reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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]
2023 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.
2023 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.
2023 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]
2023 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.
2023 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)]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-89 Minimum amount.

§88-89 Minimum amount.
Each retirant who has a minimum of ten years of credited service and whose service retirement allowance is less than $50 per month, shall be paid an amount which, together with the retirant's retirement allowance, equals the sum of $50 per month. [L 1943, c 130, §1; RL 1945, §709, subs 1; RL 1955, §6-43; am L 1957, c 143, §7; HRS §88-80; am L 1969, c 110, pt of §1 and c 127, §32; gen ch 1985; am L 1998, c 151, §15]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-90 Post retirement allowances.

§88-90 Post retirement allowances.
(a) There shall be payable to each person receiving any pension, annuity or retirement allowance, a post retirement allowance which shall consist of an amount equivalent to one and one-half per cent of the monthly pension, annuity, or retirement allowance as originally computed, approved, and paid. This benefit shall be added to the monthly pension, annuity, or retirement allowance on the first day of July in each year following June 30, 1961, as follows:
(1) To each person receiving a pension, annuity, or retirement allowance on June 30, 1961, payment of the benefit shall commence on July 1, 1961, except that after June 30, 1963, the monthly benefits payable under this subsection shall be computed and paid on the basis of the number of years that has elapsed since the person entitled thereto first became the recipient of the pension, annuity, or retirement allowance from which the benefit is derived; and
(2) To each person first receiving a pension, annuity, or retirement allowance after June 30, 1961, payment of the benefit shall commence on the first of July following the calendar year in which the payment of the pension, annuity, or retirement allowance is effective.
(b) After June 30, 1970, the post retirement allowance shall consist of an amount equivalent to two and one-half per cent of the monthly pension, annuity, or retirement allowance as originally computed and paid. This benefit shall be payable on the first day of July in each year following June 30, 1970, as follows:
(1) To each person, who on June 30, 1970, was receiving a post retirement allowance as described under subsection (a) hereof, payment of the benefit shall commence on July 1, 1970; and
(2) To each person first receiving a pension, annuity, or retirement allowance after December 31, 1968, payment of the benefit shall commence on the first day of July following the calendar year in which the payment of the pension, annuity, or retirement allowance is effective.
(c) Notwithstanding subsections (a) and (b), for employees who become members after June 30, 2012, and for any person who receives a monthly pension, annuity or retirement allowance as a beneficiary or survivor of the employee, the post retirement allowance shall consist of an amount equivalent to one and one-half per cent of the monthly pension, annuity, or retirement allowance as originally computed and paid. Payment of the benefit shall commence on the first day of July following the calendar year in which the payment of the pension, annuity or retirement allowance is effective. [L 1961, c 175, §7; am L 1963, c 127, §10; Supp, §6-49.5; HRS §88-81; am L 1969, c 110, pt of §1; am L 1970, c 113, §1; am L 2011, c 163, §9]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-90.5 Actuarial assumptions. (a) Notwithstanding any provision in this chapter to the contrary, the board may approve the effect of the post retirement allowance under section 88-90, or of any other mandatory fixed scheduled increase in the benefits payable under part II, VII, or VIII, as an actuarial assumption for the purpose of determining the value of the options available under sections 88-83, 88-283, and 88-333. (b) Subject to the recommendation of the actuary appointed under section 88-29, the board may adopt, by motion at any duly noticed meeting of the board, actuarial tables, factors, and assumptions for the purposes of parts II, VII, and VIII. The tables, factors, and assumptions that are used to compute benefits shall be in writing and certified by the executive director. [L 2005, c 56, §2; am L 2007, c 215, §15; am L 2013, c 23, §4]

§88-90.5
Actuarial assumptions.
(a) Notwithstanding any provision in this chapter to the contrary, the board may approve the effect of the post retirement allowance under section 88-90, or of any other mandatory fixed scheduled increase in the benefits payable under part II, VII, or VIII, as an actuarial assumption for the purpose of determining the value of the options available under sections 88-83, 88-283, and 88-333.
(b) Subject to the recommendation of the actuary appointed under section 88-29, the board may adopt, by motion at any duly noticed meeting of the board, actuarial tables, factors, and assumptions for the purposes of parts II, VII, and VIII. The tables, factors, and assumptions that are used to compute benefits shall be in writing and certified by the executive director. [L 2005, c 56, §2; am L 2007, c 215, §15; am L 2013, c 23, §4]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-91 Exemption from taxation and execution.

§88-91 Exemption from taxation and execution.
The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity or retirement allowance itself, any optional benefit or death benefit, any other right accrued or accruing to any person under this part and the moneys in the various funds created under this part are exempted from any tax of the State and, except as provided in sections 88-92 and 88-93.5, shall not be subject to execution, garnishment or any other process and shall be unassignable except as in this part specifically provided. [L 1925, c 55, §12; am L 1933, c 81, §1; RL 1935, §7930; RL 1945, §715; RL 1955, §6-58; HRS §88-82; am L 1969, c 110, pt of §1; am L 2016, c 263, §3; am L 2018, c 30, §1(2)]
Attorney General Opinions
Power of attorney authorizing attorney to receive, endorse and collect checks does not constitute assignment of retirement allowance prohibited by section. Att. Gen. Op. 61-69.
To extent that divorce decrees create liens that act directly on retirement system funds, the decrees are unenforceable. Att. Gen. Op. 79-3.
Case Notes
Section does not prevent divorce court to order a party to maintain his former wife and children as beneficiaries under the retirement system. 52 H. 357, 477 P.2d 620.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-93 Named beneficiaries by members and by former employees; effect of marriage, entry into reciprocal beneficiary relationship, divorce, termination of reciprocal beneficiary relationship, or death.

§88-93 Named beneficiaries by members and by former employees; effect of marriage, entry into reciprocal beneficiary relationship, divorce, termination of reciprocal beneficiary relationship, or death.
(a) All written designations of beneficiaries for members and for former employees shall become null and void when:
(1) The beneficiary predeceases the member or former employee;
(2) The member or former employee is divorced from the beneficiary;
(3) The member or former employee is unmarried, and subsequently marries; or
(4) The member or former employee enters into or terminates a reciprocal beneficiary relationship.
Any of the above events shall operate as a complete revocation of the designation and, except as provided in sections 88-84(b) and 88-338(b) all benefits payable by reason of the death of the member or former employee shall be payable to the member's or former employee's estate unless, after the death, divorce or marriage, or entry into or termination of reciprocal beneficiary relationship, the member or former employee makes other provision in a written designation duly executed and filed with the board.
(b) Subsection (a) shall not apply to active members who are former retirants who have returned to service. The beneficiaries of retirants who return to service may not be changed except to the extent provided under the retirement allowance option selected by the former retirant when the former retirant first retired. [L 1951, c 156, §1; am L 1955, c 12, §1; RL 1955, §6-54; HRS §88-84; am L 1969, c 110, pt of §1; gen ch 1985; am L 1997, c 383, §30; am L 2006, c 169, §17; am L 2007, c 215, §16]
Attorney General Opinions
Because of operation of renunciation of succession pursuant to Uniform Probate Code, beneficiary, deceased parent, was deemed to have predeceased member; thus, only remaining beneficiary was remaining parent, and employees €™ retirement system may pay member €™s benefits to sole remaining beneficiary. Att. Gen. Op. 97-3.
Case Notes
Provision revoking a designation by subsequent marriage operated to revoke a designation made prior to enactment of provision; not unconstitutional. 42 H. 532.
Divorce decree may order party to maintain his former wife and children as beneficiaries, and upon failure of party to comply, court will determine rights of parties as if obligation had been performed. 52 H. 357, 477 P.2d 620.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-94 Withholding of income taxes.

§88-94 Withholding of income taxes.
Pension, annuity, and retirement allowance payments from the system shall be subject to income tax withholding requirements as set forth by the federal government; payment of these taxes as withheld shall be the liability of the system. The board of trustees shall adopt rules to administer the purposes of this section. [L 1966, c 11, § §2, 3; HRS §88-85; am L 1969, c 110, pt of §1; gen ch 1985; am L 2005, c 58, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-95 Withholding of dues and insurance premiums.

§88-95 Withholding of dues and insurance premiums.
A retirant or the retirant's surviving beneficiary shall have withheld from the retirant's or the retirant's surviving beneficiary's pension, annuity, or retirement allowance, payments to the employer-union health benefits trust fund and employee organizations for dues and insurance premiums. [L 1967, c 219, §1; HRS §88-86; am L 1969, c 110, pt of §1; gen ch 1985; am L 1987, c 54, §1; am L 2006, c 169, §18; am L 2020, c 62, §3]