reglab/housing_qa huggingface dataset:
HI Rev Stat § 88-59.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-59.5 Previous membership service credit for legislative officers.

  §88-59.5 Previous membership service credit for legislative officers. (a) Any member who on July 1, 1991, was serving or previously served as an assistant clerk or assistant sergeant at arms of either house of the legislature and becomes eligible for retirement benefits as a class A member as provided under sections 88-73(a), 88-74(d), and 88-76 shall be entitled to full service credit as a class A member for any eligible service prior to July 1, 1991; provided that:  (1) The member claims those years as membership service credit and purchases that membership service credit in accordance with section 88-59; and  (2) Notwithstanding any other law to the contrary:  (A) If the member was a class A member of the system and elected to become a class C member pursuant to section 88-271, the member repurchases all the years of service as a class C member in accordance with the procedures under section 88-59 to regain standing as a contributory member; and  (B) A class C member shall be credited for service as an assistant clerk or assistant sergeant at arms under section 88-59 in a lump sum nonrefundable payment and receive retirement benefits as provided in this section.  (b) Any retirant who returns to employment and is enrolled as a member of the system will have previous service as an assistant clerk or assistant sergeant at arms recognized as provided in this section. [L 1991, c 96, §1(1); am L 2005, c 58, §6; am L 2007, c 215, §5; am L 2011, c 163, §2]
HI Rev Stat § 88-59.6 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-59.6 REPEALED. L 2008, c 47, §12.

  §88-59.6 REPEALED. L 2008, c 47, §12.
HI Rev Stat § 88-60 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-60 Members whose services are on loan to other governments.

 §88-60 Members whose services are on loan to other governments. Any member whose services are on loan to another government, as authorized by section 78-27, shall retain the member's membership and shall receive credit in the system for such service; provided that the member returns to the member's former employment within ninety days after the termination of such service; and provided further that the government receiving the loan of the member's services fulfills all of the requirements of section 78-27. [L 1969, c 110, pt of §1; gen ch 1985; am L 2002, c 148, §5]
HI Rev Stat § 88-61 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-61 Termination of membership.

  §88-61 Termination of membership. (a) Except as otherwise provided by section 88-96, any member absent from service for four calendar years following the calendar year in which the member's employment terminated shall cease to be a member, and the former member's credited service shall be forfeited.  (b) Any member who withdraws the member's contributions, becomes a retirant, or dies, ceases to be a member as of the date of withdrawal, retirement, or death. [L 1969, c 110, pt of §1; am L 1971, c 90, §1; gen ch 1985; am L 1998, c 151, §4; am L 2006, c 169, § §7, 8; am L 2008, c 47, §8]
HI Rev Stat § 88-63 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-63 Credit for unused sick leave.

  §88-63 Credit for unused sick leave. A public employee who retires or leaves government service in good standing with sixty days or more of unused sick leave shall be entitled to additional service credit in the retirement system as follows:  (1) An employee with sixty days of unused sick leave to the employee's credit shall have the employee's years of service increased by three months for the purpose of computing the employee's retirement allowance.  (2) For each additional twenty days or major fraction thereof of unused sick leave in excess of sixty days that the employee has to the employee's credit the employee shall have the employee's years of service increased by one month for the purpose of computing the employee's retirement allowance.  The allowance on service retirement of section 88-74 and the service benefit limitation therein shall not apply to retirement allowances which exceed such limitations by virtue of the application of this section in the computation of retirement allowances and no reduction in such retirement allowances shall be made on account of such limitations. [L 1975, c 177, §1; gen ch 1985] Attorney General Opinions  Section applied to different fact situations. Att. Gen. Op. 82-5.
HI Rev Stat § 88-70 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-70 Third application for retirement; withdrawal prohibited and retirement mandatory.

  §88-70 Third application for retirement; withdrawal prohibited and retirement mandatory. If a member:  (1) Has submitted two separate written applications for service retirement but has withdrawn each of the applications prior to the dates of retirement specified in the applications; and  (2) Submits a third written application for service retirement; during the member's lifetime, the member shall not be allowed to withdraw the third application and shall be retired on the date specified in the third application. [L 1982, c 115, §1]
HI Rev Stat § 88-71 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-71 Credited service at retirement.

 §88-71 Credited service at retirement. Credited service at retirement on which the retirement allowance of a member shall be based shall consist of the member's membership service, the member's credit for unused sick leave as provided in section 88-63, and the member's prior service, if any, as provided in this part. [L 1925, c 55, pt of §4; RL 1935, pt of §7923; RL 1945, pt of §704; am L 1945, c 73, pt of §1(c); am L 1947, c 140, §1(c); RL 1955, §6-40; am L 1964, c 62, §3; HRS §88-61; am L 1969, c 110, pt of §1; am L 1975, c 177, §2; gen ch 1985]
HI Rev Stat § 88-72 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-72 REPEALED.

 §88-72 REPEALED. L 2007, c 215, §29.
HI Rev Stat § 88-74.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-74.5 Finalizing of pensions.

  §88-74.5 Finalizing of pensions. (a) The system shall finalize a retirant's pension benefit within six calendar months following the month of the retirant's retirement when the effective date of retirement is the first day of the month. When the effective date of retirement is December 31, the system shall finalize a retirant's pension benefit within seven calendar months following the month of the retirant's retirement. For pension benefits finalized after the sixth calendar month following the month of the retirant's retirement when the effective date of retirement is on the first day of the month, or the seventh calendar month following the month of the retirant's retirement when the effective date of retirement is December 31, an interest payment amounting to an amount to be established by the board that shall not be less than the ninety day United States treasury bill rate as of the end of the prior year plus one per cent per year shall be paid to the retirant. Interest shall be calculated on the difference between the amount the retirant is entitled to receive from the retirant's retirement date up to the day the payment is made and the amount the retirant was paid, including any refund of member contributions.  Beginning January 1, 2004, or the first day of the seventh calendar month following the month of retirement when the effective date of retirement is on the first day of the month, or the first day of the eighth calendar month following the month of retirement when the effective date of retirement is December 31, whichever is the latest, interest payments calculated as simple interest shall be prorated up to the date payment is made; provided that any pension adjustment made after the retirant's pension has once been finalized shall not be subject to any interest payment.  The system shall finalize ordinary and service-connected disability retirements within six calendar months following the month that the member's retirement is approved by the board or the actual retirement date specified by the member, whichever is later.  (b) Any department or agency of the State or counties that fails to comply with the system's request for information shall be subject to a monthly fee for each request as follows:  (1) For requests for unused sick leave balances and lump sum vacation payments not reported within ninety days of an employee's retirement; and  (2) For requests for payroll or personnel information not reported within thirty days of receipt of request. Beginning January 1, 2004, the system shall assess $10 for each month or fraction thereof that the department or agency fails to provide the system with the requested information for each retiree. All assessments collected shall be deposited to the pension accumulation fund. [L 2003, c 134, §1; am L 2006, c 169, §10; am L 2017, c 17, §1]
HI Rev Stat § 88-74.6 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-74.6 Unreduced allowance on service retirement; when applicable.

  §88-74.6 Unreduced allowance on service retirement; when applicable. 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 July 1, 2004;  (3) Twenty-eight years of credited service on or after July 1, 2005;  (4) Twenty-seven years of credited service on or after July 1, 2006;  (5) Twenty-six years of credited service on or after July 1, 2007; or  (6) Twenty-five years of credited service on or after July 1, 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]
HI Rev Stat § 88-75 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-75 Ordinary disability retirement.

  §88-75 Ordinary disability retirement. (a) Under rules the board of trustees may adopt, upon application of a member in service or on leave without pay, or the person appointed by the family court as guardian of an incapacitated member, any member who has ten or more years of credited service shall be retired by the system on an ordinary disability retirement allowance if the medical board or other entity designated by the board of trustees, after a medical examination of the member, certifies that:  (1) The member is mentally or physically incapacitated for the further performance of duty at the time of application;  (2) The incapacity is likely to be permanent; and  (3) The member should be retired.  (b) Upon approval by the system, the member shall be eligible to receive an ordinary disability retirement benefit no earlier than thirty days from the date the application was filed or the date the member terminated service, whichever is later. Retirement shall be effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed. A member whose application for an ordinary disability retirement allowance is approved by the system while the member is still in service may terminate service and retire at any time following the approval; provided that retirement shall become effective on the first day of the month following the month the applicant terminates employment or goes off the payroll, except for the month of December when retirement on the first or last day of the month shall be allowed. [L 1925, c 55, §6(3); RL 1935, pt of §7925; RL 1945, §708, subs 3; am L 1951, c 158, §1(a); RL 1955, §6-44; HRS §88-65; am L 1969, c 110, pt of §1; am L 1971, c 157, §1; am L 1973, c 37, §1; gen ch 1985; am L 1997, c 212, §1; am L 2002, c 128, §5; am L 2006, c 185, §2; am L 2009, c 121, §1; am L 2017, c 17, §3]
HI Rev Stat § 88-76 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-76 Allowance on ordinary disability retirement.

  §88-76 Allowance on ordinary disability retirement. Upon retirement for ordinary disability, a member shall receive a maximum retirement allowance of one and three-fourths per cent of the member's average final compensation for each year of credited service; except that for each year of credited service as a judge, an elective officer, or a legislative officer, the member shall receive a maximum retirement allowance computed as provided in section 88-74(c), (d), (g), or (h), as applicable. The minimum retirement allowance payable under this section shall be thirty per cent of the member's average final compensation. [L 1925, c 55, §6(4); RL 1935, pt of §7925; RL 1945, §708, subs 4; RL 1955, §6-45; am L 1957, c 143, §4 and c 231, §1(d); am L 1961, c 175, §3 and c 181, §5; am L 1962, c 20, §3; am L 1963, c 127, §5; am L 1964, c 62, §7; am L 1965, c 222, §7; HRS §88-66; am L 1969, c 110, pt of §1; am L 1975, c 199, §3; gen ch 1985; am L 1990, c 287, §1; am L 1991, c 96, §1(4); am L 1993, c 137, §1; am L 1997, c 374, §3; am L 2005, c 58, §8; am L 2006, c 169, §11; am L 2007, c 215, §9; am L 2011, c 163, §7]
HI Rev Stat § 88-77, 78 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-77, 78 REPEALED.

 § §88-77, 78 REPEALED. L 1998, c 151, § §13, 14.
HI Rev Stat § 88-80 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-80 Allowance on retirement for service-connected disability.

  §88-80 Allowance on retirement for service-connected disability. 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. [L 1963, c 127, §9; Supp, §6-47.1; HRS §88-70; am L 1969, c 110, pt of §1; gen ch 1985; am L 1998, c 151, §7; am L 2005, c 58, §9] Case Notes  If employee totally incapacitated by a service-connected accident, employee should be awarded total disability benefits though employee may have been incapacitated by superimposed subsequent condition; test for total incapacitation; "odd-lot" doctrine not applicable to determination of total incapacitation. 66 H. 304, 660 P.2d 36.  In three year reevaluation of disability, board must consider whether service-connected accident causes employee to be totally incapacitated for employment. 4 H. App. 526, 669 P.2d 638.
HI Rev Stat § 88-82 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-82 Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs.

 §88-82 Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs. (a) A member or applicant who is not satisfied with the preliminary decision of the board to grant or deny an application for disability retirement benefits or accidental death benefits based on the certifications and findings of the medical board may file a petition for contested case hearing with the board within sixty days after receiving written notification of the preliminary decision of the board.  (b) If the member or applicant is the prevailing party in the contested case, and disability retirement or accidental death benefits are awarded to the member or applicant by the board or court of the appropriate jurisdiction under section 88-75, 88-79, 88-85, 88-284, 88-285, 88-286(c), 88-334, 88-336, or 88-339, the member or applicant shall be paid reasonable attorney's fees together with any costs payable by the system. The attorney's fees and costs shall be subject to the approval of the board or approval by a court of appropriate jurisdiction after evidence has been provided by the member or applicant regarding the reasonableness of the claimed attorney's fees and costs. [L 1964, c 53, pt of §2; Supp, pt of §6-68.5; am L 1967, c 173, §1; pt of HRS §88-73; am L 1969, c 110, pt of §1; am L 1989, c 114, §1; am L 1998, c 151, §8; am L 2004, c 179, §11; am L 2009, c 121, §2] 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. Case Notes  Appeal to trustees is a contested case within meaning of §91-1(5), and the administrative procedure act is applicable, including the due process provision of §91-9. 52 H. 212, 473 P.2d 866.  Mentioned: 74 H. 181, 840 P.2d 367.
HI Rev Stat § 88-84.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-84.5 Federal limits on annual compensation for ordinary death benefit.

  §88-84.5 Federal limits on annual compensation for ordinary death benefit. (a) Commencing July 1, 1996, compensation used to determine the benefit payable under section 88-84(a)(1) shall be subject to the annual limit set forth in section 401(a)(17) of the Internal Revenue Code of 1986, as amended; provided that there shall be paid to the beneficiary of any member:  (1) Who dies while in service or on authorized leave without pay after June 30, 2004, and before July 1, 2006; and  (2) Whose compensation earned during the year immediately preceding the member's death exceeds the annual limit set forth in section 401(a)(17) of the Internal Revenue Code of 1986, as amended, a nontax-qualified benefit equal to the difference between the benefit that would have been payable under section 88-84(a)(1) without applying the limit under section 401(a)(17) of the Internal Revenue Code of 1986, as amended, to compensation earned prior to July 1, 2005, and the benefit that is payable under section 88-84(a)(1) applying the limit under section 401(a)(17) of the Internal Revenue Code of 1986, as amended, to the compensation earned during the year immediately preceding the member's death.  (b) The nontax-qualified benefit provided by subsection (a) shall be administered by the board of trustees; provided that:  (1) State members shall be paid by the respective department or agency that employs the member pursuant to assessments made and received by the system; and  (2) County members shall be paid by the respective counties pursuant to assessments made and received by the system.  (c) Section 88-91 shall apply to the nontax-qualified benefit. [L 2005, c 58, §1]
HI Rev Stat § 88-85.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-85.5 Applications for accidental death benefits; approval by the system.

  §88-85.5 Applications for accidental death benefits; approval by the system. (a) Under rules the board of trustees may adopt, an application for service-connected accidental death benefits may be filed with the system by or on behalf of the claimant pursuant to section 88-85, 88-286, or 88-339, on a form provided by the system. The application shall be filed no later than three years from the date of the member's death.  (b) After the claimant files an application for service-connected accidental death benefits, the system shall obtain the following:  (1) A copy of the employer's report of the accident submitted by the employer to the department of labor and industrial relations, workers' compensation division, and other reports relating to the accident;  (2) A certified statement from the head of the department in which the deceased member was employed, stating the date, time, and place of the accident, and the nature of the service being performed when the accident occurred. The statement shall also include an opinion as to whether or not the accident was the result of wilful negligence on the deceased member's part;  (3) A copy of the latest position description of the deceased member's duties and responsibilities;  (4) A certified copy of the death certificate; and  (5) A copy of an autopsy report, if performed.  (c) Upon the system's receipt of the application and documents specified in subsection (b), the medical board or other entity designated by the board of trustees shall determine and certify to the system whether the member's death was an accidental death as defined in section 88-21.  (d) The system may accept as conclusive as to whether or not the member's death was caused by wilful negligence on the part of the member:  (1) A certification made by the head of the agency in which the member is employed; or  (2) A finding by the medical board or other entity designated by the board of trustees.  (e) After the medical board or other entity designated by the board of trustees submits its certification to the system, the system shall approve or disapprove the application. Upon approval of an application, benefits shall be paid as provided in section 88-85, 88-286, or 88-339. [L 2000, c 215, §1; am L 2004, c 179, §14; am L 2006, c 169, §16; am L 2017, c 17, §6]
HI Rev Stat § 88-86 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-86 REPEALED.

 §88-86 REPEALED. L 1970, c 52, §1.
HI Rev Stat § 88-87 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-87 Adjustment for deficiency in accumulated contributions.

  §88-87 Adjustment for deficiency in accumulated contributions. Upon retirement, the maximum retirement allowance of any member whose accumulated contributions are deficient shall be reduced by an amount which is the actuarial equivalent of the amount of the deficiency. A deficiency shall be the amount by which a member's accumulated contributions fail to equal the accumulated contributions which would be standing to the member's account had the member contributed at the full rate required by law. Deficiencies may be paid by the member in advance of retirement, in which case the member's retirement allowance shall not be reduced. [L 1969, c 110, pt of §1; gen ch 1985; am L 2000, c 215, §3]
HI Rev Stat § 88-88 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-88 Adjustment of retirement allowances of retirants.

 §88-88 Adjustment of retirement allowances of retirants. The retirement allowance of any class A member whose allowance was reduced by reason of social security coverage subsequent to December 31, 1955, shall be increased by the amount of such reduction; provided that the increase shall be limited to 1/280 of that part of the class A member's average final compensation not in excess of $4,200 per annum multiplied by the number of years of the class A member's creditable service rendered between January 1, 1956, and January 1, 1965, for which the class A member received compensation covered by social security, and provided that in the case of a member who retired on a service-connected disability retirement the increase shall be limited to 16 and 2/3 per cent of that part of the member's average final compensation not in excess of $4,200 per year. [L 1969, c 102, §1; gen ch 1985]