reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-2 Minimum pension.

§88-2 Minimum pension.
Every pension of less than $50 per month payable under or pursuant to any law of the State by the State or by any county or independent public board or commission, other than benefits payable to members of the employees' retirement system or to the dependents or beneficiaries of members under parts II, VII, and VIII, shall be increased to $50 per month, any provision in any other law to the contrary notwithstanding; provided that where the dependents of a deceased pensioner are receiving pensions by reason of the pensioner's death, the total only of all amounts paid to the dependents shall be so increased.
The council of each county, and each independent board or commission affected, shall appropriate the funds necessary to pay the increases hereby allowed of pensions payable by their respective counties, boards and commissions. Sufficient funds to cover these increases hereby allowed of pensions payable by the State are hereby appropriated from the general revenues of the State not otherwise appropriated, and the state comptroller shall issue warrants to pay these increases. [L 1943, c 143, § §1, 2; RL 1945, §6191; am L 1949, c 250, §1; RL 1955, §6-3; am L 1957, c 152, §1; HRS §88-2; am L 1969, c 110, pt of §1 and c 127, §31; gen ch 1985; am L 2006, c 169, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-3 Payment on death of pensioner.

§88-3 Payment on death of pensioner.
Whenever any person receiving a pension from the State or from any county thereof dies, the amount next payable shall be prorated from the last payment date up to and including the date of death, and the prorated amount shall be paid to the person who may have been designated by the pensioner during the pensioner's lifetime in a statement filed with the officer charged with payment of the pension, or if no such designation has been made and filed, the prorated amount shall be paid to the personal representative of the estate of the pensioner; provided that:
(1) Effective January 1, 2003, whenever a person receiving a pension from the system dies, the full monthly pension for the month in which the pensioner died, less any portion of the pension paid to the pensioner, shall be payable to the person who may have been designated by the pensioner during the pensioner's lifetime in a statement filed with the officer charged with the payment of the pension, or if no such designation has been made and filed, the prorated amount shall be paid to the personal representative of the estate of the pensioner; and
(2) Effective July 1, 2003, whenever a person receiving a pension from the system dies, the full monthly pension for the month in which the pensioner died shall be payable to the pensioner. [L 1931, c 172, §1; RL 1935, §7917; am L 1941, c 178, §1; RL 1945, §633; RL 1955, §6-2; HRS §88-3; am L 1969, c 110, pt of §1; am L 1976, c 200, pt of §1; gen ch 1985; am L 2002, c 128, §1; am L 2003, c 118, §1]
Case Notes
Statute has no application to controversy over money due pensioner accruing prior to last payment date preceding death. 34 H. 667.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-4 Medical aid, etc., when free.

§88-4 Medical aid, etc., when free.
Every recipient of any retirement allowance or pension payable by the State or by any county or by any other governmental body or agency created by or under the laws of the State who is actually and solely dependent upon the recipient's retirement allowance or pension for the recipient's maintenance and support or whose total income in whatever form or from whatever source received, including but not limited to, the recipient's retirement allowance or pension and any income of the recipient's spouse or reciprocal beneficiary is less than $2,400 a year shall, for the recipient and the recipient's spouse or reciprocal beneficiary, be entitled to free medical treatment from any government physician employed by the State or any county and to free hospitalization at any state hospital or at a hospital where county patients are treated at county expense in the county wherein the recipient resides.
Whenever a retirant or pensioner having a spouse or reciprocal beneficiary dies, then the spouse or reciprocal beneficiary, as long as the spouse or reciprocal beneficiary remains unmarried and does not enter into a reciprocal beneficiary relationship, shall be eligible for benefits under this section. [L 1937, c 90, §1; RL 1945, §634; RL 1955, §6-4; am L 1964, c 64, §2; am L 1965, c 260, §1; HRS §88-4; am L 1969, c 110, pt of §1; gen ch 1985; am L 1997, c 383, §26]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-5 List of pensioners, who shall provide.

§88-5 List of pensioners, who shall provide.
The proper department of each county shall determine who is entitled to benefits under section 88-4 and shall provide to any government physician employed by the State or any county, and any county hospital or a hospital where county patients are treated at county expense in the county wherein the pensioner or beneficiary resides, a current list of pensioners and their [spouses] or reciprocal beneficiaries who are entitled to benefits under section 88-4. Upon request, the state retirement system shall provide to the proper departments of each county such information as may be required to administer section 88-4. [L 1965, c 260, §2; Supp, §6-4.1; HRS §88-5; am L 1969, c 110, pt of §1; am L 1997, c 383, §27]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-7 County pensioners; post retirement allowance.

§88-7 County pensioners; post retirement allowance.
Any other provision of this chapter to the contrary notwithstanding, the council of each county, and each independent board or commission affected, shall appropriate the funds necessary to pay the post retirement allowance payable by their respective counties, boards, and commissions in accordance with section 88-90. [L 1973, c 168, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-8 University of Hawaii optional retirement system.

§88-8
University of Hawaii optional retirement system.
(a) Notwithstanding any other law to the contrary, the board of regents may establish without regard to the public notice or public hearing requirements of chapter 91, a retirement system separate from the state employees' retirement system to provide retirement allowances and other benefits for University of Hawaii employees who are:
(1) Members of bargaining unit (7); or
(2) Other employees of the University of Hawaii or the community college system who are excluded from bargaining unit (7) pursuant to chapter 89.
(b) The general administration and the responsibility for the proper operation of the optional retirement system of the University of Hawaii shall be vested in the board of regents. The board of regents may manage the optional retirement system within the University of Hawaii or contract for the management of the optional retirement system.
(c) The board of regents may establish vesting periods for the members of the optional retirement system of the University of Hawaii that are different from those established in this chapter.
(d) The board of regents may establish retirement allowances and other benefits for the optional retirement system of the University of Hawaii.
(e) The employer's share of the cost of the optional retirement plan of the optional retirement system of the University of Hawaii shall not exceed the equivalent amount for any other group covered by this chapter.
(f) Any member of the state employees' retirement system when the optional retirement system of the University of Hawaii is established who is also:
(1) A member of bargaining unit (7); or
(2) Other employees of the University of Hawaii or the community college system who are excluded from bargaining unit (7) pursuant to chapter 89,
shall remain a member of the state employees' retirement system unless the person elects in writing on a form prescribed by the board of regents to terminate the person's membership. The form shall be submitted to the state employees' retirement system no later than ninety days after the establishment of the optional retirement system of the University of Hawaii.
(g) Any person hired after the establishment of the optional retirement system of the University of Hawaii who is:
(1) A member of bargaining unit (7); or
(2) Other employees of the University of Hawaii or the community college system who are excluded from bargaining unit (7) pursuant to chapter 89,
shall elect to be a member of the state employees' retirement system or the optional retirement system of the University of Hawaii. Upon an election the person may not transfer from one system to the other.
(h) Notwithstanding any other law to the contrary, retirement benefits for the optional retirement system of the University of Hawaii shall be a subject of collective bargaining negotiations for bargaining unit (7). [L 1998, c 115, §3; am L 2004, c 180, § §1, 3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-12 Bonus; requirements, limitations.

§88-12 Bonus; requirements, limitations.
No retirement allowance or pension payable under the employees' retirement system shall be increased by any bonus for any retirant or beneficiary unless the person for whose service the pension is payable has had sufficient service to qualify for the minimum service retirement allowance except as provided in [paragraph] (1) of section 88-11; provided that this provision shall not operate to increase the pension of any person who was receiving a pensioner's bonus on July 1, 1951, without having met the minimum service requirements but such person shall continue to receive the pension the person was receiving on June 30, 1955. [L 1961, c 175, pt of §12; Supp, §6-251; HRS §88-12; am L 1969, c 110, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-13 Bonus; retirants not eligible for.

§88-13 Bonus; retirants not eligible for.
No bonus shall be paid to any person who retires on or after July 1, 1957, and who will receive or who is receiving social security benefits when said benefits are based in whole or in part upon contributions made by the State or any of its political subdivisions. [L 1961, c 175, pt of §12; Supp, §6-252; HRS §88-13; am L 1969, c 110, pt of §1]
Attorney General Opinions
Mere opportunity to secure social security benefits in the future is not ground for disqualification. Words "upon his retirement" mean "at any time during his retirement". Att. Gen. Op. 64-27.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-14 Bonus; authority to pay.

§88-14 Bonus; authority to pay.
The board of trustees of the employees' retirement system shall pay the bonus to pensioners under the system, except those pensioners under the system who are retired employees of the respective counties; the comptroller shall pay the bonus to all state pensioners who are not under the system; and the appropriate officer of each county and each independent board or commission hereby affected, shall pay the bonus granted to pensioners whose pensions are payable by the respective counties, boards, and commissions.
The appropriate officer of each county upon certification to the council by the employees' retirement system of the amounts necessary to meet payments of the bonus to pensioners of the system who are retired employees of the respective counties, shall also remit the amounts to the system. Remittances shall be made not later than December 31 of each year and shall be sufficient for twelve months' payments to the pensioners certified to the council. [L 1961, c 175, pt of §12; am L 1963, c 114, §1; Supp, §6-253; HRS §88-14; am L 1969, c 110, pt of §1; am L 1974, c 220, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-15 Bonus; waiver by veteran.

§88-15 Bonus; waiver by veteran.
Any veteran who may qualify for a nonservice-connected pension through the Department of Veterans Affairs may waive any portion or all of the benefits that the veteran may receive under sections 88-11 to 88-16. [L 1961, c 175, pt of §12; Supp, §6-254; HRS §88-15; am L 1969, c 110, pt of §1; gen ch 1985; am L 2017, c 12, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-16 Bonus; appropriation.

§88-16 Bonus; appropriation.
Sufficient funds shall be appropriated to the employees' retirement system from the general revenues of the State not otherwise appropriated, to pay the bonus to all pensioners under the system except those pensioners who are retired employees of the respective counties. Sufficient funds shall be appropriated to the state department or agency hereby affected from the general revenues of the State not otherwise appropriated, to pay the bonus to those state pensioners not under the system. The council of each county, and each independent board or commission affected shall appropriate the funds to pay the bonus to pensioners whose pensions are payable by their respective counties, boards, and commissions as well as to pensioners of the employees' retirement system who are retired employees of their respective counties. [L 1961, c 175, pt of §13; am L 1963, c 114, §1; Supp, pt of §6-255; pt of HRS §88-16; am L 1969, c 110, pt of §1; am L 1974, c 220, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-17 Bonus payment; limitation.

§88-17 Bonus payment; limitation.
No bonus shall be payable to any person retiring after June 30, 1971; provided that this limitation shall not apply to bonus payments for retired patient employees receiving a pension under chapter 326. Such patient employees including those who retired after June 30, 1971, and prior to July 1, 1976, may continue to receive bonus payments authorized under section 88-11. [L 1961, c 175, pt of §13; Supp, pt of §6-255; pt of HRS §88-16; am L 1969, c 110, pt of §1; am L 1976, c 139, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-22 System established; name.

§88-22 System established; name.
There shall be a retirement system for the purpose of providing retirement allowances and other benefits for employees. It shall have the powers and privileges of a corporation and shall be known as the "Employees' Retirement System of the State of Hawaii" and by that name may sue or be sued, transact all of its business, invest all of its funds, and hold all of its cash and securities and other property. [L 1925, c 55, §2; am imp L 1927, c 251, § §1, 2, 5; RL 1935, §7921; am L 1935, c 48, §3; RL 1945, §702; RL 1955, §6-21; HRS §88-22; am L 1969, c 110, pt of §1]
Case Notes
Where no showing that board's failure to authorize and pursue appeal would precipitate crisis in system's operations or jeopardize system's corporate existence, system's purported administrator could not initiate appeal on system's behalf under exception to general rule that only corporation's board possesses authority to control corporation's litigation. 87 H. 152, 952 P.2d 1215.
Mentioned: 74 H. 181, 840 P.2d 367.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-23 General administration of system vested in board.

§88-23 General administration of system vested in board.
The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of this part and parts VII and VIII are vested in a board of trustees; subject, however, to the area of administrative control vested in the department of budget and finance by sections 26-8 and 26-35. To fulfill its responsibilities, the system may require any department or agency of the State or counties to furnish information to the system to carry out the purposes of this chapter. [L 1925, c 55, §5(1); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-60; HRS §88-23; am L 1969, c 110, pt of §1; am L 1982, c 165, §2(1); am L 1984, c 108, §1; am L 2002, c 128, §3; am L 2005, c 58, §3]
Case Notes
Powers and duties of board are functionally equivalent to those of board of directors of a private corporation and limited only by "the areas of administrative control" reserved to the department of budget and finance by § §26-8 and 26-35. 87 H. 152, 952 P.2d 1215.
Where no showing that board's failure to authorize and pursue appeal would precipitate crisis in system's operations or jeopardize system's corporate existence, system's purported administrator could not initiate appeal on system's behalf under exception to general rule that only corporation's board possesses authority to control corporation's litigation. 87 H. 152, 952 P.2d 1215.
Without express authorization of employees' retirement system board, attorney general lacked power to file appeal on board's behalf from circuit court's final order; where attorney general perceived conflict of interest with board, attorney general was ethically obligated to recommend retention of other counsel to represent board and take other appropriate action. 87 H. 152, 952 P.2d 1215.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-24 Composition of board.

§88-24 Composition of board.
The board of trustees shall consist of eight members as follows:
(1) The director of finance of the State, ex officio;
(2) Four members of the system, two of whom shall be general employees, one of whom shall be a teacher, and one of whom shall be a retirant to be elected by the members and retirants of the system under rules adopted by the board governing the election to serve for terms of six years each, one of the terms to expire on January 1 of each even-numbered year; provided that, if after the close of filing of petitions for candidacy, a member is unopposed for election to a trustee position, the member shall be deemed and declared to be duly and legally elected to the position of trustee without an election; and
(3) Three citizens of the State who are not employees, two of whom shall have at least three years of experience providing financial services, including investments, to public, corporate, or private institutional clients, to be appointed by the governor, with the advice and consent of the senate, to serve for a term of six years each, one of the terms to expire January 1 of each odd-numbered year.
Each trustee shall serve until the trustee's successor is elected or appointed, as the case may be, and qualified. For the purpose of this section, the term "general employees" includes police officers and firefighters. [L 1925, c 55, §5(2); RL 1935, pt of §7924; RL 1945, pt of §707; am L 1947, c 85, §1(b); am L 1951, c 93, §1; RL 1955, §6-61; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §88-24; am L 1969, c 110, pt of §1; am L 1978, c 83, §1; am L 1982, c 165, §2(2); gen ch 1985; am L 1990, c 142, §1; am L 1993, c 349, §1; am L 2012, c 72, §1]
Cross References
Gubernatorial appointments, see §26-34.
Attorney General Opinions
Trustee holding over will be a de jure, not merely a de facto, officer. Att. Gen. Op. 73-7.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-25 Vacancy.

§88-25 Vacancy.
If a vacancy occurs in the office of trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled, except in the case of the trustees elected by the members, in which case the vacancy may be filled for the unexpired term by the appointment of a member by the remaining trustees of the board of trustees. [L 1925, c 55, §5(3); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-62; HRS §88-25; am L 1969, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-26 Expenses of trustees.

§88-26 Expenses of trustees.
The trustees shall serve without compensation but they shall be reimbursed from the expense fund for all necessary expenses and for any loss of salary or wages they may suffer through serving the board of trustees. [L 1925, c 55, §5(4); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-63; HRS §88-26; am L 1969, c 110, pt of §1]
Case Notes
Mentioned: 74 H. 181, 840 P.2d 367.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-27 Oath of trustees.

§88-27 Oath of trustees.
Each trustee shall, within ten days after the trustee's appointment or election, take an oath of office that, so far as it devolves upon the trustee, the trustee will diligently and honestly administer the affairs of the board of trustees, and that the trustee will not knowingly violate or willingly permit to be violated any of the provisions of law applicable to the system. The oath shall be subscribed to by the member making it and certified by the officer before whom it is taken and shall be immediately filed in the office of the lieutenant governor. [L 1925, c 55, §5(5); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-64; am L Sp 1959 2d, c 1, §9; HRS §88-27; am L 1969, c 110, pt of §1; gen ch 1985]
Case Notes
Employees' retirement system (ERS) board of trustee's contention that no statute in chapter 88 provides that ERS owes a duty to individual members to provide individual notice and counseling, particularly absent a request for information was incorrect where, reading §88-127 and this section in para materia, the ERS board is charged with the duty to diligently and honestly administer all funds held in trust for the exclusive use and benefit of the system and for the members of the system. 108 H. 338, 120 P.3d 237.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-27.5 Closed meetings of the board; authorized.

§88-27.5 Closed meetings of the board; authorized.
(a) The board may hold a meeting closed to the public in accordance with the procedures for holding an executive session meeting pursuant to section 92-4 for the following purposes:
(1) To conduct discussions or deliberations relating to, or to make a decision upon, investments or prospective investments by the system that require the consideration of information or records that are exempt from disclosure under chapter 92F, including without limitation information and records that are proprietary information or confidential business information;
(2) To conduct discussions and deliberations or to make decisions relating to procurements that are exempt from chapter 103D to the same extent that the discussion, deliberation, and decision would be required to be conducted or made confidentially if the procurement were subject to chapter 103D; and
(3) To deliberate concerning the authority of persons designated by the board to negotiate investments or the sale of property held by or for the benefit of the system, or during the conduct of such negotiations.
(b) The purposes for which the board may hold a meeting closed to the public pursuant to this section are in addition to the purposes described in section 92-5(a) or any other applicable exemption from part I of chapter 92. [L 2015, c 88, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-28 Voting; rules.

§88-28 Voting; rules.
Each trustee shall be entitled to one vote on the board of trustees. Five concurring votes shall be necessary for a decision by the trustees at any meeting of the board.
Subject to the limitations of this part, the board, from time to time, shall establish rules for the administration of the funds of the system and for the transaction of its business. [L 1925, c 55, §5(6), (7); RL 1935, pt of §7924; RL 1945, pt of §707; am L 1951, c 93, §3; RL 1955, §6-65; HRS §88-28; am L 1969, c 110, pt of §1; am L 1993, c 349, §2]
Attorney General Opinions
An action of the board requires at least four concurring votes, and in the absence of such concurrence the action would be considered lost. Att. Gen. Op. 80-1.
Case Notes
Board's four-to-four tie vote did not constitute a "decision by the trustees"; the tie vote neither authorized nor affirmatively disavowed appeal. 87 H. 152, 952 P.2d 1215.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-29 Officers, employees, legal adviser.

§88-29 Officers, employees, legal adviser.
The board shall elect from its membership a chairperson, and by a majority vote of all its members, shall appoint an executive director and a chief investment officer who shall be exempt from chapter 76 and serve under and at the pleasure of the board. Effective July 1, 2007, the salaries of the executive director and chief investment officer shall be set by the board. The board shall engage actuarial and other services as shall be required to transact the business of the system. The compensation for all services engaged by the board, and all other expenses of the board necessary for the operation of the system, shall be paid at rates and in amounts the board shall approve.
The attorney general or an appointed representative may serve as legal adviser to the board or the board may select its own legal counsel. [L 1925, c 55, §5(8), (11); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-66; HRS §88-29; am L 1969, c 110, pt of §1; am L 1990, c 142, §2; am L 1992, c 39, §1; am L 1999, c 167, §1; am L 2000, c 253, §150; am L 2003, c 118, §2; am L 2007, c 215, §3; am L 2013, c 23, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-29.5 Investment personnel.

§88-29.5 Investment personnel.
The board may, through its executive director, appoint one or more investment officers, under the direction of the chief investment officer, prescribing their duties and qualifications and fixing their salaries, who shall be exempt from chapter 76. [L 2013, c 23, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-30 Actuary.

§88-30 Actuary.
The actuary shall be the technical adviser of the board of trustees on the matters regarding the operation of the funds of the system and shall perform such other duties as are required in connection therewith. [L 1925, c 55, §5(13); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-70; HRS §88-30; am L 1969, c 110, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-31 Medical board.

§88-31 Medical board.
The board shall designate a medical board to be composed of three physicians not eligible to participate in the system. If required, other physicians may be employed to report on special cases. The medical board shall arrange for and pass upon all medical examinations required under this part and parts VII and VIII of this chapter, shall investigate all essential statements and certificates by or on behalf of a member in connection with application for disability retirement, and shall report in writing to the board its conclusions and recommendations upon all the matters referred to it. [L 1925, c 55, §5(12); RL 1935, pt of §7924; RL 1945, pt of §707; RL 1955, §6-68; HRS §88-31; am L 1969, c 110, pt of §1; am L 1984, c 108, §2; am L 2006, c 169, §5]
Attorney General Opinions
Board of trustees, after hearing on appeal from medical board's decision, may overrule any decision or recommendation which the medical board is authorized to make. Att. Gen. Op. 81-8.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-33 Prohibited interest of trustees and employees of board.

§88-33 Prohibited interest of trustees and employees of board.
Except as herein provided, no trustee and no employee of the board of trustees shall have any direct interest in the gains or profits of any investment made by the board, nor as such receive any pay or emolument for the trustee's and employee's services. No trustee or employee of the board shall, directly or indirectly, for oneself or as an agent in any manner use the moneys of the system, except to make such current and necessary payments as are authorized by the board; nor shall any trustee or employee of the board become an indorser or surety or become in any manner an obligor for moneys loaned by or borrowed from the board. [L 1925, c 55, pt of §7; RL 1935, pt of §7926; RL 1945, §711, subs 4; RL 1955, §6-80; HRS §88-32; am L 1969, c 110, pt of §1; gen ch 1985]
Attorney General Opinions
Participation by two trustees in disposition of loan application held to be in conflict of interest. Att. Gen. Op. 64-25.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-41 Limitation of other statutes.

§88-41 Limitation of other statutes.
No other provision in any other statute which provides wholly or partly at the expense of the State or any county for pensions or retirement benefits for employees of the State or of any county, their surviving spouses or other dependents shall apply to members, retirants, or beneficiaries of the system established by this part and parts VII and VIII of this chapter, their surviving spouses or other dependents, except such benefits as may be provided under Title II of the Social Security Act. [L 1925, c 55, pt of §14; RL 1935, §7933; RL 1945, §718; RL 1955, §6-22; am L 1957, c 143, §10; HRS §88-41; am L 1969, c 110, pt of §1; am L 1980, c 8, §1; am L 1984, c 108, §3; am L 2004, c 179, §3]
Attorney General Opinions
Public moneys not to be used for retirement benefits in excess of that provided by law. Att. Gen. Op. 85-1.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-42 Membership generally.

§88-42 Membership generally.
Except as otherwise provided in this part, all employees of the Territory or any county on July 1, 1945, shall be members of the system on that date, and all persons who thereafter enter or reenter the service of the State or any county shall become members at the time of their entry or reentry.
Per diem workers shall become eligible for membership on January 1, 1952, and all persons who are employed as per diem workers after December 31, 1951, shall become members of the system. Any person who was a per diem worker before January 1, 1952, so long as the person is employed as a per diem worker, shall not be required to become a member or to remain a member if the person has elected before October 2, 1953, to withdraw as a member.
Members of the legislature shall become eligible for membership on July 1, 1951. Any member of the legislature in service on July 1, 1951, or thereafter entering the legislature, shall become a member or elect to be excluded from membership in the system as provided in section 88-42.6. [L 1925, c 55, §3(1); am L 1927, c 223, §1; am imp L 1927, c 251, § §1, 2, 5; am imp L 1929, c 190, §1; RL 1935, §7922; RL 1945, pt of §703; am L 1945, c 73, pt of §1(b); am L 1951, c 110, §1(b); am L 1953, c 37, §1(c); RL 1955, pt of §6-23; HRS §88-42; am L 1969, c 110, pt of §1; gen ch 1993; am L 2008, c 47, §4]
Attorney General Opinions
A retired government employee who accepts reemployment may not receive the retiree's retirement allowance during the retiree's reemployment period. Att. Gen. Op. 66-26.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-42.5 Membership of employees holding more than one position, appointment, or office.

§88-42.5 Membership of employees holding more than one position, appointment, or office.
(a) The membership of any employee holding more than one full-time position, appointment, office, or any combination thereof shall be limited to the position, appointment, or office of the employee's option; provided that the employment in the position, appointment, or office shall meet the minimum membership eligibility requirements as provided in this part. Any contributions made based on the compensation, pay, or salary of the employee's position, appointment, or office other than that on which the employee's membership is based shall be returned to the employee.
The foregoing shall not apply to any employee holding two part-time positions of the same class if each position meets the minimum eligibility requirements for membership, and the sum total of the compensation, pay, or salary received for both positions does not exceed the higher of the full-time compensation, pay, or salary for either position.
(b) The membership of any faculty member or lecturer of the University of Hawaii with multiple part-time appointments or positions shall be based on an aggregate of all such part-time faculty or lecturer appointments or positions not to exceed one full-time position. For the purposes of this chapter, the sum total of the compensation, pay, or salary received from the positions shall not exceed an amount equal to the highest of the full-time compensation, pay, or salary for any one of the part-time appointments or positions.
Notwithstanding any other law to the contrary, with respect to any existing or former faculty member, lecturer, or administrative, professional, or technical employee of the University of Hawaii who holds or held multiple part-time appointments or positions prior to July 1, 2003, and who was reported by the University of Hawaii to the system as eligible for membership in the system, the system shall not adjust its records for, or reduce the benefits of, such faculty member, lecturer, or administrative, professional, or technical employee by reason of the failure of such faculty member, lecturer, or administrative, professional, or technical employee to meet the system membership eligibility requirements without the aggregation of multiple part-time appointments or positions. [L 1982, c 165, §2(10); am L 2003, c 119, §2]
Attorney General Opinions
Intent is to limit employees' retirement system membership to one full-time position. Att. Gen. Op. 85-10.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-42.6 Membership of elective officers.

§88-42.6 Membership of elective officers.
(a) An elective officer shall be a member of the employees' retirement system; provided that an elective officer shall have a one-time election to be excluded from membership in the employees' retirement system.
(b) Unless the elective officer is a member of the system, a former member of the system, or a retirant, an elective officer shall make the election to be excluded from membership in the system no later than thirty days following the elective officer's taking office. The election shall be irrevocable. If the elective officer fails to make an election to be excluded from membership in the system within the period allowed for making the election, the elective officer shall become a member effective as of the date the elective officer takes office.
(c) Notwithstanding section 88-21, 88-98, 88-273(c), or 88-344, or any other law to the contrary, the retirement allowance of a retirant who returns to service as an elective officer shall not be suspended if the retirant:
(1) Retired pursuant to section 88-73(d); or
(2) Has been retired for at least twelve consecutive months prior to return to service and elects to have the retirement allowance continue. The election whether or not to have the retirant's retirement allowance continue shall be irrevocable and shall be made no later than thirty days following the retirant's first return to service as an elective officer.
If the retirant's retirement allowance is not suspended, the retirant shall not become a member of the system and shall not earn additional service credit or gain any additional retirement benefits.
(d) An elective officer who retired pursuant to section 88-73(d) shall not be eligible for membership in the system while serving as an elective officer. [L 2008, c 47, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-43 Persons ineligible for membership.

§88-43 Persons ineligible for membership.
Except with respect to faculty members or lecturers employed on one or more campuses of the University of Hawaii who hold multiple part-time appointments or positions, in such capacities, any of which may be less than one-half of a full-time equivalent but all of which, when added together, aggregate to at least one-half of a full-time equivalent position, the board may deny membership to any class of part-time employees or persons engaged in temporary employment of three months or less; provided that no officer or employee entering service after January 1, 1928, who is entitled to become a member of any pension system under part III shall be entitled to become a member of the system. [L 1925, c 55, §3(3); am imp L 1927, c 251, § §1, 2, 5; am imp L 1929, c 190, §1; RL 1935, pt of §7922; RL 1945, pt of §703; am L 1955, c 141, §1(c); RL 1955, §6-25; am L 1961, c 181, §2; HRS §88-43; am L 1969, c 110, pt of §1; am L 2003, c 119, §3; am L 2008, c 47, §5]
Case Notes
Per diem employees are included in class of part-time employees to whom agency may deny membership in the system under this section and its implementing administrative rule. Because at least portions of plaintiff's time as per diem judge fell within categories specified in the rule, agency correctly determined that plaintiff did not qualify for full-time credited service under the retirement law. 75 H. 42, 856 P.2d 1227.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-44 Enrollment.

§88-44 Enrollment.
Upon entering or reentering service, an employee shall file with the board such information as the board of trustees may require for enrollment and administrative purposes including a designation of a person or persons to receive any benefit that may be payable in the event of the employee's death.
An employee becoming a member of the system shall also present at such time and in such form as the board prescribes, evidence of the employee's date of birth. No statement or record of age or birth made or presented by a member of the system may be impeached by the member or the member's successors in interest. [L 1941, c 225, §1; RL 1945, §706; RL 1955, §6-27; am L 1963, c 127, §1; HRS §88-44; am L 1969, c 110, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-45 Employee contributions.

§88-45
Employee contributions.
After June 30, 1988, each class A and class B member shall contribute seven and eight-tenths per cent of the member's compensation to the annuity savings fund; provided that after June 30, 1989, all firefighters, police officers, corrections officers, investigators of the departments of the prosecuting attorney and of the attorney general, narcotics enforcement investigators, water safety officers not making the election under section 88-271, and law enforcement investigations staff investigators shall contribute twelve and two-tenths per cent of their compensation to the annuity savings fund for service in that capacity; provided further that each class A and class B member who becomes a member after June 30, 2012, shall contribute nine and eight-tenths per cent of the member's compensation to the annuity savings fund; provided further that all firefighters, police officers, corrections officers, investigators of the departments of the prosecuting attorney and of the attorney general, narcotics enforcement investigators, and law enforcement investigations staff investigators who become members after June 30, 2012, shall contribute fourteen and two-tenths per cent of their compensation to the annuity savings fund for service in that capacity. [L 1925, c 55, pt of §8; RL 1935, pt of §7927; RL 1945, pt of §712, subs 1; RL 1955, §6-82; am L 1957, c 231, §1(e); am L 1961, c 175, § §5, 10 and c 181, §6; am L 1964, c 62, §10; am L 1965, c 222, §13; am L 1967, c 130, §3; HRS §88-45; am L 1969, c 110, pt of §1; am L 1970, c 113, §2; am L 1973, c 179, §27; am L 1982, c 165, §2(4); am L 1984, c 108, §4; gen ch 1985; am L 1988, c 41, §1; am L 1989, c 343, §2; am L 1990, c 141, §1; am L 1993, c 357, §1(2); am L 1994, c 196, §3 and c 276, §2; am L 2011, c 163, §1; am L 2022, c 278, §17]
Cross References
Contribution rate reduction, see §88-59.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-45.4 Contributions for unpaid leaves of absence. Contributions required as a condition to inclusion in membership service of unpaid leaves of absence shall be made by the member within one year after return from the leave of absence. [L 2015, c 86, §2] Revision Note Section was enacted as an addition to subpart A but was codified to this subpart pursuant to §23G-15.

§88-45.4
Contributions for unpaid leaves of absence.
Contributions required as a condition to inclusion in membership service of unpaid leaves of absence shall be made by the member within one year after return from the leave of absence. [L 2015, c 86, §2]
Revision Note
Section was enacted as an addition to subpart A but was codified to this subpart pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-45.5 Acceptance of rollovers and transfers from other plans.

§88-45.5 Acceptance of rollovers and transfers from other plans.
The system may accept an eligible rollover distribution or a direct transfer of funds from:
(1) A tax-qualified retirement plan described in section 401(a) of the Internal Revenue Code of 1986, as amended;
(2) An annuity plan described in section 403(a) of the Internal Revenue Code of 1986, as amended;
(3) An annuity contract described in section 403(b) of the Internal Revenue Code of 1986, as amended;
(4) An individual retirement account described in section 408(a) of the Internal Revenue Code of 1986, as amended;
(5) An individual retirement annuity described in section 408(b) of the Internal Revenue Code of 1986, as amended; or
(6) An eligible deferred compensation plan described in section 457(b) of the Internal Revenue Code of 1986, as amended, that is established and maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state,
in payment of all or a portion of any deposit a member is permitted to make with the system for credit for service, including the conversion of class C credited service to class H credited service. Any rules adopted by the board pursuant to this section shall condition the acceptance of a rollover or transfer from another plan on the receipt from the other plan of information necessary to enable the system to determine the eligibility of any transferred funds for tax-free rollover treatment or tax-free transfer treatment under federal income tax law. [L 2004, c 179, §2; am L 2008, c 41, §4]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-46 Deducting employee contributions from salary and employer pick up of employee contributions.

§88-46 Deducting employee contributions from salary and employer pick up of employee contributions.
(a) The head of each state department and the finance director of each county shall deduct from the compensation of each class A or class B member on each and every payroll under their respective jurisdiction, the percentage of compensation of each member as provided under section 88-45. The total amount of deductions made from the salaries of employees and a record of the amount deducted from each member's compensation shall be transmitted to the system monthly or at such other times as may be agreed upon by the board of trustees. The amounts deducted shall be paid into the annuity savings fund and shall be credited to the individual account of the member from whose compensation the deductions were made. Regular interest shall also be credited to the individual account of the member in the annuity savings fund.
(b) The State and each county, pursuant to section 414(h)(2) of the federal Internal Revenue Code of 1986, as amended, shall pick up and pay the contributions which would otherwise be payable by each class A or class B member, including contributions designated by the member relating to the acquisition of membership service as provided under section 88-59, from compensation paid after December 31, 1987. The contributions so picked up shall be treated as employer contributions for the purpose of determining the amount of federal income tax to withhold from each class A or class B member's compensation.
(c) Member contributions picked up by the employer shall be paid from the same source of funds used for the payment of compensation to a member. A deduction shall be made from each class A or class B member's compensation equal to the amount of the member's contributions picked up by the employer, provided that such deduction shall not reduce the member's compensation for the purpose of computing benefits under this chapter.
(d) Member contributions picked up by the employer shall be transmitted to the system in accordance with subsection (a). Such contributions shall be credited to a separate account within each member's individual account in the annuity savings fund, so that the amount contributed by the member before January 1, 1988, may be distinguished from the member contributions picked up by the employer. Regular interest shall also be credited to the individual account of the member in the annuity savings fund. [L 1925, c 55, pt of §8; am imp L 1927, c 251, §4; RL 1935, pt of §7927; RL 1945, pt of §712, subs 1; RL 1955, §6-83; am L 1957, c 143, §8; am L 1963, c 127, §16; am L 1964, c 62, §11; HRS §88-46; am L 1969, c 110, pt of §1; am L 1984, c 108, §5; am L 1987, c 115, §1; am L 1988, c 41, §2; am L 1997, c 213, §1]
Attorney General Opinions
Member must have made contributions in order to have pay included as part of average final compensation. Att. Gen. Op. 85-10.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-46.6 Erroneous contributions from compensation of class C members; contributions from overpaid compensation.

§88-46.6 Erroneous contributions from compensation of class C members; contributions from overpaid compensation.
Regular interest shall be credited to a class C member on any deductions erroneously made from the compensation of the member and paid into the annuity savings fund. The interest shall continue until the earlier of:
(1) Refund of the deductions to the member; or
(2) Return of the deductions to the member's employer.
The foregoing shall not require the payment of interest on deductions made from any amounts that exceed the compensation to which a member is entitled. [L 2007, c 215, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-48 Deduction in class A member's account.

§88-48 Deduction in class A member's account.
An amount equal to the taxes under the Federal Insurance Contributions Act payable by a class A member for the period beginning January 1, 1956, and ending on the date class A membership is obtained, shall be deducted from the class A member's account in the system. Any member may elect to contribute to the system an amount equal to the taxes so deducted, which amount shall be credited to the member's account. [L 1957, c 143, §9; Supp, §6-83.01; HRS §88-48; am L 1969, c 110, pt of §1; gen ch 1985]