Haw. Rev. Stat. § 76-46 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-46
Discharges; demotions.
Status: in_force

An appointing authority may discharge or demote any employee when the appointing authority considers that the good of the service will be served thereby. Discharges may be made only for such causes that will promote the efficiency of government service.

Demotions or discharges shall be in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable. [L 1955, c 274, pt of §1; RL 1955, §3-24; HRS §76-46; am L 1981, c 5, §3; gen ch 1985; am L 2000, c 253, §27]
Haw. Rev. Stat. § 88-49.3 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-49.3
Employees paid from certain federal funds.
Status: in_force

Any provision of law to the contrary notwithstanding, a participant in a work-experience, on-the-job training, or a temporary public service employment position whose salary is paid in whole or in part from federal funds provided under the Comprehensive Employment and Training Act of 1973 (Public Law 93-203; 87 Stat. 839), as amended, shall not be eligible for membership in the system from and after July1, 1978, except as provided for in this section.

Any such participant who is a member of the system on June30, 1978, shall remain a member of the system unless the participant elects in writing on a form prescribed by the board to terminate the participant's membership. An election shall not be effective unless filed on or before December31, 1978. Any participant who elects to terminate the participant's membership in accordance with this section shall be paid all of the participant's accumulated contributions. [L 1978, c 240, §1; gen ch 1985]
Haw. Rev. Stat. § 88-29.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-29.5
[ §88-29.
Status: in_force

[ §88-29.5] Investment personnel. The board may, through its executive director, appoint one or more investment officers, under the direction of the chief investment officer, prescribing their duties and qualifications and fixing their salaries, who shall be exempt from chapter 76.
Haw. Rev. Stat. § 78-14 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-14
§§78-14 to 16 REPEALED.
Status: repealed

§§78-14 to 16 REPEALED. L 2000, c 253, §§84 to 86.
Haw. Rev. Stat. § 89-16 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-16
Public records and proceedings.
Status: in_force

The complaints, orders, and testimony relating to a proceeding instituted by the board under section 377-9 shall be public records and be available for inspection or copying. All proceedings pursuant to section 377-9 shall be open to the public.
Haw. Rev. Stat. § 84-38 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-38
Judicial branch.
Status: in_force

The powers and duties assigned in this part IV to the governor shall, with respect to employees in the judicial branch, be assigned to the chief justice of the supreme court.
Haw. Rev. Stat. § 88-14 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-14
Bonus; authority to pay.
Status: in_force

The board of trustees of the employees' retirement system shall pay the bonus to pensioners under the system, except those pensioners under the system who are retired employees of the respective counties; the comptroller shall pay the bonus to all state pensioners who are not under the system; and the appropriate officer of each county and each independent board or commission hereby affected, shall pay the bonus granted to pensioners whose pensions are payable by the respective counties, boards, and commissions.

The appropriate officer of each county upon certification to the council by the employees' retirement system of the amounts necessary to meet payments of the bonus to pensioners of the system who are retired employees of the respective counties, shall also remit the amounts to the system. Remittances shall be made not later than December31 of each year and shall be sufficient for twelve months' payments to the pensioners certified to the council. [L 1961, c 175, pt of §12; am L 1963, c 114, §1; Supp, §6-253; HRS §88-14; am L 1969, c 110, pt of §1; am L 1974, c 220, §2]
Haw. Rev. Stat. § 84-14 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-14
Conflicts of interests.
Status: in_force

(a) No employee shall take any official action directly affecting:

(1) A business or other undertaking in which the employee has a substantial financial interest; or

(2) A private undertaking in which the employee is engaged as legal counsel, advisor, consultant, representative, or other agency capacity.

A department head who is unable to disqualify the department head's self on any matter described in paragraphs (1) and (2) will not be in violation of this subsection if the department head has complied with the disclosure requirements of section 84-17.

A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or undertaking in which the person has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications.

(b) No employee shall acquire financial interests in any business or other undertaking which the employee has reason to believe may be directly involved in official action to be taken by the employee.

(c) No legislator or employee shall assist any person or business or act in a representative capacity before any state or county agency for a contingent compensation in any transaction involving the State.

(d) No legislator or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which the legislator or employee has participated or will participate as a legislator or employee, nor shall the legislator or employee assist any person or business or act in a representative capacity for a fee or other compensation on such bill, contract, claim, or other transaction or proposal before the legislature or agency of which the legislator or employee is an employee or legislator.

(e) No employee shall assist any person or business or act in a representative capacity before a state or county agency for a fee or other consideration on any bill, contract, claim, or other transaction or proposal involving official action by the agency if the employee has official authority over that state or county agency unless the employee has complied with the disclosure requirements of section 84-17.

(f) Nothing in this section shall be construed to prevent a person from:

(1) Serving on a task force; or

(2) Making statements or taking official action as a task force member or a task force member's designee or representative;

provided that every task force member or designee or representative of a task force member shall publicly disclose the nature and extent of any interest or transaction that the task force member or task force member's designee or representative believes may be affected by the task force member's official action. The state ethics commission shall adopt rules pursuant to chapter 91 to effectuate the purposes of this subsection. [L 1972, c 163, pt of §1; am L 1978, c 245, §2; am L 2012, c 208, §5; am L 2019, c 119, §3]
Haw. Rev. Stat. § 88-103.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-103.5
Disclosure of information.
Status: in_force

(a) The employees' retirement system shall:

(1) Disclose to the Hawaii employer-union health benefits trust fund and employee organizations information related to the administration of pension, annuity, or retirement allowance deductions, as follows: name, social security number, and amounts and dates of both voluntary and mandatory deductions remitted to the recipient; and

(2) Release the records of its retirants and beneficiaries to the Hawaii employer-union health benefits trust fund for the disbursement of payments authorized under section 87A-23.

(b) Any government agency or employee organization receiving government records pursuant to this section shall be subject to the same restrictions on disclosure of the records as the originating agency.

(c) The following documents relating to the system's alternative investments shall be exempt from disclosure under chapter 92F:

(1) Private placement memoranda;

(2) Fund agreements and related documents, including subscription agreements, management agreements, side letters, guarantees, credit facility agreements, participation agreements, and trust documents;

(3) Confidential presentations or recommendations made to the system;

(4) Due diligence memoranda and other due diligence materials, including due diligence questionnaires;

(5) Documents containing information on any portfolio company, real property, or any other assets held by an alternative investment vehicle;

(6) Financial statements and other documents containing financial information of a fund or its general partner or manager, whether audited or unaudited, including but not limited to statements or information related to:

(A) Income statements;

(B) Balance sheets;

(C) Cash flows;

(D) Capital accounts;

(E) Investment rate-of-returns, including internal rate of returns and time-weighted rate of returns;

(F) Cash or in-kind distributions;

(G) Carried interests;

(H) Management and other fees; and

(I) Return multiples;

(7) Confidential correspondences between an alternative investment vehicle or its general partner, manager, advisor, or limited partner advisory committee, and the system;

(8) Capital call and distribution notices;

(9) Limited partner advisory committee and limited partner meeting notices, minutes, and materials, including without limitation any materials distributed at those meetings;

(10) Investment management agreements; and

(11) Placement agent disclosures and similar documents.

(d) The exemptions from disclosure under chapter 92F set forth in subsection (c) are in addition to any other records that may be exempt from disclosure pursuant to chapter 92F or any other law.

(e) As used in this section:

"Alternative investment" means an actual or proposed investment by the system in a private equity fund, venture fund, hedge fund, fund of funds, absolute return fund, real estate fund, infrastructure fund, private credit, or other similar private market investments.

"Alternative investment vehicle" means the limited partnership, limited liability company, collective investment trust, or other legal structure of the alternative investment.

"Investment management agreement" means a contract to manage assets of the system.

"Limited partner advisory committee" means any limited partner or other advisory committee of an alternative investment vehicle. [L 1990, c 250, §2; am L 1998, c 89, §1; am L 2004, c 10, §2; am L 2021, c 71, §2]
Haw. Rev. Stat. § 88-184 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-184
Expenses; appropriations.
Status: in_force

The members of the pension boards shall serve without pay, but the respective county councils shall appropriate annually a sum sufficient to, and shall, defray the necessary expenses of the boards, including moneys required to cover the payment of pensions granted under this part; provided that the board of water supply of the city and county of Honolulu shall annually appropriate sufficient moneys to cover, and there shall be paid from such moneys, pensions granted under this part as a result of employment in the service of the board of water supply.

Revision Note

"County councils" substituted for "boards of supervisors or council".
Haw. Rev. Stat. § 87A-21 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-21
Eligibility.
Status: in_force

(a) The board shall establish eligibility criteria to determine who can qualify as an employee-beneficiary, dependent-beneficiary, or qualified-beneficiary, consistent with the provisions of this chapter.

(b) A retired member of the employees' retirement system; a county pension system; or a police, firefighters, and bandsmen pension system of the State or county, shall be eligible to qualify as an employee-beneficiary:

(1) Regardless of whether the retired member was actively employed by the State or county at the time of the retired employee's retirement; and

(2) Without regard to the date of the retired member's retirement.

(c) A dependent of a retired member shall be eligible to qualify as an employee-beneficiary or dependent-beneficiary:

(1) Regardless of whether the retired member was actively employed by the State or county at the time of the retired employee's retirement; and

(2) Without regard to the date of the retired member's retirement. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 89-14 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-14
Prevention of prohibited practices.
Status: in_force

Any controversy concerning prohibited practices may be submitted to the board in the same manner and with the same effect as provided in section 377-9; provided that the board shall have exclusive original jurisdiction over such a controversy except that nothing herein shall preclude (1) the institution of appropriate proceedings in circuit court pursuant to section [89-12(c)] or (2) the judicial review of decisions or orders of the board in prohibited practice controversies in accordance with section 377-9 and chapter 91. All references in section 377-9 to "labor organization" shall include employee organization.
Haw. Rev. Stat. § 88-215 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-215
Contributions by state employees.
Status: in_force

Every state employee whose services are covered by an agreement entered into under section 88-212 shall be required to pay for the period of the coverage, into the contribution fund established by section 88-224, contributions, with respect to wages (as defined in section 88-211) equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if the services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee's retention in the service of the State, or the employee's entry upon such service, after June10, 1953.
Haw. Rev. Stat. § 88-103.7 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-103.7
Information from the State and counties.
Status: in_force

(a) To fulfill its responsibilities under this chapter, the system shall require any department or agency of the State or counties to furnish information to the system to carry out the purposes of this chapter. The system shall specify the format in which the information shall be furnished. Without limitation of the foregoing, the system shall require that information be furnished in electronic format and that information with respect to payroll and personnel transactions:

(1) Allocate payments, including bonuses, salary adjustments, payments for compensatory time, and workers' compensation, to monthly or other periods as requested by the system;

(2) Specify the purpose or nature of the payment; and

(3) Indicate any changes or errors in payments that require correcting or updating.

(b) All departments and agencies of the State or counties shall furnish the information required by the system pursuant to this section in the format required by the system. The system shall notify each department or agency of the State or counties that is required to furnish information to the system of any change in the required format for the information. Each department or agency shall have one hundred eighty days from the date of the receipt of the notice of a change in the required format to update the format in which the required information is provided to the system.

(c) If a department or agency of the State or county fails to furnish the system with the information required pursuant to this section in the format required by the system, the State or county shall pay to the system, on the first day of the fiscal year that is one year after the end of the fiscal year in which the failure to furnish the required information occurred, an amount equal to the employer contributions payable by the State or county, relative to the department or agency that is not in compliance with this section, during the fiscal year in which the failure to furnish the required information occurred. This amount shall be applied to contributions required under section 88-124 for the State and section 88-126 for the counties.

(d) If full payment of the amount required under subsection (c) is not made by the State or county on the first day of the fiscal year, then:

(1) Any unpaid amounts shall bear interest at the rate equal to the investment yield rate assumption in effect for actuarial valuations of the system; and

(2) Any payments received by the system for the State or county, except for payments made pursuant to sections 88-46, 88-100, and 88-326, shall be applied first to accrued interest and then to the amount required to be paid under subsection (c).

(e) The system may waive the requirements of subsections (c) and (d) if the system determines, in its sole discretion, that the failure by the department or agency to furnish the required information in the required format is the result of an unforeseen system failure, natural disaster, or other unforeseen event.

(f) The system shall annually submit to the department of budget and finance and the legislature, not later than twenty days prior to the convening of each regular session, a report that details the following for the previous fiscal year:

(1) Any department or agency of the state or counties that failed to comply with this section; and

(2) Any amounts required to be paid under subsection (c), including the anticipated amounts payable in the upcoming fiscal year, and identification of any state budget programs that may be affected. [L 2008, c 41, §1; am L 2015, c 87, §1; am L 2025, c 55, §2]
Haw. Rev. Stat. § 88F-10 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-10
Deferred amounts as compensation.
Status: in_force

Any compensation deferred pursuant to a plan established under this chapter shall be deemed regular compensation, but shall not be included in the computation of federal income taxes withheld on behalf of any participating employee.
Haw. Rev. Stat. § 76-11.6 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-11.6
Special, research, or demonstration project positions.
Status: in_force

[§76-11.6]Special, research, or demonstration project positions. Notwithstanding any law to the contrary, with the approval of the governor, the head of a department may establish and abolish any subordinate position for an employee engaged in a special, research, or demonstration project that is approved by the governor, subject to the limitations of available appropriations.
Haw. Rev. Stat. § 87A-32 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-32
State and county contributions; active employees.
Status: in_force

(a) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a monthly contribution equal to the amount established under chapter 89C or specified in the applicable public sector collective bargaining agreements, whichever is appropriate, for each of their respective employee-beneficiaries and employee-beneficiaries with dependent-beneficiaries, which shall be used toward the payment of costs of a health benefits plan; provided that:

(1) The monthly contribution shall be a specified dollar amount;

(2) The monthly contribution shall not exceed the actual cost of a health benefits plan;

(3) If two employee-beneficiaries are married or in a civil union, the total contribution by the State or the county shall not exceed the monthly contribution for a family plan; and

(4) If the State or any of the counties establish cafeteria plans in accordance with Title 26, United States Code section 125, the Internal Revenue Code of 1986, as amended, and section 78-30, the monthly contribution for those employee-beneficiaries who participate in a cafeteria plan shall be made through the cafeteria plan, and the payments made by the State or counties shall include their respective contributions to the fund and their employee-beneficiary's share of the cost of the employee-beneficiary's health benefits plan.

(b) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a monthly contribution equal to the amount established under chapter 89C or specified in the applicable public sector collective bargaining agreement, whichever is applicable, for each of their respective employees, to be used toward the payment of group life insurance benefits for each employee. [L 2001, c 88, pt of §1; am L 2019, c 51, §3]

Revision Note

In subsection (a)(4), reference to "section 78-30" substituted for "part II of chapter 78".
Haw. Rev. Stat. § 88-27.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-27.5
[ § 88-27.
Status: in_force

[ § 88-27.5] Closed meetings of the board; authorized. (a) The board may hold a meeting closed to the public in accordance with the procedures for holding an executive session meeting pursuant to section 92-4 for the following purposes:

(1) To conduct discussions or deliberations relating to, or to make a decision upon, investments or prospective investments by the system that require the consideration of information or records that are exempt from disclosure under chapter 92F, including without limitation information and records that are proprietary information or confidential business information;

(2) To conduct discussions and deliberations or to make decisions relating to procurements that are exempt from chapter 103D to the same extent that the discussion, deliberation, and decision would be required to be conducted or made confidentially if the procurement were subject to chapter 103D; and

(3) To deliberate concerning the authority of persons designated by the board to negotiate investments or the sale of property held by or for the benefit of the system, or during the conduct of such negotiations.

(b) The purposes for which the board may hold a meeting closed to the public pursuant to this section are in addition to the purposes described in section 92-5(a) or any other applicable exemption from part I of chapter 92. [L 2015, c 88, §1]
Haw. Rev. Stat. § 88-134 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-134
Service retirement benefit.
Status: in_force

If a service member has terminated the service member's service with the armed forces and otherwise complies with the requirements of sections 88-73, 88-281, or 88-331, as applicable, the service member shall be entitled to a service retirement benefit to be computed as provided in sections 88-74, 88-282, or 88-332, as applicable, including and taking into consideration the service credit preserved and allowed to the service member by the Servicemen's Act.
Haw. Rev. Stat. § 88-164 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-164
Benefits in lieu of other payments.
Status: in_force

The benefits set forth in this part shall be in lieu of any or other compensation payable to a member of a police force, fire department, or band or any of the member's dependents under or on account of chapter 386, or any other claim or demand against the county by whom the member is employed. However, the member of the police force, fire department, or band or the member's dependents may, at the member's or their election, waive the benefit provided for in this part and in lieu thereof claim any compensation or benefits that would otherwise be payable to the member or the member's dependents under chapter 386, or in any manner authorized by law.
Haw. Rev. Stat. § 78-16.6 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-16.6
Nonforfeiture for absence.
Status: in_force

Every officer and employee of the State and the several counties who is a member of the Hawaii national guard or organized reserves, including the officers' reserve corps and the enlisted reserve corps, shall be entitled to be absent from the officer's or employee's duties or service while engaged in the performance of ordered military or naval duty and while going to and returning from such duty.

No officer or employee shall be subjected, directly or indirectly, by reason of the absence to any loss or diminution of vacation or holiday privileges or be prejudiced by reason of the absence with reference to promotion or continuance in office, employment, reappointment to office, or reemployment. [L 2003, c 109, pt of §5]
Haw. Rev. Stat. § 88-326 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-326
Deducting employee contributions from salary and employer pick up of employee contributions.
Status: in_force

(a) The head of each state department and the finance director of each county shall deduct from the compensation of each class H member on each and every payroll under their respective jurisdictions, the percentage of compensation of each member as provided under section 88-325.

The total amount of deductions made from the salaries of employees and a record of the amount deducted from each member's compensation shall be transmitted to the system semi-monthly or at other times as may be agreed upon by the board. The amounts deducted shall be paid into the annuity savings fund and shall be credited to the individual account of the member from whose compensation the deductions were made.

Regular interest shall also be credited to the individual account of the member in the annuity savings fund.

(b) The State and each county, pursuant to section 414(h)(2) of the Internal Revenue Code of 1986, as amended, shall pick up and pay the contributions that would otherwise be payable by each class H member, including contributions designated by the member relating to the conversion or acquisition of membership service as provided under sections [88-322(d)] and 88-324, from compensation paid after December 31, 1987. The contributions so picked up shall be treated as employer contributions for the purpose of determining the amount of federal income tax to withhold from each class H member's compensation. The member shall complete a payroll authorization form before the period in which the contributions are earned and service is acquired, converted, or credited. With respect to service to be acquired or converted, the form shall be a binding irrevocable payroll deduction authorization in which the member acknowledges that the system will not accept direct payment from the member while the form is in effect.

(c) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each class H member's compensation equal to the amount of the member's contributions picked up by the employer; provided that the deduction shall not reduce the member's compensation for the purpose of computing benefits under this chapter.

(d) Member contributions picked up by the employer shall be transmitted to the system in accordance with subsection (a). Such contributions shall be credited to a separate account within each member's individual account in the annuity savings fund so that the amount contributed by the member before January 1, 1988, may be distinguished from the member contributions picked up by the employer. Regular interest shall also be credited to the individual account of the member in the annuity savings fund. [L 2004, c 179, pt of §1]
Haw. Rev. Stat. § 87A-38 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-38
State and county contributions not considered wages or salary.
Status: in_force

Contributions made by the State or the counties under this part shall not be considered wages or salary of an employee-beneficiary. No employee-beneficiary shall have any vested right in or be entitled to receive any part of any contribution made to the fund.
Haw. Rev. Stat. § 88-285 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-285
Service-connected disability retirement.
Status: in_force

A member who would be eligible to receive a service-connected disability retirement allowance pursuant to section 88-79 shall receive a maximum retirement allowance of thirty-five per cent of the member's average final compensation.
Haw. Rev. Stat. § 78-7 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-7
Certain public officers prohibited from receiving certain masterships and master's fees; forfeiture.
Status: in_force

No person holding any salaried office or employment in the executive or judicial branches of the government of the State or any county thereof, or holding any executive or judicial office or employment any part of the compensation for which is paid by the State or any county, shall be appointed to serve as master to examine, pass, or report upon any account filed in any court of the State by any guardian, trustee, or personal representative except where the estate concerned is insolvent or there are insufficient funds therein to pay a reasonable master's fee. In that event, the master shall not receive, directly or indirectly, any fee or other remuneration for services rendered as master to examine, pass, or report upon any account filed in any court of the State by any guardian, trustee, or personal representative. The person receiving or accepting the fee or remuneration shall by virtue of the acceptance be deemed to have released and forfeited all claim and right thereafter to any compensation payable by the State or county by virtue of the office or employment, and in addition, if the person is holding an office or employment, subject to the power of the legislature of the State to provide for forfeiture thereof as herein provided, shall be deemed to have forfeited and been ipso facto discharged from the person's office or employment. In any event, upon acceptance of the fee or remuneration, the comptroller of the State or director of finance of any county is prohibited from issuing any warrant to the person except for services rendered prior to the forfeiture. This section shall not apply to officers whose only compensation from the government is paid pursuant to any state statute upon a per diem basis or upon a fee basis, or to officers or employees appointed or employed by contract to render a temporary professional service. Traveling or other expenses paid or payable by the State or any county to any officer or employee shall not be deemed to be compensation.

Revision Note

"Director of finance" substituted for "auditor" to conform to terminology of county charters.
Haw. Rev. Stat. § 90-1 — HI Code / Division 1 / Title 7 / Chapter 90 / Section 90-1
Definitions.
Status: in_force

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

The term "agency" means any state agency within the executive, legislative, and judicial branches, the office of Hawaiian affairs, and any agency within the executive and legislative branches of the several counties.

"Material donor" means any person who of the person's own free will provides funds or materials to an agency.

"Occasional-service volunteer" means any person who offers to provide a one-time, on call or single task service to an agency without receipt of any compensation, except as provided in this chapter.

The term "person" means any individual or organization.

"Regular-service volunteer" means any person engaged in specific voluntary service activities on an on-going or continuous basis to an agency without receipt of any compensation, except as provided in this chapter.

"Stipended volunteer" means any person who by receiving a support allowance is then able to provide voluntary service to an agency. The allowance may be for food, lodging, or other personal living expenses and does not reflect compensation for work performed.

The term "volunteer" means any person who of the person's own free will provides goods or services to an agency with no monetary or material gain and includes material donors, occasional-service, regular-service, and stipended volunteers. Without limiting the generality of the foregoing, the term "volunteer" specifically includes any health care provider accepted in writing by the department of health as a "volunteer" who provides free medical or dental treatment, diagnosis, or advice to indigent and medically underserved patients, whether acting individually or in cooperation with a nonprofit organization. [L 1978, c 10, pt of §2; am L 1982, c 137, §2; gen ch 1985; am L 1994, c 250, §1; am L 1998, c 295, §1]
Haw. Rev. Stat. § 88-21.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-21.5
Compensation.
Status: in_force

(a) For a member who became a member before July 1, 2012:

(1) Unless a different meaning is plainly required by context, "compensation" as used in this part means:

(A) Normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;

(B) Overtime, differentials, and supplementary payments;

(C) Bonuses and lump sum salary supplements;

(D) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; and

(E) Retroactive payments of those purposes and nature authorized in subparagraphs (A) through (D), and certified as compensation pursuant to section 88-64;

(2) Bonuses and lump sum salary supplements shall be deemed earned when payable; provided that bonuses or lump sum salary supplements in excess of one-twelfth of compensation for the twelve months before the month in which the bonus or lump sum salary supplement is payable, exclusive of overtime, bonuses, and lump sum salary supplements, shall be deemed earned:

(A) During the period agreed-upon by the employer and employee, but in any event over a period of no less than twelve months; or

(B) In the absence of an agreement between the employer and the employee, over the twelve months before the date on which the bonus or lump sum salary supplement is payable; and

(3) Retroactive payments shall be deemed earned when it would have been earned, as determined by the system pursuant to section 88-64.

(b) For a member who becomes a member after June 30, 2012, unless a different meaning is plainly required by context, "compensation" as used in this part:

(1) Means:

(A) The normal periodic payments of money for service, the right to which accrues on an hourly, daily, monthly, or annual basis;

(B) Shortage differentials;

(C) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended;

(D) Twelve-month differentials for employees of the department of education; and

(E) Retroactive payments of those purposes and nature of payments authorized in subparagraphs (A) through (D), and certified as compensation pursuant to section 88-64;

(2) Shall not include any other additional or extra payments to an employee or officer, including overtime, supplementary payments, bonuses, lump sum salary supplements, allowances, or differentials, including differentials for stand-by duty, temporary unusual work hazards, compression differentials, or temporary differentials, except for those expressly authorized pursuant to paragraphs (1)(B) through (1)(E); and

(3) Retroactive payments shall be deemed earned when it would have been earned, as determined by the system pursuant to section 88-64. [L 2004, c 182, §2; am L 2012, c 152, §1; am L 2023, c 46, §4]
Haw. Rev. Stat. § 88-322 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-322
Conversion of previous credited service.
Status: in_force

(a) Class C members who are in service on June 30, 2006, and make the election to become class H members pursuant to section 88-321(a), shall have the option to convert some or all of their class C credited service, as of June 30, 2006, to class H credited service by paying the full actuarial cost of the conversion as of December 31, 2008, in the manner provided in subsection (d). The option to convert class C credited service to class H credited service shall also apply:

(1) To forfeited credit for previous service that a member is eligible to have restored as of June 30, 2006; and

(2) To membership service credit that a member is eligible to claim under section 88-272(4) to (6) as of June 30, 2006;

provided that the member shall claim the forfeited service credit and the membership service credit by the date established by the board at a meeting held pursuant to chapter 92.

(b) All class A and class B credited service of class A or class B members who make the election to become class H members pursuant to section 88-321(a) shall be converted to class H credited service. The cost of the conversion of class A or class B credited service shall be the member's accumulated contributions as of the date of conversion. Verified membership service credit paid for pursuant to section 88-59 under an irrevocable payroll authorization entered into prior to July 1, 2006, shall be credited as class H credited service. Class A and class B members who are in service on June 30, 2006, and make the election to become class H members pursuant to section 88-321(a) shall have the option to convert some or all of their class C credited service, as of June 30, 2006, to class H credited service by paying, in the manner provided in subsection (d), the full actuarial cost of the conversion as of December 31, 2008. The option to convert class C credited service to class H credited service shall also apply:

(1) To forfeited credit for previous service that a member is eligible to have restored as of June 30, 2006; and

(2) To membership service credit that a member is eligible to claim under section 88-272(4) to (6) as of June 30, 2006;

provided that the member shall claim the forfeited service credit and the membership service credit by the date established by the board at a meeting held pursuant to chapter 92.

(c) The election to convert class C credited service to class H credited service shall be made by filing a form with the system not later than one hundred eighty days after publication of the notice required by subsection (e). The board may, by action taken at a meeting held pursuant to chapter 92, extend the deadline for making the election.

(d) The board may permit the cost of conversion of class C credited service to class H credited service pursuant to subsection (a) or (b) to be paid by the member in any one of the following methods at the member's option:

(1) By after-tax deductions from the member's compensation. An irrevocable payroll authorization filed by the member for a period not to exceed one hundred twenty months shall remain in effect until the completion of the payroll payments or termination of employment, whichever is earlier. The amount of the deductions shall be in an amount sufficient to amortize the actuarial cost of the conversion, together with interest at the rate of eight per cent a year, in level bi-monthly payments over the period specified in the irrevocable authorization. Service credited will be proportional on the basis of whole months. For example, a member electing to convert one hundred twenty months of service over sixty months and terminating after thirty and one-half months of deductions pursuant to this subsection, will have converted sixty months of class C service to class H service; or

(2) By lump sum payment.

The deductions from compensation or lump sum payment shall be paid to the system and shall be credited to the member's individual account and become part of the member's accumulated contributions. The deductions from compensation shall commence, and any lump sum payment shall be paid to the system, within one hundred eighty days after the deadline for making the election to convert class C credited service to class H credited service. If a member is absent from the State while in the military service of the United States during the one hundred eighty-day period after the deadline for making the election, the deductions from the member's compensation shall commence, and any lump sum payment shall be made by the member, within one hundred eighty days after the member's return to the member's regular employment with the State or county; provided that any extension, pursuant to subsection (c), of the deadline for making the election to convert class C credited service to class H credited service shall not extend the time for the deductions from the member's compensation to commence or for the member to make any lump sum payment unless the extension pursuant to subsection (c) is applicable to all members eligible to make the election. A member's election to convert class C credited service to class H credited service shall be deemed revoked as to any service for which payments by deductions from compensation do not commence, or for which the lump sum payment is not made, within the time required by this subsection.

(e) The option to convert class C credited service to class H credited service pursuant to this section shall be applicable only to the extent that the conversion may be achieved without affecting the eligibility of the system as a qualified plan under section 401(a) of the Internal Revenue Code of 1986, as amended, or the eligibility of the employer pick up under section 414(h)(2) of the Internal Revenue Code of 1986, as amended. If the trustees determine that the conditions of the foregoing sentence are satisfied, the system shall publish a statewide notice that class H members who are eligible to convert class C credited service to class H credited service under this section, subject to the provisions of this section, may convert class C credited service to class H credited service.

(f) The actuarial cost of converting a member's class C credited service to class H credited service under subsections (a) and (b) shall be based on the member's actual age in full years as of December 31, 2008, and on the member's monthly base salary or monthly basic rate of pay as of December 31, 2008, exclusive of overtime, differentials, supplementary payments, bonuses, and salary supplements, but including elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended. [L 2004, c 179, pt of §1; am L 2005, c 58, §24; am L 2006, c 169, §34; am L 2007, c 215, §22; am L 2008, c 41, §9; am L 2009, c 121, §6]
Haw. Rev. Stat. § 88-46.6 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-46.6
Erroneous contributions from compensation of class C members; contributions from overpaid compensation.
Status: in_force

Regular interest shall be credited to a class C member on any deductions erroneously made from the compensation of the member and paid into the annuity savings fund. The interest shall continue until the earlier of:

(1) Refund of the deductions to the member; or

(2) Return of the deductions to the member's employer.

The foregoing shall not require the payment of interest on deductions made from any amounts that exceed the compensation to which a member is entitled. [L 2007, c 215, §1]
Haw. Rev. Stat. § 89-19 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-19
Chapter takes precedence, when.
Status: in_force

This chapter shall take precedence over all conflicting statutes concerning this subject matter and shall preempt all contrary local ordinances, executive orders, legislation, or rules adopted by the State, a county, or any department or agency thereof, including the departments of human resources development or of personnel services or the civil service commission.
Haw. Rev. Stat. § 88-323 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-323
Class H credited service.
Status: in_force

Class H credited service includes:

(1) Service by an employee rendered since becoming a class H member;

(2) Service credited under part II as a class A member or a class B member and converted to class H credited service pursuant to section 88-322(b);

(3) Service credited under part VII as a class C member and converted to class H credited service pursuant to section 88-322(a);

(4) Service in the armed forces as provided by subpart E of part II;

(5) Mandatory maternity leave as provided in part II; and

(6) Unused sick leave as provided in section 88-63; provided that any additional service credit shall not be used in determining eligibility for retirement or for any other purpose as a class H member. [L 2004, c 179, pt of §1]
Haw. Rev. Stat. § 88-103 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-103
Records.
Status: in_force

(a) The board of trustees shall keep a record of all its proceedings which record shall be open to public inspection. It shall publish annually a report showing in detail: (1) the fiscal transactions of the system for the year ending the preceding June30, (2) the amount of the accumulated cash and securities of the system, and (3) an actuarial valuation of the assets and liabilities of the system. The board shall submit the report to the governor and shall furnish copies thereof to the heads of the various departments of the State and county for their use and the use of the members employed therein.

(b) The board shall include in its annual report submitted prior to January1 of each odd-numbered year: (1) a comparison of the investment performance of the system with the investment performances of the public employees' retirement systems of other jurisdictions which have authority to make investments substantially similar to the investment authorized under section 88-119, and (2) a comparison of the funded ratio on June30 of the preceding year with the funded ratios of the public employees' retirement systems of other jurisdictions. [L 1925, c 55, §5(10); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-67; HRS §88-93; am L 1969, c 110, pt of §1; am L 1984, c 108, §7]
Haw. Rev. Stat. § 89-18 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-18
Penalty.
Status: in_force

Any person who wilfully assaults, resists, prevents, impedes, or interferes with any member of the board or any of its agents or employees in the performance of duties pursuant to this chapter, shall be fined not more than $500 or imprisoned not more than one year, or both. The term "agent" includes a neutral third party who assists in a resolution of an impasse under section 89-11.
Haw. Rev. Stat. § 88-55 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-55
Services of field civilian personnel of the Hawaii national guard.
Status: in_force

Civilian field personnel of the Hawaii national guard are entitled to membership credit for all service performed by them in such capacity since August 1, 1946, upon making application therefor and complying with sections 88-59 and 88-324; provided that by federal law or regulation a payroll deduction has been made for the contribution required to be made into the system by the employee.

Any of the foregoing to the contrary notwithstanding, any civilian field personnel of the Hawaii national guard who elected to become, and who became, a member of the federal retirement system after December 31, 1968, shall not be entitled to membership credit for the period of time the individual was a member of the federal retirement system, nor shall the individual be entitled to any previous membership service credit for any period of service between August 1, 1946, and December 31, 1968, if the individual is entitled to a benefit under the federal retirement system for such period of service. [L 1953, c 265, §1; RL 1955, §6-39; HRS §88-55; am L 1969, c 110, pt of §1; am L 1982, c 165, §2(8); am L 2004, c 179, §8]
Haw. Rev. Stat. § 89-4 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-4
Payroll deductions.
Status: in_force

(a) Upon receiving from an exclusive representative a written statement specifying the amount of regular dues required of its members in the appropriate bargaining unit, the employer shall deduct this amount from the payroll of every member employee in the appropriate bargaining unit and remit the amount to the exclusive representative. Additionally, the employer shall deduct an amount equivalent to the regular dues from the payroll of every nonmember employee in the appropriate bargaining unit, and shall remit the amount to the exclusive representative; provided that the deduction from the payroll of every nonmember employee shall be made only for an exclusive representative that provides for a procedure for determining the amount of a refund to any employee who demands the return of any part of the deduction that represents the employee's pro rata share of expenditures made by the exclusive representative for activities of a political and ideological nature unrelated to terms and conditions of employment. If a nonmember employee objects to the amount to be refunded, the nonmember employee may petition the board for review thereof within fifteen days after notice of the refund has been received. If an employee organization is no longer the exclusive representative of the appropriate bargaining unit, the deduction from the payroll of members and nonmembers shall terminate.

(b) The employer shall, upon written authorization by an employee, executed at any time after the employee's joining an employee organization, deduct from the payroll of the employee the amount of membership dues, initiation fees, group insurance premiums, and other association benefits and shall remit the amount to the employee organization designated by the employee.

(c) The employer shall continue all payroll assignments authorized by an employee prior to July 1, 1970, and all assignments authorized under subsection (b) until the employee provides written notification within thirty days before the anniversary date of the employee's execution of the written authorization under subsection (b), to the employee's exclusive representative to discontinue the employee's assignments. The employee's exclusive representative shall provide a copy of the employee's written notification to the employer within ten business days of receipt from the employee.

(d) If any provision of this section, or application thereof to any person or circumstances, is held invalid, the remainder of the section, or the application of the provision to other persons or circumstances, shall not be affected thereby. [L 1970, c 171, pt of §2; am L 1981, c 180, §1; am L 1982, c 100, §1; gen ch 1985; am L 2018, c 7, §1]

Revision Note

"July 1, 1970" substituted for "the effective date of this chapter".
Haw. Rev. Stat. § 88-124 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-124
Payment of state contributions to the system.
Status: in_force

(a) The State shall pay to the various funds of the system the amounts payable by the State under this part. Payments shall be made:

(1) On a monthly basis, within thirty days after the end of each month; or

(2) In advance, in an amount greater than the amount payable for the current fiscal quarter, taking into account amounts previously paid during the quarter and any offsets for any excess contributions in the previous quarter.

(b) The system shall determine the actual amount owed by the State under this part for each fiscal quarter, commencing with the first fiscal quarter of fiscal year 2005-2006. The actual amounts owed by the State for the fiscal quarter shall be compared against the amounts paid in the fiscal quarter and any excess contributions from the previous quarter. Any additional contributions owed by the State for a fiscal quarter shall be paid before the end of the next fiscal quarter. Any excess contributions by the State may be used to offset amounts owed by the State for the next fiscal quarter. [L 1925, c 55, pt of §8; am L Sp 1933, c 10, §3; RL 1935, pt of §7927; am L 1935, c 48, §2; RL 1945, §712, subs 6; RL 1955, §6-100; am L Sp 1959 1st, c 13, §2; HRS §88-115; am L 1969, c 110, pt of §1; am L 2004, c 181, §4; am L 2005, c 58, §15; am L 2016, c 31, §1]
Haw. Rev. Stat. § 87A-43 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-43
[ §87A-43] Payment of public employer contributions to the other post-employment benefits trust.
Status: in_force

[ §87A-43] Payment of public employer contributions to the other post-employment benefits trust. (a) Commencing with fiscal year 2018-2019, each of the counties and all other public employers shall make annual required contributions in accordance with section 87A-42 for the benefit of their retirees and beneficiaries.

(b) The board shall determine the annual required contribution owed by each public employer under this part for each fiscal year, beginning with fiscal year 2018-2019. [L 2013, c 268, pt of §6; am L 2021, c 229, §§7, 9]
Haw. Rev. Stat. § 88-22.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-22.5
Federal tax qualification requirements.
Status: in_force

(a) The system shall be administered in accordance with the requirements of section 401(a)(1), (2), (8), (9), (25), (31), and (37) of the Internal Revenue Code of 1986, as amended. Without limiting the generality of the foregoing and notwithstanding any provision of chapter 88 to the contrary:

(1) Prior to the satisfaction of all liabilities with respect to members and their beneficiaries, no part of the corpus or income of the system shall be used for or diverted to purposes other than for the exclusive benefit of members and their beneficiaries. The payment of reasonable expenses from the expense fund for the administration of the system in accordance with section 88-116 shall be deemed to be for the benefit of members and their beneficiaries;

(2) Benefits forfeited by a member for any reason shall not be applied to increase the benefits a member or beneficiary would otherwise receive under the system;

(3) In accordance with section 88-74.7 and rules adopted by the board of trustees, the entire interest of a member shall be distributed or distribution shall begin no later than the member's "required beginning date", as defined in section 401(a)(9) of the Internal Revenue Code of 1986, as amended;

(4) In accordance with rules adopted by the board of trustees, a member or beneficiary may elect, at the time and in the manner prescribed by the board of trustees, to have any portion of an "eligible rollover distribution" paid in a "direct rollover" to an "eligible retirement plan", as those terms are defined in section 401(a)(31) of the Internal Revenue Code of 1986, as amended;

(5) If the termination of or complete discontinuance of employer contributions to the system occurs, the rights of all members to benefits accrued as of the date of the termination or discontinuance, to the extent then funded, shall be nonforfeitable; and

(6) In the case of a member who dies while performing qualified military service, as defined in section 414(u)(5) of the Internal Revenue Code, the survivors of the member shall be entitled to any additional benefits (other than benefit accruals relating to the period of qualified military service) provided under this chapter had the member resumed and then terminated employment on account of death; provided that this paragraph shall not limit the rights to which a member's designated beneficiary, spouse, reciprocal beneficiary, or children are otherwise entitled by this chapter; provided further that the legislature finds that section 88-137 provides the benefits required by this paragraph.

(b) The board of trustees shall adopt rules necessary for the purposes of this section. Rules adopted for the purposes of this section shall be exempt from the public notice, public hearing, and gubernatorial approval requirements of chapter 91; provided that the rules shall be adopted at a public meeting subject to the requirements of part I of chapter 92 and a copy of the proposed rules shall be available for public inspection at the office of the system at least six calendar days before the meeting.

(c) Notwithstanding sections 572B-9 and 572B-11, unless the civil union partners are "spouses" under applicable federal law, civil union partners shall not be entitled to the rights of spouses under this chapter where they are not entitled to the rights of spouses under the Internal Revenue Code. [L 2004, c 182, §1; am L 2011, c 96, §3; am L 2013, c 123, §3]
Haw. Rev. Stat. § 88-52 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-52
Service while a member of the legislature.
Status: in_force

Under such rules and regulations as the board of trustees may adopt, any legislator electing to become a member or any former legislator electing to become a member, shall file, on a form approved by the board, a detailed statement of all service as a legislator rendered by him for which he claims credit and which is not otherwise credited to him under this part. The board shall verify as soon as practicable the period of service therein claimed and shall allow prior service credit for all such service rendered prior to July1, 1951, anything to the contrary in this part notwithstanding. All service rendered as a member of the legislature after June30, 1951, shall be considered membership service.
Haw. Rev. Stat. § 88-137 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-137
Ordinary death benefit.
Status: in_force

If any service member dies, the service member shall be deemed to be on authorized leave without pay for the purposes of the ordinary death benefit provided in sections 88-84, 88-286(b), and 88-338.
Haw. Rev. Stat. § 87A-31.5 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-31.5
Employer contributions irrevocable.
Status: in_force

Notwithstanding any law to the contrary, all of the monthly contributions that the State and counties make to the fund under sections 87A-32, 87A-33, 87A-34, 87A-35, 87A-36, and 87A-37, and all other contributions that the State and counties may make to the fund, shall be irrevocable; provided that this shall not preclude the fund from returning contributions or payments made by the State or any county under a mistake of fact within one year after the payment of the contributions or payments.
Haw. Rev. Stat. § 88-8 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-8
University of Hawaii optional retirement system.
Status: in_force

(a) Notwithstanding any other law to the contrary, the board of regents may establish without regard to the public notice or public hearing requirements of chapter 91, a retirement system separate from the state employees' retirement system to provide retirement allowances and other benefits for University of Hawaii employees who are:

(1) Members of bargaining unit (7); or

(2) Other employees of the University of Hawaii or the community college system who are excluded from bargaining unit (7) pursuant to chapter 89.

(b) The general administration and the responsibility for the proper operation of the optional retirement system of the University of Hawaii shall be vested in the board of regents. The board of regents may manage the optional retirement system within the University of Hawaii or contract for the management of the optional retirement system.

(c) The board of regents may establish vesting periods for the members of the optional retirement system of the University of Hawaii that are different from those established in this chapter.

(d) The board of regents may establish retirement allowances and other benefits for the optional retirement system of the University of Hawaii.

(e) The employer's share of the cost of the optional retirement plan of the optional retirement system of the University of Hawaii shall not exceed the equivalent amount for any other group covered by this chapter.

(f) Any member of the state employees' retirement system when the optional retirement system of the University of Hawaii is established who is also:

(1) A member of bargaining unit (7); or

(2) Other employees of the University of Hawaii or the community college system who are excluded from bargaining unit (7) pursuant to chapter 89,

shall remain a member of the state employees' retirement system unless the person elects in writing on a form prescribed by the board of regents to terminate the person's membership. The form shall be submitted to the state employees' retirement system no later than ninety days after the establishment of the optional retirement system of the University of Hawaii.

(g) Any person hired after the establishment of the optional retirement system of the University of Hawaii who is:

(1) A member of bargaining unit (7); or

(2) Other employees of the University of Hawaii or the community college system who are excluded from bargaining unit (7) pursuant to chapter 89,

shall elect to be a member of the state employees' retirement system or the optional retirement system of the University of Hawaii. Upon an election the person may not transfer from one system to the other.

(h) Notwithstanding any other law to the contrary, retirement benefits for the optional retirement system of the University of Hawaii shall be a subject of collective bargaining negotiations for bargaining unit (7). [L 1998, c 115, §3; am L 2004, c 180, §§1, 3]
Haw. Rev. Stat. § 88-162 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-162
Dismissal after ten years' service; pension.
Status: in_force

Any member of the police force, fire department, or band in any county not having a civil service commission, who shall be dismissed from service without cause after the member shall have been in actual service for ten years or more, but not exceeding twenty years and who shall be unable through sickness or other disability to support oneself and one's dependents, shall receive from the pension system a monthly payment equal to twenty-five per cent of the average monthly compensation for the ten years of service immediately preceding the member's dismissal so long as so disabled.
Haw. Rev. Stat. § 88-272 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-272
Credited service.
Status: in_force

Credited service includes:

(1) Service by an employee rendered since becoming a member;

(2) Service credited under part II as a class A or class B member for members who make the election described in section 88-271(a);

(3) Service for members who return to service in the manner described in section 88-271(b);

(4) Service in the armed forces as provided by subpart E of part II; provided that the service shall be credited at no cost upon certification by the system;

(5) Mandatory maternity leave as provided in part II; provided that such service shall be credited at no cost upon certification by the system;

(6) Service rendered prior to becoming a class C member as described in section 88-51 that is not included in paragraphs (1) to (5); provided that the service shall be credited at no cost. Upon certification by the system, that service shall be credited at the rate of one month of service credit for each month of service rendered following the return to membership; and

(7) Unused sick leave as provided in section 88-63; provided that any additional service credit shall not be used in determining eligibility for retirement or for any other purpose as a class C member. [L 1984, c 108, pt of §8; am L 1990, c 104, §4 and c 141, §3]
Haw. Rev. Stat. § 88D-1 — HI Code / Division 1 / Title 7 / Chapter 88D / Section 88D-1
Definitions.
Status: in_force

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

"Employee" shall have the same meaning as defined in section 76-11.

"Jurisdiction" shall have the same meaning as defined in section 76-11.

"Special pay plan" means a governmental retirement plan that meets the requirements of sections 401(a) and 414(d) of the Internal Revenue Code, and which may be a qualified pick-up plan under section 414(h)(2) of the Internal Revenue Code. [L 2003, c 109, pt of §2]
Haw. Rev. Stat. § 88-85 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-85
Accidental death benefit.
Status: in_force

(a) In the case of an accidental death as determined by the system pursuant to section 88-85.5, there shall be paid to the member's designated beneficiary or to the member's estate the amount of the member's accumulated contributions and there shall be paid in lieu of the ordinary death benefit payable under section 88-84, a pension of one-half of the average final compensation of the member:

(1) To the surviving spouse or reciprocal beneficiary of the member to continue until the surviving spouse or reciprocal beneficiary remarries, marries, or enters into a new reciprocal beneficiary relationship;

(2) If there be no surviving spouse or reciprocal beneficiary, or if the surviving spouse or reciprocal beneficiary dies or remarries, marries, or enters into a new reciprocal beneficiary relationship before any child of the deceased member shall have attained the age of eighteen years, then to the deceased member's child or children under the age of eighteen, divided in the manner as the system in its discretion shall determine, to continue as a joint and survivor pension of one-half of the deceased member's final compensation until every child dies, or attains the age of eighteen; or

(3) If there is no surviving spouse or reciprocal beneficiary or child under the age of eighteen years surviving the deceased member, then to the deceased member's dependent father or dependent mother, as the deceased member shall have nominated by written designation duly acknowledged and filed with the system, or if there is no nomination, then to the deceased member's dependent father or to the deceased member's dependent mother as the system, in its discretion, shall direct to continue for life.

The pension shall be effective on the first day of the month following the member's death, except for the month of December, when benefits shall be effective on the first or last day of the month.

(b) Notwithstanding any other law to the contrary, any condition of impairment of health caused by any disease of the heart, lungs, or respiratory system, resulting in death to a firefighter, police officer, or sewer worker, shall be presumed to have been suffered in the actual performance of duty at some definite time and place through no wilful negligence on the firefighter's, police officer's, or sewer worker's part, and as a result of the inherent occupational hazard of exposure to and inhalation of smoke, toxic gases, chemical fumes, and other toxic vapors, unless the contrary be shown by competent evidence; provided that such firefighter, police officer, or sewer worker shall have passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition.

(c) Benefits payable under subsection (a) shall continue through the end of the last month in which the payee is eligible for the benefit. [L 1925, c 55, §6(9); am L 1927, c 251, §§1, 4, 5; RL 1935, pt of §7925; RL 1945, §708, subs 9; RL 1955, §6-52; HRS §88-78; am L 1969, c 110, pt of §1; am L 1974, c 118, §1(2) and c 182, §4; am L 1977, c 44, §1 and c 191, §2; gen ch 1985; am L 1997, c 383, §29; am L 2002, c 128, §9; am L 2004, c 179, §13; am L 2005, c 58, §10; am L 2006, c 169, §15; am L 2017, c 17, §5]
Haw. Rev. Stat. § 76-77 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-77
Civil service and exemptions.
Status: in_force

The civil service to which this part applies comprises all positions in the public service of each county, now existing or hereafter established, and embraces all personal services performed for each county, except the following:

(1) Positions in the office of the mayor; provided that the positions shall be included in the classification systems;

(2) Positions of officers elected by public vote, positions of heads of departments, and positions of one first deputy or first assistant of heads of departments;

(3) Positions of deputy county attorneys, deputy corporation counsel, deputy prosecuting attorneys, and law clerks;

(4) Positions of members of any board, commission, or agency;

(5) Positions filled by students; positions filled through federally funded programs that provide temporary public service employment such as the federal Comprehensive Employment and Training Act of 1973; and employees engaged in special research or demonstration projects approved by the mayor, for which projects federal funds are available;

(6) Positions of district judges, jurors, and witnesses;

(7) Positions filled by persons employed by contract where the personnel director has certified that the service is special or unique, is essential to the public interest, and that because of the circumstances surrounding its fulfillment, personnel to perform the service cannot be recruited through normal civil service procedures; provided that no contract pursuant to this paragraph shall be for any period exceeding one year;

(8) Positions of a temporary nature needed in the public interest where the need does not exceed ninety days; provided that before any person may be employed to render temporary service pursuant to this paragraph, the director shall certify that the service is of a temporary nature and that recruitment through normal civil service recruitment procedures is not practicable; and provided further that the employment of any person pursuant to this paragraph may be extended for good cause for an additional period not to exceed ninety days upon similar certification by the director;

(9) Positions of temporary election clerks in the office of the county clerk employed during election periods;

(10) Positions specifically exempted from this part by any other state statutes;

(11) Positions of one private secretary for each department head; provided that the positions shall be included in the classification systems;

(12) Positions filled by persons employed on a fee, contract, or piecework basis who may lawfully perform their duties concurrently with their private business or profession or other private employment, if any, and whose duties require only a portion of their time, where it is impracticable to ascertain or anticipate the portion of time devoted to the service of the county and that fact is certified by the director;

(13) Positions filled by persons with a severe disability who are certified by the state vocational rehabilitation office as able to safely perform the duties of the positions;

(14) Positions of the housing and community development office or department of each county; provided that this exemption shall not preclude each county from establishing these positions as civil service positions;

(15) The following positions in the office of the prosecuting attorney: private secretary to the prosecuting attorney, secretary to the first deputy prosecuting attorney, and administrative or executive assistants to the prosecuting attorney; provided that the positions shall be included in the classification systems; and

(16) Positions or contracts for personal services with private persons or entities for services lasting no longer than one year and at a cost of no more than $750,000; provided that the exemption under this paragraph shall apply to contracts for building, custodial, and grounds maintenance services with qualified community rehabilitation programs, as defined in section 103D-1001, lasting for no longer than a year and at a cost of no more than $3,000,000 in the aggregate per private person or entity, regardless of the number of contracts or qualified community rehabilitation programs utilized for the personal service.

The director shall determine the applicability of this section to specific positions and shall determine whether or not positions exempted by paragraphs (7) and (8) shall be included in the classification systems.

Nothing in this section shall be deemed to affect the civil service status of any incumbent private secretary of a department head who held that position on May 7, 1977. [L 1955, c 274, pt of §1; RL 1955, §3-61; am L 1957, c 42, §1, c 156, §1(3), and c 207, §1(g), (h); am L 1967, c 160, §3; HRS §76-77; am L 1970, c 188, §39; am L 1977, c 61, pt of §1; am L 1980, c 111, §3; am L 1987, c 371, §1; am L 1990, c 219, §3 and c 233, §2; am L 1991, c 192, §1; am L 1992, c 33, §2; am L 2000, c 253, §35; am L 2007, c 191, §1; am L 2008, c 213, §1; am L 2025, c 213, §1]
Haw. Rev. Stat. § 78-20 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-20
Sureties.
Status: in_force

Whenever by any law, regulation, ordinance, rule or order of court, or any rule of any department of the state government or of any subdivision thereof, any person shall be required to give any written bond or undertaking for the performance of any contract or the provisions of any license, or for the indemnity or security of any person, party or any officer, there shall be attached to the bond or undertaking an affidavit of each of the sureties thereon, duly verified by oath, from which it shall appear that the sureties have property situate within the State subject to execution and that the sureties taken together are worth in the property the amount of the penalty specified in the bond or undertaking, over and above all of their debts and liabilities. In default of the justification no bond or undertaking shall be accepted. Notwithstanding any provision requiring two or more sureties, if any such bond or undertaking is executed by the principal and by any corporation, organized for the purpose of becoming surety on such bonds, authorized under the laws of the United States or of the State to act as surety, and doing business in the State under the provisions of the laws of the United States or of the State, if a foreign corporation, and under the laws of the State, if a Hawaiian corporation, the corporation may be accepted as sole surety on the bond, whenever, in the opinion of the officer or officers whose duty it is to approve the bond, the rights of all parties in interest will be fully protected. When the surety on any such bond is a corporation authorized to do a surety company business, no justification shall be required.

Nothing herein shall be deemed to prevent the deposit of cash or other security in lieu of any surety or sureties, when permitted by the law, regulation, ordinance, rule or order concerned. [L 1915, c 197, §1; am L 1917, c 78, §1; RL 1925, §161; am L 1931, c 163, §1; RL 1935, §160; RL 1945, §497; RL 1955, §7-21; HRS §78-20; am L 1973, c 32, §1]
Haw. Rev. Stat. § 88-126 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-126
Payment of county contributions to the system.
Status: in_force

(a) Commencing with fiscal year 2005-2006, each of the counties shall make contributions in accordance with section 88-123. The amounts payable under this part by each county on account of its employees who are members of the system shall be paid by the county as follows:

(1) Before October 31, 2005, for the period from July 1, 2005, through September 30, 2005;

(2) Commencing October 1, 2005, each county shall pay on a monthly basis the amounts payable by the county under this part on account of its employees who are members of the system. Payments shall be made within thirty days after the end of the month; and

(3) Commencing July 1, 2016:

(A) On a monthly basis, within thirty days after the end of each month; or

(B) In advance, in an amount greater than the amount payable for the current fiscal quarter, taking into account amounts previously paid during the quarter and any offsets for any excess contributions in the previous quarter.

(b) The system shall determine the actual amount owed by a county under this part for each fiscal quarter, beginning with the first fiscal quarter of fiscal year 2005-2006. The actual amounts owed by the county for the fiscal quarter shall be compared against the amounts paid in the fiscal quarter and any excess contributions from the previous quarter. Any additional contributions owed by the county for a fiscal quarter shall be paid before the end of the next fiscal quarter. Any excess contributions by the county may be used to offset amounts owed by the county for the next fiscal quarter.

(c) If the amount or any portion of the amounts owed is not paid by the county before the dates specified in subsection (a), the director of finance shall retain out of the transient accommodations tax money collected a sum equal to the amount or portion thereof not so paid. All the moneys retained and collected by the director of finance shall be deposited in the appropriate fund or funds of the system. The amount of any deficiency in meeting the obligations shall be added to the amount due from the county for the succeeding quarter. [L 1925, c 55, §8; am imp L 1927, c 251, §4; am imp L 1929, c 182, §1; am imp L 1932 2d, c 50, §1; am L 1933, c 181; am L Sp 1933, c 10, §§2, 3; RL 1935, §7927; am L 1935, c 48, §§2, 4; am L Sp 1941, c 67, §1; RL 1945, pt of §712; RL 1955, §6-102; am L 1957, c 152, §1; am L Sp 1959 2d, c 1, §§12, 14; am L 1963, c 114, §1; HRS §88-117; am L 1969, c 110, pt of §1; am L 1994, c 138, §2; am L 1998, c 151, §17; am L 2004, c 181, §6; am L 2005, c 58, §16; am L 2016, c 31, §2]
Haw. Rev. Stat. § 89-2 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-2
Definitions.
Status: in_force

As used in this chapter:

"Appropriate bargaining unit" means the unit designated to be appropriate for the purpose of collective bargaining pursuant to section 89-6.

"Arbitration" means the procedure whereby parties involved in an impasse submit their differences to a third party, whether a single arbitrator or an arbitration panel, for an arbitration decision. It may include mediation whereby the neutral third party is authorized to assist the parties in a voluntary resolution of the impasse.

"Board" means the Hawaii labor relations board created pursuant to section 89-5.

"Collective bargaining" means the performance of the mutual obligations of the public employer and an exclusive representative to meet at reasonable times, to confer and negotiate in good faith, and to execute a written agreement with respect to wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment, except that by any such obligation neither party shall be compelled to agree to a proposal or be required to make a concession. For the purposes of this definition, "wages" includes the number of incremental and longevity steps, the number of pay ranges, and the movement between steps within the pay range and between the pay ranges on a pay schedule under a collective bargaining agreement.

"Cost items" means all items agreed to in the course of collective bargaining that an employer cannot absorb under its customary operating budgetary procedures and that require additional appropriations by its respective legislative body for implementation.

"Day" means a calendar day unless otherwise specified.

"Employee" or "public employee" means any person employed by a public employer, except elected and appointed officials and other employees who are excluded from coverage in section [89-6(f)].

"Employee organization" means any organization of any kind in which public employees participate and which exists for the primary purpose of dealing with public employers concerning grievances, labor disputes, wages, hours, amounts of contributions by the State and counties to the Hawaii employer-union health benefits trust fund, and other terms and conditions of employment of public employees.

"Employer" or "public employer" means the governor in the case of the State, the respective mayors in the case of the counties, the chief justice of the supreme court in the case of the judiciary, the board of education in the case of the department of education, the board of regents in the case of the University of Hawaii, the Hawaii health systems corporation board in the case of the Hawaii health systems corporation, and any individual who represents one of these employers or acts in their interest in dealing with public employees. In the case of the judiciary, the administrative director of the courts shall be the employer in lieu of the chief justice for purposes which the chief justice determines would be prudent or necessary to avoid conflict.

"Exclusive representative" means the employee organization certified by the board under section 89-8 as the collective bargaining agent to represent all employees in an appropriate bargaining unit without discrimination and without regard to employee organization membership.

"Impasse" means failure of a public employer and an exclusive representative to achieve agreement in the course of collective bargaining. It includes any declaration of an impasse under section 89-11.

"Jurisdiction" means the State, the city and county of Honolulu, the county of Hawaii, the county of Maui, the county of Kauai, the judiciary, and the Hawaii health systems corporation.

"Legislative body" means the legislature in the case of the State, including the judiciary, the department of education, the University of Hawaii, and the Hawaii health systems corporation; the city council, in the case of the city and county of Honolulu; and the respective county councils, in the case of the counties of Hawaii, Maui, and Kauai.

"Mediation" means assistance by a neutral third party to resolve an impasse between the public employer and the exclusive representative through interpretation, suggestion, and advice.

"Strike" means a public employee's refusal, in concerted action with others, to report for duty, or the employee's wilful absence from the employee's position, or the employee's stoppage of work, or the employee's abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment, for the purpose of inducing, influencing, or coercing a change in the conditions, compensation, rights, privileges, or obligations of public employment; and except in the case of absences authorized by public employers, includes such refusal, absence, stoppage, or abstinence by any public employee out of sympathy or support for any other public employee who is on strike or because of the presence of any picket line maintained by any other public employee; provided that, nothing herein shall limit or impair the right of any public employee to express or communicate a complaint or opinion on any matter related to the conditions of employment. [L 1970, c 171, pt of §2; am L 1977, c 159, §16; am L 1980, c 252, §1; am L 1981, c 180, §2; am L 1984, c 254, §3; am L 1985, c 251, §3; gen ch 1985; am L 2000, c 253, §93; am L 2001, c 90, §8; am L 2002, c 232, §5; am L 2005, c 245, §§3, 8; am L 2007, c 294, §2; am L Sp 2008, c 5, §1; am L 2010, c 106, §2; am L 2011, c 43, §1]
Haw. Rev. Stat. § 87A-6 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-6
Term of a trustee; vacancy.
Status: in_force

[See explanatory note below.] The term of office of each trustee shall be four years; provided that a trustee may be reappointed for one additional consecutive four-year term.

A vacancy on the board shall be filled in the same manner as the trustee who vacated that position was nominated or appointed; provided that the criteria used for nominating or appointing the successor shall be the same criteria used for nominating or appointing the person's predecessor; provided further that vacancies on the board for each trustee position representing retirees and employee-beneficiaries appointed under section 87A-5(1)(A) and (B) shall be filled by appointment of the governor as follows:

(1) If a vacancy occurs in one of the trustee positions described in section 87A-5(1)(A), then the vacancy shall be appointed from a list of two nominees submitted by the exclusive employee representative from among the three largest exclusive employee representatives that does not have a trustee among the three trustee positions;

(2) If a vacancy occurs in a trustee position described in section 87A-5(1)(B), then the vacancy shall be appointed from a list of two nominees submitted by mutual agreement of the exclusive employee representatives described in section 87A-5(1)(B); and

(3) If a vacancy occurs in the retiree position described in section 87A-5(1)(C), then the vacancy shall be appointed from a list of two nominees submitted by mutual agreement of all eligible exclusive employee representatives.

If by the end of a trustee's term the trustee is not reappointed or the trustee's successor is not appointed, the trustee shall serve until the trustee's successor is appointed. [L 2001, c 88, pt of §1; am L 2005, c 250, §2]

Explanatory Note
Haw. Rev. Stat. § 88-140 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-140
Duration of service member's status.
Status: in_force

(a) An active member of the system who leaves active service of the State or any county for the purpose of entering the military service of the United States in time of war or declared national or state emergency, or is called involuntarily to active duty after June 24, 1950, shall be entitled to the benefits of sections 88-134, 88-135, and 88-137:

(1) For so long as the member remains in active full-time military service, up to an aggregate of five years; and

(2) For an additional period ending on the earlier of:

(A) The ninety-first day after the termination of the member's eligibility for benefits pursuant to paragraph (1); or

(B) The day the member returns to the active service of the State or a county.

(b) If a service member resigns from employment by the State or a county and waives the service member's right to reemployment, the service member's status shall be the same as a regular member who terminated the regular member's employment as of the earlier of:

(1) The effective date of the service member's resignation from employment; or

(2) The expiration of the service member's rights under subsection (a). [L 1951, c 262, pt of §3; RL 1955, §6-119; HRS §88-130; am L 1969, c 61, §1 and c 110, pt of §1; gen ch 1985; am L 2006, c 169, §25]
Haw. Rev. Stat. § 87A-7 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-7
Chair, vice-chair, and secretary-treasurer.
Status: in_force

The trustees shall elect from among the members a chair, a vice-chair, and a secretary-treasurer.
Haw. Rev. Stat. § 88-219 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-219
Referendum.
Status: in_force

With respect to any state retirement system to which this part applies or to any retirement system of a political subdivision whose governing body so requests, the governor is empowered to authorize a referendum, and shall designate an agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State, or by a political subdivision thereof should be excluded from or included under an agreement under this part. The notice of referendum required by section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or the individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this part. Upon receiving evidence satisfactory to the governor that with respect to any such referendum the conditions specified in section 218(d)(3) of the Social Security Act have been met, the governor shall so certify to the Secretary of Health and Human Services.
Haw. Rev. Stat. § 88-24 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-24
Composition of board.
Status: in_force

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

(1) The director of finance of the State, ex officio;

(2) Four members of the system, two of whom shall be general employees, one of whom shall be a teacher, and one of whom shall be a retirant to be elected by the members and retirants of the system under rules adopted by the board governing the election to serve for terms of six years each, one of the terms to expire on January 1 of each even-numbered year; provided that, if after the close of filing of petitions for candidacy, a member is unopposed for election to a trustee position, the member shall be deemed and declared to be duly and legally elected to the position of trustee without an election; and

(3) Three citizens of the State who are not employees, two of whom shall have at least three years of experience providing financial services, including investments, to public, corporate, or private institutional clients, to be appointed by the governor, with the advice and consent of the senate, to serve for a term of six years each, one of the terms to expire January 1 of each odd-numbered year.

Each trustee shall serve until the trustee's successor is elected or appointed, as the case may be, and qualified. For the purpose of this section, the term "general employees" includes police officers and firefighters. [L 1925, c 55, §5(2); RL 1935, pt of §7924; RL 1945, pt of §707; am L 1947, c 85, §1(b); am L 1951, c 93, §1; RL 1955, §6-61; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §88-24; am L 1969, c 110, pt of §1; am L 1978, c 83, §1; am L 1982, c 165, §2(2); gen ch 1985; am L 1990, c 142, §1; am L 1993, c 349, §1; am L 2012, c 72, §1]
Haw. Rev. Stat. § 78-2.8 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-2.8
Public employees; termination.
Status: in_force

(a) If a public employee is convicted of a felony for conduct related to the public employee's duties, the public employee shall be terminated from the public employee's position.

(b) If the felony conviction that results in the termination of a public employee pursuant to subsection (a) is overturned on appeal, the public employee shall receive back pay and be returned to the position the public employee held prior to conviction, or an equivalent position if the public employee's position was filled; provided that the employee is not terminated from the employee's position in accordance with any other provision of law.

(c) For purposes of this section:

(1) "Public employee" means any public employee of the State or any county, and the political subdivisions and agencies thereof, any employees under contract with the State or county, any civil service employees, and any probationary or provisional employees of the State or county;

(2) Employees covered by chapter 89 shall be entitled to a grievance procedure culminating in a final and binding decision; and

(3) A rebuttable presumption shall arise that the criminal conviction is just and proper cause for the employee's termination. [L 2003, c 150, §2]
Haw. Rev. Stat. § 88-13 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-13
Bonus; retirants not eligible for.
Status: in_force

No bonus shall be paid to any person who retires on or after July1, 1957, and who will receive or who is receiving social security benefits when said benefits are based in whole or in part upon contributions made by the State or any of its political subdivisions.
Haw. Rev. Stat. § 84-34 — HI Code / Division 1 / Title 7 / Chapter 84 / Section 84-34
No compensation.
Status: in_force

The members of the ethics commission shall serve without compensation but shall be allowed their actual and necessary expenses incurred in the performance of their duties.
Haw. Rev. Stat. § 76-13.5 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-13.5
Classification.
Status: in_force

(a) Each director shall establish, implement, and maintain one or more classification systems covering all civil service positions, not otherwise exempted by rules. The classification systems shall be constructed with the objective of achieving equal pay for equal work as provided in section 76-1. The director shall adopt rules that allow for the administrative review of classification and initial pricing actions.

(b) Wherever reference is made in statutes that positions are either subject to or exempt from "chapter 77" prior to July 1, 2002, the positions shall be subject or exempt from the appropriate classification systems established under this section. [L 2000, c 253, §3]

Revision Note

"July 1, 2002" substituted for "the effective date of this Act".
Haw. Rev. Stat. § 88-80 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-80
Allowance on retirement for service-connected disability.
Status: in_force

Upon retirement for service-connected disability, a member shall receive the amount of the member's accumulated contributions and a maximum retirement allowance that shall consist of fifty per cent of the member's average final compensation.
Haw. Rev. Stat. § 88-341 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-341
Rights of members separated from service.
Status: in_force

(a) Any class H member who ceases to be an employee and who became a member before July 1, 2012, and has fewer than five years of credited service, excluding unused sick leave, or who becomes a member after June 30, 2012, and has fewer than ten years of credited service, excluding unused sick leave, shall, upon application to the board, be paid all of the former employee's accumulated contributions, and the former employee's membership shall thereupon terminate and all credited service shall be forfeited; provided that an individual shall not be paid the individual's accumulated contributions if either:

(1) The individual becomes an employee again within fifteen calendar days from the date the individual ceased to be an employee; or

(2) At the time the application for return of accumulated contributions is received by the board, the individual has become an employee again.

Regular interest shall be credited to the former employee's account until the former employee's accumulated contributions are withdrawn; provided that the former employee's membership shall not continue after the fourth full year following the calendar year in which the individual's employment terminates. If the former employee does not become an employee again and has not withdrawn the former employee's accumulated contributions, the system shall return the former employee's accumulated contributions to the former employee pursuant to sections 88-22.5 and 88-74.7.

(b) Any class H member who ceases to be an employee and who became a member before July 1, 2012, and has more than five years of credited service, excluding unused sick leave, or who becomes a member after June 30, 2012, and has more than ten years of credited service, excluding sick leave, shall, upon application to the board, be paid an amount equal to the former employee's hypothetical account balance and the former employee's membership shall thereupon terminate and all credited service shall be forfeited; provided that the individual shall not be paid the individual's hypothetical account balance if either:

(1) The individual becomes an employee again within fifteen calendar days from the date the individual ceased to be an employee; or

(2) At the time the application for payment of the individual's hypothetical account balance is received by the board, the individual has become an employee again.

If the contributions are not withdrawn by the former employee after the individual's employment terminates, the former employee shall have vested benefit status and shall be eligible for the service retirement benefit in effect at the time of the former employee's retirement, payable in accordance with this chapter.

(c) In case of the death after the termination of service and prior to retirement of any former class H member who has not withdrawn the member's contributions, there shall be paid to the former member's estate or to the person that the former member has nominated by written designation duly executed and filed with the board:

(1) The former member's accumulated contributions, if the former member became a member before July 1, 2015, and had fewer than five years of credited service at the time of death or if the former member became a member after June 30, 2015, and had fewer than ten years of credited service at the time of death; or

(2) The former member's hypothetical account balance, if the former member became a member before July 1, 2015, and had five or more years of credited service at the time of death or if the former member became a member after June 30, 2015, and had ten or more years of credited service at the time of death. [L 2004, c 179, pt of §1; am L 2005, c 58, §31; am L 2006, c 169, §39; am L 2011, c 163, §15; am L 2015, c 85, §2; am L 2025, c 52, §4]
Haw. Rev. Stat. § 89-12 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-12
Strikes, rights and prohibitions.
Status: in_force

(a) It shall be unlawful for any employee to participate in a strike if the employee:

(1) Is not included in the appropriate bargaining unit involved in an impasse; or

(2) Is included in the appropriate bargaining unit involved in an impasse that has been referred to arbitration for a decision.

(b) It shall be lawful for an employee, who is not prohibited from striking under subsection (a) and who is in the appropriate bargaining unit involved in an impasse, to participate in a strike under the following conditions:

(1) The requirements of section 89-11 relating to the resolution of disputes have been complied with in good faith;

(2) The proceedings for the prevention of any prohibited practices have been exhausted;

(3) The collective bargaining agreement and any extension of the agreement has expired; and

(4) The exclusive representative has given a ten-day notice of intent to strike, together with a statement of its position on all remaining issues in dispute, to the employer and the board.

Within three days of receipt of the notice of intent to strike, the employer shall submit its position on the remaining issues in dispute that are included in the statement transmitted by the exclusive representative with its notice of intent to strike. The board shall immediately release the information on the positions of the parties to the public.

(c) If any employee organization or any employee is violating or failing to comply with the requirements of this section, or if there is reasonable cause to believe that an employee organization or an employee will violate or fail to comply with such requirements, the public employer affected shall, forthwith, institute appropriate proceedings in the circuit in which the violation occurs to enjoin the performance of any acts or practices forbidden by this section, or to require the employee organization or employees to comply with the requirements of this section. Jurisdiction to hear and dispose of all actions under this section is conferred upon each circuit court, and each court may issue in compliance with chapter 380, such orders and decrees, by way of injunction, mandatory injunction, or otherwise, as may be appropriate to enforce this section. The right to a jury trial shall not apply to any proceeding brought under this section. [L 1970, c 171, pt of §2; am L 1980, c 252, §2; gen ch 1985; am L 2000, c 253, §101; am L 2001, c 90, §§7, 10; am L 2002, c 148, §6 and c 232, §4]
Haw. Rev. Stat. § 88E-1 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-1
Definitions.
Status: in_force

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

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

"Employee" means a person who is eligible to participate in the employees' retirement system of the State of Hawaii as defined in section 88-21.

"State" means the State of Hawaii. [L Sp 1981 1st, c 7, pt of §1]

Revision Note

Numeric designations deleted and definitions rearranged.
Haw. Rev. Stat. § 78-13 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-13
Salary periods.
Status: in_force

(a) Unless otherwise provided by law, all officers and employees shall be paid at least semimonthly except that substitute teachers, part-time hourly rated teachers of adult and evening classes, and other part-time, intermittent, or casual employees may be paid once a month and that the governor, upon reasonable notice and upon determination that the payroll payment basis should be converted from predicted payroll to after-the-fact payroll, may allow a one-time once a month payroll payment to all public officers and employees to effect a conversion to after-the-fact payroll as follows:

(1) The implementation of the after-the-fact payroll will commence with the June 30, 1998, pay day, which will be delayed to July 1, 1998;

(2) The July 15, 1998, pay day will be delayed to July 17, 1998;

(3) The July 31, 1998, pay day will be delayed to August 3, 1998;

(4) The August 14, 1998, pay day will be delayed to August 19, 1998;

(5) The August 31, 1998, pay day will be delayed to September 4, 1998;

(6) The September 15, 1998, pay day will be delayed to September 18, 1998; and

(7) Thereafter, pay days will be on the fifth and the twentieth of every month. If the fifth and the twentieth fall on a state holiday, Saturday, or Sunday, the pay day will be the immediately preceding weekday.

The implementation of the after-the-fact payroll shall not be subject to negotiation under chapter 89.

(b) If an employee has been working for the State for at least six months, has no paid leave accumulated, and has an existing salary overpayment balance:

(1) The employee may be paid the employee's salary on the same pay dates and for the same pay periods as non-salaried employees.

(2) Upon accumulation of eighty hours of paid leave, the employee shall be paid the employee's salary on the same pay dates and for the same pay periods as salaried employees.

(c) If an employee has been working for the State for at least six months and has had at least two incidents of leave which results in salary overpayment within the past six months:

(1) The employee may be paid the employee's salary on the same pay dates and for the same pay period as non-salaried employees.

(2) If there are no incidents of leave which result in salary overpayment for a subsequent four-month period, the employee shall be paid the employee's salary on the same pay dates and for the same pay periods as salaried employees.

(d) The implementation of subsections (b) and (c) shall not be subject to negotiation under chapter 89.

(e) All employees, except those belonging to bargaining units 5 and 7, hired on or after July 1, 1998, shall be paid on the same pay dates and for the same pay periods as non-salaried employees. [L 1961, c 130, §1; am L 1963, c 60, §1; Supp, §5-14.5; HRS §78-13; am L 1974, c 129, §1; am L 1996, c 80, §1; am L 1997, c 355, §1; am L 1998, c 109, §1 and c 110, §3]

Revision Note

Subsection (e) redesignated pursuant to §23G-15(1).
Haw. Rev. Stat. § 88-42.6 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-42.6
Membership of elective officers.
Status: in_force

(a) An elective officer shall be a member of the employees' retirement system; provided that an elective officer shall have a one-time election to be excluded from membership in the employees' retirement system.

(b) Unless the elective officer is a member of the system, a former member of the system, or a retirant, an elective officer shall make the election to be excluded from membership in the system no later than thirty days following the elective officer's taking office. The election shall be irrevocable. If the elective officer fails to make an election to be excluded from membership in the system within the period allowed for making the election, the elective officer shall become a member effective as of the date the elective officer takes office.

(c) Notwithstanding section 88-21, 88-98, 88-273(c), or 88-344, or any other law to the contrary, the retirement allowance of a retirant who returns to service as an elective officer shall not be suspended if the retirant:

(1) Retired pursuant to section 88-73(d); or

(2) Has been retired for at least twelve consecutive months prior to return to service and elects to have the retirement allowance continue. The election whether or not to have the retirant's retirement allowance continue shall be irrevocable and shall be made no later than thirty days following the retirant's first return to service as an elective officer.

If the retirant's retirement allowance is not suspended, the retirant shall not become a member of the system and shall not earn additional service credit or gain any additional retirement benefits.

(d) An elective officer who retired pursuant to section 88-73(d) shall not be eligible for membership in the system while serving as an elective officer. [L 2008, c 47, §2]
Haw. Rev. Stat. § 87A-23 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-23
Health benefits plan supplemental to medicare.
Status: in_force

The board shall establish a health benefits plan, which takes into account benefits available to an employee-beneficiary and spouse under medicare, subject to the following conditions:

(1) There shall be no duplication of benefits payable under medicare. The plan under this section, which shall be secondary to medicare, when combined with medicare and any other plan to which the health benefits plan is subordinate under the National Association of Insurance Commissioners' coordination of benefit rules, shall provide benefits that approximate those provided to a similarly situated beneficiary not eligible for medicare;

(2) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a contribution equal to an amount not less than the medicare part B premium, excluding medicare income-related monthly adjustment amounts for a retired employee hired after June 30, 2023, and their spouse, for each of the following who are enrolled in the medicare part B medical insurance plan: (A) an employee-beneficiary who is a retired employee, (B) a spouse of an employee-beneficiary hired prior to July 1, 2023, while the employee-beneficiary is living, and (C) an employee-beneficiary's spouse, after the death of the employee-beneficiary, if the spouse qualifies as an employee-beneficiary. If the amount reimbursed by the fund under this section is less than the actual cost of the medicare part B medical insurance plan, excluding medicare income-related monthly adjustment amounts for a retired employee hired after June 30, 2023, and their spouse, due to an increase in the medicare part B medical insurance plan rate, the fund shall reimburse each employee-beneficiary and spouse of an employee-beneficiary hired prior to July 1, 2023, for the cost increase within thirty days of the rate change. Each employee-beneficiary and employee-beneficiary's spouse who becomes entitled to reimbursement from the fund for medicare part B premiums after July 1, 2006, shall designate a financial institution account into which the fund shall be authorized to deposit reimbursements. This method of payment may be waived by the fund if another method is determined to be more appropriate. For purposes of this section, a "retired employee" means retired members of the employees' retirement system; county pension system; or a police, firefighters, or bandsmen pension system of the State or a county as set forth in chapter 88 ;

(3) The benefits available under this plan, when combined with benefits available under medicare or any other coverage or plan to which this plan is subordinate under the National Association of Insurance Commissioners' coordination of benefit rules, shall approximate the benefits that would be provided to a similarly situated employee-beneficiary not eligible for medicare;

(4) All employee-beneficiaries or dependent-beneficiaries who are eligible to enroll in the medicare part B medical insurance plan shall enroll in that plan as a condition of receiving contributions and participating in benefits plans under this chapter. This paragraph shall apply to retired employees, their spouses, and the surviving spouses of deceased retirees and employees killed in the performance of duty; and

(5) The board shall determine which of the employee-beneficiaries and dependent-beneficiaries, who are not enrolled in the medicare part B medical insurance plan, may participate in the plans offered by the fund. [L 2001, c 88, pt of §1; am L 2003, c 111, §1; am L 2006, c 39, §1; am L 2023, c 40, §2 and c 41, §2]
Haw. Rev. Stat. § 88-9 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-9
Employment of retirants.
Status: in_force

(a) A retirant may not be employed by the State or by any county unless the retirant is reenrolled in the system pursuant to this chapter, or unless the employment, without reenrollment, is authorized by this section. A retirant whose employment without reenrollment in the system is authorized by this section shall acquire no service credit or retirement rights under this chapter with respect to the employment and shall not be considered to be in service for purposes of this chapter.

(b) Any retirant employed in violation of this section shall:

(1) Reimburse the system for any retirement allowance or other benefit received from the system during the period or periods of employment in violation of this section, plus interest thereon at the rate of eight per cent per annum;

(2) Pay the system an amount of money equal to the employee contributions that would otherwise have been paid during the period or periods of employment in violation of this section, plus interest thereon at the rate of eight per cent per annum; and

(3) Contribute toward reimbursement of the system for administrative expenses incurred in responding to the situation, to the extent that the retirant is determined by the executive director to be at fault.

(c) Any employer that employs a retirant in violation of this section shall:

(1) Pay to the system an amount of money equal to the employer contributions that would otherwise have been paid for the period or periods of employment in violation of this section, plus interest thereon at the rate of eight per cent per annum; and

(2) Contribute toward reimbursement of the system for administrative expenses incurred in responding to the situation, to the extent that the employer is determined by the executive director to be at fault.

(d) A retirant may be employed without reenrollment in the system and suffer no loss or interruption of benefits provided by the system or under chapter 87A if the retirant is employed:

(1) As an elective officer pursuant to section 88-42.6(c) or as a member of the legislature pursuant to section 88-73(d);

(2) As a juror or precinct official;

(3) As a part-time or temporary employee excluded from membership in the system pursuant to section 88-43, as a session employee excluded from membership in the system pursuant to section 88-54.2[,] or as any other employee expressly excluded by law from membership in the system; provided that:

(A) The retirant was not employed by the State or a county during the six calendar months prior to the first day of reemployment; and

(B) No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement;

(4) In a position identified by the appropriate jurisdiction as a labor shortage or difficult-to-fill position; provided that:

(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;

(B) No agreement was entered into between the State or a county and the retirant, prior to the retirement of the retirant, for the return to work by the retirant after retirement; and

(C) Each employer shall contribute to the pension accumulation fund the required percentage of the rehired retirant's compensation to amortize the system's unfunded actuarial accrued liability; or

(5) As a teacher or an administrator in a teacher shortage area identified by the department of education or in a charter school or as a mentor for new classroom teachers; provided that:

(A) The retirant was not employed by the State or a county during the twelve calendar months prior to the first day of reemployment;

(B) No agreement was entered into between the State or a county and the retirant prior to the retirement of the retirant, for the return to work by the retirant after retirement; and

(C) The department of education or charter school shall contribute to the pension accumulation fund the required percentage of the rehired retirant's compensation to amortize the system's unfunded actuarial accrued liability.

(e) This section does not waive any provision of chapter 76 or 89 that may be applicable to a position for which a retirant is employed pursuant to this section.

(f) No later than twenty days prior to the convening of each regular legislative session, the director of human resources of the appropriate state jurisdiction or the human resources management chief executive of each county shall submit an annual report to the legislature detailing the employment of retirants under paragraphs (4) and (5) of subsection (d), including the number and positions of retirants. [L 2010, c 179, §2; am L 2013, c 23, §2; am L 2025, c 168, §1]
Haw. Rev. Stat. § 76-35 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-35
§§76-35 to 37 REPEALED.
Status: repealed

§§76-35 to 37 REPEALED. L 2000, c 253, §§56 to 58.
Haw. Rev. Stat. § 88-125 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-125
Contributions by certain state agencies.
Status: in_force

(a) Each of the departments and agencies hereinafter described, the office of Hawaiian affairs, and the Hawaii health systems corporation shall reimburse the State for the respective amounts payable by the State to cover the liability of the State to the various funds of the system on account of the employees in the departments and agencies, the trustees of the office of Hawaiian affairs, and the employees of the Hawaii health systems corporation. This provision shall apply to any department or agency of the State that is authorized by law to fix, regulate, and collect rents, rates, fees, or charges of any nature. This subsection shall not apply as to rental units receiving federal subsidies until approval has been obtained from the appropriate federal agency.

(b) Whenever any department or agency of the State or the Hawaii health systems corporation receives federal-aid funds that may be expended for the purpose of covering the liability of the State to the various funds of the system, the department or agency or the Hawaii health systems corporation shall set aside a portion of these funds sufficient to cover the amount of the State's liability to the various funds of the system on account of the employees in the department or agency or the Hawaii health systems corporation whose compensation is paid in whole or part from federal funds.

(c) The amount payable by each department or agency of the State, the office of Hawaiian affairs, or the Hawaii health systems corporation, covered by this section shall be determined at least quarterly by the department of budget and finance on the basis of the payroll of the employees of the department or agency, trustees of the office of Hawaiian affairs, or the Hawaii health systems corporation who are members of the system in the same manner the allocation of employer contributions is determined in section 88-123. The comptroller of the State, the office of Hawaiian affairs, the Hawaii health systems corporation, or any department or agency having control of its own funds, upon information furnished by the department of budget and finance, shall issue a check for the proper amount to the director of finance, charging the same to the appropriate fund. The director of finance shall place all such sums to the credit of the State as part payment of the State's contributions to the various funds of the system.

(d) With respect to the Hawaii health systems corporation only, this section shall be operative with respect to costs accrued beginning July 1, 1996. [L 1951, c 245, §§1, 2, 3; RL 1955, §6-101; am L Sp 1959 2d, c 1, §26; am L 1965, c 222, §16; HRS §88-116; am L 1969, c 110, pt of §1; am L 2002, c 183, §8; am L 2004, c 181, §5; am L 2009, c 182, §4]
Haw. Rev. Stat. § 88-77 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-77
§§88-77, 78 REPEALED.
Status: repealed

§§88-77, 78 REPEALED. L 1998, c 151, §§13, 14.
Haw. Rev. Stat. § 78-2 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-2
§§78-2, 2.
Status: repealed

§§78-2, 2.5 REPEALED. L 2000, c 253, §§80, 81.
Haw. Rev. Stat. § 76-43 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-43
Layoff.
Status: in_force

When it is necessary to release employees due to lack of work, lack of funds, or other legitimate reasons, employees with permanent appointments in civil service positions shall have layoff rights. Layoffs shall be made in accordance with procedures negotiated under chapter 89 or established under chapter 89C, as applicable.
Haw. Rev. Stat. § 88-49 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-49
Employees paid partly from federal funds.
Status: in_force

Where any employee, subject to the compensation law, has a portion of the employee's salary paid from federal funds but is not subject to the federal retirement system, the employee shall be entitled to all benefits and be required to make all employee contributions under the system based upon the full salary received by the employee, including that portion of the salary paid from federal funds.

This section shall be retroactive as to all employees affected, upon the employee paying into the system the contributions which would have been required had the employee's full salary been paid by the State or county, together with the necessary interest accumulations. [L 1945, c 25, §§1, 2; RL 1955, §6-24; HRS §88-49; am L 1969, c 110, pt of §1; gen ch 1985]
Haw. Rev. Stat. § 88-30 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-30
Actuary.
Status: in_force

The actuary shall be the technical adviser of the board of trustees on the matters regarding the operation of the funds of the system and shall perform such other duties as are required in connection therewith.
Haw. Rev. Stat. § 88-230 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-230
Studies and reports.
Status: in_force

The state agency shall make studies concerning the problem of old age and survivors insurance protection for employees of the State and local governments and instrumentalities and concerning the operation of agreements made and plans approved under this part and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this part during the preceding fiscal period, including such recommendations for amendments to this part as it considers proper.
Haw. Rev. Stat. § 90D-8 — HI Code / Division 1 / Title 7 / Chapter 90D / Section 90D-8
Staff.
Status: in_force

The commission may establish and fill the following positions:

(1) One executive director;

(2) One senior program officer;

(3) Two program officers;

(4) One accountant; and

(5) One secretary.

The commission may hire additional staff to assist in the performance of its duties and responsibilities. The staff of the commission shall be hired without regard to chapter 76; provided that staff shall be eligible for participation in state employee benefit plans. [L 2002, c 88, pt of §1]
Haw. Rev. Stat. § 87A-34 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-34
State and county contributions; retired employees with fewer than ten years of service.
Status: in_force

(a) This section shall apply to state and county contributions to the fund for employees specified in paragraph (1)(D) of the definition of "employee" in section 87A-1 who:

(1) Were hired on or before June 30, 1996; and

(2) Retired after June 30, 1984, with fewer than ten years of credited service, excluding sick leave.

(b) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a monthly contribution equal to one-half of the base monthly contribution set forth under section 87A-33(b) for retired employees enrolled in medicare or non-medicare health benefits plans. If two employee-beneficiaries are married or in a civil union, the total contribution by the State or county shall not exceed the monthly contribution for supplemental medicare family or non-medicare family plan, as appropriate. [L 2001, c 88, pt of §1; am L 2017, c 12, §5; am L 2019, c 51, §5]
Haw. Rev. Stat. § 88F-3 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-3
Board of trustees.
Status: in_force

(a) The authority to establish the plan and implement this chapter is vested in the board of trustees which currently administers the state deferred compensation plan under chapter 88E.

(b) The board shall adopt, in accordance with chapter 91, rules necessary to implement this chapter; provided that rules necessary for the plan to be in compliance with federal laws or regulations may be adopted without regard to chapter 91. The board may engage services, as necessary, to establish, administer, or maintain the plan under its direction. An administrator may be engaged only after a solicitation of proposals from interested persons in accordance with specifications deemed appropriate by the board. [L 1996, c 212, pt of §2; am L 2000, c 253, §128]
Haw. Rev. Stat. § 88-107 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-107
Interest.
Status: in_force

(a) The board of trustees shall annually allocate the interest and other earnings of the system to the funds of the system, as follows:

(1) The annuity savings fund shall be credited with the amount of regular interest credited to members' accounts;

(2) The expense fund shall be credited with such sums as provided in section 88-116; and

(3) The remaining investment earnings, if any, shall be credited to the pension accumulation fund.

(b) Beginning with actual investment earnings in fiscal year 1995 in excess of the investment yield rate, to address outstanding unfunded pension obligations, ten per cent of such excess earnings shall be deposited in the pension accumulation fund; remaining excess earnings shall be applied to the amounts to be contributed under section 88-123. In fiscal year 1996, twenty per cent of the actual investment earnings in excess of the investment yield rate shall be deposited in the pension accumulation fund; remaining excess earnings shall be applied to the amount contributed under section 88-123. In fiscal years 1997 and 1998, actuarial investment earnings in excess of a ten per cent actuarial investment yield rate shall be applied to the amount contributed under section 88-123. Beginning in fiscal year 1999, one hundred per cent of the investment earnings shall be deposited in the pension accumulation fund.

(c) The application of actuarial investment earnings to the amount contributed under section 88-123 for fiscal years 1997 and 1998 as provided in subsection (b) is a one-time only provision and no law shall be enacted to again require the employees' retirement system to apply actuarial investment earnings to offset the amount contributed under section 88-123. [L 1925, c 55, pt of §7; am imp L 1927, c 251, §4; am imp L Sp 1933, c 10, §1; RL 1935, pt of §7926; am imp L 1935, c 48, §2; RL 1945, §711, subs 1; RL 1955, §6-78; am L 1963, c 127, §15; am L 1965, c 222, §12; HRS §88-97; am L 1969, c 110, pt of §1; am L 1984, c 23, §1; am L 1988, c 41, §4; am L 1994, c 276, §6; am L 1997, c 327, §2; am L 1999, c 100, §1]
Haw. Rev. Stat. § 88-155 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-155
Medical board.
Status: in_force

Assisting the board of trustees there shall be a medical board to be composed of three licensed physicians, one of whom shall be the physician for the county, another of whom shall be appointed by the board of trustees, and the third of whom shall be named by agreement of the other two physicians. If for any reason any regular member of the medical board shall be unable to, or in the judgment of the board of trustees may not properly, act in any particular case, the board may designate a substitute to act on the particular case on the medical board. The medical board shall arrange for and pass upon all medical examinations required and shall perform all other services as may be required of it by the board of trustees, pursuant to this part, and shall report in writing to the board of trustees its conclusions and recommendations upon all matters referred to it. The medical board shall act by a majority of its members.
Haw. Rev. Stat. § 88-222 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-222
Contributions by employees of political subdivisions.
Status: in_force

Each political subdivision required to make payments under section 88-221, may, in consideration of the employee's retention in, or entry upon, employment after June10, 1953, impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to the employee's wages (as defined in section 88-211), not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that Act, and deduct the amount of such contribution from the employee's wages as and when paid. Contributions so collected shall be paid into the fund in partial discharge of the liability of the political subdivision or instrumentality under section 88-221. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor.
Haw. Rev. Stat. § 90D-6 — HI Code / Division 1 / Title 7 / Chapter 90D / Section 90D-6
Powers, duties, and functions.
Status: in_force

The commission shall:

(1) Ensure that its funding decisions meet all federal and state statutory requirements;

(2) Recommend innovative, creative, statewide service programs to increase volunteer participation in all age groups and community-based problem-solving among diverse participants;

(3) Prepare a national three-year service plan for the State, which follows state and federal guidelines;

(4) Develop and implement a centralized, organized system of obtaining information and technical support concerning volunteerism and community service recruitment, projects, training methods, materials, and activities throughout Hawaii and share the information and support upon request;

(5) Promote strong interagency collaboration as an avenue for maximizing resources and provide that model on the state level;

(6) Provide public recognition and support of individual volunteer efforts and successful or promising private sector initiatives and public-private partnerships that address community needs;

(7) Stimulate increased community awareness of the impact of volunteer services in Hawaii;

(8) Use local, state, and federal resources to reinforce, expand, and initiate quality service programs;

(9) Serve as the State’s liaison and voice to appropriate national and state organizations that support its mission;

(10) Prepare the State's applications under Title 42 United States Code sections 12543 and 12582, as amended;

(11) Assist in the preparation of the department of education's application for assistance under Title 42 United States Code section 12525;

(12) Prepare the State’s application under Title 42 United States Code section 12582, as amended, for approved national service positions;

(13) Make technical assistance available to enable applicants for assistance under Title 42 United States Code section 12571, as amended, to plan and implement service programs and to apply for assistance under the federal service laws such as the federal National Services Trust Program;

(14) Assist in the provision of health care and child care benefits under Title 42 United States Code section 12594, as amended, to participants in national service programs that receive assistance under Title 42 United States Code section 12571, as amended;

(15) Develop a state system for the recruitment and placement of participants in programs that receive assistance under the national service laws and disseminate information concerning national service programs that receive the assistance of approved national service positions;

(16) Administer the State’s grant program in support of national service programs (using assistance provided to the State under Title 42 United States Code section 12571, as amended) including selection, oversight, and evaluation of grant recipients;

(17) Coordinate its functions (including recruitment, public awareness, and training activities) with any division of the federal ACTION program or the Corporation for National and Community Services that carries out volunteer service programs in the State; and

(18) Comply with the requirements and duties of the commission as provided by Title 42 United States Code section 12638, as amended. [L 2002, c 88, pt of §1]
Haw. Rev. Stat. § 88-337 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-337
Service-connected disability retirement allowance.
Status: in_force

Upon retirement for service-connected disability, a class H member shall receive the amount of the member's accumulated contributions and a maximum retirement allowance of thirty-five per cent of the member's average final compensation.
Haw. Rev. Stat. § 89C-4 — HI Code / Division 1 / Title 7 / Chapter 89C / Section 89C-4
Adjustments for excluded employees exempt from civil service.
Status: in_force

Each appropriate authority shall determine the adjustments that are relevant for their respective excluded employees who are exempt from civil service in consideration of the compensation and benefit packages provided for other employees in comparable agencies. For executive/managerial positions in the University of Hawaii system filled by excluded employees, proposed compensation or change in compensation shall be disclosed in open meeting for purposes of public comment.
Haw. Rev. Stat. § 89-5 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-5
Hawaii labor relations board.
Status: in_force

(a) There is created a Hawaii labor relations board to ensure that collective bargaining is conducted in accordance with this chapter and that the merit principle under section 76-1 is maintained.

(b) The board shall be composed of three members of which one member shall be representative of management, one member shall be representative of labor, and the third member, the chairperson, shall be representative of the public. All members shall be appointed for terms of six years each in accordance with the following procedures:

(1) The representative of management shall be appointed by the governor, who may first consider any names submitted by the counties; provided that each county may submit no more than one name;

(2) The representative of labor shall be a person who is appointed by the governor and whose name has been submitted to the governor to serve as the representative of labor by the exclusive representatives certified pursuant to section 89-8. The process to determine the nominee whose name is to be submitted to the governor shall be determined by a simple majority of the exclusive representatives certified pursuant to section 89-8. The governor shall transmit the name of the person nominated to serve as the representative of labor to the senate for advice and consent; and

(3) The representative of the public shall be appointed by the governor.

(c) Each member shall hold office until the member's successor is appointed and qualified. Because cumulative experience and continuity in office are essential to the proper administration of this chapter, it is declared to be in the public interest to continue board members in office as long as efficiency is demonstrated, notwithstanding the provision of section 26-34, which limits the appointment of a member of a board or commission to two terms.

(d) The members shall devote full time to their duties as members of the board. Effective July 1, 2005, the chairperson of the board shall be paid a salary set at eighty-seven per cent of the salary of the director of labor and industrial relations, and the salary of each of the other members shall be ninety-five per cent of the chairperson's salary. No member shall hold any other public office or be in the employment of the State or a county, or any department or agency thereof, or any employee organization during the member's term.

(e) Any action taken by the board shall be by a simple majority of the members of the board. All decisions of the board shall be reduced to writing and shall state separately its finding of fact and conclusions. Any vacancy in the board shall not impair the authority of the remaining members to exercise all the powers of the board. The governor may appoint an acting member of the board in accordance with the procedures established in subsection (b) during the temporary absence from the State, temporary inability to act due to recusal, or illness of any regular member. An acting member, during the acting member's term of service, shall have the same powers and duties as the regular member; provided that subsection (d) shall not apply to an acting member and an acting member appointed due to a regular member's recusal shall be appointed for the case in which the recusal occurred, and the acting member's appointment shall terminate when the final decision is filed or the case is withdrawn.

(f) The chairperson of the board shall be responsible for the administrative functions of the board. The board may appoint an executive officer, attorneys, paralegals, mediators, arbitrators, and hearing officers, and other personnel as it may deem necessary in the performance of its functions, prescribe their duties, and fix their compensation and provide for reimbursement of actual and necessary expenses incurred by them in the performance of their duties within the amounts made available by appropriations therefor. Section 28-8.3 notwithstanding, any attorney employed by the board as a full-time, part-time, or contract staff member may represent the board in litigation, draft legal documents for the board, and provide other necessary legal services to the board and shall not be deemed to be a deputy attorney general.

(g) The board shall be within the department of labor and industrial relations for budgetary and administrative purposes only. All members of the board and employees other than clerical and stenographic employees shall be exempt from chapters 76 and 89. Clerical and stenographic employees shall be appointed in accordance with chapter 76.

(h) At the close of each fiscal year, the board shall make a written report to the governor on its activities, including the cases and their dispositions, and the names, duties, and salaries of its officers and employees. Copies of the report shall be transmitted to the other chief executives, the exclusive representatives, and the legislative body of each jurisdiction.

(i) In addition to the powers and functions provided in other sections of this chapter, the board shall:

(1) Establish procedures for, investigate, and resolve any dispute concerning the designation of an appropriate bargaining unit and the application of section 89-6 to specific employees and positions;

(2) Establish procedures for, resolve disputes with respect to, and supervise the conduct of elections for the determination of employee representation;

(3) Resolve controversies under this chapter;

(4) Conduct proceedings on complaints of prohibited practices by employers, employees, and employee organizations and take such actions with respect thereto as it deems necessary and proper;

(5) Hold such hearings and make such inquiries, as it deems necessary, to carry out properly its functions and powers, and for the purpose of such hearings and inquiries, administer oaths and affirmations, examine witnesses and documents, take testimony and receive evidence, compel attendance of witnesses and the production of documents by the issuance of subpoenas, and delegate such powers to any member of the board or any person appointed by the board for the performance of its functions;

(6) Determine qualifications and establish, after reviewing nominations submitted by the public employers and employee organizations, lists of qualified persons, broadly representative of the public, to be available to serve as mediators, grievance arbitrators, or a combination thereof;

(7) Resolve disputes over the qualifications and criteria of the list of five qualified arbitrators provided pursuant to section 89-11(e)(2)(A);

(8) Establish a fair and reasonable range of daily or hourly rates at which mediators and arbitrators on the lists established under paragraph (6) are to be compensated;

(9) Conduct studies on problems pertaining to public employee-management relations, and make recommendations with respect thereto to the legislative bodies; request information and data from state and county departments and agencies and employee organizations necessary to carry out its functions and responsibilities; make available to all concerned parties, including mediators and arbitrators, statistical data relating to wages, benefits, and employment practices in public and private employment to assist them in resolving issues in negotiations;

(10) Adopt rules relative to the exercise of its powers and authority and to govern the proceedings before it in accordance with chapter 91; and

(11) Execute all of its responsibilities in a timely manner so as to facilitate and expedite the resolution of issues before it.

(j) For the purpose of minimizing travel and per diem expenses for parties who are not located on Oahu, the board shall utilize more cost efficient means such as teleconferencing which does not require appearances on Oahu, whenever practicable, to conduct its proceedings. Alternatively, it shall consider conducting its proceedings on another island whenever it is more cost efficient in consideration of the parties and the witnesses involved. [L 1970, c 171, pt of §2; am L 1971, c 49, §1; am L 1974, c 17, §1 and c 116, §2; am L 1975, c 58, §11; am L 1976, c 41, §1; am L 1978, c 196, §1; am L 1982, c 129, §3; am L 1983, c 10, §1 and c 11, §1; am L 1985, c 251, §4; gen ch 1985; am L 1986, c 128, §3; am L 1989, c 329, §2; am L 1990, c 140, §3; am L Sp 1993, c 8, §53; am L 2000, c 253, §95; am L 2001, c 55, §5; am L 2002, c 232, §1; am L 2005, c 226, §3; am L 2012, c 49, §1; am L 2013, c 95, §1; am L 2014, c 8, §1 and c 74, §1; am L 2019, c 231, §1; am L 2023, c 260, §1]
Haw. Rev. Stat. § 88-204 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-204
County appropriations directed.
Status: in_force

The respective councils of the several counties shall appropriate annually for each fiscal period a sum sufficient to cover the payment of the pensions granted under this part; provided that the board of water supply of the city and county of Honolulu shall appropriate sufficient funds to cover pensions granted under this part as a result of employment in the service of the board of water supply.

Revision Note

The words "boards of supervisors or", preceding "councils", have been deleted.
Haw. Rev. Stat. § 88-121 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-121
Power to make agreements to protect securities on reorganization or otherwise.
Status: in_force

Anything in this part to the contrary notwithstanding, the board of trustees may enter into an agreement or agreements for the purpose of protecting the interests of the system in securities held by the system, or for the purpose of reorganization of a corporation which issued securities so held, and deposit of securities thereunder with a committee or depositories appointed under the agreement, but the agreement and deposit must first be approved in writing by a majority of the members of the board with a statement of their reasons for such approval. The board may accept corporate stock or bonds or other securities, which may be distributed pursuant to any such agreement approved as aforesaid or to any plan or reorganization approved in writing by a majority of the members of the board with a statement of their reasons for such approval. But if securities so received consist in whole or in part of stock in any corporation or of bonds or obligations which are not secured by adequate collateral security or where less than two-thirds of the total value of the required collateral security therefor consist of collateral other than stock, then any stock and any such bond or obligation so received shall be disposed of within five years from the time of acquisition or before expiration of such further period or periods of time as may be fixed in writing for that purpose by the governor.
Haw. Rev. Stat. § 88-122 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-122
Determination of employer normal cost and accrued liability contributions.
Status: in_force

(a) Based on regular interest and such mortality and other tables as are adopted by the board of trustees, the actuary engaged by the board, on the basis of successive annual actuarial valuations, shall determine the employer's normal cost and accrued liability contributions for each fiscal year beginning July 1 separately for the following two groups of employees:

(1) Police officers, firefighters, and corrections officers; and

(2) All other employees.

(b) The actuarial valuations shall be based on the contribution rates approved by the legislature, and the tables, assumptions, and factors adopted by the board for actuarial valuations of the system; provided that the investment yield rate assumption for the year ending June 30, 2011, shall be seven and three-quarters per cent.

(c) With respect to each of the two groups of employees in subsection (a), the normal cost for each year after June 30, 1994, shall be the percentage of the aggregate annual compensation of employees as of March 31 of the valuation year as determined by the actuary using the entry age normal cost funding method. On each June 30 the board shall determine the allocation of the assets of the pension accumulation fund between the two groups of employees in subsection (a); provided that the assets of the pension accumulation fund as of June 30, 1976, shall be allocated between the two groups in the same proportion as the aggregate annual compensation of each group as of March 31, 1976.

(d) Commencing with fiscal year 1994-1995 and each subsequent fiscal year, the actuary shall determine the total unfunded accrued liability using the entry age normal cost funding method separately for each of the two groups of employees in subsection (a). The accrued liability contribution for each of the two groups of employees shall be the annual payment required to liquidate the unfunded accrued liability over a period of twenty-nine years beginning July 1, 2000. Any increase or decrease in the total unfunded accrued liability resulting from legislative changes in the benefit provisions of the employees' retirement system shall be liquidated over a period of time to be determined by the actuary.

(e) Commencing with fiscal year 2005-2006 and each subsequent fiscal year until fiscal year 2007-2008, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on fifteen and three-fourths per cent of the member's compensation for police officers, firefighters, and corrections officers and thirteen and three-fourths per cent of the member's compensation for all other employees. Commencing with fiscal year 2008-2009 and each subsequent fiscal year until fiscal year 2011-2012, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on nineteen and seven-tenths per cent of the member's compensation for police officers, firefighters, and corrections officers and fifteen per cent of the member's compensation for all other employees. In fiscal year 2012-2013, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-two per cent of the member's compensation for police officers, firefighters, and corrections officers and fifteen and one-half per cent of the member's compensation for all other employees. In fiscal year 2013-2014, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-three per cent of the member's compensation for police officers, firefighters, and corrections officers and sixteen per cent of the member's compensation for all other employees. In fiscal year 2014-2015, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-four per cent of the member's compensation for police officers, firefighters, and corrections officers and sixteen and one-half per cent of the member's compensation for all other employees. Commencing with fiscal year 2015-2016 until fiscal year 2016-2017, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-five per cent of the member's compensation for police officers, firefighters, and corrections officers and seventeen per cent of the member's compensation for all other employees. In fiscal year 2017-2018, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-eight per cent of the member's compensation for police officers, firefighters, and corrections officers and eighteen per cent of the member's compensation for all other employees. In fiscal year 2018-2019, the employer contributions for normal cost and accrued liability for each of the two groups in subsection (a) shall be based on thirty-one per cent of the member's compensation for police officers, firefighters, and corrections officers and nineteen per cent of the member's compensation for all other employees. In fiscal year 2019-2020, the employer contributions for normal cost and accrued liability for each of the two groups in subsection (a) shall be based on thirty-six per cent of the member's compensation for police officers, firefighters, and corrections officers and twenty-two per cent of the member's compensation for all other employees. Commencing with fiscal year 2020-2021 and each subsequent fiscal year, the employer contributions for normal cost and accrued liability for each of the two groups in subsection (a) shall be based on forty-one per cent of the member's compensation for police officers, firefighters, and corrections officers and twenty-four per cent of the member's compensation for all other employees. The contribution rates shall amortize the total unfunded accrued liability of the entire plan over a period not to exceed the maximum funding period.

The contribution rates shall be subject to adjustment:

(1) If the actual period required to amortize the unfunded accrued liability exceeds the maximum funding period;

(2) If there is no unfunded accrued liability; or

(3) Based on the actuarial investigation conducted in accordance with section 88-105. [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, §6-89; am L 1964, c 62, §12; am L 1965, c 222, §15; HRS §88-113; am L 1969, c 110, pt of §1; am L 1973, c 19, §1; am L 1977, c 171, §2 and c 191, §2; am L 1981, c 201, §1; am L 1982, c 147, §6; am L 1983, c 190, §1; am L 1985, c 128, §1; gen ch 1985; am L 1987, c 291, §1; am L 1988, c 41, §7; am L 1989, c 184, §1; am L 1991, c 170, §1; am L 1993, c 144, §1; am L 1994, c 276, §9; am L 1996, c 79, §1; am L 1997, c 327, §3; am L 1998, c 151, §1; am L 2001, c 104, §1; am L 2002, c 147, §2; am L 2004, c 181, §2; am L 2007, c 256, §3; am L 2011, c 163, §§16, 22; am L 2017, c 17, §13; am L 2024, c 192, §3]
Haw. Rev. Stat. § 87A-22 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-22
Benefits plan information and enrollment.
Status: in_force

(a) The board shall make information summarizing approved benefits plans available to each employee-beneficiary. The information shall, to the extent reasonably possible, be distributed to each employee-beneficiary at the same time and in the same manner.

(b) The board shall establish conditions and procedures for benefits plan enrollment. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 78-5 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-5
§§78-5, 6 REPEALED.
Status: repealed

§§78-5, 6 REPEALED. L 2000, c 253, §§82, 83.
Haw. Rev. Stat. § 88-33 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-33
Prohibited interest of trustees and employees of board.
Status: in_force

Except as herein provided, no trustee and no employee of the board of trustees shall have any direct interest in the gains or profits of any investment made by the board, nor as such receive any pay or emolument for the trustee's and employee's services. No trustee or employee of the board shall, directly or indirectly, for oneself or as an agent in any manner use the moneys of the system, except to make such current and necessary payments as are authorized by the board; nor shall any trustee or employee of the board become an indorser or surety or become in any manner an obligor for moneys loaned by or borrowed from the board.
Haw. Rev. Stat. § 76-103 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-103
Veteran's preference.
Status: in_force

The extent to which veteran's preference shall be given to veterans, to disabled veterans, to spouses of disabled veterans, and to surviving spouses of deceased servicemen who have not remarried shall be provided by rules and regulations.
Haw. Rev. Stat. § 78-3.6 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-3.6
Experimental modernization projects; county boards of water supply.
Status: in_force

[§78-3.6 Experimental modernization projects; county boards of water supply.] It is the intent of this section to encourage and facilitate improvements in the human resource programs of qualifying boards of water supply. With or without the approval from the chief executive, the director of any qualifying board of water supply 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.

Prior to the implementation of any experimental modernization project, the director of any qualifying board of water supply shall:

(1) Develop a plan identifying:

(A) The purpose of the project;

(B) The methodology to be used;

(C) The duration of the project;

(D) The criteria for evaluation of the project; and

(E) The cost of the project, if any; and

(2) Consult and negotiate with the exclusive representative if a modification or waiver of any provision in a collective bargaining agreement, including any new provision, is necessary to conduct the project.

The representative of the qualifying board of water supply and the exclusive representative shall mutually agree in writing to any modification, waiver, or new provision before the project is implemented.

While the board of water supply 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, laws prohibiting discrimination, and chapter 89.

For purposes of this section, "qualifying board of water supply" means any county board of water supply serving a population of 500,000 or more persons. [L 2003, c 40, §1]
Haw. Rev. Stat. § 88-100 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-100
Payment by employers of costs associated with significant non-base pay increases.
Status: in_force

(a) The contribution payable in each year to the pension accumulation fund by the State and each county shall include the actuarial present value, as determined by the system, of the excess maximum retirement allowance, payable over the employee's or former employee's actuarial life expectancy, resulting from significant non-base pay increases for each employee or former employee who became a member of the system prior to July 1, 2012. The additional contributions required by this section shall be payable as provided in subsection (e).

(b) The last employer of the employee or former employee shall pay the additional contributions required by this section.

(c) An excess maximum retirement allowance resulting from significant non-base pay increases occurs when:

(1) The employee's or former employee's average non-base pay, divided by the employee's or former employee's average base pay, is greater than ten per cent; and

(2) The employee's or former employee's average final compensation non-base pay ratio divided by the comparison period non-base pay ratio is greater than or equal to one-hundred twenty per cent.

(d) The amount of the "excess maximum retirement allowance resulting from significant non-base pay increases" is the amount by which an employee's or former employee's maximum retirement allowance exceeds what the employee's or former employee's maximum retirement allowance would be if the employee's or former employee's average final compensation was equal to the employee's or former employee's average base pay multiplied by the sum of one and the employee's or former employee's comparison period non-base pay ratio.

(e) The additional contributions required by this section shall be payable in a lump sum within two fiscal years following the fiscal year in which the employee or former employee retired; provided that, if the additional contributions required for the employees or former employees who retire in a fiscal year are greater than ten per cent of the employer's contributions (excluding the additional contributions) to the pension accumulation fund for that fiscal year, the employer may pay the additional contributions over a period of three fiscal years in installments equal to no less than one-third of the original amount of the required additional contributions, plus interest on the unpaid balance, commencing on the first day of the second fiscal year following the retirement of the employees or former employees, at an annual rate equal to the investment yield rate assumption for actuarial valuations of the system. [L 2012, c 153, §5; am L 2017, c 17, §2]
Haw. Rev. Stat. § 89-13 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-13
Prohibited practices; evidence of bad faith.
Status: in_force

(a) It shall be a prohibited practice for a public employer or its designated representative wilfully to:

(1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter;

(2) Dominate, interfere, or assist in the formation, existence, or administration of any employee organization;

(3) Discriminate in regard to hiring, tenure, or any term or condition of employment to encourage or discourage membership in any employee organization;

(4) Discharge or otherwise discriminate against an employee because the employee has signed or filed an affidavit, petition, or complaint or given any information or testimony under this chapter, or because the employee has informed, joined, or chosen to be represented by any employee organization;

(5) Refuse to bargain collectively in good faith with the exclusive representative as required in section 89-9;

(6) Refuse to participate in good faith in the mediation and arbitration procedures set forth in section 89-11;

(7) Refuse or fail to comply with any provision of this chapter;

(8) Violate the terms of a collective bargaining agreement;

(9) Replace any nonessential employee for participating in a labor dispute;

(10) Give employment preference to an individual employed during a labor dispute and whose employment termination date occurs after the end of the dispute, over an employee who exercised the right to join, assist, or engage in lawful collective bargaining or mutual aid or protection through the labor organization involved in the dispute; or

(11) Fail to comply with the general orientation requirements set forth in section 78-64.

(b) It shall be a prohibited practice for a public employee or for an employee organization or its designated agent wilfully to:

(1) Interfere, restrain, or coerce any employee in the exercise of any right guaranteed under this chapter;

(2) Refuse to bargain collectively in good faith with the public employer, if it is an exclusive representative, as required in section 89-9;

(3) Refuse to participate in good faith in the mediation and arbitration procedures set forth in section 89-11;

(4) Refuse or fail to comply with any provision of this chapter; or

(5) Violate the terms of a collective bargaining agreement. [L 1970, c 171, pt of §2; gen ch 1985; am L 1992, c 214, §3; am L 2003, c 3, §2; am L 2024, c 63, §2]
Haw. Rev. Stat. § 88-99 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-99
Moratorium on benefit enhancements.
Status: in_force

There shall be no benefit enhancements under this chapter for any group of members, including any reduction of retirement age, until such time as the actuarial value of the system's assets is one hundred per cent of the system's actuarial accrued liability.
Haw. Rev. Stat. § 88-105 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-105
Actuarial investigations, valuations.
Status: in_force

(a) At least once in each three-year period, commencing with fiscal year 2018-2019, the actuary shall make an actuarial investigation of the experience of the system and shall recommend to the board of trustees the adoption for actuarial valuation of the system of mortality, service, and other assumptions, factors, and tables as shall be deemed appropriate and necessary. The actuary shall further recommend the acceptable funded ratio for the system, taking into consideration the guaranties of article XVI, section 2 of the state constitution, section 88-107, and section 88-127.

(b) Commencing with fiscal year 2009-2010, the actuary shall recommend, based on the actuarial investigation, the appropriate adjustments to the contribution rates under section 88-122(e).

(c) On the basis of such tables and other factors as the board or legislature, as the case may be, shall adopt, and commencing with fiscal year 2005-2006 and the contribution rates of section 88-122(e), the actuary shall make an annual valuation of the assets and liabilities of the funds of the system. [L 1925, c 55, §5(14), (15), (16); am imp L 1927, c 251; RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-71; am L 1964, c 62, §9; HRS §88-95; am L 1969, c 110, pt of §1; am L 1994, c 276, §5; am L 2004, c 181, §1; am L 2007, c 256, §2; am L 2011, c 163, §21; am L 2017, c 93, §3]
Haw. Rev. Stat. § 76-17 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-17
Rules; policies, standards, and procedures.
Status: repealed

(a) In conformity with chapter 91, the director shall prescribe rules to carry out this chapter which shall have the force and effect of law. The rules may include any matter not inconsistent with law concerning the establishment and maintenance of a system of personnel management based on the merit principle, including but not limited to matters set forth in this chapter, and may be amended or repealed in like manner as the same were adopted. The rules shall be in conformity with principles of good public administration.

(b) The director may also issue, without regard to chapter 91, policies, standards, and procedures consistent with rules to facilitate and ensure appropriate functioning of the human resources program.

(c) The section shall not apply to matters that are negotiable under chapter 89 or adjusted under chapter 89C. [L 1955, c 274, pt of §1; RL 1955, pt of §3-21; am L Sp 1959 2d, c 1, §11; am L 1967, c 36, §1; HRS §76-17; am L 1994, c 56, §21; am L 2000, c 253, §15]
Haw. Rev. Stat. § 88-152 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-152
Certain other employees included.
Status: in_force

Whenever used in this part the term "police force" includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail.

This section shall apply only to county employees in service on December31, 1927, who, if members of the police force on that date, would be or would have been entitled to membership in one of the pension systems provided for by this part, and who shall have applied to the board of trustees of the pension system in which they are entitled to claim membership under this section before January1, 1932. No employee who complies with this section shall be held to have waived the employee's right to membership in any such system by reason of the employee's having joined or become a member of the employees' retirement system after December31, 1927, but the membership in the system shall cease when the person becomes a member of any pension system.

The board of trustees shall pass upon the applications and determine whether or not the applicants are entitled to membership under this section. [L 1931, c 286, §§1, 2; RL 1935, §7913; RL 1945, §6182; RL 1955, §6-131; am L 1963, c 65, §2b; HRS §88-152; gen ch 1985]
Haw. Rev. Stat. § 88-117 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-117
§§88-117, 118 REPEALED.
Status: repealed

§§88-117, 118 REPEALED. L 1998, c 151, §§19, 20.
Haw. Rev. Stat. § 88-45.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-45.5
Acceptance of rollovers and transfers from other plans.
Status: in_force

The system may accept an eligible rollover distribution or a direct transfer of funds from:

(1) A tax-qualified retirement plan described in section 401(a) of the Internal Revenue Code of 1986, as amended;

(2) An annuity plan described in section 403(a) of the Internal Revenue Code of 1986, as amended;

(3) An annuity contract described in section 403(b) of the Internal Revenue Code of 1986, as amended;

(4) An individual retirement account described in section 408(a) of the Internal Revenue Code of 1986, as amended;

(5) An individual retirement annuity described in section 408(b) of the Internal Revenue Code of 1986, as amended; or

(6) An eligible deferred compensation plan described in section 457(b) of the Internal Revenue Code of 1986, as amended, that is established and maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state,

in payment of all or a portion of any deposit a member is permitted to make with the system for credit for service, including the conversion of class C credited service to class H credited service. Any rules adopted by the board pursuant to this section shall condition the acceptance of a rollover or transfer from another plan on the receipt from the other plan of information necessary to enable the system to determine the eligibility of any transferred funds for tax-free rollover treatment or tax-free transfer treatment under federal income tax law. [L 2004, c 179, §2; am L 2008, c 41, §4]
Haw. Rev. Stat. § 88-343 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-343
Return to service of a former member who has vested benefit status.
Status: in_force

If a former class H member who has a vested benefit status as provided in section 88-341(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, and the former member shall be credited with service credit for the service the member had when the member terminated employment and the member's new and previous accumulated contributions shall be combined.
Haw. Rev. Stat. § 76-49 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-49
Subpoenas, oaths.
Status: in_force

The merit appeals board shall have such powers as may be provided by law with respect to compelling the attendance of witnesses and administering oaths to witnesses, and as to all matters within the scope of its authority the director and any hearing officer shall have similar powers.
Haw. Rev. Stat. § 88-1.2 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-1.2
Civil unions.
Status: in_force

For the purposes of this chapter, the terms "married", "marriage", "marital", "husband", "wife", or similar spousal terms shall include civil union partners and civil unions under chapter 572B, unless recognition of a civil union as a marriage conflicts with the requirements for the system to be a tax-qualified plan under section 401(a) of the Internal Revenue Code of 1986, as amended.
Haw. Rev. Stat. § 89-3.5 — HI Code / Division 1 / Title 7 / Chapter 89 / Section 89-3.5
Religious exemption from support of employee organization.
Status: in_force

Notwithstanding any other provision of law to the contrary, any employee who is a member of and adheres to established and traditional tenets or teachings of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations shall not be required to join or financially support any employee organization as a condition of employment; except that an employee may be required in a contract between an employee's employer and employee organization in lieu of periodic dues and initiation fees, to pay sums equal to the dues and initiation fees to a nonreligious, nonlabor organization charitable fund exempt from taxation under section 501(c)(3) of the Internal Revenue Code, chosen by the employee from a list of at least three funds, designated in the contract or if the contract fails to designate any funds, then to any fund chosen by the employee. If an employee who holds conscientious objections pursuant to this section requests the employee organization to use the grievance-arbitration procedure on the employee's behalf, the employee organization is authorized to charge the employee for the reasonable cost of using the procedure.
Haw. Rev. Stat. § 88-4 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-4
Medical aid, etc.
Status: in_force

§88-4 Medical aid, etc., when free. Every recipient of any retirement allowance or pension payable by the State or by any county or by any other governmental body or agency created by or under the laws of the State who is actually and solely dependent upon the recipient's retirement allowance or pension for the recipient's maintenance and support or whose total income in whatever form or from whatever source received, including but not limited to, the recipient's retirement allowance or pension and any income of the recipient's spouse or reciprocal beneficiary is less than $2,400 a year shall, for the recipient and the recipient's spouse or reciprocal beneficiary, be entitled to free medical treatment from any government physician employed by the State or any county and to free hospitalization at any state hospital or at a hospital where county patients are treated at county expense in the county wherein the recipient resides.

Whenever a retirant or pensioner having a spouse or reciprocal beneficiary dies, then the spouse or reciprocal beneficiary, as long as the spouse or reciprocal beneficiary remains unmarried and does not enter into a reciprocal beneficiary relationship, shall be eligible for benefits under this section. [L 1937, c 90, §1; RL 1945, §634; RL 1955, §6-4; am L 1964, c 64, §2; am L 1965, c 260, §1; HRS §88-4; am L 1969, c 110, pt of §1; gen ch 1985; am L 1997, c 383, §26]
Haw. Rev. Stat. § 90-4 — HI Code / Division 1 / Title 7 / Chapter 90 / Section 90-4
Volunteer benefits.
Status: in_force

Volunteer benefits shall be provided within the limits of an agency's budget as follows:

(1) Meals may be furnished without charge or the cost thereof may be reimbursed to volunteers serving the agency.

(2) Lodging may be furnished temporarily without charge or the cost thereof may be reimbursed to volunteers.

(3) Transportation reimbursement including parking fees, bus and taxi fares may be furnished to volunteers. Mileage reimbursement when provided for shall be furnished at a rate comparable to that of permanent employees performing similar duties. Volunteers may be authorized to use state vehicles in the performance of official state duties.

(4) Solely for the purposes of chapter 662, volunteers are hereby deemed "employees of the State", when acting for an agency in their capacity as volunteers.

(5) Out-service training and conference reimbursement may be furnished for volunteers.

(6) Personal liability insurance coverage may be furnished for volunteers.

(7) Reasonable expenses incurred by volunteers in connection with their assignments may be reimbursed.

(8) Recognition of volunteer service may include a recognition ceremony, certificates, and awards to be determined by the agency. [L 1978, c 10, pt of §2]
Haw. Rev. Stat. § 90-5 — HI Code / Division 1 / Title 7 / Chapter 90 / Section 90-5
Agency reports, required information.
Status: in_force

A state agency as part of its annual report to the governor, the legislature, or the chief justice shall include estimates of:

(1) The total number of volunteers and the total number of hours of service broken down into categories of regular-service volunteers, occasional volunteers, stipended volunteers, and material donors.

(2) A list of volunteer job titles used by the agency. [L 1978, c 10, pt of §2; am L 1998, c 295, §3]
Haw. Rev. Stat. § 88-203 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-203
Limitation of amount.
Status: in_force

No pension granted under section 88-201 shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the person's last ten years of the person's employment by the county, multiplied by the number of years during which the person was in the employment or service of the county prior to the person's becoming a member of the employees' retirement system. The pension granted to a person who has not attained the age of sixty years but through illness or injury sustained without the person's fault or negligence in the performance of duty in the person's service for the county has become incapable of sustained remunerative work shall be nine-tenths of the amount computed in the manner hereinabove prescribed.
Haw. Rev. Stat. § 78-2.6 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-2.6
Prospective employees; suitability for public employment.
Status: in_force

All prospective employees, regardless of the positions they will assume, shall demonstrate their suitability for public employment by:

(1) Passing a pre-employment controlled substance drug test if required by the employing jurisdiction; and

(2) Attesting that during the three-year period immediately preceding the date of application for employment, the person was not convicted of any controlled-substance-related offense.

If an applicant fails to meet the suitability requirements of the employing jurisdiction, the applicant shall be disqualified from further employment consideration or deemed ineligible for appointment under section 76-29 on the basis of unsuitability for public employment.

Notwithstanding paragraph (2), for positions described in section 76-16(b)(13)(C), an applicant shall not be automatically disqualified from employment based on a controlled-substance-related offense, provided that reasonable safeguards are in place to protect employees and the public. [L 2000, c 253, pt of §74; am L 2013, c 30, §2]]

Revision Note

Subsection designation deleted pursuant to §23G-15(1).
Haw. Rev. Stat. § 88F-9 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-9
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.
Haw. Rev. Stat. § 76-27 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-27
Probationary service and other requirements for membership in the civil service.
Status: in_force

(a) All employees appointed to civil service positions shall constitute the membership of the civil service, but no employee shall be entitled to membership in civil service until the employee has:

(1) Successfully completed the initial probation period required as part of the examination process to determine the employee's fitness and ability for the position; and

(2) Satisfied all requirements for employment prescribed by this chapter and the qualifications prescribed by section 78-1.

(b) Upon becoming a member in the civil service, the employee shall be entitled to hold the member's position for the duration of the member's appointment, subject to section 76-46. In addition, civil service employees with permanent appointments, including an employee who has return rights to a position in which the employee has a permanent appointment, shall have layoff rights under section 76-43. All other civil service employees whose appointments have a limitation date shall not have layoff rights and shall be released at the end of their appointments or earlier if there is lack of work, lack of funds, or other legitimate reasons.

(c) To retain membership in the civil service, all employees must continue to demonstrate their fitness and ability for their current positions by meeting all performance requirements of their positions. If an employee fails to meet performance requirements, section 76-41 shall apply.

(d) A member who is promoted or transferred to another position in the civil service may be required to successfully serve a new probation period as part of the examination process to determine the employee's fitness and ability for the new position but shall be entitled to all the rights and privileges of a member of the civil service, except the right to appeal a release from the new position (as distinguished from discharge from the service) for inefficiency during the probationary period, in which case the member shall be returned to the former position or a comparable position.

(e) An employee serving an appointment with a limitation date may subsequently be appointed to the same position or a related position in the same class within the department when a permanent position is established or is vacated; provided that the employee was hired initially through civil service recruitment procedures and the period of service as a temporary appointee immediately preceded the appointment to the permanent position. The period of service performed as a temporary appointee may be credited toward the probation period if the appointing authority certifies that the employee has been performing satisfactorily and that the duties the employee has been performing are essentially similar to those required of the probationary appointment. Upon such certification, the period of service performed as a temporary appointee shall be credited toward fulfilling the required probation period and the employee shall serve only the remainder of the probation period, if any. [L 1955, c 274, pt of §1; RL 1955, §3-21(h); am L 1959, c 212, §1; am L Sp 1959 2d, c 1, §11; am L 1965, c 60, §1; HRS §76-27; gen ch 1985; am L 1992, c 71, §1; am L 2000, c 253, §19; am L 2001, c 123, §11]
Haw. Rev. Stat. § 88F-13 — HI Code / Division 1 / Title 7 / Chapter 88F / Section 88F-13
Existing retirement and deferred compensation plans.
Status: in_force

This chapter shall not affect any existing retirement or deferred compensation plans established under section 457 of the Internal Revenue Code of 1986, as amended, or chapter 88E.
Haw. Rev. Stat. § 89C-1.5 — HI Code / Division 1 / Title 7 / Chapter 89C / Section 89C-1.5
Definitions.
Status: in_force

As used in this chapter:

"Adjustment" means a change in wages, hours, benefits, or other term and condition of employment.

"Appropriate authority" means the governor, the respective mayors, the chief justice of the supreme court, the board of education, the board of regents, the state public charter school commission, the Hawaii health systems corporation board, the auditor, the ombudsman, and the director of the legislative reference bureau. These individuals or boards may make adjustments for their respective excluded employees.

"Excluded employee" or "employee" means any individual who is employed by an appropriate authority and is not included in an appropriate bargaining unit under section 89-6 and, therefore, is not entitled to collective bargaining coverage under chapter 89. [L 2000, c 253, §105; am L 2014, c 99, §2]
Haw. Rev. Stat. § 88E-14 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-14
County deferred compensation plans.
Status: in_force

The counties may establish deferred compensation plans for their respective employees. A plan so established need not be subject to the other provisions of this chapter, but shall be in compliance with applicable federal laws and regulations. [L Sp 1981 1st, c 7, pt of §1]
Haw. Rev. Stat. § 88-160 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-160
Service retirement benefits.
Status: in_force

(a) Any member of the police force, fire department, or band who has been in the service of any county as a member of the police force, fire department, or band for twenty years and less than twenty-five years, upon the member's written application to the board of trustees to be retired, shall be retired from the police force, fire department, or band, and the member shall thereafter receive from the pension system a monthly payment equal to forty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement.

(b) Any member of the police force, fire department, or band who has been in the service of the county as a member of the police force, fire department, or band for twenty-five years, upon the member's written application to the board to be retired, shall be retired from the police force, fire department, or band and the member shall thereafter receive from the pension system a monthly payment equal to fifty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement.

(c) Any member of the police force, fire department, or band who has been in the service of the county as a member of the police force, fire department or band for more than twenty-five years, upon the member's written application to the board to be retired, shall be retired from the police force, fire department, or band and the member shall thereafter receive from the pension system a monthly payment equal to fifty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement, plus two per cent for each year in excess of twenty-five years, but not in excess of eighty per cent. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; am L 1953, c 149, §1; RL 1955, §6-140; am L 1963, c 65, §2b; am L 1967, c 131, §1; HRS §88-160; gen ch 1985]
Haw. Rev. Stat. § 88-74.6 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-74.6
Unreduced allowance on service retirement; when applicable.
Status: in_force

In addition to those positions identified in section 88-74(e) and notwithstanding any law in this part that requires a member to attain age fifty-five to qualify for an unreduced service retirement allowance, if a member, who became a member before July 1, 2012, has at least:

(1) Thirty years of credited service through June 30, 2003;

(2) Twenty-nine years of credited service on or after July1, 2004;

(3) Twenty-eight years of credited service on or after July 1, 2005;

(4) Twenty-seven years of credited service on or after July1, 2006;

(5) Twenty-six years of credited service on or after July1, 2007; or

(6) Twenty-five years of credited service on or after July1, 2008,

as an emergency medical technician, of which the last five or more years prior to retirement is credited service in that capacity, then upon retirement and irrespective of age, that member's service retirement allowance shall not be reduced for actuarial purposes. [L 2003, c 199, §1; am L 2007, c 215, §8; am L 2011, c 163, §6]
Haw. Rev. Stat. § 88-190 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-190
Amount.
Status: in_force

No pension under this part except an accidental disability pension shall be granted or paid which shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the last ten years of the person's employment by the county, multiplied by the number of years during which the person was in the employment or service of the county; provided notwithstanding any other provisions of this part, and regardless of the computed amount, any person or widow eligible to a pension shall be granted and paid not less than $50 per month.
Haw. Rev. Stat. § 88-218 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-218
Plans for coverage of employees of political subdivision.
Status: in_force

Each political subdivision of the State may submit for approval by the state agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of the Act, to employees of the political subdivision. Each plan and any amendment thereof shall be approved by the state agency if it finds that the plan, or the plan as amended, conforms with such requirements provided in regulations of the state agency, except that no plan shall be approved unless:

(1) It conforms with the requirements of the Social Security Act and with the agreement entered into under section 88-212;

(2) It provides that all services which constitute employment as defined in section 88-211 and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan, except that it may exclude services performed by individuals to whom section 218(c)(3)(C) of the Social Security Act is applicable;

(3) It specifies the source or sources from which the funds necessary to make the payments required by section 88-221 and by section 88-223 are expected to be derived and contains reasonable assurance that the sources will be adequate for the purpose;

(4) It provides for such methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper and efficient administration of the plan;

(5) It provides that the political subdivision will make such reports, in such form and containing such information, as the state agency may from time to time require, and comply with such provisions as the state agency or the Secretary of Health and Human Services may from time to time find necessary to assure the correctness and verification of the reports;

(6) It authorizes the state agency to terminate the plan in its entirety, in the discretion of the state agency, if it finds that there has been a failure to comply substantially with any provision contained in the plan, the termination to take effect at the expiration of the notice and on such conditions as may be provided by regulations of the state agency and may be consistent with the provisions of the Social Security Act. [L 1953, c 217, §5(a); RL 1955, §6-195; am L 1957, c 284, §§3, 8; HRS §88-218; am L 2004, c 176, §5]
Haw. Rev. Stat. § 88-105.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-105.5
Stress test; annual report.
Status: in_force

(a) The actuary shall conduct an annual stress test of the system.

(b) The board shall submit an annual report to the legislature, not later than twenty days prior to the convening of each regular session, on the results of the actuary's stress test.

(c) For the purposes of this section, a "stress test" shall address:

(1) Projections of assets, liabilities, pension debt, service costs, employee contributions, employer contributions, net amortization, benefit payments, payroll, and funded ratio for the system for each of the next thirty years based upon the then-current actuarial assumptions, including the assumed rate of return;

(2) Projections for the items listed in paragraph (1), assuming that investment returns are two percentage points lower than the assumed rate of return and that the State makes employer contributions:

(A) Based upon the then-current funding policy for the system; and

(B) That are held constant at the levels calculated for paragraph (1);

(3) Estimates of the items listed in paragraph (1), if there is a one year loss on planned investments of twenty per cent followed by a twenty-year period of investment returns two percentage points below plan assumptions, with the following assumptions regarding contribution policy:

(A) Employer contributions are adjusted based upon current policy; and

(B) Employer contributions are held constant at the levels calculated for the baseline projections; and

(4) The estimated actuarially accrued liability, the total plan normal cost for all benefit tiers, and the employer normal cost for all benefit tiers, calculated using:

(A) A discount rate equal to the assumed rate of return; and

(B) The ten-year average of the yield of thirty-year treasury notes. [L 2017, c 85, §1]
Haw. Rev. Stat. § 88-56 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-56
REPEALED.
Status: in_force

L 1982, c 165, §2(9).
Haw. Rev. Stat. § 88-141 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-141
Computation of compensation earned or earnable.
Status: in_force

In any case where it shall become necessary, for the purposes of sections 88-131 to 88-142, to determine the compensation or average compensation of a member of the system during any period of the member's service in the armed forces, or during any period immediately thereafter while the member was not an employee as defined in section 88-21, the member's rate of compensation during the period shall, for the purposes of sections 88-131 to 88-142, be deemed to have been that which the member would have received but for the member's service in the armed forces.
Haw. Rev. Stat. § 76-29 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-29
Person ineligible for appointment.
Status: in_force

A person shall be ineligible for any appointment in the civil service for a specified period of time as determined appropriate by the director for reasons including, but not limited to, the following:

(1) Deception, fraud, or providing false or misleading statements of material facts in the application or examination process;

(2) Unauthorized or improper assistance in an examination; or

(3) A determination of unsuitability for employment. [L 1955, c 274, pt of §1; RL 1955, §3-21(j); am L 1963, c 16, §1; HRS §76-29; am L 2000, c 253, §21]
Haw. Rev. Stat. § 88-102 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-102
Classification of members.
Status: in_force

The board of trustees shall classify each member in one of the following groups:

(1) General employees of the State and counties, including administrative, clerical, professional, and technical workers, mechanics, laborers, and all others not otherwise classified;

(2) Teachers, including all teachers regularly engaged in public education whose salaries are wholly or partly paid by the State, and faculty members and instructors of the University of Hawaii; or

(3) Police officers in the employ of the counties and firefighters in the employ of the State or of the counties,

or in any other group that may be recommended by the actuary on the basis of service and mortality experience and approved by the board, to cover any part of any group or groups previously created or any additional class of employees. [L 1925, c 55, §3(5); am imp L 1927, c 251, §3; RL 1935, pt of §7922; RL 1945, pt of §703; RL 1955, §6-28; HRS §88-92; am L 1969, c 110, pt of §1; am L 1977, c 191, §2; am L 1978, c 193, §2; am L 2005, c 58, §14]
Haw. Rev. Stat. § 88-49.7 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-49.7
East-West center employees.
Status: in_force

Any employee of the Center for Cultural and Technical Interchange Between East and West, Inc., a Hawaii educational nonprofit public corporation, who elected to remain a member of the system pursuant to section 14(e)(1) of Act 82, Session Laws of Hawaii 1975, establishing such corporation, shall be entitled to all benefits and required to make all employee contributions under the system for the period during which such employee remains in the employ of such corporation and a member of the system, and such corporation shall be responsible for the remittance of all employer and employee contributions required to be made under the system.

Revision Note

Act "82, Session Laws of Hawaii 1975" added.
Haw. Rev. Stat. § 76-22.6 — HI Code / Division 1 / Title 7 / Chapter 76 / Section 76-22.6
[ §76-22.
Status: in_force

[ §76-22.6] Recruitment; minimum qualification review; state departments, divisions, and agencies. (a) Notwithstanding any other law to the contrary, a state department, division, or agency, rather than the department of human resources development, may conduct a minimum qualification review of applicants for vacant positions within that department, division, or agency.

(b) A state department, division, or agency that elects to conduct its own minimum qualification review of applicants for a vacancy pursuant to subsection (a) shall notify the department of human resources development, which shall provide to the department, division, or agency:

(1) For positions with a recruitment closing date, the applications received for the vacancy received by the closing date for that vacancy; or

(2) For continuous recruitment positions, the applications received for the vacancy that have been received by a certain date, as determined by the state department, division, or agency; provided that the department of human resources development shall continue to transmit applications for that position on a reasonable rolling basis until the particular vacancy is filled;

provided further that the department of human resources development shall submit the applications received for a vacancy immediately to a state department, division, or agency if requested by the applicable state department, division, or agency.

(c) Upon completing the minimum qualification review of applicants for a vacancy, the state department, division, or agency shall submit to the department of human resources development the applications for individuals who have met the minimum qualifications for the vacancy; provided that the state department, division, or agency may immediately begin interviewing applicants that have been determined to meet the minimum qualifications for the vacant position. The department of human resources development shall complete any other tasks necessary to facilitate the hiring of the applicants, including auditing and correcting any errors found in the minimum qualification review, as applicable; provided further that if any errors are found, the department of human resources development shall have five working days to correct the error and notify the state department, division, or agency. [L 2024, c 186, §2]
Haw. Rev. Stat. § 88E-12 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-12
Deferred amounts as compensation.
Status: in_force

Any compensation deferred pursuant to a plan established under this chapter shall be deemed regular compensation for the purpose of computing contributions or benefits under existing retirement, pension, or social security systems applicable to participating employees; provided that, at the participating employee's option, all or part of the deferred compensation may be included or excluded in the computation of federal income taxes withheld on behalf of the participating employee, allowing for both a traditional contribution and a Roth contribution under section 457(b) of the Internal Revenue Code, as amended. [L Sp 1981 1st, c 7, pt of §1; am L 2019, c 86, §2]
Haw. Rev. Stat. § 88-138 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-138
Accidental death benefit.
Status: in_force

If a service member dies by accident, act of war, or other cause, occurring while the service member is not in the active service of the State or any county, the death shall not be an accidental death and shall not be eligible for accidental death benefits under sections 88-85, 88-286(c), and 88-339; however, the ordinary death benefit shall be payable as provided in section 88-137.
Haw. Rev. Stat. § 88-119.5 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-119.5
Investment guidelines.
Status: in_force

Notwithstanding any other law to the contrary, real estate loans and mortgages made pursuant to section 88-119(1)(D) and (E) shall be in accordance with conditions and restrictions set forth by the board of trustees; provided that the board may establish the minimum and maximum loan amounts and interest rates for these real estate loans and mortgages by motion, at any duly noticed meeting of the board. The board of trustees, subject to chapter 91, shall adopt, amend, and repeal rules having the force of and effect of law to implement all provisions of this section other than those relating to loan amounts and interest rates for its real estate loans and mortgages.
Haw. Rev. Stat. § 87A-16 — HI Code / Division 1 / Title 7 / Chapter 87A / Section 87A-16
Health benefits plan; carriers.
Status: in_force

(a) The board shall establish the health benefits plan or plans, which shall be exempt from the minimum group requirements of chapter 431.

(b) The board may contract for health benefits plans or provide health benefits through a noninsured schedule of benefits. [L 2001, c 88, pt of §1]
Haw. Rev. Stat. § 88-171 — HI Code / Division 1 / Title 7 / Chapter 88 / Section 88-171
Public hearings; notice.
Status: in_force

All adjudications by the board of trustees required by this part in connection with applications for pensions, revocations of pensions, or otherwise, shall be made by the board only after public hearings, public notice of which shall be given by the board at least once at least ten days before the date of hearing, and actual notice of which shall be given to the person concerned, if available, which notice shall specifically state that the person interested shall have the right to be present in person or by representative and to be represented by counsel.
Haw. Rev. Stat. § 88E-7 — HI Code / Division 1 / Title 7 / Chapter 88E / Section 88E-7
Legal advisor.
Status: in_force

The attorney general shall be the legal advisor of the board. [L Sp 1981 1st, c 7, pt of §1]
Haw. Rev. Stat. § 78-66 — HI Code / Division 1 / Title 7 / Chapter 78 / Section 78-66
Employment first; persons with disabilities.
Status: in_force

(a) Employment first shall be a policy of the State and the counties. Employment services are the first choice of services that are offered for persons with disabilities receiving assistance from publicly funded systems. State and county agencies shall ensure that employment first is effectively implemented in hiring practices and all programs and services administered or funded by the State and counties, including programs and services that help persons with disabilities obtain employment. All state and county agencies shall coordinate efforts and collaborate to ensure that programs, policies, procedures, and funding support competitive employment in an integrated setting for persons with disabilities. All state and county agencies, when feasible, may share data and information to track progress toward full implementation of this section.

(b) Nothing in this section shall be construed to require any employer to give preference to hiring a person with a disability .

(c) Nothing in this section shall be construed as eliminating any other appropriate supported employment service.

(d) As used in this section:

"Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting, and for which a person with a disability is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for the same or similar work performed by a person without a disability.

"Employment first" means the competitive employment and full inclusion of persons with a disability in an integrated setting as a first and preferred option for employment services .

"Integrated setting" means an employment setting in which persons with disabilities interact with persons without disabilities, other than persons without disabilities who are providing services to those persons with disabilities, to the same extent that persons without disabilities interact with other persons in comparable positions.

"Person with a disability" means a person who has a physical or mental impairment that substantially limits one or more major life activities. [L 2022, c 308, §1]