reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-218 Plans for coverage of employees of political subdivision.

§88-218 Plans for coverage of employees of political subdivision.
Each political subdivision of the State may submit for approval by the state agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of the Act, to employees of the political subdivision. Each plan and any amendment thereof shall be approved by the state agency if it finds that the plan, or the plan as amended, conforms with such requirements provided in regulations of the state agency, except that no plan shall be approved unless:
(1) It conforms with the requirements of the Social Security Act and with the agreement entered into under section 88-212;
(2) It provides that all services which constitute employment as defined in section 88-211 and are performed in the employ of the political subdivision by employees thereof, shall be covered by the plan, except that it may exclude services performed by individuals to whom section 218(c)(3)(C) of the Social Security Act is applicable;
(3) It specifies the source or sources from which the funds necessary to make the payments required by section 88-221 and by section 88-223 are expected to be derived and contains reasonable assurance that the sources will be adequate for the purpose;
(4) It provides for such methods of administration of the plan by the political subdivision as are found by the state agency to be necessary for the proper and efficient administration of the plan;
(5) It provides that the political subdivision will make such reports, in such form and containing such information, as the state agency may from time to time require, and comply with such provisions as the state agency or the Secretary of Health and Human Services may from time to time find necessary to assure the correctness and verification of the reports;
(6) It authorizes the state agency to terminate the plan in its entirety, in the discretion of the state agency, if it finds that there has been a failure to comply substantially with any provision contained in the plan, the termination to take effect at the expiration of the notice and on such conditions as may be provided by regulations of the state agency and may be consistent with the provisions of the Social Security Act. [L 1953, c 217, §5(a); RL 1955, §6-195; am L 1957, c 284, § §3, 8; HRS §88-218; am L 2004, c 176, §5]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-219 Referendum.

§88-219 Referendum.
With respect to any state retirement system to which this part applies or to any retirement system of a political subdivision whose governing body so requests, the governor is empowered to authorize a referendum, and shall designate an agency or individual to supervise its conduct, in accordance with the requirements of section 218(d)(3) of the Social Security Act, on the question of whether service in positions covered by a retirement system established by the State, or by a political subdivision thereof should be excluded from or included under an agreement under this part. The notice of referendum required by section 218(d)(3)(C) of the Social Security Act to be given to employees shall contain or shall be accompanied by a statement, in such form and such detail as the agency or the individual designated to supervise the referendum shall deem necessary and sufficient to inform the employees of the rights which will accrue to them and their dependents and survivors, and the liabilities to which they will be subject, if their services are included under an agreement under this part. Upon receiving evidence satisfactory to the governor that with respect to any such referendum the conditions specified in section 218(d)(3) of the Social Security Act have been met, the governor shall so certify to the Secretary of Health and Human Services. [L 1957, c 284, §10; Supp, §6-195.5; HRS §88-219; gen ch 1985; am L 2004, c 176, §5]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-220 Refusal or termination of plans.

§88-220 Refusal or termination of plans.
The state agency shall not finally refuse to approve a plan submitted by a political subdivision under section 88-218, and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivision affected thereby. [L 1953, c 217, §5(b); RL 1955, §6-196; HRS §88-220]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-221 Payments by political subdivisions.

§88-221 Payments by political subdivisions.
Each political subdivision whose plan has been approved under section 88-218 shall pay to the contribution fund, with respect to wages (as defined in section 88-211), at such time or times as the state agency may by regulation prescribe, contributions in the amounts and at the rates specified in the applicable agreement entered into by the state agency under section 88-212. [L 1953, c 217, pt of §5(c); RL 1955, §6-197; HRS §88-221]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-222 Contributions by employees of political subdivisions.

§88-222 Contributions by employees of political subdivisions.
Each political subdivision required to make payments under section 88-221, may, in consideration of the employee's retention in, or entry upon, employment after June 10, 1953, impose upon each of its employees, as to services which are covered by an approved plan, a contribution with respect to the employee's wages (as defined in section 88-211), not exceeding the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if such services constituted employment within the meaning of that Act, and deduct the amount of such contribution from the employee's wages as and when paid. Contributions so collected shall be paid into the fund in partial discharge of the liability of the political subdivision or instrumentality under section 88-221. Failure to deduct such contribution shall not relieve the employee or employer of liability therefor. [L 1953, c 217, pt of §5(c); RL 1955, §6-198; am L 1957, c 284, §9; HRS §88-222; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-223 Delinquent payments.

§88-223 Delinquent payments.
Delinquent payments due under section 88-221 may, with interest at the rate of six per cent a year, be recovered by action in the circuit court against the political subdivision liable therefor or may, at the request of the state agency, be deducted from any other moneys payable to such subdivision by any state department or agency. [L 1953, c 217, §5(d); RL 1955, §6-199; HRS §88-223]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-224 Contribution fund; established.

§88-224 Contribution fund; established.
There is established a special fund to be known as the contribution fund. The fund shall consist of and there shall be deposited in such fund:
(1) All contributions, interest, and penalties collected under sections 88-215 and 88-221 to 88-223;
(2) All moneys appropriated thereto under this part;
(3) Any property or securities and earnings thereof acquired through the use of moneys belonging to the fund;
(4) Interest earned upon any moneys in the fund; and
(5) All sums recovered upon the bond of the custodian or otherwise for losses sustained by the fund and all other moneys received for the fund and from any other source.
All moneys in the fund shall be mingled and undivided. Subject to the provisions of this part, the state agency is vested with full power, authority and jurisdiction over the fund, including all moneys and property or securities belonging thereto, and may perform any and all acts whether or not specifically designated, which are necessary to the administration thereof and are consistent with this part. [L 1953, c 217, §6(a); RL 1955, §6-200; HRS §88-224]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-225 Purpose of contribution fund.

§88-225 Purpose of contribution fund.
The contribution fund shall be established and held separate and apart from any other state funds or moneys and shall be used and administered exclusively for the purpose of this part. Withdrawals from the fund shall be made for, and solely for (1) payment of amounts required to be paid to the Secretary of the Treasury pursuant to an agreement entered into under section 88-212; (2) payment of refunds provided for in section 88-217; and (3) refunds of overpayments, not otherwise adjustable, made by a political subdivision or instrumentality. [L 1953, c 217, §6(b); RL 1955, §6-201; HRS §88-225]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-226 Payments to federal government.

§88-226 Payments to federal government.
From the contribution fund the custodian of the fund shall pay to the Secretary of the Treasury such amounts and at such time or times as may be directed by the state agency in accordance with any agreement entered into under section 88-212 and the Social Security Act. [L 1953, c 217, §6(c); RL 1955, §6-202; HRS §88-226]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-227 Custodian of fund.

§88-227 Custodian of fund.
The state director of finance shall be ex officio treasurer and custodian of the contribution fund and shall administer the fund in accordance with this part and the directions of the state agency and shall pay all warrants drawn upon it in accordance with sections 88-225 and 88-226 and with such regulations as the state agency may prescribe pursuant thereto. [L 1953, c 217, §6(d); RL 1955, §6-203; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §88-227]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-228 Appropriations to contribution fund.

§88-228 Appropriations to contribution fund.
(a) There are hereby authorized to be appropriated to the contribution fund, in addition to the contributions collected and paid into the contribution fund under sections 88-215 and 88-221 to 88-223, to be available for the purposes of sections 88-225 and 88-226 until expended, such additional sums as are found to be necessary in order to make the payments to the Secretary of the Treasury which the State is obligated to make pursuant to an agreement entered into under section 88-212.
(b) The state agency shall submit to the director of finance at such time preceding each regular session of the legislature as the director may prescribe, an estimate of the amounts authorized to be appropriated to the contribution fund by subsection (a) of this section for the next appropriation period. [L 1953, c 217, §6(e); RL 1955, §6-204; am L Sp 1959 1st, c 13, §3; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §88-228; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-229 Rules and regulations.

§88-229 Rules and regulations.
The state agency shall make and publish such rules and regulations, not inconsistent with this part, as it finds necessary or appropriate to the efficient administration of the functions with which it is charged under this part. [L 1953, c 217, §8; RL 1955, §6-205; HRS §88-229]
Cross References
Rules, see chapter 91.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-230 Studies and reports.

§88-230 Studies and reports.
The state agency shall make studies concerning the problem of old age and survivors insurance protection for employees of the State and local governments and instrumentalities and concerning the operation of agreements made and plans approved under this part and shall submit a report to the legislature at the beginning of each regular session, covering the administration and operation of this part during the preceding fiscal period, including such recommendations for amendments to this part as it considers proper. [L 1953, c 217, §9; RL 1955, §6-206; am L Sp 1959 1st, c 13, §2; HRS §88-230]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-251 Applicability.

§88-251 Applicability.
The following provisions of part II shall apply to this part:
(1) Subpart A, except the definitions provided in section 88-21, unless expressly adopted in section 88-261;
(2) Subpart B, except sections 88-45, 88-45.5, 88-46, 88-48, 88-52, 88-59, 88-59.5, 88-61, and 88-62;
(3) Subpart C, except sections 88-71, 88-72, 88-73, 88-74, 88-74.6, 88-75, 88-76, 88-80, 88-83, 88-84, 88-85, 88-87, 88-88, 88-96, 88-97, and 88-98;
(4) Subpart D, except sections 88-112 and 88-113; and
(5) Subpart E. [L 1984, c 108, pt of §8; am L 1987, c 117, §3; am L 1990, c 104, §3; am L 1998, c 151, §12; am L 2004, c 179, §23; am L 2005, c 58, §17; am L 2006, c 169, §26; am L 2007, c 215, §18; am L 2008, c 47, §10]
Note
Section 88-72 referred to in paragraph (3) is repealed.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-261 Definitions.

§88-261 Definitions.
(a) The following words and phrases as used in this part shall have the same meanings as defined in section 88-21, unless a different meaning is plainly required by the context: "accumulated contributions"; "actuarial equivalent"; "average final compensation"; "beneficiary"; "board"; "county"; "employee"; "medical board"; "retirant"; "retirement allowance"; "service"; and "system".
(b) The following words and phrases as used in this part shall have the following meanings, unless a different meaning is plainly required by the context:
"Member": a class C member as described in section 88-47. [L 1984, c 108, pt of §8; am L 1997, c 212, §5; am L 2005, c 58, §18; am L 2006, c 169, §41]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-311 Definitions.

§88-311 Definitions.
The following words and phrases as used in this part shall have the following meanings, unless a different meaning is plainly required by the context:
"Actuarial cost" means the actuarial present value, at the date of valuation, of the increase in the retirement allowance that would be attributable to the years of service being converted to class H credited service. The actuarial present value shall be based on rates and tables recommended by the actuary and adopted by the board.
"Class A credited service" means credited service as a class A member, excluding any service converted to class H credited service pursuant to section 88-322(b).
"Class B credited service" means credited service as a class B member, excluding any service converted to class H credited service pursuant to section 88-322(b).
"Class C credited service" means credited service as a class C member, excluding any service converted to class H credited service pursuant to section 88-322(a).
"Class H credited service" means credited service as a class H member, including service described in section 88-323.
"Hypothetical account balance" means:
(1) For members who became members before July 1, 2012, the sum of:
(A) One and one-half times the sum of:
(i) Employee contributions made, either by the member or on behalf of the member, pursuant to section 88-325;
(ii) Accumulated interest at the regular interest rate on the employee contributions; and
(B) Any employee contributions, including rollovers and contributions used to convert credited service to class H credited service, or used to purchase service, and accumulated interest on the employee contributions at the regular interest rate; or
(2) For members who become members after June 30, 2012, the sum of:
(A) One and one-fifth times the sum of:
(i) Employee contributions made, either by the member or on behalf of the member, pursuant to section 88-325; and
(ii) Accumulated interest at the regular interest rate on the employee contributions; and
(B) Any employee contributions, including rollovers and contributions used to convert credited service to class H credited service, or used to purchase service, and accumulated interest on the employee contributions at the regular interest rate. [L 2004, c 179, pt of §1; am L 2005, c 58, §22; am L 2011, c 163, §11]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-271 Election.

§88-271 Election.
(a) Any class A or class B member who:
(1) Is in service on June 30, 1984, or who returns to service after June 30, 1984, but before July 1, 2006, and has vested benefit status as provided in section 88-96(b); and
(2) Is in a position covered by Title II of the Social Security Act,
may elect to become a class C member effective January 1, 1985; or upon return to service, by filing an election form with the board. The election shall be made prior to December 1, 1984, or within thirty days of return to service and shall be irrevocable. A class A or class B member who makes an election shall be refunded all accumulated contributions and shall not be required to make further contributions upon becoming a class C member. The refund shall be made by March 31, 1985, or within ninety days after return to service. Upon the effective date of the election, all rights as a class A or class B member shall be extinguished.
(b) After June 30, 1984, a class A or class B member, who returns to service but does not have vested benefit status as provided in section 88-96(b), shall become a class C member upon return to service and shall be refunded all accumulated contributions.
(c) Any water safety officer who is in service on July 1, 1994, may elect to become a class C member by filing an election form with the board. The election shall be made prior to September 1, 1994, and shall be irrevocable. The accumulated contributions of a water safety officer who makes this election shall be returned to the water safety officer through payroll adjustments or another procedure as determined by the board. Upon the effective date of the election, all rights as a class A member shall be extinguished. All persons first employed as a water safety officer after July 1, 1994, shall be class C members.
(d) The election by any class A or class B member to become a class C member pursuant to section 88-46.5 in the form in which it existed at any time prior to July 1, 2006, shall be irrevocable upon refund of the member's accumulated contributions.
(e) The system shall provide information explaining the effects of any election made under subsection (a) or (c). [L 1984, c 108, pt of §8; am L 1989, c 100, §4; am L 1994, c 276, §10; am L 2000, c 265, §2; am L 2004, c 179, §24; am L 2006, c 40, §2 and c 169, §27]
Note
Section 88-46.5 referred to in subsection (d) is repealed.
Attorney General Opinions
Deadline for election cannot be extended. Att. Gen. Op. 84-11.
Return to service of contributory plan retirant; participation in noncontributory plan. Att. Gen. Op. 85-21.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-272 Credited service.

§88-272 Credited service.
Credited service includes:
(1) Service by an employee rendered since becoming a member;
(2) Service credited under part II as a class A or class B member for members who make the election described in section 88-271(a);
(3) Service for members who return to service in the manner described in section 88-271(b);
(4) Service in the armed forces as provided by subpart E of part II; provided that the service shall be credited at no cost upon certification by the system;
(5) Mandatory maternity leave as provided in part II; provided that such service shall be credited at no cost upon certification by the system;
(6) Service rendered prior to becoming a class C member as described in section 88-51 that is not included in paragraphs (1) to (5); provided that the service shall be credited at no cost. Upon certification by the system, that service shall be credited at the rate of one month of service credit for each month of service rendered following the return to membership; and
(7) Unused sick leave as provided in section 88-63; provided that any additional service credit shall not be used in determining eligibility for retirement or for any other purpose as a class C member. [L 1984, c 108, pt of §8; am L 1990, c 104, §4 and c 141, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-323 Class H credited service.

§88-323 Class H credited service.
Class H credited service includes:
(1) Service by an employee rendered since becoming a class H member;
(2) Service credited under part II as a class A member or a class B member and converted to class H credited service pursuant to section 88-322(b);
(3) Service credited under part VII as a class C member and converted to class H credited service pursuant to section 88-322(a);
(4) Service in the armed forces as provided by subpart E of part II;
(5) Mandatory maternity leave as provided in part II; and
(6) Unused sick leave as provided in section 88-63; provided that any additional service credit shall not be used in determining eligibility for retirement or for any other purpose as a class H member. [L 2004, c 179, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-325 Employee contributions.

§88-325 Employee contributions.
(a) Each class H member, who became a member before July 1, 2012, shall contribute six per cent of the member's compensation to the annuity savings fund; provided that each sewer worker, water safety officer, and emergency medical technician who became a member before July 1, 2012, and is a class H member shall contribute nine and three-fourths per cent of the member's compensation to the annuity savings fund for service in that capacity.
(b) Each class H member, who becomes a member after June 30, 2012, shall contribute eight per cent of the member's compensation to the annuity savings fund; provided that each sewer worker, water safety officer, and emergency medical technician who becomes a member after June 30, 2012, and is a class H member shall contribute eleven and three-fourths per cent of the member's compensation to the annuity savings fund for service in that capacity. [L 2004, c 179, pt of §1; am L 2011, c 163, §12]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-326 Deducting employee contributions from salary and employer pick up of employee contributions.

§88-326 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 H member on each and every payroll under their respective jurisdictions, the percentage of compensation of each member as provided under section 88-325.
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 semi-monthly or at other times as may be agreed upon by the board. 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 Internal Revenue Code of 1986, as amended, shall pick up and pay the contributions that would otherwise be payable by each class H member, including contributions designated by the member relating to the conversion or acquisition of membership service as provided under sections [88-322(d)] and 88-324, 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 H member's compensation. The member shall complete a payroll authorization form before the period in which the contributions are earned and service is acquired, converted, or credited. With respect to service to be acquired or converted, the form shall be a binding irrevocable payroll deduction authorization in which the member acknowledges that the system will not accept direct payment from the member while the form is in effect.
(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 H member's compensation equal to the amount of the member's contributions picked up by the employer; provided that the 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 2004, c 179, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-281 Service retirement.

§88-281 Service retirement.
(a) A member who has ten years of credited service and has attained age sixty-two, or a member with thirty years credited service who has attained the age of fifty-five, shall become eligible to receive a retirement allowance after the member has terminated service.
(b) If a member has at least twenty-five years of credited service as a sewer worker or as a water safety officer of which the last five or more years prior to retirement is credited in such a capacity, then the sewer worker or water safety officer shall be eligible to receive a retirement benefit unreduced for age after the member has terminated service.
(c) A member who has twenty years of credited service and has attained age fifty-five shall be eligible to receive an early retirement allowance reduced for age after the member has terminated service.
(d) A member who has ten years of credited service and terminates service prior to attaining age sixty-two shall have a vested right and shall be eligible to receive a retirement allowance when the member has attained age sixty-five.
(e) If a member has at least thirty years of credited service through June 30, 2003; twenty-nine years of credited service on or after July 1, 2004; twenty-eight years of credited service on or after July 1, 2005; twenty-seven years of credited service on or after July 1, 2006; twenty-six years of credited service on or after July 1, 2007; and 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, the emergency medical technician shall be eligible to receive a retirement benefit unreduced for age after the member has terminated service.
(f) A member may retire upon the written application to the board, specifying the desired date of retirement, which shall be not less than thirty days nor more than one hundred fifty days subsequent to the date of filing. 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.
(g) A member's right to the member's accrued retirement benefit is nonforfeitable upon the attainment of normal retirement age and the completion of ten years of credited service.
For the purpose of this section, "normal retirement age" means age sixty-five. [L 1984, c 108, pt of §8; am L 1988, c 242, §3; am L 1994, c 276, §11; am L 2001, c 101, §1; am L 2002, c 128, §10; am L 2003, c 199, §3; am L 2004, c 179, §26; am L 2013, c 124, §4]
Attorney General Opinions
Pursuant to this section and §88-273, former employee was a member of ERS until effective date of former employee's retirement. Att. Gen. Op. 97-12.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-282 Service retirement allowance.

§88-282 Service retirement allowance.
Upon retirement from service, a member shall receive a retirement allowance as follows:
(1) If the member has met the requirements in section 88-281(a), (b), (d), or (e), a maximum retirement allowance of one and one-fourth per cent of the average final compensation multiplied by the number of years of credited service; or
(2) If the member has met the requirements in section 88-281(c), an early retirement allowance equal to the maximum retirement allowance reduced by one-half per cent for each month the member is less than age sixty-two at retirement. [L 1984, c 108, pt of §8; am L 1987, c 117, §5; am L 2001, c 101, §2; am L 2005, c 58, §19]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-284 Ordinary disability retirement.

§88-284
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.
(c) A member who is determined to be permanently incapacitated for the further performance of duty pursuant to subsection (a) and eligible to receive an ordinary disability retirement allowance shall receive a maximum retirement allowance of one and one-fourth per cent of the average final compensation multiplied by the number of years of credited service unreduced for age. [L 1984, c 108, pt of §8; am L 1997, c 212, §6; am L 2001, c 101, §4; am L 2002, c 128, §11; am L 2006, c 185, §3; am L 2009, c 121, §5; am L 2017, c 17, §7]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-285 Service-connected disability retirement.

§88-285 Service-connected disability retirement.
A member who would be eligible to receive a service-connected disability retirement allowance pursuant to section 88-79 shall receive a maximum retirement allowance of thirty-five per cent of the member's average final compensation. [L 1984, c 108, pt of §8; am L 2001, c 101, §5; am L 2004, c 179, §28; am L 2005, c 58, §20]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-332 Service retirement allowance.

§88-332 Service retirement allowance.
(a) Upon retirement from service, a class H member who became a member before July 1, 2012, shall receive a maximum retirement allowance as follows:
(1) If the member has met the requirements in section 88-331(a), (b), or (d), a maximum retirement allowance of two per cent of the average final compensation multiplied by the number of years of class H credited service, plus a retirement allowance at the rate of one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service; or
(2) If the member has met the requirements in section 88-331(c), an early retirement allowance equal to the maximum retirement allowance calculated as provided in paragraph (1), reduced by 0.4166 per cent for each month the member is less than age sixty-two at retirement.
(b) Upon retirement from service, a class H member who becomes a member after June 30, 2012, shall receive a maximum retirement allowance as follows:
(1) If the member has met the requirements in section 88-331(a), (b), or (d), a maximum retirement allowance of one and three-fourths per cent of the average final compensation multiplied by the number of years of class H credited service, plus a retirement allowance at the rate of one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service; or
(2) If the member has met the requirements in section 88-331(c), an early retirement allowance equal to the maximum retirement allowance calculated as provided in paragraph (1), reduced by 0.4166 per cent for each month the member is less than age sixty-five at retirement. [L 2004, c 179, pt of §1; am L 2005, c 58, §26; am L 2011, c 163, §14]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-334 Ordinary disability retirement.

§88-334
Ordinary disability retirement.
(a) Under rules the board of trustees may adopt, upon application of a class H 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 2004, c 179, pt of §1; am L 2007, c 215, §24; am L 2009, c 121, §7; am L 2017, c 17, §9]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-335 Ordinary disability retirement allowance.

§88-335 Ordinary disability retirement allowance.
(a) Upon retirement for ordinary disability, a class H member who became a member before July 1, 2012, shall receive a maximum retirement allowance equal to the higher of either:
(1) Two per cent of the average final compensation multiplied by the number of years of class H credited service unreduced for age, plus one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service unreduced for age; or
(2) Twenty-five per cent of the member's average final compensation.
(b) Upon retirement for ordinary disability, a class H member who becomes a member after June 30, 2012, shall receive a maximum retirement allowance equal to the higher of either:
(1) One and three-fourths per cent of the average final compensation multiplied by the number of years of class H credited service unreduced for age, plus one and one-fourth per cent of the member's average final compensation multiplied by the number of years of class C credited service unreduced for age; or
(2) Twenty-five per cent of the member's average final compensation. [L 2004, c 179, pt of §1; am L 2005, c 58, §28; am L 2012, c 153, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-337 Service-connected disability retirement allowance.

§88-337
Service-connected disability retirement allowance.
Upon retirement for service-connected disability, a class H member shall receive the amount of the member's accumulated contributions and a maximum retirement allowance of thirty-five per cent of the member's average final compensation. [L 2004, c 179, pt of §1; am L 2005, c 58, §29]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-339 Accidental service-connected death benefit

§88-339 Accidental service-connected death benefit
. (a) Under rules the board of trustees may adopt, in the case of an accidental death as determined by the system pursuant to section 88-85.5, there shall be paid to the member's designated beneficiary or to the member's estate the amount of the member's accumulated contributions and there shall be paid in lieu of the ordinary death benefit payable under section 88-338 a pension of one-half of the average final compensation of the member:
(1) To the surviving spouse or reciprocal beneficiary of the member to continue until the surviving spouse or reciprocal beneficiary remarries, marries, or enters into a new reciprocal beneficiary relationship;
(2) If there be no surviving spouse or reciprocal beneficiary, or if the surviving spouse or reciprocal beneficiary dies or remarries, marries, or enters into a new reciprocal beneficiary relationship before any child of the deceased member shall have attained the age of eighteen years, then to the deceased member's child or children under that age, divided in a manner as the system in its discretion shall determine, to continue as a joint and survivor pension of one-half of the deceased member's final compensation until every child dies, or attains that age; or
(3) If there is no surviving spouse or reciprocal beneficiary and no child under the age of eighteen years surviving the deceased member, then to the deceased member's dependent father or dependent mother, as the deceased member shall have nominated by written designation duly acknowledged and filed with the system, or if there is no nomination, then to the deceased member's dependent father or to the deceased member's dependent mother as the system, in its discretion, shall direct to continue for life.
The pension shall be effective on the first day of the month following the member's death, except for the month of December, when benefits shall be effective on the first or last day of the month.
(b) Notwithstanding any other law to the contrary, any condition of impairment of health caused by any disease of the heart, lungs, or respiratory system, resulting in death to a sewer worker shall be presumed to have been suffered in the actual performance of duty at some definite time and place through no wilful negligence on the sewer worker's part, and as a result of the inherent occupational hazard of exposure to and inhalation of smoke, toxic gases, chemical fumes, and other toxic vapors, unless the contrary be shown by competent evidence; provided that the sewer worker shall have passed a physical examination on entry into service or subsequent to entry, which examination failed to reveal any evidence of the condition.
(c) Benefits payable under subsection (a) shall continue through the end of the last month in which the payee is eligible for the benefit. [L 2004, c 179, pt of §1; am L 2005, c 58, §30; am L 2006, c 169, §38; am L 2017, c 17, §11]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-340 Termination of membership.

§88-340 Termination of membership.
Except as otherwise provided by section 88-341, any class H 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. Any class H member who withdraws the member's contributions, becomes a retirant, or dies, shall cease to be a member as of the date of withdrawal, retirement, or death. [L 2004, c 179, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-342 Return to service of a former member without vested benefit status.

§88-342 Return to service of a former member without vested benefit status.
(a) When a former class H member who does not have vested benefit status returns to service, the former member shall become a member in the same manner and under the same conditions as anyone first entering service and, except as provided in subsection (b), to be eligible for any benefit, the member shall fulfill the membership service requirements for the benefit through membership service after again becoming a member in addition to meeting any other eligibility requirement established for the benefit; provided that the membership service requirement shall be exclusive of any former service acquired in accordance with section 88-324 or any other section in part II, VII, or VIII.
(b) When a former class H member who does not have vested benefit status but who did not withdraw the former member's accumulated contributions returns to service, the member shall be credited with service credit for the service the member had when the member terminated employment and the member's new and previous accumulated contributions shall be combined. [L 2004, c 179, pt of §1; am L 2007, c 215, §27]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-343 Return to service of a former member who has vested benefit status.

§88-343 Return to service of a former member who has vested benefit status.
If a former class H member who has a vested benefit status as provided in section 88-341(b) returns to service before the former member's retirement, the former member shall again become a member and shall contribute for membership service as provided by the law in effect during the member's reenrolled period of membership, and the former member shall be credited with service credit for the service the member had when the member terminated employment and the member's new and previous accumulated contributions shall be combined. [L 2004, c 179, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-301 Applicability.

§88-301 Applicability.
The following provisions of part II of this chapter shall apply to this part:
(1) Subpart A;
(2) Subpart B, except sections 88-45, 88-46, 88-48, 88-52, 88-59, 88-59.5, 88-61, and 88-62;
(3) Subpart C, except sections 88-71, 88-72, 88-73, 88-74, 88-74.6, 88-75, 88-76, 88-79, 88-80, 88-83, 88-84, 88-85, 88-88, 88-96, 88-97, and 88-98;
(4) Subpart D; and
(5) Subpart E. [L 2004, c 179, pt of §1; am L 2006, c 169, §31; am L 2007, c 215, §21; am L 2008, c 47, §11]
Note
Section 88-72 referred to in paragraph (3) is repealed.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88D. Tax Deferred Compensation Plans for Public Employees › 88D-1 Definitions.

§88D-1 Definitions.
As used in this chapter, unless the context clearly indicates otherwise:
"Employee" shall have the same meaning as defined in section 76-11.
"Jurisdiction" shall have the same meaning as defined in section 76-11.
"Special pay plan" means a governmental retirement plan that meets the requirements of sections 401(a) and 414(d) of the Internal Revenue Code, and which may be a qualified pick-up plan under section 414(h)(2) of the Internal Revenue Code. [L 2003, c 109, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88D. Tax Deferred Compensation Plans for Public Employees › 88D-2 Special pay plan; authority established; participation.

§88D-2 Special pay plan; authority established; participation.
(a) Each jurisdiction may establish a special pay plan for its employees.
(b) Eligibility and participation in a special pay plan shall be determined by each jurisdiction; provided that the plan shall be:
(1) In accordance with chapter 89, for employees subject to a collective bargaining agreement; and
(2) Mandatory for employees not subject to a collective bargaining agreement employed in a jurisdiction that has elected to establish a special pay plan. [L 2003, c 109, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88D. Tax Deferred Compensation Plans for Public Employees › 88D-3 Special pay plans; implementation.

§88D-3 Special pay plans; implementation.
(a) All accumulated vacation allowance of an employee who separates from service in a jurisdiction that has established a special pay plan shall be paid to the special pay plan.
(b) The employer shall pick up any mandatory employee contribution of accumulated vacation allowance to the special pay plan within the meaning of section 414(h)(2) of the Internal Revenue Code.
(c) No employee shall have the option of receiving their accumulated vacation allowance in cash in lieu of having a contribution made to the special pay plan by their employer.
(d) The employer shall reimburse employees under the age of fifty-five who elect a withdrawal of their entire account balance from the special pay plan within sixty days from the date that the employee separated from service, an amount equal to the difference between the FICA and medicare tax savings to the employee, and any early withdrawal penalty imposed by the Internal Revenue Service. [L 2003, c 109, pt of §2; am L 2004, c 10, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88D. Tax Deferred Compensation Plans for Public Employees › 88D-4 Administration of a special pay plan.

§88D-4 Administration of a special pay plan.
(a) Each jurisdiction that establishes a special pay plan shall be responsible for the administration of the plan.
(b) Each jurisdiction, individually or jointly with other jurisdictions, may contract the services of a special pay plan provider to administer the respective jurisdiction or jurisdictions' special pay plan. Each jurisdiction may adopt rules in accordance with chapter 91, and federal and state law, to effectuate the administration of the special pay plan. [L 2003, c 109, pt of §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88D. Tax Deferred Compensation Plans for Public Employees › 88D-5 Costs of a special pay plan.

§88D-5 Costs of a special pay plan.
Costs associated with the implementation and administration of a special pay plan established pursuant to this chapter shall be borne by the selected plan provider. [L 2003, c 109, pt of §2]