reglab/housing_qa huggingface dataset:
HI Rev Stat § 88-24 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-24 Composition of board.

 §88-24 Composition of board. 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] Cross References  Gubernatorial appointments, see §26-34. Attorney General Opinions  Trustee holding over will be a de jure, not merely a de facto, officer. Att. Gen. Op. 73-7.
HI Rev Stat § 88-25 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-25 Vacancy.

 §88-25 Vacancy. If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled, except in the case of the trustees elected by the members, in which case the vacancy may be filled for the unexpired term by the appointment of a member by the remaining trustees of the board of trustees. [L 1925, c 55, §5(3); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-62; HRS §88-25; am L 1969, c 110, pt of §1]
HI Rev Stat § 88-26 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-26 Expenses of trustees.

 §88-26 Expenses of trustees. The trustees shall serve without compensation but they shall be reimbursed from the expense fund for all necessary expenses and for any loss of salary or wages they may suffer through serving the board of trustees. [L 1925, c 55, §5(4); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-63; HRS §88-26; am L 1969, c 110, pt of §1] Case Notes  Mentioned: 74 H. 181, 840 P.2d 367.
HI Rev Stat § 88-27 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-27 Oath of trustees.

 §88-27 Oath of trustees. Each trustee shall, within ten days after the trustee's appointment or election, take an oath of office that, so far as it devolves upon the trustee, the trustee will diligently and honestly administer the affairs of the board of trustees, and that the trustee will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the system. The oath shall be subscribed to by the member making it and certified by the officer before whom it is taken and shall be immediately filed in the office of the lieutenant governor. [L 1925, c 55, §5(5); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-64; am L Sp 1959 2d, c 1, §9; HRS §88-27; am L 1969, c 110, pt of §1; gen ch 1985] Case Notes  Employees' retirement system (ERS) board of trustee's contention that no statute in chapter 88 provides that ERS owes a duty to individual members to provide individual notice and counseling, particularly absent a request for information was incorrect where, reading §88-127 and this section in para materia, the ERS board is charged with the duty to diligently and honestly administer all funds held in trust for the exclusive use and benefit of the system and for the members of the system. 108 H. 338, 120 P.3d 237.
HI Rev Stat § 88-27.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-27.5 Closed meetings of the board; authorized.

  §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]
HI Rev Stat § 88-28 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-28 Voting; rules.

 §88-28 Voting; rules. Each trustee shall be entitled to one vote on the board of trustees. Five concurring votes shall be necessary for a decision by the trustees at any meeting of the board.  Subject to the limitations of this part, the board, from time to time, shall establish rules for the administration of the funds of the system and for the transaction of its business. [L 1925, c 55, §5(6), (7); RL 1935, pt of §7924; RL 1945, pt of §707; am L 1951, c 93, §3; RL 1955, §6-65; HRS §88-28; am L 1969, c 110, pt of §1; am L 1993, c 349, §2] Attorney General Opinions  An action of the board requires at least four concurring votes, and in the absence of such concurrence the action would be considered lost. Att. Gen. Op. 80-1. Case Notes  Board's four-to-four tie vote did not constitute a "decision by the trustees"; the tie vote neither authorized nor affirmatively disavowed appeal. 87 H. 152, 952 P.2d 1215.
HI Rev Stat § 88-29 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-29 Officers, employees, legal adviser.

  §88-29 Officers, employees, legal adviser. The board shall elect from its membership a chairperson, and by a majority vote of all its members, shall appoint an executive director and a chief investment officer who shall be exempt from chapter 76 and serve under and at the pleasure of the board. Effective July 1, 2007, the salaries of the executive director and chief investment officer shall be set by the board. The board shall engage actuarial and other services as shall be required to transact the business of the system. The compensation for all services engaged by the board, and all other expenses of the board necessary for the operation of the system, shall be paid at rates and in amounts the board shall approve.  The attorney general or an appointed representative may serve as legal adviser to the board or the board may select its own legal counsel. [L 1925, c 55, §5(8), (11); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-66; HRS §88-29; am L 1969, c 110, pt of §1; am L 1990, c 142, §2; am L 1992, c 39, §1; am L 1999, c 167, §1; am L 2000, c 253, §150; am L 2003, c 118, §2; am L 2007, c 215, §3; am L 2013, c 23, §3]
HI Rev Stat § 88-29.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-29.5 Investment personnel.

  §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. [L 2013, c 23, §1]
HI Rev Stat § 88-30 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-30 Actuary.

 §88-30 Actuary. 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. [L 1925, c 55, §5(13); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-70; HRS §88-30; am L 1969, c 110, pt of §1]
HI Rev Stat § 88-31 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-31 Medical board.

  §88-31 Medical board. The board shall designate a medical board to be composed of three physicians not eligible to participate in the system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this part and parts VII and VIII of this chapter, shall investigate all essential statements and certificates by or on behalf of a member in connection with application for disability retirement, and shall report in writing to the board its conclusions and recommendations upon all the matters referred to it. [L 1925, c 55, §5(12); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-68; HRS §88-31; am L 1969, c 110, pt of §1; am L 1984, c 108, §2; am L 2006, c 169, §5] Attorney General Opinions  Board of trustees, after hearing on appeal from medical board's decision, may overrule any decision or recommendation which the medical board is authorized to make. Att. Gen. Op. 81-8.
HI Rev Stat § 88-32 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-32 REPEALED.

 §88-32 REPEALED. L 1982, c 165, §2(3).
HI Rev Stat § 88-33 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-33 Prohibited interest of trustees and employees of board.

 §88-33 Prohibited interest of trustees and employees of board. 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. [L 1925, c 55, pt of §7; RL 1935, pt of §7926; RL 1945, §711, subs 4; RL 1955, §6-80; HRS §88-32; am L 1969, c 110, pt of §1; gen ch 1985] Attorney General Opinions  Participation by two trustees in disposition of loan application held to be in conflict of interest. Att. Gen. Op. 64-25.
HI Rev Stat § 88-41 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-41 Limitation of other statutes.

 §88-41 Limitation of other statutes. No other provision in any other statute which provides wholly or partly at the expense of the State or any county for pensions or retirement benefits for employees of the State or of any county, their surviving spouses or other dependents shall apply to members, retirants, or beneficiaries of the system established by this part and parts VII and VIII of this chapter, their surviving spouses or other dependents, except such benefits as may be provided under Title II of the Social Security Act. [L 1925, c 55, pt of §14; RL 1935, §7933; RL 1945, §718; RL 1955, §6-22; am L 1957, c 143, §10; HRS §88-41; am L 1969, c 110, pt of §1; am L 1980, c 8, §1; am L 1984, c 108, §3; am L 2004, c 179, §3] Attorney General Opinions  Public moneys not to be used for retirement benefits in excess of that provided by law. Att. Gen. Op. 85-1.
HI Rev Stat § 88-42 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-42 Membership generally.

 §88-42 Membership generally. Except as otherwise provided in this part, all employees of the Territory or any county on July 1, 1945, shall be members of the system on that date, and all persons who thereafter enter or reenter the service of the State or any county shall become members at the time of their entry or reentry.  Per diem workers shall become eligible for membership on January 1, 1952, and all persons who are employed as per diem workers after December 31, 1951, shall become members of the system. Any person who was a per diem worker before January 1, 1952, so long as the person is employed as a per diem worker, shall not be required to become a member or to remain a member if the person has elected before October 2, 1953, to withdraw as a member.  Members of the legislature shall become eligible for membership on July 1, 1951. Any member of the legislature in service on July 1, 1951, or thereafter entering the legislature, shall become a member or elect to be excluded from membership in the system as provided in section 88-42.6. [L 1925, c 55, §3(1); am L 1927, c 223, §1; am imp L 1927, c 251, § §1, 2, 5; am imp L 1929, c 190, §1; RL 1935, §7922; RL 1945, pt of §703; am L 1945, c 73, pt of §1(b); am L 1951, c 110, §1(b); am L 1953, c 37, §1(c); RL 1955, pt of §6-23; HRS §88-42; am L 1969, c 110, pt of §1; gen ch 1993; am L 2008, c 47, §4] Attorney General Opinions  A retired government employee who accepts reemployment may not receive the retiree's retirement allowance during the retiree's reemployment period. Att. Gen. Op. 66-26.
HI Rev Stat § 88-42.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-42.5 Membership of employees holding more than one position, appointment, or office.

  §88-42.5 Membership of employees holding more than one position, appointment, or office. (a) The membership of any employee holding more than one full-time position, appointment, office, or any combination thereof shall be limited to the position, appointment, or office of the employee's option; provided that the employment in the position, appointment, or office shall meet the minimum membership eligibility requirements as provided in this part. Any contributions made based on the compensation, pay, or salary of the employee's position, appointment, or office other than that on which the employee's membership is based shall be returned to the employee.  The foregoing shall not apply to any employee holding two part-time positions of the same class if each position meets the minimum eligibility requirements for membership, and the sum total of the compensation, pay, or salary received for both positions does not exceed the higher of the full-time compensation, pay, or salary for either position.   (b) The membership of any faculty member or lecturer of the University of Hawaii with multiple part-time appointments or positions shall be based on an aggregate of all such part-time faculty or lecturer appointments or positions not to exceed one full-time position. For the purposes of this chapter, the sum total of the compensation, pay, or salary received from the positions shall not exceed an amount equal to the highest of the full-time compensation, pay, or salary for any one of the part-time appointments or positions.  Notwithstanding any other law to the contrary, with respect to any existing or former faculty member, lecturer, or administrative, professional, or technical employee of the University of Hawaii who holds or held multiple part-time appointments or positions prior to July 1, 2003, and who was reported by the University of Hawaii to the system as eligible for membership in the system, the system shall not adjust its records for, or reduce the benefits of, such faculty member, lecturer, or administrative, professional, or technical employee by reason of the failure of such faculty member, lecturer, or administrative, professional, or technical employee to meet the system membership eligibility requirements without the aggregation of multiple part-time appointments or positions. [L 1982, c 165, §2(10); am L 2003, c 119, §2] Attorney General Opinions  Intent is to limit employees' retirement system membership to one full-time position. Att. Gen. Op. 85-10.
HI Rev Stat § 88-42.6 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-42.6 Membership of elective officers.

  §88-42.6 Membership of elective officers. (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]
HI Rev Stat § 88-43 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-43 Persons ineligible for membership.

  §88-43 Persons ineligible for membership. Except with respect to faculty members or lecturers employed on one or more campuses of the University of Hawaii who hold multiple part-time appointments or positions, in such capacities, any of which may be less than one-half of a full-time equivalent but all of which, when added together, aggregate to at least one-half of a full-time equivalent position, the board may deny membership to any class of part-time employees or persons engaged in temporary employment of three months or less; provided that no officer or employee entering service after January 1, 1928, who is entitled to become a member of any pension system under part III shall be entitled to become a member of the system. [L 1925, c 55, §3(3); am imp L 1927, c 251, § §1, 2, 5; am imp L 1929, c 190, §1; RL 1935, pt of §7922; RL 1945, pt of §703; am L 1955, c 141, §1(c); RL 1955, §6-25; am L 1961, c 181, §2; HRS §88-43; am L 1969, c 110, pt of §1; am L 2003, c 119, §3; am L 2008, c 47, §5] Case Notes  Per diem employees are included in class of part-time employees to whom agency may deny membership in the system under this section and its implementing administrative rule. Because at least portions of plaintiff's time as per diem judge fell within categories specified in the rule, agency correctly determined that plaintiff did not qualify for full-time credited service under the retirement law. 75 H. 42, 856 P.2d 1227.
HI Rev Stat § 88-44 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-44 Enrollment.

 §88-44 Enrollment. Upon entering or reentering service, an employee shall file with the board such information as the board of trustees may require for enrollment and administrative purposes including a designation of a person or persons to receive any benefit that may be payable in the event of the employee's death.  An employee becoming a member of the system shall also present at such time and in such form as the board prescribes, evidence of the employee's date of birth. No statement or record of age or birth made or presented by a member of the system may be impeached by the member or the member's successors in interest. [L 1941, c 225, §1; RL 1945, §706; RL 1955, §6-27; am L 1963, c 127, §1; HRS §88-44; am L 1969, c 110, pt of §1; gen ch 1985]
HI Rev Stat § 88-45 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-45 Employee contributions.

 §88-45 Employee contributions. After June 30, 1988, each class A and class B member shall contribute seven and eight-tenths per cent of the member's compensation to the annuity savings fund; provided that after June 30, 1989, all firefighters, police officers, corrections officers, investigators of the departments of the prosecuting attorney and of the attorney general, narcotics enforcement investigators, water safety officers not making the election under section 88-271, and public safety investigations staff investigators shall contribute twelve and two-tenths per cent of their compensation to the annuity savings fund for service in that capacity; provided further that each class A and class B member who becomes a member after June 30, 2012, shall contribute nine and eight-tenths per cent of the member's compensation to the annuity savings fund; provided further that all firefighters, police officers, corrections officers, investigators of the departments of the prosecuting attorney and of the attorney general, narcotics enforcement investigators, and public safety investigations staff investigators who become members after June 30, 2012, shall contribute fourteen and two-tenths per cent of their compensation to the annuity savings fund for service in that capacity. [L 1925, c 55, pt of §8; RL 1935, pt of §7927; RL 1945, pt of §712, subs 1; RL 1955, §6-82; am L 1957, c 231, §1(e); am L 1961, c 175, § §5, 10 and c 181, §6; am L 1964, c 62, §10; am L 1965, c 222, §13; am L 1967, c 130, §3; HRS §88-45; am L 1969, c 110, pt of §1; am L 1970, c 113, §2; am L 1973, c 179, §27; am L 1982, c 165, §2(4); am L 1984, c 108, §4; gen ch 1985; am L 1988, c 41, §1; am L 1989, c 343, §2; am L 1990, c 141, §1; am L 1993, c 357, §1(2); am L 1994, c 196, §3 and c 276, §2; am L 2011, c 163, §1] Cross References  Contribution rate reduction, see §88-59.