reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-142 Right of amendment or repeal reserved; retroactive effect.

§88-142 Right of amendment or repeal reserved; retroactive effect.
The provisions of sections 88-131 to 88-142 shall not be deemed to constitute a contract with any service member and the legislature reserves the right to amend or repeal the sections at any time as to any benefit or allowance not accrued prior to the time of the amendment or repeal.
The sections shall apply retroactively, as well as prospectively, to all persons entitled to the benefits of the Servicemen's Act. [L 1951, c 262, pt of §3; RL 1955, §6-121; HRS §88-132; am L 1969, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-151 Application.

§88-151 Application.
No member of the police force, fire department, or band who on May 2, 1927, was receiving a pension from the State shall be a beneficiary under this part. This part shall not apply to any police officer, firefighter, or bandsman entering service after December 31, 1927, and no such person or the person's dependent widow, child or children, father or mother, sister or brother, or other relative or dependent shall receive any pension or other benefit under this part. [L 1917, c 220, §9; RL 1925, §2169; am L 1927, c 249, §2; RL 1935, §7912; RL 1945, §6181; RL 1955, §6-130; HRS §88-151; am L 1983, c 124, §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-152 Certain other employees included.

§88-152 Certain other employees included.
Whenever used in this part the term "police force" includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail.
This section shall apply only to county employees in service on December 31, 1927, who, if members of the police force on that date, would be or would have been entitled to membership in one of the pension systems provided for by this part, and who shall have applied to the board of trustees of the pension system in which they are entitled to claim membership under this section before January 1, 1932. No employee who complies with this section shall be held to have waived the employee's right to membership in any such system by reason of the employee's having joined or become a member of the employees' retirement system after December 31, 1927, but the membership in the system shall cease when the person becomes a member of any pension system.
The board of trustees shall pass upon the applications and determine whether or not the applicants are entitled to membership under this section. [L 1931, c 286, § §1, 2; RL 1935, §7913; RL 1945, §6182; RL 1955, §6-131; am L 1963, c 65, §2b; HRS §88-152; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-153 Police officers, firefighters, and bandsmen pension system; trustees, powers.

§88-153 Police officers, firefighters, and bandsmen pension system; trustees, powers.
There shall be in every county a police officers, firefighters, and bandsmen pension system which shall be governed and managed by a board of trustees. In each county the board shall consist of three members, who shall be appointed by the mayor with the approval of the county council in each instance. The terms of office of the trustees first taking office shall expire as designated by the appointing authority at the time of appointment, one after one year of service, one after two years of service, and one after four years of service. The terms of subsequent trustees shall be for four years and until their successors are appointed and qualified except that a person appointed to fill a vacancy caused by death, resignation, or otherwise, occurring prior to the expiration of the term, shall be appointed for the remainder of the term. The appointing authority shall designate one of the trustees as chairperson of the board in each instance. No person shall be eligible for membership or be a member of the board who occupies any elective or appointive office or position under the county government, and no member shall, during the member's term of office, serve as an officer or committee member of any political party organization, or present oneself as candidate or be a candidate for nomination or election to any public office in any primary or general election. The members of the board of trustees shall serve without pay.
The board may take by gift, grant, devise or bequest any money, choses in action, personal property, real estate, or any interest in anything of value, under the name and style of "The board of trustees of the police officers, firefighters, and bandsmen pension system" of the county in which the board shall be created, and hold the same or assign, transfer, or sell the same whenever proper or necessary under and by such name.
Any county that does not have a constituency for this pension system shall be exempt from these requirements. [L 1917, c 220, pts of § §1, 2; RL 1925, pts of § §2161, 2162; RL 1935, pts of § §7903, 7904; am L 1939, c 86, pt of §1; RL 1945, pts of § §6171, 6172; RL 1955, §6-132; am L 1963, c 65, §2d, e, f; am imp L 1967, c 80, §1; HRS §88-153; am L 1983, c 124, §15; gen ch 1985, 1993; am L 1998, c 261, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-154 Officers of the board; duties.

§88-154 Officers of the board; duties.
The county clerk shall ex officio be the secretary of the board of trustees and shall keep in a separate book a true and correct account of the proceedings of the board. The county attorney shall be the legal adviser of the board. The treasurer of the county shall ex officio be the treasurer of the board. The auditor of the county shall audit all accounts of the pension system and shall draw all warrants payable therefrom, which warrants shall be drawn only upon the order of a majority vote of the three members of the board, which order shall be certified to by the chairman and one other member of the board. The treasurer shall collect all moneys belonging to the system, shall have the custody of all its notes, bonds, and other securities, if any, and shall collect the principal and interest of the same, and he shall be liable on his bond as treasurer for the faithful accounting of all moneys and securities which may come into his hands belonging to the system. The treasurer shall, upon the expiration of his term of office, account to the board for all moneys, notes, bonds, and other securities coming into his hands and the proceeds of the same, and turn over to his successor in the office of treasurer all moneys, notes, and other securities belonging to the system remaining in his hands. [L 1917, c 220, pt of §1; RL 1925, pt of §2161; RL 1935, pt of §7903; am L 1939, c 86, pt of §1; RL 1945, pt of §6171; RL 1955, §6-133; am L 1963, c 65, §2c; HRS §88-154]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-155 Medical board.

§88-155 Medical board.
Assisting the board of trustees there shall be a medical board to be composed of three licensed physicians, one of whom shall be the physician for the county, another of whom shall be appointed by the board of trustees, and the third of whom shall be named by agreement of the other two physicians. If for any reason any regular member of the medical board shall be unable to, or in the judgment of the board of trustees may not properly, act in any particular case, the board may designate a substitute to act on the particular case on the medical board. The medical board shall arrange for and pass upon all medical examinations required and shall perform all other services as may be required of it by the board of trustees, pursuant to this part, and shall report in writing to the board of trustees its conclusions and recommendations upon all matters referred to it. The medical board shall act by a majority of its members. [L 1933, c 46, §2; RL 1935, §7906; am L 1939, c 86, §4; RL 1945, §6175; RL 1955, §6-134; HRS §88-155]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-156 Appropriations and expenditure.

§88-156 Appropriations and expenditure.
Annually the council of each county (or the city council in the case of the city and county of Honolulu) shall appropriate out of the general fund of the county the full amount required for each fiscal year to cover the payment of pensions and benefits granted under this part.
The appropriations shall be made so long as it shall be necessary to pay all pensions to persons on the pension rolls of the system as of December 31, 1927, and to pay all pensions which may become payable to or on account of all police officers, firefighters and bandsmen who were in service on December 31, 1927. All the pensioners and police officers, firefighters, and bandsmen shall be entitled to benefits at the full rates.
Expenditure of the appropriations shall be solely for the purposes set forth in this part. [L 1917, c 220, pt of §2; RL 1925, pt of §2162; am L 1927, c 249, §1; RL 1935, pt of §7904; RL 1945, pt of §6172; RL 1955, §6-135; am L 1957, c 66, §1; am L 1963, c 65, §2g; HRS §88-156; am L 1983, c 124, §15]
Revision Note
"Council" substituted for "board of supervisors".
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-157 Use of donations, contributions, gifts, or bequests.

§88-157 Use of donations, contributions, gifts, or bequests.
All moneys received by the board of trustees as donations, contributions, gifts, or bequests to be used for the purposes set forth in this part shall be deposited into a special trust fund to be known as the "Police Officers, Firefighters, and Bandsmen Pension System Trust Fund" to be used for the purposes for which the moneys were received. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-137; am L 1963, c 65, §2i; HRS §88-157; am L 1983, c 124, §15]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-158 Disability retirement benefits.

§88-158 Disability retirement benefits.
Whenever any member of the police force, fire department, or band of any county shall, on examination by the medical board provided for in section 88-155, be found to be disabled physically or mentally because of any injury received or disease contracted while in the performance of the member's duty so as to render necessary the member's retirement from the service on the police force, fire department, or band of the county, then the board of trustees shall authorize a monthly payment to the person from the pension system of a sum equal to not less than one-quarter nor more than three-quarters of the person's average monthly compensation for the ten years (or less, if the person has had less than ten years) of the person's service, as defined in section 88-166, immediately preceding the person's adjudication of disability by the medical board. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-138; am L 1963, c 65, §2b; HRS §88-158; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-159 Reexamination of disability beneficiary; hearing.

§88-159 Reexamination of disability beneficiary; hearing.
After any member of the police force, fire department, or band has been retired upon pension by reason of disability, the board of trustees shall have the right at any time to cause the retired member again to be brought before it and examined by the medical board, and shall also have the right to examine other witnesses for the purpose of discovering whether the disability still continues, and whether the retired member should remain on the pension roll; but the retired member shall be retained on the pension roll until reinstated in the service of the police force, fire department or band, except in case of dismissal or resignation. The retired member shall be entitled to notice, and to be present at the hearing of evidence, shall be permitted to propound any question pertinent or relevant to the matter and shall also have the right to introduce evidence upon the retired member's own behalf. All witnesses so produced shall be examined under oath and any member of the board of trustees is authorized to administer the oath. Should the retired member recover from the retired member's disability and be, in the opinion of the medical board, again fit for active duty, then the member shall again be put on active duty and full pay, and from the time the board of trustees shall decide that the member is fit for active duty, the member shall cease to be entitled to any payments out of the pension system because of disability for which the member was retired. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-139; am L 1963, c 65, §2b; HRS §88-159; gen ch 1985]
Cross References
Hearings, generally, see chapter 91.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-160 Service retirement benefits.

§88-160 Service retirement benefits.
(a) Any member of the police force, fire department, or band who has been in the service of any county as a member of the police force, fire department, or band for twenty years and less than twenty-five years, upon the member's written application to the board of trustees to be retired, shall be retired from the police force, fire department, or band, and the member shall thereafter receive from the pension system a monthly payment equal to forty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement.
(b) Any member of the police force, fire department, or band who has been in the service of the county as a member of the police force, fire department, or band for twenty-five years, upon the member's written application to the board to be retired, shall be retired from the police force, fire department, or band and the member shall thereafter receive from the pension system a monthly payment equal to fifty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement.
(c) Any member of the police force, fire department, or band who has been in the service of the county as a member of the police force, fire department or band for more than twenty-five years, upon the member's written application to the board to be retired, shall be retired from the police force, fire department, or band and the member shall thereafter receive from the pension system a monthly payment equal to fifty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement, plus two per cent for each year in excess of twenty-five years, but not in excess of eighty per cent. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; am L 1953, c 149, §1; RL 1955, §6-140; am L 1963, c 65, §2b; am L 1967, c 131, §1; HRS §88-160; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-161 Dismissal after twenty years' service; pensions.

§88-161 Dismissal after twenty years' service; pensions.
Any member of the police force, fire department or band who is dismissed therefrom for any cause other than for being convicted of a felony, after the member shall have been in actual service for twenty years or more, shall receive from the pension system a monthly payment equal to forty per cent of the average monthly compensation for the ten years of service immediately preceding the member's dismissal. [L 1917, c 220, §7; RL 1925, §2167; am L 1933, c 46, §4; RL 1935, §7910; RL 1945, §6179; RL 1955, §6-141; am L 1963, c 65, §2b; HRS §88-161; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-162 Dismissal after ten years' service; pension.

§88-162 Dismissal after ten years' service; pension.
Any member of the police force, fire department, or band in any county not having a civil service commission, who shall be dismissed from service without cause after the member shall have been in actual service for ten years or more, but not exceeding twenty years and who shall be unable through sickness or other disability to support oneself and one's dependents, shall receive from the pension system a monthly payment equal to twenty-five per cent of the average monthly compensation for the ten years of service immediately preceding the member's dismissal so long as so disabled. [L 1917, c 220, §8; RL 1925, §2168; am L 1933, c 46, §5; RL 1935, §7911; RL 1945, §6180; RL 1955, §6-142; am L 1963, c 65, §2b; HRS §88-162; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-164 Benefits in lieu of other payments.

§88-164 Benefits in lieu of other payments.
The benefits set forth in this part shall be in lieu of any or other compensation payable to a member of a police force, fire department, or band or any of the member's dependents under or on account of chapter 386, or any other claim or demand against the county by whom the member is employed. However, the member of the police force, fire department, or band or the member's dependents may, at the member's or their election, waive the benefit provided for in this part and in lieu thereof claim any compensation or benefits that would otherwise be payable to the member or the member's dependents under chapter 386, or in any manner authorized by law. [L 1917, c 220, pt of §3; am L 1923, c 99, pt of §2; RL 1925, pt of §2163; am L 1929, c 9, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-144; HRS §88-164; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-165 Adjustments of pensions.

§88-165 Adjustments of pensions.
The board of trustees shall have full authority, within the limits set down in this part, to review all pensions previously granted or which are hereafter granted under this part and make adjustments considered fair, reasonable, or necessary. [L 1939, c 86, pt of §3; RL 1945, pt of §6173; RL 1955, §6-145; HRS §88-165]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-166 Computation; service as police officer, firefighter, or bandsman.

§88-166 Computation; service as police officer, firefighter, or bandsman.
To entitle anyone to be retired because of time of service only, the time served by the person upon the regularly constituted police force, fire department, or band on which the person shall then be serving, or of the Territory or the Republic of Hawaii, its predecessor, shall be computed, but all times so served by the person before, as well as after May 2, 1917, shall be included in the computation. No time served by any person as a special police officer or a police officer solely paid by any private person, or as a merchant police officer, shall be considered in computing the length of service of the person in the police force. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-146; HRS §88-166; am L 1983, c 124, §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-167 Computation; prior credits.

§88-167 Computation; prior credits.
The board of trustees of the pension system for each county shall include and take into consideration, when computing the period of service of each member of the pension system to determine the member's eligibility for retirement and also to determine the amount of any pension allowable to the member on such retirement, not only service as a police officer, firefighter, or bandsman in such county, but any other service under the government of the county, for which service the member would be entitled to "prior service credit" or "membership service" as defined in part II, if the member had become a member of the retirement system on January 1, 1928, as a person then in the service of the county.
No additional credit for service other than as a police officer, firefighter, or bandsman, provided for by this section, shall be given to any member of the pension system unless the member shall have, on or before December 31, 1941, applied to the trustees of the pension system upon such forms and in accordance with such rules as the trustees shall prescribe, for the additional service credit.
This section shall apply to persons pensioned before, as well as after, April 30, 1941, but any increase of pension resulting from the additional service credit allowed under this section shall not be retroactive as to pension payments made prior to April 30, 1941. [L 1941, c 133, § §1, 2; RL 1945, §6174; RL 1955, §6-147; am L 1963, c 65, §2b; HRS §88-167; am L 1983, c 124, §15; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-168 Orders, discipline, medical examination, etc.

§88-168 Orders, discipline, medical examination, etc.
Any member of the police force, fire department or band placed on the retired list, except those who have served on the force for twenty years or more and have retired for that reason, shall report for duty to the head of the police force, fire department or band, respectively, from time to time as may be ordered by the board of trustees or may be provided for in the bylaws of the board and shall be subject to the orders and discipline of the head of the police force, fire department, or band, respectively, and shall perform such duties as may be required of the member and for which, in the opinion of the medical board, the member may be fit, and for which the member shall be allowed full pay. For any refusal to obey these orders and for a breach of discipline, the head of the police force, fire department or band, as the case may be, shall report the member at once to the civil service commission in any county having a civil service commission, otherwise to the county council for such action as it may be deemed proper for the good of the service. The member shall be subject to punishment and dismissal in the same manner as those in active service. Any pension the retired member may have received shall cease in case of the retired member's expulsion, and the pension for any refusal to obey orders and all other breaches of discipline as aforesaid shall be subject to whatever orders may be deemed proper by the civil service commission, or the county council as the case may be. The medical board shall make all examinations of the members of the police force, fire department, or band of the county whenever requested by the board of trustees or whenever requested by any member, for the purpose of certifying to the member's physical or mental condition to the board of trustees. [L 1917, c 220, §4; RL 1925, §2164; am L 1933, c 46, §3; RL 1935, §7907; RL 1945, §6176; RL 1955, §6-148; HRS §88-168; gen ch 1985]
Revision Note
"County council" substituted for "board of supervisors".
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-169 Payments of pensions; inalienable.

§88-169 Payments of pensions; inalienable.
If at any time there should not be sufficient money to the credit of the pension system to pay all claims against it in full, claims on account of the death of members of the police force, fire department, or band, shall be paid first in full with as little delay as possible, after which an equal percentage shall be paid upon all other claims to the full extent of the funds on hand until the funds be replenished so as to pay them in full. All pensions shall be paid by the treasurer at the treasurer's office at the same time and in such installments as the members of the police force, fire department, or band are paid. All pensions granted and payable out of the pension system shall be exempt from seizure or levy upon attachment, execution, supplemental process, and all other process whether mesne or final and shall not be subject to sale, assignment, or transfer by any beneficiary. [L 1917, c 220, §5; RL 1925, §2165; RL 1935, §7908; RL 1945, §6177; RL 1955, §6-149; am L 1963, c 65, §2b; HRS §88-169; gen ch 1985]
Case Notes
Lack of assignability is an indication of lack of survival of a cause of action. 34 H. 667.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-170 Forfeiture of pension.

§88-170 Forfeiture of pension.
Whenever any person who has received a pension from the pension system fails to report oneself for examination for duty (unless excused by the board of trustees), or disobeys the requirements of the board in respect to such examination, or fails to perform such duty as may be required of the person if found able to perform such duty, then the board shall order that the pension allowed and paid to the person shall cease permanently or temporarily. [L 1917, c 220, §6; RL 1925, §2166; RL 1935, §7909; RL 1945, §6178; RL 1955, §6-150; am L 1963, c 65, §2b; am L 1967, c 169, §1; HRS §88-170; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-171 Public hearings; notice.

§88-171 Public hearings; notice.
All adjudications by the board of trustees required by this part in connection with applications for pensions, revocations of pensions, or otherwise, shall be made by the board only after public hearings, public notice of which shall be given by the board at least once at least ten days before the date of hearing, and actual notice of which shall be given to the person concerned, if available, which notice shall specifically state that the person interested shall have the right to be present in person or by representative and to be represented by counsel. [L 1933, c 46, §6; RL 1935, §7914; RL 1945, §6183; RL 1955, §6-151; HRS §88-171; am L 1998, c 2, §26]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-181 Pension boards created.

§88-181 Pension boards created.
There shall be a pension board, hereafter referred to as the "board", for each of the counties of the State, with full authority, within the limits prescribed by law, to make investigations necessary to comply with this part and to grant pensions to employees and former employees of their respective counties, who are or were ineligible to the benefits of the employees' retirement system, and are not the recipients or beneficiaries of pensions from the State or any county, or to the widows of the employees. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); am L 1941, c 299, §1; RL 1945, pt of §6184; RL 1955, §6-160; HRS §88-181]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-182 Members: appointment, terms, removals.

§88-182 Members: appointment, terms, removals.
Except in the counties of Hawaii and Maui, each pension board shall consist of five members to be appointed for terms of five years. The original members shall be appointed for staggered terms so that one shall expire on June 30 of each year. All vacancies occurring otherwise than by expiration of the term shall be filled by appointment for the remainder of the unexpired term. One of the members shall be named by the appointing power as chairperson. The members shall be appointed by the mayor, or chairperson of the council of the county, as the case may be, with the approval of the council, and the members may be removed by the appointing power with the approval of the following number of other members of the council: in the city and county of Honolulu, five; in the county of Kauai, three.
The pension board for the county of Maui and the county of Hawaii shall consist of the chairperson of the council of the county, the county auditor, and the county treasurer. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); am L 1943, c 116, § §1, 2; RL 1945, pt of §6184; RL 1955, §6-161; HRS §88-182; am L 1998, c 124, §7]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-183 Qualifications.

§88-183 Qualifications.
Except in the counties of Hawaii and Maui, no person shall be appointed as a member of the pension board unless the person be a registered voter who has resided for five or more years in the county for which appointed; no person shall be eligible for membership or be a member of any such board, who occupies any elective or appointive office or position under any county government; and no member of any of such boards shall, during the term for which the member was appointed, serve as an officer or committee member of any political party or organization, nor shall the member present oneself as a candidate or be a candidate for nomination or election to any public office in any primary or general election during the term. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt of §6184; RL 1955, §6-162; am imp L 1967, c 80, §1; HRS §88-183; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-184 Expenses; appropriations.

§88-184 Expenses; appropriations.
The members of the pension boards shall serve without pay, but the respective county councils shall appropriate annually a sum sufficient to, and shall, defray the necessary expenses of the boards, including moneys required to cover the payment of pensions granted under this part; provided that the board of water supply of the city and county of Honolulu shall annually appropriate sufficient moneys to cover, and there shall be paid from such moneys, pensions granted under this part as a result of employment in the service of the board of water supply. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt of §6184; RL 1955, §6-163; HRS §88-184]
Revision Note
"County councils" substituted for "boards of supervisors or council".
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-185 Assistants; county clerk, attorney, and treasurer.

§88-185 Assistants; county clerk, attorney, and treasurer.
The county clerk shall be the ex officio secretary of the pension board of the clerk's county and shall keep in a separate book a true and correct account of the proceedings of the board. The county attorney shall be the legal advisor of the board of the attorney's county; provided that the board, with the approval of the council of the county, may employ private legal counsel. The county treasurer shall be the ex officio treasurer of the board of the treasurer's county. The county auditor shall audit all accounts of the pension fund of the county and the county auditor shall draw all warrants payable therefrom, which warrants shall be drawn only upon a voucher certified by the chairperson, or acting chairperson, and one other member of the board. The county treasurer shall collect all moneys belonging to the fund, have the custody of all its notes, bonds, and other securities, if any, and collect the principal and interest of the same, and the treasurer shall be liable on the treasurer's bond as treasurer for the faithful accounting of all moneys that may come into the treasurer's hands belonging to the pension fund. The treasurer shall, upon the expiration of the treasurer's term of office, account to the board for all moneys, notes, bonds, and other securities coming into the treasurer's hands and the proceeds of the same, and turn over to the treasurer's successor all moneys, notes, and other securities remaining in the treasurer's hands and belonging to the pension fund. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); am L 1941, c 249, §1; RL 1945, pt of §6184; RL 1955, §6-164; HRS §88-185; am L 1998, c 124, §8]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-186 Meetings.

§88-186 Meetings.
Each pension board shall meet at least once each quarter. No board shall defer action upon any application for a pension beyond the second quarterly meeting following the date of the filing thereof. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt of §6184; am L 1947, c 87, §1; RL 1955, §6-165; HRS §88-186]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-187 Payment, conditions.

§88-187 Payment, conditions.
The pension system shall require as a prerequisite to the payment of a pension to any person:
(1) That the person has attained the age of sixty years or, through accident sustained without the person's fault or negligence in the performance of duty in the person's service for the county, or illness, has become incapable of sustained remunerative work;
(2) That the person, except in case of accident and disability has been in the service and employment of the county for a total period of not less than ten years.
Any employee who had the option to but did not elect to become a member of any retirement system now in effect shall be eligible to receive only fifty per cent of the pension amount otherwise computed under this part. [L 1937, c 237, §2; am L 1939, c 112, pt of §1; am L 1941, c 302, pt of §1; RL 1945, pt of §6185; am L 1949, c 156, §1; RL 1955, §6-166; HRS §88-187; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-188 Additional conditions.

§88-188 Additional conditions.
The pension systems shall further provide, subject to this part, that:
(1) If an employee becomes unable to work before the employee reaches the age of sixty after the employee has had ten or more years of service, the employee may retire, regardless of age, on a disability allowance payable for the remainder of the employee's life or until the employee is able to return to work. The allowance shall be established at nine-tenths of one-seventieth of the employee's average annual salary or compensation during the last ten years of employment by the county multiplied by the number of the employee's years of service.
(2) If an employee prior to May 17, 1937, met with an accident incurred without the employee's fault or negligence in the performance of duty in the employee's service for the county which has rendered the employee incapable of continuing the employee's work the employee may retire on a pension of sixty-six and two-thirds per cent of the employee's average annual salary or compensation during the last ten years or such lesser time as the employee may have been in county employment, for life or until the employee is able to return to service. [L 1937, c 237, §3; RL 1945, §6186; RL 1955, §6-167; HRS §88-188; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-189 Widow's, widower's, and reciprocal beneficiary's pensions.

§88-189 Widow's, widower's, and reciprocal beneficiary's pensions.
The widow and widower or reciprocal beneficiary of any deceased man or woman, who have been previously granted or are found subsequent to his or her death to have been entitled to a pension under this part, or to have had ten or more years of service although he or she had not reached the age of sixty years, shall be eligible for a pension equal to the same amount, including all the bonuses provided in section 88-11, and all other benefits, that the said deceased was receiving or entitled to receive at the time of his or her death, and all future benefits deriving thereto, so long as the widow, widower, or reciprocal beneficiary remains unmarried or has not entered into a new reciprocal beneficiary relationship. [L 1937, c 237, §2; am L 1939, c 112, pt of §1; am L 1941, c 302, pt of §1; RL 1945, pt of §6185; am L 1949, c 156, §1; RL 1955, §6-168; HRS §88-189; am L 1974, c 118, §1(3); am L 1997, c 383, §32]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-190 Amount.

§88-190 Amount.
No pension under this part except an accidental disability pension shall be granted or paid which shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the last ten years of the person's employment by the county, multiplied by the number of years during which the person was in the employment or service of the county; provided notwithstanding any other provisions of this part, and regardless of the computed amount, any person or widow eligible to a pension shall be granted and paid not less than $50 per month. [L 1937, c 237, §4; am L Sp 1941, c 59, §1; RL 1945, §6187; RL 1955, §6-169; HRS §88-190; am L 1969, c 127, §34; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-191 Computation of service.

§88-191 Computation of service.
Whenever the term of ten years is mentioned in this part, each year of the ten years shall be computed by adding together the months of service (including portions of any month, where the full month has not been served, as a full month), and dividing the months by twelve.
"Service" means service in any county, and where the proposed pensioner has service in any other county than the one by which it is proposed that he be pensioned, his service in the other county shall be added to his service in the pensioning county in order to determine his eligibility for or the amount of pension, provided his service in the police department under the sheriff, prior to the creation of the government of the city and county of Honolulu in 1905, shall be included. [L 1941, c 302, pt of §1; RL 1945, §6188; am L Sp 1949, c 58, §1; RL 1955, §6-170; HRS §88-191; am L 1974, c 121, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-192 Examination by physician.

§88-192 Examination by physician.
In connection with the consideration of any application for disability pension or review of the pension granted under this part, any county pension board may refer any applicant or person receiving the pension to any physician receiving a regular monthly salary or fee from the State or any of its political subdivisions for physical examination and report to the board thereon as to the existence or continuance of disability. Any physician to whom the application is referred shall make the necessary physical examination and report the physician's findings and recommendations to the board, but shall neither charge nor receive any fee for the particular examination and report. [L 1937, c 237, §6; am L 1939, c 112, §1(e); RL 1945, §6189; RL 1955, §6-171; HRS §88-192; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-193 Compliance with law required.

§88-193 Compliance with law required.
No pension shall be granted by any county (except under present provisions of law relating to police, firefighters, and bandsmen and under part V) unless the same shall comply with the requirements of this part. [L 1937, c 237, §7; RL 1945, §6190; am imp L 1945, c 264; RL 1955, §6-172; HRS §88-193; am L 1983, c 124, §15]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-201 Pensions eligible.

§88-201 Pensions eligible.
Any provision to the contrary notwithstanding, the pension board of each county may grant pensions to former employees of the county upon the following conditions:
(1) That the former employee was required to, and did, become a member of the employees' retirement system after having been in the service and employment of the county for a period of not less than ten years;
(2) That the former employee has attained the age of sixty years, or through illness or injury sustained without the former employee's fault or negligence in the performance of duty in the former employee's service for the county has become incapable of sustained remunerative work;
(3) That the former employee has ceased to be an employee of such county and is not a member of the system; and
(4) That the former employee is not the recipient or beneficiary of any allowance or benefit from the system or any pension from the State or any county. [L 1945, c 264, §1; RL 1955, §6-180; HRS §88-201; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-202 Restrictions as to personnel.

§88-202 Restrictions as to personnel.
This part shall not apply to any person who is in the service or employment of the State or any county on or after July 1, 1953, but shall apply to per diem workers and former per diem workers who joined the employees' retirement system prior to January 1, 1952. [L 1945, c 264, §3; am L 1947, c 153, §1; am L 1949, c 161, §1; am L 1951, c 65, §1; am L 1955, c 38, §1; RL 1955, §6-181; HRS §88-202]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-203 Limitation of amount.

§88-203 Limitation of amount.
No pension granted under section 88-201 shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the person's last ten years of the person's employment by the county, multiplied by the number of years during which the person was in the employment or service of the county prior to the person's becoming a member of the employees' retirement system. The pension granted to a person who has not attained the age of sixty years but through illness or injury sustained without the person's fault or negligence in the performance of duty in the person's service for the county has become incapable of sustained remunerative work shall be nine-tenths of the amount computed in the manner hereinabove prescribed. [L 1945, c 264, §2; RL 1955, §6-182; HRS §88-203; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-204 County appropriations directed.

§88-204 County appropriations directed.
The respective councils of the several counties shall appropriate annually for each fiscal period a sum sufficient to cover the payment of the pensions granted under this part; provided that the board of water supply of the city and county of Honolulu shall appropriate sufficient funds to cover pensions granted under this part as a result of employment in the service of the board of water supply. [L 1945, c 262, §4; RL 1955, §6-183; HRS §88-204]
Revision Note
The words "boards of supervisors or", preceding "councils", have been deleted.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-213 Division of retirement systems.

§88-213 Division of retirement systems.
The employees' retirement system (or such components thereof as may be established by the governor or the governor's agent pursuant to section 218(d)(6) of the Social Security Act) shall, for the purpose of this chapter, be deemed to constitute two retirement systems as provided in, and in accordance with, section 218(d)(6) one of which is composed of the members of the system who have expressed a desire to be covered under the Social Security Act and the other of which is composed of the members of the system who have not expressed a desire for such coverage. Upon request of the governing body of any political subdivision operating a retirement system, the membership of its retirement system may likewise be divided. [L 1957, c 284, §5; Supp, §6-191.5; HRS §88-213; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-214 Modifications to agreement.

§88-214 Modifications to agreement.
The state agency may enter into such modification or modifications to the agreement as may be necessary to transfer members of the part of a divided retirement system which is composed of the members of the system who have not expressed a desire for coverage under the Social Security Act to the part of the system which is composed of the members who have expressed a desire for the coverage in accordance with section 218(d)(6)(F) of the Social Security Act. [L 1959, c 194, §1; Supp, §6-191.6; HRS §88-214]
Attorney General Opinions
In view of section, not necessary to amend this part to provide coverage for police officers originally excluded; but necessary to modify agreement, following prescribed procedures. Att. Gen. Op. 75-19.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-215 Contributions by state employees.

§88-215 Contributions by state employees.
Every state employee whose services are covered by an agreement entered into under section 88-212 shall be required to pay for the period of the coverage, into the contribution fund established by section 88-224, contributions, with respect to wages (as defined in section 88-211) equal to the amount of the employee tax which would be imposed by the Federal Insurance Contributions Act if the services constituted employment within the meaning of that Act. Such liability shall arise in consideration of the employee's retention in the service of the State, or the employee's entry upon such service, after June 10, 1953. [L 1953, c 217, §4(a); RL 1955, §6-192; am L 1957, c 284, §7; HRS §88-215; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-216 Collection of contributions.

§88-216 Collection of contributions.
The contribution imposed by section 88-215 shall be collected by deducting the amount of the contribution from wages as and when paid. Failure to make the deduction shall not relieve the employee from liability for the contribution. [L 1953, c 217, §4(b); RL 1955, §6-193; HRS §88-216]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-217 Adjustments.

§88-217 Adjustments.
If more or less than the correct amount of the contribution imposed by section 88-215 is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at such times as the state agency shall prescribe. [L 1953, c 217, §4(c); RL 1955, §6-194; HRS §88-217]