interest in a business.

(2) A creditor interest in an insolvent business.

(3) An employment, or prospective employment for which negotiations have begun.

(4) An ownership interest in real or personal property.

(5) A loan or other debtor interest.

(6) A directorship or officership in a business.

"Official act" or "official action" means a decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority.

"Official authority" includes administrative or legislative powers of decision, recommendation, approval, disapproval, or other discretionary action.

"State agency" includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices, the University of Hawaii, and all independent commissions and other establishments of the state government but excluding the courts.

"Task force" means a group convened by resolution, statute, executive order, proclamation, or by invitation of the legislature, governor, or another state officer, to study a specific subject or issue, for a specific defined period of time, and to report to, offer a recommendation to, or advise the legislature, governor, or a state officer. [L 1972, c 163, pt of §1; am L 1978, c 245, §1; am L 1979, c 91, §4; gen ch 1985; am L 2012, c 208, §2]

Revision Note
Haw. Rev. Stat. § 88-54 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-54
Service while legislative employee.
Status: in_force

Any member who takes a leave of absence to be employed by the legislature during any legislative session shall be entitled to all benefits and required to make all employee contributions under the system for the period during which such employee worked for the legislature; provided that the contributions shall be made on the same basis as would have been required had the employee not been on leave of absence.
Haw. Rev. Stat. § 88F-12 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-12
County deferred compensation retirement plan for part-time, temporary, and seasonal or casual employees.
Status: in_force

A county may enter into a formal agreement with the State to extend the State's deferred compensation retirement plan and its provisions to part-time, temporary, and seasonal or casual employees of the county or establish a deferred compensation retirement plan independently in accordance with sections 457 and 3121 of the Internal Revenue Code of 1986, as amended, for their respective part-time, temporary, and seasonal or casual employees. A plan so established under this section need not be subject to the other provisions of this chapter, but shall be in compliance with applicable federal laws and regulations. A plan established by a county under this section shall be the sole responsibility of and administered by that county. The board shall not be responsible or liable for any county plan established under this section.
Haw. Rev. Stat. § 76-28 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-28
Forms required of appointing authorities.
Status: in_force

Each director shall develop and administer an employment records management system and require appointing authorities to transmit such records as the director may request. Appointing authorities shall maintain records of all appointments, terminations of employment, transfers, resignations, suspensions, demotions, and discharges, other employment records and forms deemed appropriate by the director.
Haw. Rev. Stat. § 88-95 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-95
Withholding of dues and insurance premiums.
Status: in_force

A retirant or the retirant's surviving beneficiary shall have withheld from the retirant's or the retirant's surviving beneficiary's pension, annuity, or retirement allowance, payments to the employer-union health benefits trust fund and employee organizations for dues and insurance premiums.
Haw. Rev. Stat. § 88E-4 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-4
Composition of the board of trustees.
Status: in_force

The board of trustees shall consist of seven members as follows:

(1) The director of human resources development of the State or a designated representative, ex officio;

(2) The director of finance of the State or a designated representative, ex officio; and

(3) Five other persons, who shall be public employees and represent employee interests. [L Sp 1981 1st, c 7, pt of §1; am L 1988, c 287, §2; am L 1994, c 56, §21; am L 2010, c 65, §1]
Haw. Rev. Stat. § 88-85.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-85.5
Applications for accidental death benefits; approval by the system.
Status: in_force

(a) Under rules the board of trustees may adopt, an application for service-connected accidental death benefits may be filed with the system by or on behalf of the claimant pursuant to section 88-85, 88-286, or 88-339, on a form provided by the system. The application shall be filed no later than three years from the date of the member's death.

(b) After the claimant files an application for service-connected accidental death benefits, the system shall obtain the following:

(1) A copy of the employer's report of the accident submitted by the employer to the department of labor and industrial relations, workers' compensation division, and other reports relating to the accident;

(2) A certified statement from the head of the department in which the deceased member was employed, stating the date, time, and place of the accident, and the nature of the service being performed when the accident occurred. The statement shall also include an opinion as to whether or not the accident was the result of wilful negligence on the deceased member's part;

(3) A copy of the latest position description of the deceased member's duties and responsibilities;

(4) A certified copy of the death certificate; and

(5) A copy of an autopsy report, if performed.

(c) Upon the system's receipt of the application and documents specified in subsection (b), the medical board or other entity designated by the board of trustees shall determine and certify to the system whether the member's death was an accidental death as defined in section 88-21.

(d) The system may accept as conclusive as to whether or not the member's death was caused by wilful negligence on the part of the member:

(1) A certification made by the head of the agency in which the member is employed; or

(2) A finding by the medical board or other entity designated by the board of trustees.

(e) After the medical board or other entity designated by the board of trustees submits its certification to the system, the system shall approve or disapprove the application. Upon approval of an application, benefits shall be paid as provided in section 88-85, 88-286, or 88-339. [L 2000, c 215, §1; am L 2004, c 179, §14; am L 2006, c 169, §16; am L 2017, c 17, §6]
Haw. Rev. Stat. § 88E-5 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-5
Appointment and terms.
Status: in_force

Except for the directors of human resources development and finance, the members of the board shall be nominated and, by and with the advice and consent of the senate, appointed by the governor and shall serve terms of four years each; provided that of the trustees first appointed upon establishment of the board one shall be appointed for one year, one shall be appointed for two years, one shall be appointed for three years, and two shall be appointed for four years.

A vacancy on the board shall be filled by appointment of the governor. The person appointed to fill a vacancy shall serve for the remainder of the unexpired term. If by the end of a term a trustee is not reappointed or a successor is not appointed, the trustee shall serve until the trustee's successor is appointed.

Membership on the board shall not be deemed incompatible with the holding of any other public employment. [L Sp 1981 1st, c 7, pt of §1; gen ch 1985; am L 1994, c 56, §21]
Haw. Rev. Stat. § 78 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78
[ §78‑3.
Status: in_force

[ §78‑3.1] Whistleblowers; notice. (a) Upon receipt of any complaint made pursuant to section 378-70, the department of labor and industrial relations shall inform the complainant of the complainant's rights under the law.

(b) The department of labor and industrial relations shall prescribe the content and the posting of notices pertaining to the application of sections 378-70 and 396-8(e). [L 2011, c 166, §2]
Haw. Rev. Stat. § 88-44 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-44
Enrollment.
Status: in_force

Upon entering or reentering service, an employee shall file with the board such information as the board of trustees may require for enrollment and administrative purposes including a designation of a person or persons to receive any benefit that may be payable in the event of the employee's death.

An employee becoming a member of the system shall also present at such time and in such form as the board prescribes, evidence of the employee's date of birth. No statement or record of age or birth made or presented by a member of the system may be impeached by the member or the member's successors in interest. [L 1941, c 225, §1; RL 1945, §706; RL 1955, §6-27; am L 1963, c 127, §1; HRS §88-44; am L 1969, c 110, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 89-10 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-10
Written agreements; enforceability; cost items.
Status: in_force

(a) Any collective bargaining agreement reached between the employer and the exclusive representative shall be subject to ratification by the employees concerned, except for an agreement reached pursuant to an arbitration decision. Ratification is not required for other agreements effective during the term of the collective bargaining agreement, whether a supplemental agreement, an agreement on reopened items, or a memorandum of agreement, and any agreement to extend the term of the collective bargaining agreement. The agreement shall be reduced to writing and executed by both parties. Except for cost items and any non-cost items that are tied to or bargained against cost items, all provisions in the agreement that are in conformance with this chapter, including a grievance procedure and an impasse procedure culminating in an arbitration decision, shall be valid and enforceable and shall be effective as specified in the agreement, regardless of the requirements to submit cost items under this section and section 89-11.

(b) All cost items shall be subject to appropriations by the appropriate legislative bodies. The employer shall submit within ten days of the date on which the agreement is ratified by the employees concerned all cost items contained therein to the appropriate legislative bodies, except that if any cost items require appropriation by the state legislature and it is not in session at the time, the cost items shall be submitted for inclusion in the governor's next operating budget within ten days after the date on which the agreement is ratified. The state legislature or the legislative bodies of the counties acting in concert, as the case may be, may approve or reject the cost items submitted to them, as a whole. If the state legislature or the legislative body of any county rejects any of the cost items submitted to them, all cost items submitted shall be returned to the parties for further bargaining.

(c) Because effective and orderly operations of government are essential to the public, it is declared to be in the public interest that in the course of collective bargaining, the public employer and the exclusive representative for each bargaining unit shall by mutual agreement include provisions in the collective bargaining agreement for that bargaining unit for an expiration date which will be on June 30th of an odd-numbered year.

The parties may include provisions for reopening during the term of a collective bargaining agreement; provided that cost items as defined in section 89-2 shall be subject to the requirements of this section.

(d) Whenever there is a conflict between the collective bargaining agreement and any of the rules adopted by the employer, including civil service or other personnel policies, standards, and procedures, the terms of the agreement shall prevail; provided that the terms are not inconsistent with section 89-9(d).

Whenever there are provisions in a collective bargaining agreement concerning a matter under chapter 76 or 78 that is negotiable under chapter 89, the terms of the agreement shall prevail; provided that the terms are not inconsistent with section 89-9(d). [L 1970, c 171, pt of §2; am L 1975, c 162, §2; am L 1988, c 399, §1; am L 2000, c 253, §99; am L 2002, c 195, §1]
Haw. Rev. Stat. § 90D-2 — HI Code / Division 1 / Title 7 / Chapter 90D / Section 90D-2
Commission for national and community service; establishment.
Status: in_force

[§90D-2 Commission for national and community service; establishment.] There is established within the University of Hawaii, for administrative purposes only, the [commission for national and community service] to:

(1) Encourage community service and volunteer participation as a means of community and state problem-solving;

(2) Promote and support voluntary citizen involvement in government and private programs throughout the State;

(3) Develop a long-term, comprehensive vision and plan for action for community service initiatives in Hawaii; and

(4) Serve as the State’s liaison to national and state organizations that support its mission.

The establishment of this commission replaces the commission created by Executive Order 94-01. [L 2002, c 88, pt of §1]
Haw. Rev. Stat. § 88-12 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-12
Bonus; requirements, limitations.
Status: in_force

No retirement allowance or pension payable under the employees' retirement system shall be increased by any bonus for any retirant or beneficiary unless the person for whose service the pension is payable has had sufficient service to qualify for the minimum service retirement allowance except as provided in [paragraph] (1) of section 88-11; provided that this provision shall not operate to increase the pension of any person who was receiving a pensioner's bonus on July1, 1951, without having met the minimum service requirements but such person shall continue to receive the pension the person was receiving on June30, 1955.
Haw. Rev. Stat. § 76-104 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-104
§§76-104 to 106 REPEALED.
Status: repealed

§§76-104 to 106 REPEALED. L 2001, c 123, §§6 to 8.
Haw. Rev. Stat. § 88F-1 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-1
Definitions.
Status: in_force

As used in this chapter, unless the context clearly indicates otherwise:

"County" means the counties of Honolulu, Hawaii, Kauai, and Maui.

"Employee" means a part-time, temporary, seasonal or casual employee, as defined by rules of the board of trustees, who is not eligible to participate in the employees' retirement system of the State under chapter 88.

"State" means the State of Hawaii. [L 1996, c 212, pt of §2]
Haw. Rev. Stat. § 88-43 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-43
Persons ineligible for membership.
Status: in_force

Except with respect to faculty members or lecturers employed on one or more campuses of the University of Hawaii who hold multiple part-time appointments or positions, in such capacities, any of which may be less than one-half of a full-time equivalent but all of which, when added together, aggregate to at least one-half of a full-time equivalent position, the board may deny membership to any class of part-time employees or persons engaged in temporary employment of three months or less; provided that no officer or employee entering service after January 1, 1928, who is entitled to become a member of any pension system under part III shall be entitled to become a member of the system.
Haw. Rev. Stat. § 88-116 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-116
Expense fund.
Status: in_force

The expense fund shall be the fund to which shall be credited all money to pay the administration expenses of the system, and from which shall be paid all the expenses necessary in connection with the administration and operation of the system. Biennially, the board of trustees shall estimate the amount of money necessary to be paid into the expense fund during the ensuing biennium to provide for the expense of operation of the system, and shall pay that amount into the expense account from the investment earnings of the system, subject to review by the legislature and approval by the governor.
Haw. Rev. Stat. § 88-15 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-15
Bonus; waiver by veteran.
Status: in_force

Any veteran who may qualify for a nonservice-connected pension through the Department of Veterans Affairs may waive any portion or all of the benefits that the veteran may receive under sections 88-11 to 88-16.
Haw. Rev. Stat. § 88E-11 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-11
Limitation on liability.
Status: in_force

The State or county shall not be liable for the sums deferred or the results of any investment product. [L Sp 1981 1st, c 7, pt of §1]
Haw. Rev. Stat. § 89-8.5 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-8.5
Negotiating authority; Hawaii health systems corporation.
Status: in_force

Notwithstanding any law to the contrary, including section 89-6(d), the Hawaii health systems corporation or any of the regional boards, as a sole employer negotiator, may negotiate with the exclusive representative of any appropriate bargaining unit and execute memorandums of understanding for employees under its control to alter any existing or new collective bargaining agreement on any item or items subject to section 89-9.
Haw. Rev. Stat. § 88-42 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-42
Membership generally.
Status: in_force

Except as otherwise provided in this part, all employees of the Territory or any county on July 1, 1945, shall be members of the system on that date, and all persons who thereafter enter or reenter the service of the State or any county shall become members at the time of their entry or reentry.

Per diem workers shall become eligible for membership on January 1, 1952, and all persons who are employed as per diem workers after December 31, 1951, shall become members of the system. Any person who was a per diem worker before January 1, 1952, so long as the person is employed as a per diem worker, shall not be required to become a member or to remain a member if the person has elected before October 2, 1953, to withdraw as a member.

Members of the legislature shall become eligible for membership on July 1, 1951. Any member of the legislature in service on July 1, 1951, or thereafter entering the legislature, shall become a member or elect to be excluded from membership in the system as provided in section 88-42.6. [L 1925, c 55, §3(1); am L 1927, c 223, §1; am imp L 1927, c 251, §§1, 2, 5; am imp L 1929, c 190, §1; RL 1935, §7922; RL 1945, pt of §703; am L 1945, c 73, pt of §1(b); am L 1951, c 110, §1(b); am L 1953, c 37, §1(c); RL 1955, pt of §6-23; HRS §88-42; am L 1969, c 110, pt of §1; gen ch 1993; am L 2008, c 47, §4]
Haw. Rev. Stat. § 88F-7 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-7
Investments.
Status: in_force

(a) The board may create a trust or other special funds for the segregation of funds or assets resulting from compensation deferred and for the administration of the plan.

(b) Participating employees shall invest their deferred compensation in the investment products permitted under the plan; provided that the investment products shall be provided by companies that are licensed to provide investment products and transact business in the State.

(c) The investment products may include annuities, life insurance, savings accounts, mutual funds, or other types of 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.

(d) The investment products shall have been reviewed and selected by the board after a competitive bidding process based on the specifications and considerations deemed appropriate by the board.

(e) The investment products shall guarantee a full return of principal.

(f) The investments and investment products shall not be construed to be a prohibited use of general assets of the State.

(g) Nothing in this chapter shall be construed to permit any type of investment prohibited by law. [L 1996, c 212, pt of §2; am L 2008, c 92, §3]