Haw. Rev. Stat. § 88-133 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-133
Benefits and conditions applicable to service member.
Status: in_force

All service members shall by reason of their retention of membership in the system under the Servicemen's Act, have the status, be entitled to the benefits, and be subject to the conditions and limitations set forth in sections 88-131 to 88-142.
Haw. Rev. Stat. § 88-51.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-51.5
REPEALED.
Status: in_force

L 1982, c 165, §2(6).
Haw. Rev. Stat. § 84-36 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-36
Cooperation.
Status: in_force

The ethics commission may request and shall receive from every department, division, board, bureau, commission, or other agency of the State cooperation and assistance in the performance of its duties.
Haw. Rev. Stat. § 76-30.5 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-30.5
Leaves of absence to accept appointed positions exempt from the civil service; prohibited.
Status: in_force

Notwithstanding section 78-23, no leave of absence shall be granted to any employee who leaves a position covered under this chapter for a position that is exempt from this chapter under section 76-16(b)(7), (8), (9), (10), or (16) and whose term of appointment is not less than one year; provided that this section shall not apply to any employee whose collective bargaining agreement provides for the granting of a longer leave of absence.
Haw. Rev. Stat. § 88-229 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-229
Rules and regulations.
Status: in_force

The state agency shall make and publish such rules and regulations, not inconsistent with this part, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this part.
Haw. Rev. Stat. § 87A-31.1 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-31.1
Public employers; defined.
Status: in_force

For the purposes of this part, "public employer" means a governmental entity whose employees', beneficiaries', and retirees' health benefits coverage is provided through the fund.
Haw. Rev. Stat. § 89-10.55 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-10.55
Charter school collective bargaining; bargaining unit; employer; exclusive representative.
Status: in_force

(a) Employees of charter schools shall be assigned to an appropriate bargaining unit as specified in section 89-6; provided that if a charter school employee's job description contains the duties and responsibilities of an employee that could be assigned to more than one bargaining unit, the duties and responsibilities that are performed by the employee for the majority of the time, based on the employee's average workweek, shall be the basis of bargaining unit assignment for the employee.

(b) For the purpose of negotiating a collective bargaining agreement for charter school employees who are assigned to an appropriate bargaining unit, the employer shall be determined as provided in section 89-6(d).

(c) For the purpose of negotiating a memorandum of agreement or a supplemental agreement that only applies to employees of a charter school, the employer shall mean the governing board, subject to the conditions and requirements contained in the applicable sections of this chapter governing any memorandum of agreement or supplemental agreement.

(d) Negotiations over matters covered by this section shall be conducted between the employer and exclusive representative pursuant to this chapter. Cost items that are appropriated for and approved by the legislature and contained in a collective bargaining agreement, memorandum of agreement, or supplemental agreement covering, wholly or partially, employees in charter schools shall be allocated by the department of budget and finance to a charter school authorizer for distribution to the charter schools it authorizes. However, if the charter school authorizer deems it appropriate, the cost items may be funded from a charter school's existing allocation or other sources of revenue received by a charter school. [L 2006, c 298, §5; am L 2012, c 130, §6]
Haw. Rev. Stat. § 88-110 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-110
Board; trustees of funds.
Status: in_force

The board of trustees shall be trustees of the several funds of the system and may invest and reinvest such funds as authorized by this part and by law from time to time provided. Subject to the terms, conditions, limitations and restrictions of this part and by law from time to time provided, the trustees may hold, purchase, sell, assign, transfer or dispose of any of the securities and investments in which any of the funds created herein shall have been invested, as well as of the proceeds of the investments and any moneys belonging to the funds.
Haw. Rev. Stat. § 88-192 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-192
Examination by physician.
Status: in_force

In connection with the consideration of any application for disability pension or review of the pension granted under this part, any county pension board may refer any applicant or person receiving the pension to any physician receiving a regular monthly salary or fee from the State or any of its political subdivisions for physical examination and report to the board thereon as to the existence or continuance of disability. Any physician to whom the application is referred shall make the necessary physical examination and report the physician's findings and recommendations to the board, but shall neither charge nor receive any fee for the particular examination and report.
Haw. Rev. Stat. § 88-193 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-193
Compliance with law required.
Status: in_force

No pension shall be granted by any county (except under present provisions of law relating to police, firefighters, and bandsmen and under part V) unless the same shall comply with the requirements of this part.
Haw. Rev. Stat. § 88F-4 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-4
Compensation and expenses.
Status: in_force

Each trustee shall serve without compensation but shall be reimbursed by the plan for any necessary expense incurred in the performance of the trustee's duties pertaining to the plan.
Haw. Rev. Stat. § 89-15 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-15
Financial reports to employees.
Status: in_force

Every employee organization shall keep an adequate record of its financial transactions. It shall make available to all employees who pay the employee organization dues or its equivalent an annual financial report in the form of a balance sheet and an operating statement, certified as to accuracy by a certified public accountant, within one hundred twenty days after the end of its fiscal year. In the event of failure to comply with this section, an employee may petition the board for an order compelling compliance. The order shall be enforceable in the same manner as other orders of the board under this chapter.
Haw. Rev. Stat. § 88-50 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-50
Computation of year of service.
Status: in_force

The board of trustees may fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service but in no case shall more than one year of service be credited in twelve calendar months, nor shall the board allow credit as service for any period of more than one month's duration during which the employee was absent without pay. [RL 1945, pt of §704; am L 1945, c 73, pt of §1(c); RL 1955, §6-32; HRS §88-50; am L 1969, c 110, pt of §1]
Haw. Rev. Stat. § 88-84 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-84
Ordinary death benefit.
Status: in_force

(a) Upon receipt by the system of proper proof of a member's death occurring in service or while on authorized leave without pay, there shall be paid to the member's designated beneficiary an ordinary death benefit consisting of:

(1) The member's accumulated contributions and, if no pension is payable under section 88-85, an amount equal to fifty per cent of the compensation earned by the member during the year immediately preceding the member's death if the member had at least one year but not more than ten full years of credited service, which amount shall increase by five per cent for each full year of service in excess of ten years, to a maximum of one hundred per cent of the compensation; provided that if the member had at least one year of credited service, the amount, together with the member's accumulated contributions shall not be less than one hundred per cent of the compensation;

(2) If the member had ten or more years of credited service at the time of death in service, and the death occurred after June 30, 1988, the member's designated beneficiary may elect to receive in lieu of any other payment provided in this section, the allowance that would have been payable as if the member had retired on the first day of a month following the member's death, except for the month of December when retirement on the first or last day of the month shall be allowed. Benefits payable under this paragraph shall be calculated under option 3 of section 88-83 and computed on the basis of section 88-74, unreduced for age; or

(3) If the member was eligible for service retirement at the time of death in service, the member's designated beneficiary may elect to receive in lieu of any other payment provided in this section, the allowance that would have been payable as if the member had retired on the first day of a month following the member's death, except for the month of December when retirement on the first or last day of the month shall be allowed. Benefits payable under this paragraph shall be calculated under option 2 of section 88-83 and computed on the basis of section 88-74.

(b) If the member's designation of beneficiary is void as specified in section 88-93, or if the member did not designate a beneficiary, there shall be payable:

(1) To the surviving spouse or reciprocal beneficiary, a benefit as specified under subsection (a)(1), (2), or (3);

(2) To the deceased member's children under age eighteen, if there is no surviving spouse or reciprocal beneficiary, an equally divided benefit as specified under subsection (a)(1); or

(3) To the deceased member's estate, if there is no surviving spouse or reciprocal beneficiary and no children under the age of eighteen, a benefit as specified under subsection (a)(1).

(c) For the purposes of this section, a year round school employee shall be considered in service during the July and August preceding a transfer to a traditional school schedule if the employee was in service for the entire prior school year and has a contract for the upcoming traditional school year.

(d) The application for ordinary death benefits shall be filed no later than three years from the date of the member's death. [L 1925, c 55, §6(8); RL 1935, pt of §7925; RL 1945, §708, subs 8; am L 1949, c 200, §1; am L 1951, c 127, §1; RL 1955, §6-51; am L 1963, c 127, §12; am L 1967, c 247, §1; HRS §88-77; am L 1969, c 110, pt of §1; gen ch 1985; am L 1987, c 299, §2; am L 1988, c 41, §3 and c 242, §1; am L 1993, c 67, §1; am L 1994, c 108, §3; am L 1997, c 212, §4 and c 383, §28; am L 2002, c 128, §8; am L 2006, c 169, §14; am L 2007, c 215, §14]
Haw. Rev. Stat. § 76-2 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-2
§§76-2 to 4 REPEALED.
Status: repealed

§§76-2 to 4 REPEALED. L 2000, c 253, §§36 to 38.
Haw. Rev. Stat. § 76-31 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-31
§§76-31 to 33 REPEALED.
Status: repealed

§§76-31 to 33 REPEALED. L 2000, c 253, §§53 to 55.
Haw. Rev. Stat. § 76-22.5 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-22.5
Recruitment.
Status: in_force

The director shall adopt rules in accordance with sections 76-1 and 78-1 to determine, establish, and maintain the manner in which civil service positions are to be filled. The director shall seek continuous improvements to streamline the recruitment process so that positions are filled in the most economic, efficient, and expeditious manner possible. This includes maximizing use of new technologies and developing more efficient alternatives to ensure the availability of qualified applicant pools whether it involves a change in the manner in which initial appointments are to be made, increased delegation to departments, or decentralization to appointing authorities, as necessary and appropriate.
Haw. Rev. Stat. § 88-104 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-104
Actuarial data.
Status: in_force

The board of trustees shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the system and for checking the experience of the system.
Haw. Rev. Stat. § 88-168 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-168
Orders, discipline, medical examination, etc.
Status: in_force

Any member of the police force, fire department or band placed on the retired list, except those who have served on the force for twenty years or more and have retired for that reason, shall report for duty to the head of the police force, fire department or band, respectively, from time to time as may be ordered by the board of trustees or may be provided for in the bylaws of the board and shall be subject to the orders and discipline of the head of the police force, fire department, or band, respectively, and shall perform such duties as may be required of the member and for which, in the opinion of the medical board, the member may be fit, and for which the member shall be allowed full pay. For any refusal to obey these orders and for a breach of discipline, the head of the police force, fire department or band, as the case may be, shall report the member at once to the civil service commission in any county having a civil service commission, otherwise to the county council for such action as it may be deemed proper for the good of the service. The member shall be subject to punishment and dismissal in the same manner as those in active service. Any pension the retired member may have received shall cease in case of the retired member's expulsion, and the pension for any refusal to obey orders and all other breaches of discipline as aforesaid shall be subject to whatever orders may be deemed proper by the civil service commission, or the county council as the case may be. The medical board shall make all examinations of the members of the police force, fire department, or band of the county whenever requested by the board of trustees or whenever requested by any member, for the purpose of certifying to the member's physical or mental condition to the board of trustees.

Revision Note

"County council" substituted for "board of supervisors".
Haw. Rev. Stat. § 89C-7 — HI Code / Division 1 / Title 7 / Chapter 89C / Section 89C-7
Severability.
Status: in_force

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Haw. Rev. Stat. § 88-7 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-7
County pensioners; post retirement allowance.
Status: in_force

Any other provision of this chapter to the contrary notwithstanding, the council of each county, and each independent board or commission affected, shall appropriate the funds necessary to pay the post retirement allowance payable by their respective counties, boards, and commissions in accordance with section 88-90.
Haw. Rev. Stat. § 78-27 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-27
Temporary inter- and intra-governmental assignments and exchanges.
Status: in_force

(a) With the approval of the respective employer, a governmental unit of this State may participate in any program of temporary inter- or intra-governmental assignments or exchanges of employees as a sending or receiving agency. "Agency" means any local, national, or foreign governmental agency or private agency with government sponsored programs or projects.

(b) As a sending agency, a governmental unit of this State may consider its employee on a temporary assignment or exchange as being on detail to a regular work assignment or on leave of absence without pay from the employee's position. The employee on temporary assignment or exchange shall be entitled to the same rights and benefits as any other employee of the sending agency.

(c) As a receiving agency, a governmental unit of this State shall not consider the employee on a temporary assignment or exchange who is detailed from the sending agency as its employee, except for the purpose of disability or death resulting from personal injury arising out of and in the course of the temporary assignment or exchange. The employee on detail may not receive a salary from the receiving agency, but the receiving agency may pay for or reimburse the sending agency for the costs, or any portion of the costs, of salaries, benefits, and travel and transportation expenses if it will benefit from the assignment or exchange.

(d) An agreement consistent with this section and policies of the employer shall be made between the sending and receiving agencies on matters relating to the assignment or exchange, including but not limited to supervision of duties, costs of salary and benefits, and travel and transportation expenses; provided that the agreement shall not diminish any rights or benefits to which an employee of a governmental unit of this State is entitled under this section.

(e) As a receiving agency, a governmental unit of this State may give the employee of the sending agency on a temporary assignment or exchange an exempt appointment and grant the employee rights and benefits as other exempt appointees of the receiving agency if it will benefit from the assignment or exchange. [L 2000, c 253, pt of §74]
Haw. Rev. Stat. § 78-64 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-64
New employees; orientation on benefits and rights.
Status: in_force

(a) Each newly hired employee shall be provided a general orientation on the employee's benefits and rights within twenty calendar days of being hired. The orientation shall be conducted by the employee's respective jurisdiction.

(b) The exclusive representative who represents the employee, if any, may attend the employee's general orientation and present information on the employee's benefits and rights.

(c) Should the employer violate any provision of this section, the employee or the exclusive representative, if applicable, may file a complaint with the Hawaii labor relations board pursuant to chapter 89.

(d) As used in this section, "exclusive representative" has the same meaning as in section 76-11. [L 2019, c 209, §1; am L 2024, c 63, §1]
Haw. Rev. Stat. § 88-97 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-97
Return to service of a member who has vested benefit status.
Status: in_force

If a former member who has a vested benefit status as provided in section88-96(b) returns to service before the former member's retirement, the former member shall again become a member and shall contribute for membership service as provided by the law in effect during the member's reenrolled period of membership. Upon retirement, the member's benefit shall be the benefit computed with the member's combined service included under the formula in effect at the time of retirement.
Haw. Rev. Stat. § 78-32 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-32
[ §78-32] Payment of approved travel costs for public officers and employees.
Status: in_force

[ §78-32] Payment of approved travel costs for public officers and employees. (a) This section shall apply to all approved travel costs incurred by an officer or employee of the State or a county in connection with the official business of the respective jurisdiction.

(b) Subject to subsection (d), the State and the counties may pay approved travel costs directly to:

(1) The vendor providing the goods or services involved; or

(2) The officer or employee for whom the approved travel costs are to be paid, by way of a cash advance prior to the date of purchase, unless the officer or employee affirmatively agrees to loan the State or a county the money for the travel costs and be reimbursed after the officer or employee pays for the travel costs.

(c) This section shall not be construed as precluding the reimbursement of approved travel costs to an officer or employee upon completion of travel for any costs that for any reason were not paid by the State or the county, as applicable, in accordance with subsection (b).

(d) As pertains to the officer or employee incurring approved travel costs, whenever there is a conflict between a collective bargaining agreement and this section, the terms of the collective bargaining agreement shall prevail.

(e) For the purposes of this section, "approved travel costs" means any determinable costs of travel for official state or county business approved by the respective jurisdiction and supported by a written invoice. The term includes the costs of transportation to and from a destination point, between destination points, or within a destination point; event registration fees; per diem allowances; and any other necessary costs related to the travel.

(f) An employer shall not take adverse employment actions against an officer or employee who does not affirmatively agree to loan the State or a county the money for the travel costs and be reimbursed after the officer or employee pays for the travel costs. [L 2016, c 158, §1]
Haw. Rev. Stat. § 88-73 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-73
Service retirement.
Status: in_force

(a) Any member who:

(1) Became a member before July 1, 2012, and has at least five years of credited service and has attained age fifty-five;

(2) Became a member before July 1, 2012, and has at least twenty-five years of credited service;

(3) Has at least ten years of credited service, which includes service as a judge before July 1, 1999, an elective officer, or a legislative officer;

(4) Becomes a member after June 30, 2012, and has at least ten years of credited service and has attained age sixty; or

(5) Becomes a member after June 30, 2012, and has at least twenty-five years of credited service and has attained age fifty-five,

shall become eligible to receive a retirement allowance after the member has terminated service.

(b) Any member who first earned credited service as a judge after June 30, 1999, but before July 1, 2012, and who has at least five years of credited service and has attained age fifty-five or has at least twenty-five years of credited service shall become eligible to receive a retirement allowance after the member has terminated service. Any member who first earned credited service as a judge after June 30, 2012, and has at least ten years of credited service and has attained age sixty or has at least twenty-five years of credited service and has attained age fifty-five shall be eligible to receive a retirement allowance after the member has terminated service.

(c) A member may retire upon the written application specifying the date of retirement, which shall not be less than thirty days nor more than one hundred fifty days subsequent to the date of filing. 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.

(d) Any member of the legislature who attains age sixty-five may retire and receive a service retirement allowance although the member continues to fill the elective position.

(e) In the case of a class A or B member who also has prior credited service under part VII or part VIII, total credited service as a class A, class B, class C, and class H member shall be used to determine the eligibility for retirement allowance.

(f) A member's right to the member's accrued retirement benefit is nonforfeitable upon the attainment of normal retirement age and the completion of the requisite years of credited service.

For the purpose of this subsection:

"Normal retirement age" means age sixty-five.

"Requisite years of credited service" means five years for class A and B members who became members before July 1, 2012, and ten years for class A and B members who became members after June 30, 2012. [L 1925, c 55, §6(1); RL 1935, pt of §7925; RL 1945, §708, subs 1; am L 1947, c 85, §1(c); RL 1955, §6-41; am L 1957, c 24, §1 and c 231, §1(b); am L 1959, c 67, §1; am L 1961, c 175, §1; am L 1963, c 127, §3; am L 1964, c 62, §4; HRS §88-63; am L 1969, c 110, pt of §1; am L 1971, c 90, §2; am L 1975, c 199, §1; am L 1982, c 115, §2; am L 1984, c 85, §2; am L 1987, c 117, §1; am L 1991, c 96, §1(2); am L 1998, c 151, §5; am L 1999, c 65, §2; am L 2002, c 128, §4; am L 2003, c 118, §3; am L 2004, c 179, §9; am L 2008, c 47, §9; am L 2011, c 163, §4; am L 2013, c 124, §2]
Haw. Rev. Stat. § 87A-19 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-19
Plans for part-time, temporary, and seasonal or casual employees.
Status: in_force

(a) The board may offer medical, hospital, or surgical benefits plans to part-time, temporary, and seasonal or casual employees at no cost to the employers. The board may determine eligibility for part-time, temporary, and seasonal or casual employees by rules exempt from chapter 91 as provided in section 87A-26.

(b) The board shall establish the medical, hospital, or surgical benefits plan or plans, which shall be exempt from the minimum group requirements of article 10A of chapter 431. The medical, hospital, or surgical benefits plan or plans shall provide, pay for, arrange for, or reimburse the cost of medical, hospital, or surgical services, and may include prescribed hospital in-patient and out-patient service and medical benefits.

(c) The board may contract for the medical, hospital, or surgical benefits plan or plans. Each part-time, temporary, and seasonal or casual employee enrolled for medical, hospital, or surgical benefits shall pay monthly contributions directly to the board's designated carriers. The monthly contributions may include the carrier's administrative costs. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 89-10.5 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-10.5
Collective bargaining and local school initiatives.
Status: in_force

Notwithstanding any other law to the contrary, any collective bargaining agreement concerning public school employees may include terms that would allow an employee to work a longer period each day and a longer school year. Consideration of a longer school day or longer school year shall be related to state and local school initiatives and may be included in proposals submitted in connection with the incentive and innovation grant review process.
Haw. Rev. Stat. § 84-19 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-19
Violation.
Status: in_force

(a) Any favorable state action obtained in violation of the code of ethics for legislators or employees and former employees is voidable in the same manner as voidable contracts as provided for under section 84-16; and the State by the attorney general may pursue all legal and equitable remedies available to it.

(b) The State by the attorney general may recover any fee, compensation, gift, or profit received by any person as a result of a violation of the code of ethics by a legislator or employee or former legislator or employee. Action to recover under this subsection shall be brought within one year of a determination of such violation.

(c) Any violation of this chapter by an employee, candidate for election to and elected delegate to the constitutional convention shall be punishable only in accordance with the code of ethics adopted by the constitutional convention. [L 1972, c 163, pt of §1; am L 1979, c 91, §7; am L 1981, c 82, §11; am L 1989, c 291, §1]
Haw. Rev. Stat. § 88-202 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-202
Restrictions as to personnel.
Status: in_force

This part shall not apply to any person who is in the service or employment of the State or any county on or after July1, 1953, but shall apply to per diem workers and former per diem workers who joined the employees' retirement system prior to January1, 1952.
Haw. Rev. Stat. § 78-23.5 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-23.5
Paid leave for state and county employees providing disaster relief services for the American Red Cross.
Status: in_force

(a) The governor or mayor or their respective designees may grant a state or county employee who is a certified American Red Cross disaster volunteer up to thirty days paid leave of absence to perform disaster relief services for the American Red Cross, a federally chartered nongovernmental disaster relief organization, when a disaster has been:

(1) Designated as level III or higher by American Red Cross regulations;

(2) Officially declared by the President of the United States; or

(3) Declared a state of emergency by the governor;

provided that the employee has prior authorization from the governor or mayor, or their respective designee, as applicable, and the leave of absence imposes no undue hardship on state or county operations.

(b) Employees granted leaves of absence pursuant to this section shall be paid at their regular rates of pay for those regular hours during which the employees are absent from work, without loss of seniority, pay, vacation, sick leave, or earned overtime accumulations. [L 2003, c 24, §2]
Haw. Rev. Stat. § 88-220 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-220
Refusal or termination of plans.
Status: in_force

The state agency shall not finally refuse to approve a plan submitted by a political subdivision under section 88-218, and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby.
Haw. Rev. Stat. § 88-212 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-212
Federal-state agreement.
Status: in_force

The state agency, with the approval of the governor, may enter on behalf of the State into an agreement with the Secretary of Health and Human Services, consistent with the terms and provisions of this part, for the purpose of extending the benefits of the federal old age and survivors insurance system to employees of the State or any political subdivision thereof with respect to services specified in the agreement which constitute "employment" as defined in section 88-211. The agreement may contain such provisions relating to coverage, benefits, contributions, effective date, modification, and termination of the agreement, administration, and other appropriate provisions as the state agency and Secretary of Health and Human Services, shall agree upon, but, except as may be otherwise required by or under the Social Security Act as to the services to be covered, the agreement shall provide in effect that:

(1) Benefits will be provided for employees whose services are covered by the agreement (and their dependents and survivors) on the same basis as though the services constituted employment within the meaning of Title II of the Social Security Act;

(2) The State will pay to the Secretary of the Treasury, at such time or times as may be prescribed under the Social Security Act, contributions with respect to wages (as defined in section 88-211), equal to the sum of the taxes which would be imposed by the Federal Insurance Contributions Act if the services covered by the agreement constituted employment within the meaning of that Act;

(3) Such agreement shall be effective with respect to services in employment covered by the agreement performed after a date specified therein but in no event may it be effective with respect to any such services performed prior to the first day of January 1951;

(4) All services which constitute employment as defined in section 88-211 and are performed in the employ of the State by employees of the State, shall be covered by the agreement; provided that except for purposes of paragraph (6) of [this] section, services of state employees may be covered under the agreement at such times, as members of the coverage group or groups (as defined in section 218(b)(5) of the Social Security Act), and with such optional exclusions (as permitted by section 218(c) of the Social Security Act, including section 218(c)(3)(C) thereof) as may be decided upon by the state agency with the approval of the governor, as evidenced by the governor's approval of the pertinent agreement or modification thereto;

(5) All services which (A) constitute employment as defined in section 88-211, (B) are performed in the employ of a political subdivision of the State, and (C) are covered by a plan which is in conformity with the terms of the agreement and has been approved by the state agency under section 88-218, shall be covered by the agreement;

(6) As modified the agreement shall include all service described in paragraph (4) and may include all service described in paragraph (5) of this section and performed by individuals in positions covered by a retirement system with respect to which the governor has issued a certificate to the Secretary of Health and Human Services pursuant to section 88-219. [L 1953, c 217, §3; RL 1955, §6-191; am L 1957, c 284, §§3, 4, 6; am L 1959, c 194, §2; HRS §88-212; gen ch 1985; am L 2004, c 176, §5]
Haw. Rev. Stat. § 88-187 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-187
Payment, conditions.
Status: in_force

The pension system shall require as a prerequisite to the payment of a pension to any person:

(1) That the person has attained the age of sixty years or, through accident sustained without the person's fault or negligence in the performance of duty in the person's service for the county, or illness, has become incapable of sustained remunerative work;

(2) That the person, except in case of accident and disability has been in the service and employment of the county for a total period of not less than ten years.

Any employee who had the option to but did not elect to become a member of any retirement system now in effect shall be eligible to receive only fifty per cent of the pension amount otherwise computed under this part. [L 1937, c 237, §2; am L 1939, c 112, pt of §1; am L 1941, c 302, pt of §1; RL 1945, pt of §6185; am L 1949, c 156, §1; RL 1955, §6-166; HRS §88-187; gen ch 1985]
Haw. Rev. Stat. § 78-29 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-29
Incentive and service awards.
Status: in_force

(a) Each chief executive may establish incentive and service awards programs to recognize employees who contribute to the efficiency, economy, or other improvement of government operations or who perform exceptionally meritorious special acts or services in the public interest in connection with or related to their official employment. The programs may allow appointing authorities to establish their own programs consistent with the policies of the chief executive.

(b) The programs may provide for cash awards to recognize suggestions, inventions, superior accomplishments, length of service, and other personal or group efforts. A cash award shall be in addition to the employee's regular compensation. The acceptance of a cash award shall constitute an agreement that use by the government of any idea, method, or device for which the award is made shall not form the basis of a further claim upon the government by the employees or the employees' heirs and assigns.

(c) Awards and expenses for programs may be paid from funds available to the departments and agencies benefiting from or responsible for recognizing the employee's or group of employees' contribution, as determined by the chief executive or appointing authority, as applicable. All administrative decisions made on the issuance of awards under this section shall be final and deemed a performance of a discretionary function of the chief executive or appointing authority. [L 2000, c 253, pt of §74; am L 2001, c 55, §36]
Haw. Rev. Stat. § 87A-41 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-41
Employee-beneficiary or qualified-beneficiary contributions; long-term care benefits plan.
Status: in_force

(a) During the period the long-term care benefits plan 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 monthly contribution to the fund is not withheld and transmitted to the fund, the employee-beneficiary shall pay the monthly contribution directly to the board's designated carrier or third-party administrator as specified by the board.

(b) Qualified-beneficiaries shall pay monthly contributions directly to the board's designated carrier or third-party administrator as specified by the board. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 88-114 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-114
Pension accumulation fund.
Status: in_force

The pension accumulation fund shall be the fund in which shall be accumulated all contributions made by the State and any county and all income from investments and from which shall be paid all benefits, including the bonus authorized under section 88-11, and other than those benefits which are specifically payable from other funds.
Haw. Rev. Stat. § 76-72 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-72
§§76-72 to 74 REPEALED.
Status: repealed

§§76-72 to 74 REPEALED. L 2000, c 253, §§67 to 69.
Haw. Rev. Stat. § 88-61 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-61
Termination of membership.
Status: in_force

(a) Except as otherwise provided by section 88-96, any member absent from service for four calendar years following the calendar year in which the member's employment terminated shall cease to be a member, and the former member's credited service shall be forfeited.

(b) Any member who withdraws the member's contributions, becomes a retirant, or dies, ceases to be a member as of the date of withdrawal, retirement, or death. [L 1969, c 110, pt of §1; am L 1971, c 90, §1; gen ch 1985; am L 1998, c 151, §4; am L 2006, c 169, §§7, 8; am L 2008, c 47, §8]