reglab/housing_qa huggingface dataset:
HI Rev Stat § 88-45.4 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-45.4 Contributions for unpaid leaves of absence. Contributions required as a condition to inclusion in membership service of unpaid leaves of absence shall be made by the member within one year after return from the leave of absence. [L 2015, c 86, §2] Revision Note Section was enacted as an addition to subpart A but was codified to this subpart pursuant to §23G-15.

  §88-45.4 Contributions for unpaid leaves of absence. Contributions required as a condition to inclusion in membership service of unpaid leaves of absence shall be made by the member within one year after return from the leave of absence. [L 2015, c 86, §2] Revision Note  Section was enacted as an addition to subpart A but was codified to this subpart pursuant to §23G-15.
HI Rev Stat § 88-45.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-45.5 Acceptance of rollovers and transfers from other plans.

  §88-45.5 Acceptance of rollovers and transfers from other plans. 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]
HI Rev Stat § 88-46 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-46 Deducting employee contributions from salary and employer pick up of employee contributions.

 §88-46 Deducting employee contributions from salary and employer pick up of employee contributions. (a) The head of each state department and the finance director of each county shall deduct from the compensation of each class A or class B member on each and every payroll under their respective jurisdiction, the percentage of compensation of each member as provided under section 88-45. 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 monthly or at such other times as may be agreed upon by the board of trustees. 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 federal Internal Revenue Code of 1986, as amended, shall pick up and pay the contributions which would otherwise be payable by each class A or class B member, including contributions designated by the member relating to the acquisition of membership service as provided under section 88-59, 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 A or class B member's compensation.  (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 A or class B member's compensation equal to the amount of the member's contributions picked up by the employer, provided that such 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 1925, c 55, pt of §8; am imp L 1927, c 251, §4; RL 1935, pt of §7927; RL 1945, pt of §712, subs 1; RL 1955, §6-83; am L 1957, c 143, §8; am L 1963, c 127, §16; am L 1964, c 62, §11; HRS §88-46; am L 1969, c 110, pt of §1; am L 1984, c 108, §5; am L 1987, c 115, §1; am L 1988, c 41, §2; am L 1997, c 213, §1] Attorney General Opinions  Member must have made contributions in order to have pay included as part of average final compensation. Att. Gen. Op. 85-10.
HI Rev Stat § 88-46.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-46.5 REPEALED.

  §88-46.5 REPEALED. L 2006, c 40, §4.
HI Rev Stat § 88-46.6 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-46.6 Erroneous contributions from compensation of class C members; contributions from overpaid compensation.

  §88-46.6 Erroneous contributions from compensation of class C members; contributions from overpaid compensation. 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]
HI Rev Stat § 88-48 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-48 Deduction in class A member's account.

 §88-48 Deduction in class A member's account. An amount equal to the taxes under the Federal Insurance Contributions Act payable by a class A member for the period beginning January 1, 1956, and ending on the date class A membership is obtained, shall be deducted from the class A member's account in the system. Any member may elect to contribute to the system an amount equal to the taxes so deducted, which amount shall be credited to the member's account. [L 1957, c 143, §9; Supp, §6-83.01; HRS §88-48; am L 1969, c 110, pt of §1; gen ch 1985]
HI Rev Stat § 88-49 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-49 Employees paid partly from federal funds.

 §88-49 Employees paid partly from federal funds. 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] Attorney General Opinions  Employee subject to federal retirement system is not entitled to membership in state system. Att. Gen. Op. 71-10.
HI Rev Stat § 88-49.3 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-49.3 Employees paid from certain federal funds.

  §88-49.3 Employees paid from certain federal funds. 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 July 1, 1978, except as provided for in this section.  Any such participant who is a member of the system on June 30, 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 December 31, 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] Attorney General Opinions  Capacity to make election. Att. Gen. Op. 86-2.
HI Rev Stat § 88-49.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-49.5 Certain employees subject to federal retirement system; election.

  §88-49.5 Certain employees subject to federal retirement system; election. Any provision in this chapter to the contrary notwithstanding, any employee who was subject to the federal retirement system and was a member of the employees' retirement system of the State on July 25, 1971, shall be entitled to all benefits which accrued from such membership and shall be permitted to continue membership in the system with all the benefits thereof, including the right to acquire as membership service credit pursuant to section 88-59, the period of service for which the employee was denied membership in the system because of being subject to the federal retirement system, provided that such election shall be made before January 1, 1973. [L 1972, c 23, §1; gen ch 1985]
HI Rev Stat § 88-49.7 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-49.7 East-West center employees.

  §88-49.7 East-West center employees. 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. [L 1975, c 82, §19(b)] Revision Note  Act "82, Session Laws of Hawaii 1975" added.
HI Rev Stat § 88-50 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-50 Computation of year of service.

 §88-50 Computation of year of service. The board of trustees may fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service but in no case shall more than one year of service be credited in twelve calendar months, nor shall the board allow credit as service for any period of more than one month's duration during which the employee was absent without pay. [RL 1945, pt of §704; am L 1945, c 73, pt of §1(c); RL 1955, §6-32; HRS §88-50; am L 1969, c 110, pt of §1] Case Notes  Legislature clearly delegated authority to determine the amount of service equivalent to a "year of service" to board of trustees. 73 H. 9, 828 P.2d 260.
HI Rev Stat § 88-50.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-50.5 Credit for mandatory maternity leave.

  §88-50.5 Credit for mandatory maternity leave. Any member of the system who was required to take mandatory maternity leave prior to July 1, 1973, may be credited up to four years of membership service credit for mandatory maternity leave; provided that the maximum credit for each pregnancy shall be limited to twelve months.  A member's maternity leave shall be considered service in the member's occupation at the time the leave was taken and may be credited in accordance with sections 88-59, 88-272, and 88-324.  Any retirant, who returns to employment and is reenrolled as a member of the system and who has at least three years of credited service in the system during the period of reemployment, may be credited with membership service credit for maternity leave as provided in this section. [L 1990, c 104, §2; am L 2004, c 179, §6]
HI Rev Stat § 88-51.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-51.5 REPEALED.

 §88-51.5 REPEALED. L 1982, c 165, §2(6).
HI Rev Stat § 88-52 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-52 Service while a member of the legislature.

 §88-52 Service while a member of the legislature. 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 July 1, 1951, anything to the contrary in this part notwithstanding. All service rendered as a member of the legislature after June 30, 1951, shall be considered membership service. [L 1951, c 110, §1(c); am L 1955, c 248, §1; RL 1955, pt of §6-38; HRS §88-52; am L 1969, c 110, pt of §1] Attorney General Opinions  No age restriction imposed on granting membership for prior service as elected official. Att. Gen. Op. 64-40.
HI Rev Stat § 88-53 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-53 (Reserved)

  §88-53 (Reserved)
HI Rev Stat § 88-54 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-54 Service while legislative employee.

 §88-54 Service while legislative employee. Any member who takes a leave of absence to be employed by the legislature during any legislative session shall be entitled to all benefits and required to make all employee contributions under the system for the period during which such employee worked for the legislature; provided that the contributions shall be made on the same basis as would have been required had the employee not been on leave of absence. [L 1947, c 58, §1; am L 1951, c 193, §1; RL 1955, §6-37; am L 1967, c 176, §2; HRS §88-54; am L 1969, c 110, pt of §1; am L 1982, c 165, §2(7)]
HI Rev Stat § 88-54.2 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-54.2 Session employees of the legislature; exempt from mandatory enrollment.

  §88-54.2 Session employees of the legislature; exempt from mandatory enrollment. (a) Notwithstanding section 88-42 or any other section in part II, VII, or VIII, any person who is employed as a session employee by the legislature or any legislative service agency after October 31, 2006, to provide services during any session of the legislature and who is not subject to section 88-54 shall be excluded from membership in the employees' retirement system throughout the person's employment as a session employee.  (b) For the purposes of this section, "session employee" means a person who is not subject to section 88-54 and who is employed by the legislature or any legislative service agency to provide services during any session of the legislature, including a reasonable period immediately prior to and after that session as the legislature and legislative service agencies shall determine. [L 2007, c 2, §1]
HI Rev Stat § 88-54.5 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-54.5 Service while a member of the board of trustees of the office of Hawaiian affairs.

  §88-54.5 Service while a member of the board of trustees of the office of Hawaiian affairs. Notwithstanding any provisions of section 10-9 that may previously have precluded a member of the board of trustees of the office of Hawaiian affairs from participating as a member of the employees' retirement system:  (1) Any trustee of the office of Hawaiian affairs in service on July 1, 2002, may become a member in accordance with section 88-43 by October 1, 2002;  (2) Any trustee of the office of Hawaiian affairs elected or appointed after July 1, 2002, shall become a member or elect to be excluded from membership in the system in accordance with section 88-42.6;  (3) Any service as a trustee of the office of Hawaiian affairs during the period of July 1, 1993, through July 1, 2002, if claimed by the member, shall be credited in the member's class at the time the service is acquired; provided that membership service shall be credited in accordance with sections 88-59, 88-272, and 88-324; and  (4) Any former trustee of the office of Hawaiian affairs who retired from service prior to July 1, 2002, shall not be entitled to claim membership service as a trustee during the period July 1, 1993, through June 30, 2002. [L 2002, c 183, §2; am L 2004, c 179, §7; am L 2008, c 47, §6]
HI Rev Stat § 88-55 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-55 Services of field civilian personnel of the Hawaii national guard.

 §88-55 Services of field civilian personnel of the Hawaii national guard. 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]
HI Rev Stat § 88-56 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-56 REPEALED.

 §88-56 REPEALED. L 1982, c 165, §2(9).
HI Rev Stat § 88-57 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-57 Prior service generally.

 §88-57 Prior service generally. Prior service is credited without cost to the member entitled thereto. Prior service includes:  (1) Service as an employee rendered  (A) By an employee of the Territory prior to January 1, 1926, or  (B) By an employee of any county prior to January 1, 1928,  (2) Service in a similar capacity paid for by the Republic of Hawaii or by the preceding provisional or monarchial governments,  (3) All service creditable to the employee under any other retirement system supported wholly or in part by the State at the time the employee became a member of this system,  (4) Periods of honorable service in the army, navy, marine corps, coast guard and public health services of the United States at any time between the dates of April 5, 1917, and July 2, 1920, which service necessitated separation at the time of its inception from existing Territorial or county employment,  (5) Service as an employee during the period from January 1, 1926, to December 31, 1927, in the case of a member who became an employee of the Territory during said period was in the regular employ of any county immediately prior to the time the member became a Territorial employee and was an employee of the Territory on January 1, 1928, and  (6) Other areas or periods of service described and designated in this part to constitute prior service. [L 1925, c 55, pt of §4; am L 1927, c 223, §2; am imp L 1927, c 251, § §1, 2; am imp L 1929, c 190, §1; am imp L 1931, c 219, § §1, 2, 3; RL 1935, pt of §7923; am L 1935, c 48, §6; am L 1937, c 235, §1; RL 1945, pt of §704; am L 1945, c 73, pt of §1(c); RL 1955, §6-30; HRS §88-57; am L 1969, c 110, pt of §1; gen ch 1985]
HI Rev Stat § 88-58 (2021)
2021 Hawaii Revised Statutes|Title 7. Public Officers and Employees|88. Pension and Retirement Systems|88-58 Prior service credit while per diem employee.

 §88-58 Prior service credit while per diem employee. Under such rules as are adopted by board of trustees, all members who formerly filled per diem positions after December 31, 1927, in the various counties as road maintenance workers, shall be allowed full prior service credit in the system for their per diem service. [L 1959, c 173, § §1, 2; am L 1960, c 22, § §2, 3; am L 1964, c 62, §2; Supp, §6-36.8; HRS §88-58; am L 1969, c 110, pt of §1; am L 1982, c 165, §2(11)] Attorney General Opinions  Section (1969) neither required nor permitted ERS to include entirety of judges' per diem terms in computation of their retirement benefits. Att. Gen. Op. 97-11.