reglab/housing_qa huggingface dataset:
HI Rev Stat § 88-1 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-1 Restrictions.

  §88-1 Restrictions. The provisions of this section shall be applicable to every pension and to every recipient or beneficiary thereof, granted or provided for by any special act of the legislature (other than benefits, or the recipients thereof, payable to beneficiaries or retirants of the employees' retirement system under parts II, VII, and VIII) whether the pension be payable by the State or by any county, or by any board, commission, bureau, department, or other agency thereof:  (1) No recipient or beneficiary shall be permitted to draw any pension, or any portion thereof, in excess of $50 per month, while the recipient or beneficiary is holding any salaried position or office in, under or by authority of the United States, the State, or any political subdivision thereof. This paragraph shall not apply to any recipient or beneficiary who is elected to the legislature or to the council of any county.  (2) If the recipient or beneficiary is a surviving spouse or reciprocal beneficiary, the pension so granted shall cease when the surviving spouse or reciprocal beneficiary remarries, marries, or enters into a new reciprocal beneficiary relationship.  (3) Any pension payable to any minor shall cease when the minor reaches the age of eighteen years.  (4) If any recipient or beneficiary of a pension, having a spouse or reciprocal beneficiary at the time the pension was first granted to the recipient or beneficiary dies, then the spouse or reciprocal beneficiary, as long as the spouse or reciprocal beneficiary remains unmarried or not in a reciprocal beneficiary relationship, shall be paid sixty per cent of the amount of the pension payable to the beneficiary. [L 1933, c 157, §1; RL 1935, §7915; am L 1943, c 44, §1; RL 1945, §631; am L 1947, c 28, §1; RL 1955, §6-1; HRS §88-1; am L 1969, c 110, pt of §1; am L 1974, c 118, §1(1); gen ch 1985; am L 1997, c 383, §25; am L 2006, c 169, §2]
HI Rev Stat § 88-1.2 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-1.2 Civil unions

  §88-1.2 Civil unions. 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. [L 2013, c 123, §2]
HI Rev Stat § 88-2 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-2 Minimum pension.

  §88-2 Minimum pension. Every pension of less than $50 per month payable under or pursuant to any law of the State by the State or by any county or independent public board or commission, other than benefits payable to members of the employees' retirement system or to the dependents or beneficiaries of members under parts II, VII, and VIII, shall be increased to $50 per month, any provision in any other law to the contrary notwithstanding; provided that where the dependents of a deceased pensioner are receiving pensions by reason of the pensioner's death, the total only of all amounts paid to the dependents shall be so increased.  The council of each county, and each independent board or commission affected, shall appropriate the funds necessary to pay the increases hereby allowed of pensions payable by their respective counties, boards and commissions. Sufficient funds to cover these increases hereby allowed of pensions payable by the State are hereby appropriated from the general revenues of the State not otherwise appropriated, and the state comptroller shall issue warrants to pay these increases. [L 1943, c 143, § §1, 2; RL 1945, §6191; am L 1949, c 250, §1; RL 1955, §6-3; am L 1957, c 152, §1; HRS §88-2; am L 1969, c 110, pt of §1 and c 127, §31; gen ch 1985; am L 2006, c 169, §3]
HI Rev Stat § 88-3 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-3 Payment on death of pensioner.

  §88-3 Payment on death of pensioner. Whenever any person receiving a pension from the State or from any county thereof dies, the amount next payable shall be prorated from the last payment date up to and including the date of death, and the prorated amount shall be paid to the person who may have been designated by the pensioner during the pensioner's lifetime in a statement filed with the officer charged with payment of the pension, or if no such designation has been made and filed, the prorated amount shall be paid to the personal representative of the estate of the pensioner; provided that:  (1) Effective January 1, 2003, whenever a person receiving a pension from the system dies, the full monthly pension for the month in which the pensioner died, less any portion of the pension paid to the pensioner, shall be payable to the person who may have been designated by the pensioner during the pensioner's lifetime in a statement filed with the officer charged with the payment of the pension, or if no such designation has been made and filed, the prorated amount shall be paid to the personal representative of the estate of the pensioner; and  (2) Effective July 1, 2003, whenever a person receiving a pension from the system dies, the full monthly pension for the month in which the pensioner died shall be payable to the pensioner. [L 1931, c 172, §1; RL 1935, §7917; am L 1941, c 178, §1; RL 1945, §633; RL 1955, §6-2; HRS §88-3; am L 1969, c 110, pt of §1; am L 1976, c 200, pt of §1; gen ch 1985; am L 2002, c 128, §1; am L 2003, c 118, §1] Case Notes  Statute has no application to controversy over money due pensioner accruing prior to last payment date preceding death. 34 H. 667.
HI Rev Stat § 88-4 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-4 Medical aid, etc., when free.

 §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]
HI Rev Stat § 88-5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-5 List of pensioners, who shall provide.

 §88-5 List of pensioners, who shall provide. The proper department of each county shall determine who is entitled to benefits under section 88-4 and shall provide to any government physician employed by the State or any county, and any county hospital or a hospital where county patients are treated at county expense in the county wherein the pensioner or beneficiary resides, a current list of pensioners and their [spouses] or reciprocal beneficiaries who are entitled to benefits under section 88-4. Upon request, the state retirement system shall provide to the proper departments of each county such information as may be required to administer section 88-4. [L 1965, c 260, §2; Supp, §6-4.1; HRS §88-5; am L 1969, c 110, pt of §1; am L 1997, c 383, §27]
HI Rev Stat § 88-7 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-7 County pensioners; post retirement allowance.

  §88-7 County pensioners; post retirement allowance. Any other provision of this chapter to the contrary notwithstanding, the council of each county, and each independent board or commission affected, shall appropriate the funds necessary to pay the post retirement allowance payable by their respective counties, boards, and commissions in accordance with section 88-90. [L 1973, c 168, §1]
HI Rev Stat § 88-8 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-8 University of Hawaii optional retirement system.

  §88-8 University of Hawaii optional retirement system. (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]
HI Rev Stat § 88-12 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-12 Bonus; requirements, limitations.

 §88-12 Bonus; requirements, limitations. No retirement allowance or pension payable under the employees' retirement system shall be increased by any bonus for any retirant or beneficiary unless the person for whose service the pension is payable has had sufficient service to qualify for the minimum service retirement allowance except as provided in [paragraph] (1) of section 88-11; provided that this provision shall not operate to increase the pension of any person who was receiving a pensioner's bonus on July 1, 1951, without having met the minimum service requirements but such person shall continue to receive the pension the person was receiving on June 30, 1955. [L 1961, c 175, pt of §12; Supp, §6-251; HRS §88-12; am L 1969, c 110, pt of §1; gen ch 1985]
HI Rev Stat § 88-13 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-13 Bonus; retirants not eligible for.

 §88-13 Bonus; retirants not eligible for. No bonus shall be paid to any person who retires on or after July 1, 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. [L 1961, c 175, pt of §12; Supp, §6-252; HRS §88-13; am L 1969, c 110, pt of §1] Attorney General Opinions  Mere opportunity to secure social security benefits in the future is not ground for disqualification. Words "upon his retirement" mean "at any time during his retirement". Att. Gen. Op. 64-27.
HI Rev Stat § 88-14 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-14 Bonus; authority to pay.

 §88-14 Bonus; authority to pay. 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 December 31 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]
HI Rev Stat § 88-15 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-15 Bonus; waiver by veteran.

 §88-15 Bonus; waiver by veteran. Any veteran who may qualify for a nonservice-connected pension through the Department of Veterans Affairs may waive any portion or all of the benefits that the veteran may receive under sections 88-11 to 88-16. [L 1961, c 175, pt of §12; Supp, §6-254; HRS §88-15; am L 1969, c 110, pt of §1; gen ch 1985; am L 2017, c 12, §1]
HI Rev Stat § 88-16 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-16 Bonus; appropriation.

 §88-16 Bonus; appropriation. Sufficient funds shall be appropriated to the employees' retirement system from the general revenues of the State not otherwise appropriated, to pay the bonus to all pensioners under the system except those pensioners who are retired employees of the respective counties. Sufficient funds shall be appropriated to the state department or agency hereby affected from the general revenues of the State not otherwise appropriated, to pay the bonus to those state pensioners not under the system. The council of each county, and each independent board or commission affected shall appropriate the funds to pay the bonus to pensioners whose pensions are payable by their respective counties, boards, and commissions as well as to pensioners of the employees' retirement system who are retired employees of their respective counties. [L 1961, c 175, pt of §13; am L 1963, c 114, §1; Supp, pt of §6-255; pt of HRS §88-16; am L 1969, c 110, pt of §1; am L 1974, c 220, §3]
HI Rev Stat § 88-17 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-17 Bonus payment; limitation.

 §88-17 Bonus payment; limitation. No bonus shall be payable to any person retiring after June 30, 1971; provided that this limitation shall not apply to bonus payments for retired patient employees receiving a pension under chapter 326. Such patient employees including those who retired after June 30, 1971, and prior to July 1, 1976, may continue to receive bonus payments authorized under section 88-11. [L 1961, c 175, pt of §13; Supp, pt of §6-255; pt of HRS §88-16; am L 1969, c 110, pt of §1; am L 1976, c 139, §2]
HI Rev Stat § 88-21.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-21.5 Compensation.

  §88-21.5 Compensation. (a) For a member who became a member before July 1, 2012, unless a different meaning is plainly required by context, as used in this part, "compensation" means:  (1) Normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;  (2) Overtime, differentials, and supplementary payments;  (3) Bonuses and lump sum salary supplements; and   (4) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended. 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 prior to 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:  (1) During the period agreed-upon by the employer and employee, but in any event over a period of not less than twelve months; or  (2) In the absence of an agreement between the employer and the employee, over the twelve months prior to the date on which the bonus or lump sum salary supplement is payable.  (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; and  (D) Twelve-month differentials for employees of the department of education; and  (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 subsection (b)(1)(B), (b)(1)(C), and (b)(1)(D). [L 2004, c 182, §2; am L 2012, c 152, §1] Case Notes  This section did not undermine employees' retirement system's (ERS) interpretation [of "compensation"]; nothing in the legislative history indicates the legislature intended to alter the content of "compensation" by adding [the definition of "compensation" in this section], and according to ERS administrator, ERS' internal working definition of what was included in compensation remained unchanged. Rather, this section was added to satisfy the Internal Revenue Code of 1982's requirement that a member's benefit be "definitely determinable". 129 H. 107 (App.), 295 P.3d 977 (2013).
HI Rev Stat § 88-22 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-22 System established; name.

 §88-22 System established; name. There shall be a retirement system for the purpose of providing retirement allowances and other benefits for employees. It shall have the powers and privileges of a corporation and shall be known as the "Employees' Retirement System of the State of Hawaii" and by that name may sue or be sued, transact all of its business, invest all of its funds, and hold all of its cash and securities and other property. [L 1925, c 55, §2; am imp L 1927, c 251, § §1, 2, 5; RL 1935, §7921; am L 1935, c 48, §3; RL 1945, §702; RL 1955, §6-21; HRS §88-22; am L 1969, c 110, pt of §1] Case Notes  Where no showing that board's failure to authorize and pursue appeal would precipitate crisis in system's operations or jeopardize system's corporate existence, system's purported administrator could not initiate appeal on system's behalf under exception to general rule that only corporation's board possesses authority to control corporation's litigation. 87 H. 152, 952 P.2d 1215.  Mentioned: 74 H. 181, 840 P.2d 367.
HI Rev Stat § 88-23 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-23 General administration of system vested in board.

 §88-23 General administration of system vested in board. The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of this part and parts VII and VIII are vested in a board of trustees; subject, however, to the area of administrative control vested in the department of budget and finance by sections 26-8 and 26-35. To fulfill its responsibilities, the system may require any department or agency of the State or counties to furnish information to the system to carry out the purposes of this chapter. [L 1925, c 55, §5(1); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-60; HRS §88-23; am L 1969, c 110, pt of §1; am L 1982, c 165, §2(1); am L 1984, c 108, §1; am L 2002, c 128, §3; am L 2005, c 58, §3] Case Notes  Powers and duties of board are functionally equivalent to those of board of directors of a private corporation and limited only by "the areas of administrative control" reserved to the department of budget and finance by § §26-8 and 26-35. 87 H. 152, 952 P.2d 1215.  Where no showing that board's failure to authorize and pursue appeal would precipitate crisis in system's operations or jeopardize system's corporate existence, system's purported administrator could not initiate appeal on system's behalf under exception to general rule that only corporation's board possesses authority to control corporation's litigation. 87 H. 152, 952 P.2d 1215.  Without express authorization of employees' retirement system board, attorney general lacked power to file appeal on board's behalf from circuit court's final order; where attorney general perceived conflict of interest with board, attorney general was ethically obligated to recommend retention of other counsel to represent board and take other appropriate action. 87 H. 152, 952 P.2d 1215.