reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 27 - MEMBER HOME LOAN PROGRAM › Section 6-27-22 - Prepayment penalty; allowable loan charges

Current through June, 2024
(a) If
				the borrower pays off the entire member home loan balance within one year after
				the date of the note or, when a construction loan is made under the program,
				the date the Notice of Completion was filed with the court, there shall be a
				prepayment penalty of six per cent.
(b) The lender may require the borrower to
				pay all reasonable fees and charges ordinarily charged to and paid by a
				borrower for a loan. However, the lender may not charge the borrower any more
				than the amounts shown below for the following items:
Item
Amount
Loan origination fee
$300 or one per cent of the loan amount, whichever is
							 larger.
Loan origination fee for construction loans and home
							 improvement loans
$300 or two per cent of the loan amount, whichever is
							 larger.
(c)
				The lender may charge a deposit fee when the application is made. The deposit
				shall be credited towards the closing costs if the loan is made. If the loan is
				not made, the deposit shall be returned to the applicant, less any costs
				chargeable to the applicant.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 27 - MEMBER HOME LOAN PROGRAM › Section 6-27-23 - Affidavit of occupancy

Current through June, 2024
Consistent with the purpose of the member home program, every
				  applicant who will reside on the mortgaged property applying for a member home
				  loan shall file with the lender an affidavit stating that:
(1) The applicant will occupy the mortgaged
				property as the applicant's principal home within forty-five days after the
				notice from the contractor or developer that the residence is ready for
				occupancy or within forty-five days after the date of closing of the loan where
				an existing structure of residence is acquired;
(2) The applicant will occupy the residence
				as a principal home for at least one year;
(3) If the applicant fails to comply, any and
				all indebtedness owing by and chargeable to the applicant by way of a mortgage
				loan made on the basis of the application filed in connection with the loan
				shall become immediately due and payable in full, unless for good cause shown,
				the period to occupy is extended by the system in writing.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 27 - MEMBER HOME LOAN PROGRAM › Section 6-27-24 - Sanctions

Current through June, 2024
(a) The applicant shall sign the application
				for a mortgage loan. By doing so, the applicant shall be considered to have
				verified the truth of all statements made in the application. The applicant
				shall be subject to the sanctions of section
				710-1063,
				Hawaii Revised Statutes, for any false statements.
(b) If an applicant or a borrower makes any
				false or untrue statement, intentionally or otherwise, for a mortgage loan, the
				system may, after hearing held in accordance with chapter
				6-23, determine that the applicant or
				borrower shall not be eligible for a mortgage loan for a period up to five
				years after the date the system actually learns of the false or untrue
				statement, or if the system has already purchased the mortgage loan made to the
				applicant or borrower, up to five years after the applicant or borrower has
				made immediate payment in full of all sums secured by the mortgage pursuant to
				this section.
(c) The borrower
				shall be required to make immediate payment in full of all sums secured by the
				mortgage if the borrower breaks any promise for a mortgage or with respect to a
				mortgage loan or makes or has made a false or untrue statement to qualify or be
				eligible for a mortgage loan or with respect to the mortgage loan.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 27 - MEMBER HOME LOAN PROGRAM › Section 6-27-25 - Request for review

Current through June, 2024
(a) An applicant
				for a member home loan may request the board to review or reconsider any
				decision or determination relating to the application, except that the
				applicant's creditworthiness shall be a matter solely for the lender to
				determine.
(b) A borrower under an
				existing member home loan may request the board to review or reconsider any
				decision or determination relating to the loan.
(c) The request shall be in writing, shall be
				filed with the system within sixty days of the decision or determination sought
				to be reviewed, and shall contain a statement of the facts and include copies
				of all documents upon which the applicant or borrower relies in support of the
				request.
(d) The board may request
				the submission of additional information or documents and may request the
				applicant or borrower to appear at a specified place, date and time to submit
				oral testimony in support of the request for review.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 6-28-1 - Purpose

Current through June, 2024
The purpose of this chapter is to establish procedures to
					 comply with sections 401(a)(9) and 401(a)(31) of the Code covering required
					 minimum distributions and direct rollovers, respectively. The procedures have
					 been revised for changes in federal tax law under the Pension Protection Act of
					 2006, as amended by the Worker, Retiree, and Employer Recovery Act of
					 2008.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 1 - GENERAL PROVISIONS › Section 6-28-2 - Definitions

Current through June, 2024
Unless a different meaning is plainly required by context,
					 as used in this chapter:
"Code" means the Internal Revenue Code of 1986, as
					 amended.
"Treasury Regulations" means regulations issued by the
					 Internal Revenue Service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 2 - REQUIRED MINIMUM DISTRIBUTIONS › Section 6-28-3 - Definitions

Current through June, 2024
Unless a different meaning is plainly required by context,
					 as used in this subchapter:
"Designated beneficiary" means the individual who is
					 designated as the beneficiary in accordance with section
					 88-21, HRS, and is
					 the designated beneficiary under section 401(a)(9) of the Code.
"Required beginning date" means April 1 of the calendar
					 year following the later of:
(1) Tlie
				  calendar year in which the member attains age seventy and one-half;
				  or
(2) The calendar year in which
				  the member retires.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 2 - REQUIRED MINIMUM DISTRIBUTIONS › Section 6-28-4 - Good faith compliance with the Code

Current through June, 2024
All benefit distributions shall be administered in
					 accordance with a reasonable good faith interpretation of section 401(a)(9) of
					 the Code.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 2 - REQUIRED MINIMUM DISTRIBUTIONS › Section 6-28-5 - Time of distribution

Current through June, 2024
(a) The member's
				  entire interest shall be distributed to the member no later than the member's
				  required beginning date or the member's entire interest must begin to be
				  distributed to the member no later than the member's required beginning date
				  and must be paid over the life of the member or the lives of the member and a
				  designated beneficiary (or over a period that does not extend beyond the life
				  expectancy of the member or the life expectancy of the member and a designated
				  beneficiary).
(b) If the
				  distribution of the member's interest has begun in accordance with subsection
				  (a) and the member dies before the member's entire interest has been
				  distributed, the remaining portion must be distributed at least as rapidly as
				  under the method of distribution being used to satisfy subsection
				  (a).
(c) If the member dies before
				  distribution of the member's interest has begun under subsection (a), the
				  member's entire interest shall be distributed, or begin to be distributed, no
				  later than as follows:
(1) If the member's
				  surviving spouse is the member's sole designated beneficiary, distributions to
				  the surviving spouse shall begin by December 31 of the calendar year
				  immediately following the calendar year in which the member died, or by
				  December 31 of the calendar year in which the member would have attained age
				  seventy and one-half, if later;
(2)
				  If the member's surviving spouse is not the member's sole designated
				  beneficiary, distributions to the designated beneficiary shall begin by
				  December 31 of the calendar year immediately following the calendar year in
				  which the member died, and shall be paid over the life of such designated
				  beneficiary (or over a period not extending beyond the life expectancy of such
				  beneficiary); or
(3) If there is no
				  designated beneficiary, the member's entire interest shall be distributed by
				  December 31 of the calendar year containing the fifth anniversary of the
				  member's death.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 2 - REQUIRED MINIMUM DISTRIBUTIONS › Section 6-28-8 - Incidental death benefit requirements

Current through June, 2024
If the member's benefit is being distributed in the form of
					 a joint and survivor annuity for the joint lives of the member and a nonspouse
					 beneficiary, annuity payments to be made on or after the member's required
					 beginning date to the designated beneficiary after the member's death must not
					 at any time exceed the applicable percentage of the annuity payment for such
					 period that would have been payable using the table set forth in Q&A-2 of
					 section 1.401(a)(9)-6 of the Treasury Regulations. The applicable percentage is
					 based on the adjusted age difference between the member and beneficiary. The
					 age difference is determined by first calculating the excess of the age of the
					 member over the age of the beneficiary based on their ages on their birthdays
					 in the same calendar year. Then, if the member is younger than age seventy, the
					 age difference determined in the preceding sentence is reduced by the number of
					 years that the member is younger than age seventy in the calendar year that
					 contains the annuity starting date.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 3 - DIRECT ROLLOVERS › Section 6-28-10 - Definitions

Current through June, 2024
Unless a different meaning is plainly required by context,
					 as used in this subchapter:
"Direct rollover" means a payment by the system to the
					 eligible retirement plan specified by the distributee.
"Distributee" means a member or a former member, the
					 surviving spouse of a deceased member, and the current or former spouse of a
					 member who is an alternate payee under a domestic relations order that has been
					 approved by the administrator. Effective July 1, 2010, "distributee" also
					 includes a nonspouse beneficiary of a deceased member. However, a nonspouse
					 beneficiary may make a direct rollover only to an individual retirement account
					 described in section 408(a) of the Code or an individual retirement annuity
					 described in section 408(b) of the Code (including a Roth IRA) that is
					 established on behalf of the nonspouse beneficiary and that will be treated as
					 an inherited IRA pursuant to the provisions of section 402(c)( 11) of the
					 Code.
"Eligible retirement plan" means any of the following
					 accounts or plans to the extent it accepts the distributee's eligible rollover
					 distribution:
(1) A qualified retirement plan described in section 401
					 (a) of the Code;
(2) An individual retirement account described in section
					 408(a) of the Code;
(3) An individual retirement annuity described in section
					 408(b) of the Code (other than an endowment contract);
(4) An annuity plan described in section 403(a) of the
					 Code;
(5) An annuity contract described in section 403(b) of the
					 Code; or
(6) An eligible retirement plan described in section 457(b)
					 of the Code that is maintained by a state, or political subdivision of a state,
					 or any agency or instrumentality of a state or political subdivision of a
					 state, and that agrees to separately account for amounts transferred into such
					 plan from the system.
Effective January 1, 2008, "eligible retirement plan" also
					 includes a Roth IRA described in section 408A of the Code if the distributee
					 meets the requirements that apply to rollovers from a traditional IRA to a Roth
					 IRA (i.e., for tax years prior to January 1, 2010, the distributee's modified
					 adjusted gross income cannot exceed $100,000, and the distribute must not be
					 married filing a separate return).
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 3 - DIRECT ROLLOVERS › Section 6-28-11 - Eligible rollover distributions

Current through June, 2024
(a) A distributee
				  who is entitied to a distribution may elect, at the time and in the manner
				  determined by the administrator, to have any portion of an eligible rollover
				  distribution paid directly in a direct rollover to an eligible retirement
				  plan.
(b) "Eligible rollover
				  distribution" means any distribution of all or any portion of a member's
				  benefit, except that an eligible rollover distribution shall not include:
(1) Any distribution that is one of a series
				  of substantially equal periodic payments made no less frequently than annually
				  for the life (or life expectancy) of the distributee or the joint lives (or
				  joint life expectancies) of the distributee and the distributee's beneficiary,
				  or for a specified period often years or more;
(2) Any distribution to the extent such
				  distribution is required under section 401(a)(9) of the Code;
(3) Corrective distributions of contributions
				  that exceed system or tax law limitations; and
(4) Any distributions during a calendar year
				  that are reasonably expected to total less than $200.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 4 - ACTUARIAL ASSUMPTIONS FOR ADJUSTMENT OF BENEFITS AND LIMITS UNDER SECTION 415(b)(2) OF THE CODE › Section 6-28-12 - Mortality

Current through June, 2024
For purposes of adjusting any benefit or limitation under
					 subparagraph (B), (C), or (D) of section 415(b)(2) of the Code, the system
					 shall use the "applicable mortality table." For distributions with annuity
					 starting dates after December 31, 1999, the "applicable mortality table" is the
					 mortality table set forth in Revenue Ruling 1995-6. For distributions with
					 annuity starting dates on or after December 31, 2002, the "applicable mortality
					 table" is the mortality table set forth in Revenue Ruling 2001 -62. For
					 distributions with annuity starting dates after December 31, 2007, the
					 "applicable mortality table" is defined by reference to section 417(e)(3)(B) of
					 the Code, as amended by the Pension Protection Act of 2006. For distributions
					 with annuity starting dates prior to January 1, 2000, the system shall use the
					 mortality assumptions that are used to determine actuarial equivalence.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 28 - OPERATING PROCEDURES TO ENSURE COMPLIANCE WITH CERTAIN FEDERAL TAX LAW REQUIREMENTS › Subchapter 4 - ACTUARIAL ASSUMPTIONS FOR ADJUSTMENT OF BENEFITS AND LIMITS UNDER SECTION 415(b)(2) OF THE CODE › Section 6-28-13 - Interest

Current through June, 2024
For purposes of adjusting any limitation under subparagraph
					 (C) of section 415(b)(2) of the Code and for purposes of adjusting any benefit
					 under subparagraph (B) of section 415(b)(2) of the Code other than a benefit
					 that would be subject to section 417(e)(3) of the Code if section 417(e)(3)
					 applied to governmental plans, the interest rate assumption shall not be less
					 than the greater of 5% or the rate specified by the board for determining
					 actuarial equivalence in accordance with section
					 88-90.5,
					 Hawaii Revised Statutes. For purposes of adjusting any benefit under
					 subparagraph (B) of section 415(b)(2) of the Code with an annuity starting date
					 on or after January 1, 2009, that would be subject to section 417(e)(3) of the
					 Code if section 417(e)(3) applied to governmental plans, the interest rate
					 assumption shall not be less than the greatest of (i) 5.5%; (ii) the
					 "applicable interest rate," as defined in section 417(e)(3) of the Code,
					 divided by 1.05; and (iii) the rate specified by the board for determining
					 actuarial equivalence in accordance with section
					 88-90.5,
					 Hawaii Revised Statutes. For purposes of adjusting any limitation under
					 subparagraph (D) of section 415(b)(2) of the Code, the interest rate assumption
					 shall not be greater than the lesser of 5% or the rate specified by the board
					 for determining actuarial equivalence in accordance with section 88 90.5,
					 Hawaii Revised Statutes."
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 29 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Section 6-29-1 - Address change and account balance

Current through June, 2024
A member, retirant, beneficiary or alternate payee desiring
				  to change their mailing address in the records of the system or obtain account
				  balance information may request these actions by telephone, in writing or by
				  appearing in person at the office of the system.
If the request is made by telephone, the system will require
				  the following information to verify that the caller is the member, retirant,
				  beneficiary or alternate payee:
(1)
				Social security number;
(2) Birth
				date; and
(3) Address currently
				shown in the records of the system.
A retirant desiring a change in the distribution of their
				  pension check, must request the change in writing or by appearing in person at
				  the office of the system. No change in the distribution of their pension check
				  shall be made when requested by telephone.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 29 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Section 6-29-2 - Mailing and distribution of semi-monthly pension checks

Current through June, 2024
All semi-monthly pension checks which are to be distributed
				  by mail, including direct deposits to financial institutions, shall be sent on
				  the last working day preceding the fifteenth day and the last day of the
				  month.
All semi-monthly pension checks which are to be picked up in
				  person shall be distributed on the fifteenth day or the last day of the month,
				  except that if the fifteenth day or the last day of the month falls on:
(1) A Saturday or Sunday, distribution shall
				be on the working day immediately preceding the Saturday or Sunday;
(2) A holiday other than the foregoing days
				of the week, distribution shall be made on the working day immediately
				preceding the holiday.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 29 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Section 6-29-3 - Computation of interest on contributions

Current through June, 2024
Employee contributions shall be on deposit with the system
				  for one full month before regular interest is credited thereon.
When an employee terminates employment and withdraws the
				  employee's contributions or when an employee retires, interest shall be
				  credited up to the last full calendar month before the date of withdrawal of
				  contributions or the date of retirement.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 29 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Section 6-29-4 - Service while engaged in professional improvement leave with or without pay

Current through June, 2024
(a) For the purpose of section
				88-51(6),
				HRS, leaves of absence for professional improvement shall include leaves of
				absence for educational and sabbatical purposes.
(b) Any change of a leave of absence to any
				of the foregoing types of leave shall be recognized as purchasable service only
				if approved by the head of the department from which the leave of absence was
				taken.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 29 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Section 6-29-5 - Employee contributions; workers' compensation benefits

Current through June, 2024
For the purpose of sections
				  88-45,
				  88-46
				  and
				  88-325,
				  Hawaii Revised Statutes, during the period that a class A, class B or class H
				  member receives workers' compensation benefits, the member's normal
				  contribution to the annuity savings fund shall be the percentage specified in
				  sections 8845 and
				  88-325,
				  Hawaii Revised Statutes, of the member's regular wage, salary, or compensation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 29 - MISCELLANEOUS ADMINISTRATIVE PROVISIONS › Section 6-29-6 - Finalization of retirant's pension benefit; interest payment

Current through June, 2024
(a) The finalized benefit of a retirant will
				be determined by the system upon recalculation of the retirant's pension with
				the payroll and personnel information received from the employer (s) within 90
				days after the retirant's effective date of retirement or approval for
				disability retirement. Information received by the system after the retirant's
				benefit has been finalized, may be considered a post-finalization adjustment
				and is not subject to the interest specified in subsections (d) and
				(e).
(b) For regular service
				retirements, the system shall finalize a retirant's pension benefit within six
				calendar months following the month of the retirant's retirement when the
				effective date of retirement is the first day of the month, or within seven
				calendar months following the retirant's retirement when the effective date of
				retirement is December 31.
(c) For
				ordinary and service-connected disability retirements, the system shall
				finalize a retirant's pension benefit within six calendar months following the
				month that the member's retirement is approved by the system or the actual
				retirement date specified by the member, whichever is later.
(d) If the system fails to finalize a
				retirant's pension benefit within the times specified in subsection (a) or (b),
				as applicable, the system shall pay an interest payment to the retirant if the
				finalized pension benefit is in excess of the pension benefit that was paid to
				the retirant.
(e) The interest
				shall be calculated on the difference between the finalized pension amount the
				retirant was entitled to receive and the pension amount the retirant was paid,
				including any refund of member contributions, prorated from the retirant's
				retirement date or date of approval of disability retirement, whichever is
				later, up to the day the interest payment is made to the retirant.
(f) The interest paid shall be simple
				interest at a rate per year equal to the ninety day or three month United
				States treasury bill rate as of the end of the calendar year prior to the
				effective date of the retirant's finalization plus one percent.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 1 - GENERAL PROVISIONS › Section 6-40-2 - Specification of amount or percentage to be paid or the manner in which the amount or percentage is to be determined

Current through June, 2024
(a) A domestic
				  relations order received by the system prior to a member's or former member's
				  with vested benefit status retirement and termination of membership in the
				  system, relating to retirement benefits upon retirement pursuant to sections
				  88-73,
				  88-75,
				  88-79,
				  88-281,
				  88-284,
				  88-285,
				  88-331,
				  88-334
				  or
				  88-336,
				  HRS, and/or withdrawal of accumulated contributions or hypothetical account
				  balance benefits upon termination of membership in the system pursuant to
				  section
				  88-61,
				  HRS, shall clearly specify the amount or percentage of the benefit the member
				  or former member with vested benefit status is expected to receive, to be paid
				  by the system to the alternate payee, or the manner in which the amount or
				  percentage is to be determined, in the manner set forth in the domestic
				  relations order forms adopted by the board, or by specifying:
(1) The monthly retirement allowance under
				  the retirement allowance option elected by the member or former member with
				  vested benefit status, as follows:
(A) A
				  percentage of the member's or former member's with vested benefit status
				  monthly retirement allowance under the retirement allowance option elected by
				  the member or former member with vested benefit status, determined by the
				  following formula:
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(B) A
				  percentage of the member's or former member's with vested benefit status
				  monthly retirement allowance under the retirement allowance option elected by
				  the member or former member with vested benefit status;
(C) A dollar amount of the member's or former
				  member's with vested benefit status monthly retirement allowance under the
				  retirement allowance option elected by the member or former member with vested
				  benefit status; or
(D)
				  None;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 1 - GENERAL PROVISIONS › Section 6-40-3 - Request for information by a spouse or former spouse regarding member, former member with vested benefit status, or retirant

Current through June, 2024
(a) The
				  request for information form provided by the system shall be used by a spouse
				  or former spouse of a member, former members with vested benefits, or retirant,
				  to make a written request for information relevant to a spouse's or former
				  spouse's interest in the member's, former member's with vested benefits, or
				  retirant's benefits. The system may reject as noncompliant with the
				  requirements for a request for information, any request for information that is
				  not in a form provided by the system. The system shall make available on the
				  system's website the required forms of request for information, approved by the
				  system's board of trustees at a meeting of the board duly noticed as provided
				  by section
				  92-7, HRS.
(b) Upon receipt of the completed request for
				  information form and a copy of the complaint for divorce or divorce decree,
				  certified by the clerk of the court in which the complaint or decree was filed,
				  the system will provide to the spouse or former spouse information relevant to
				  the spouse's or former spouse's interest in the member's, former member's with
				  vested benefits, or retirant's benefits, as of the date of the receipt of the
				  form.
(c) The system is not
				  required to notify the member, former member with vested status, or retirant of
				  the system's receipt of a request for information under this section; provided
				  that the system may confirm whether the system has received a request for
				  information if a member, former member with vested status, or retirant asks the
				  system whether the system has received any requests for information under this
				  section.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 1 - GENERAL PROVISIONS › Section 6-40-4 - Responsibilities of alternate payees to the system

Current through June, 2024
The alternate payee shall promptly:
(1) Provide the system with a certified copy
				  of the Hawaii domestic relations order and any modifications or amendments to
				  the order;
(2) Notify the system in
				  writing of the alternate payee's address and any change to the alternate
				  payee's name or address;
(3) Submit
				  any claims, applications or forms required by the system to effectuate any
				  provisions of the Hawaii domestic relations order;
(4) Comply with all reasonable requests from
				  the system for information and documentation necessary for processing payment
				  of all or any portion of payments to the alternate payees under the Hawaii
				  domestic relations order; and
(5)
				  Return to the system any payment received by the alternate payee that should
				  not have been made by the system to the alternate payee and is not payable to
				  the member, or retirant.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 2 - REVIEW OF DOMESTIC RELATIONS ORDERS AND PROPOSED DOMESTIC RELATIONS ORDERS FOR QUALIFICATION AS HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-5 - Required forms of Hawaii domestic relations orders

Current through June, 2024
The Hawaii domestic relations order forms provided by the
					 system shall be used by the parties to a domestic relations order, as well as
					 by the court; provided that the system may waive the use of forms provided by
					 the system if a domestic relations order issued by a court of another state
					 otherwise complies with the requirements for a Hawaii domestic relations order.
					 The system may reject as noncompliant with the requirements for a Hawaii
					 domestic relations order any domestic relations order that is not in a form
					 provided by the system. The system shall make available on the system's website
					 the required forms of Hawaii domestic relations orders, approved by the
					 system's board of trustees at a meeting of the board duly noticed as provided
					 by section
					 92-7,
					 HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 2 - REVIEW OF DOMESTIC RELATIONS ORDERS AND PROPOSED DOMESTIC RELATIONS ORDERS FOR QUALIFICATION AS HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-6 - Review of proposed domestic relations orders

Current through June, 2024
(a) A person who
				  wishes to have the system review a proposed domestic relations order to
				  establish whether it meets the requirements for a Hawaii domestic relations
				  order shall complete and submit to the system a request for review form
				  furnished by the system, a copy of the proposed order, and the filing fee. The
				  request for review shall include an address and telephone number at which the
				  person requesting the review may be contacted. If the order has been entered by
				  a court, the order must be certified by the clerk of the court that entered the
				  order.
(b) The person requesting
				  review of proposed domestic relations order must be the member, the former
				  member with vested benefit status, the retirant, the spouse or former spouse of
				  the member, former member with vested benefit status, or retirant, or an
				  authorized representative of any of the foregoing. If the spouse or former
				  spouse of a member, former member with vested benefit status, or retirant, or
				  an authorized representative of either of the foregoing is the person
				  requesting review of a proposed domestic relations order, the person requesting
				  the review shall also submit a copy of the complaint for divorce, or divorce
				  decree, certified by the clerk of the court in which the complaint was filed,
				  for the action in which the proposed domestic relations order is proposed to be
				  entered.
(c) Upon completion of the
				  system's review of a proposed domestic relations order, the system shall not
				  issue a determination that a proposed domestic relations order is or is not a
				  Hawaii domestic relations order, but shall issue a notification to the person
				  requesting the review whether or not the proposed order meets the requirements
				  for a Hawaii domestic relations order.
(d) The system is not required to notify a
				  member, former member with vested benefit status, or retirant of the system's
				  receipt of a proposed domestic relations order for review or issuance of
				  notification under this section; provided that the system may confirm whether
				  the system has received a proposed order for review or issued a notification if
				  a member, former member with vested benefit status, or retirant asks the system
				  whether the system has received a proposed domestic relations order for review
				  or issued a notification under this section.
(e) The system's notification whether or not
				  a proposed order meets the requirements for a Hawaii domestic relations order
				  is advisory only and is not a determination by the system that the proposed
				  order is or is not a Hawaii domestic relations order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 2 - REVIEW OF DOMESTIC RELATIONS ORDERS AND PROPOSED DOMESTIC RELATIONS ORDERS FOR QUALIFICATION AS HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-7 - Review of domestic relations orders for qualification as Hawaii domestic relations orders

Current through June, 2024
(a) A person who
				  wishes to have the system review a domestic relations order entered by a court
				  to establish whether it meets the requirements for a Hawaii domestic relations
				  order shall complete and submit to the system a request for review form
				  furnished by the system, a copy of the order, certified by clerk of the court
				  that entered the order, and the filing fee. The request for review shall
				  include an address and telephone number at which the person requesting the
				  review may be contacted.
(b) The
				  person requesting review of a domestic relations order entered by a court must
				  be the member, the former member with vested benefit status, the retirant, the
				  spouse or former spouse of the member, the former member with vested benefit
				  status, or retirant, or an authorized representative of any of the
				  foregoing.
(c) If a domestic
				  relations order is submitted for review after it has been entered by the court
				  and is thereafter amended with the intention that it shall be a Hawaii domestic
				  relations order, the member, retirant, or the alternate payee shall submit a
				  certified copy of the amended order to the system. The system shall review any
				  amended order that it receives according to the same rules applicable to all
				  other orders, including payment of processing fees and costs.
(d) Upon completion of the system's review of
				  a domestic relations order that has been entered by a court, the system shall
				  issue to the member, former member with vested benefit status, or retirant and
				  the alternate payee, a determination, in writing, that the order is or is not a
				  Hawaii domestic relations order, identifying any requirements that the order
				  does not meet.
(e) A determination
				  by the system that a domestic relations order is not a Hawaii domestic
				  relations order shall be subject to review as provided in chapter
				  91, HRS, and the system's rules
				  relating to contested cases.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 2 - REVIEW OF DOMESTIC RELATIONS ORDERS AND PROPOSED DOMESTIC RELATIONS ORDERS FOR QUALIFICATION AS HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-8 - Fees and charges for review and processing of domestic relations orders or proposed domestic relations orders

Current through June, 2024
(a) The system
				  shall post on the system's website fees and charges, approved by the system's
				  board of trustees at a meeting of the board duly noticed as provided by section
				  92-7, HRS, for the review
				  and processing of domestic relations orders and proposed domestic relations
				  orders;
(1) The fees paid shall be used only
				  and directly for defraying the costs to the system of providing the processing
				  and review of the proposed and domestic relations orders, including any
				  required legal and actuarial costs; and
(2) The filing fees shall be reasonably based
				  on estimated costs of system staff processing and review of actual or proposed
				  domestic relations orders. Charges for legal or actuarial services shall be
				  reasonably based on estimated time required, and actual or reasonably estimated
				  hourly rates for legal and actuarial services, or other commercially reasonable
				  methods of determining such charges.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 3 - PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-9 - Withdrawal of accumulated contributions or hypothetical account balance

Current through June, 2024
(a) If a Hawaii domestic relations order
				  provides for payment to an alternate payee of all or a portion of a member's or
				  former member's with vested benefit status accumulated contributions or
				  hypothetical account balance upon termination of membership in the system by
				  withdrawal of the member's or former member's with vested benefit status
				  accumulated contributions or hypothetical account balance, the system shall
				  notify the alternate payee, at the address provided by alternate payee pursuant
				  to section 6-40-4, of the member's or former member's with vested benefit
				  status request for withdrawal of accumulated contributions or hypothetical
				  account balance.
(b) The system
				  shall pay the alternate payee in accordance with the Hawaii domestic relations
				  order upon the later of:
(1) The date on which
				  the member's or former member's with vested benefit status portion of the
				  member's or former member's with vested benefit status accumulated
				  contributions or hypothetical account balance is payable to the member or
				  former member's with vested benefit status; or
(2) Receipt by the system of alternate
				  payee's claim for payment and all supporting documentation required by the
				  system for payment to the alternate payee;
provided that an alternate payee shall not be entitled to
					 any portion of a member's or former member's with vested benefit status
					 accumulated contributions or hypothetical account balance under a Hawaii
					 domestic relations order that is determined to be a Hawaii domestic relations
					 order more than eighteen months after the date on which the member's or former
					 member's with vested benefit status portion of the member's accumulated
					 contributions or hypothetical account balance is payable to the member.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 3 - PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-10 - Pre-retirement Hawaii domestic relations order

Current through June, 2024
(a) When
				  the system receives a retirement application from a member or former member
				  with vested benefit status who is eligible to receive a retirement benefit and
				  whose retirement benefits are subject to a Hawaii domestic relations order, the
				  system shall notify the alternate payee, at the address provided by alternate
				  payee pursuant to section 6-40-4, of the member's application for retirement
				  benefits.
(b) The system shall pay
				  the alternate payee in accordance with the Hawaii domestic relations order
				  commencing the same date that retirement benefit payments are effective for the
				  member or former member with vested benefit status; provided that the system
				  may withhold payments to the alternate payee until receipt by the system of
				  alternate payee's claim for payment and all supporting documentation required
				  by the system for payment to the alternate payee. Upon receipt by the system of
				  the alternate payee's claim for payment and all supporting documentation
				  required by the system for payment to the alternate payee, the system shall pay
				  to alternate payee, without interest, the payments withheld by the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 3 - PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-11 - Pre-retirement domestic relations orders under review

Current through June, 2024
(a) When
				  the system receives a retirement application from a member or former member
				  with vested benefit status who is eligible to receive a retirement benefit and
				  whose retirement benefits are subject to a domestic relations order, a
				  certified copy of which has been provided to the system for review for
				  qualification as a Hawaii domestic relations order, the system shall notify the
				  alternate payee named in the order, at the address provided by the alternate
				  payee pursuant to section 6-40-4, of the member's application for retirement
				  benefits.
(b) If the domestic
				  relations order is determined to be a Hawaii domestic relations order, the
				  system shall pay the alternate payee as provided in section 6-40-10(b);
				  provided that, if the domestic relations order is determined to be a Hawaii
				  domestic relations order more than eighteen months after the member's or former
				  member's with vested benefit status retirement benefits commence, payments to
				  the alternate payee shall commence on the first day of the month following the
				  later of:
(1) The determination that the
				  Hawaii domestic relations order is a Hawaii domestic relations order;
				  or
(2) Receipt by the system of
				  alternate payee's claim for payment and all supporting documentation required
				  by the system for payment to the alternate payee;
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 3 - PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-12 - Post-retirement Hawaii domestic relations orders

Current through June, 2024
When the system receives a certified copy of a domestic
					 relations order subsequent to the member's, former member's with vested benefit
					 status, or retirant's retirement, and if the domestic relations order is
					 determined to be a Hawaii domestic relations order:
(1) The system shall notify the retirant and
				  alternate payee that the system has determined that the domestic relations
				  order is a Hawaii domestic relations order; and
(2) Payment according to the terms of the
				  Hawaii domestic relations order under this subsection shall commence as of the
				  first day of the month following the date upon which the order is determined to
				  be qualified, unless the parties jointly direct that payment shall commence at
				  a later date; provided that the system may withhold payment to the alternate
				  payee until receipt by the system of alternate payee's claim for payment and
				  all supporting documentation required by the system for payment to the
				  alternate payee. Upon receipt by the system of alternate payee's claim for
				  payment and all supporting documentation required by the system for payment to
				  the alternate payee, the system shall pay to alternate payee, without interest,
				  any payments withheld by the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 3 - PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-13 - Priority of Hawaii domestic relations orders

Current through June, 2024
The priority of Hawaii domestic relations orders shall be
					 determined by the order in which the certified copies of domestic relations
					 orders are received by the system for qualification as a Hawaii domestic order,
					 and not by the order in which domestic relations orders are determined to be
					 Hawaii domestic relations orders, the order in which the domestic relations
					 orders are entered by the court, the date the complaint for divorce is filed,
					 the date upon which an order of divorce is entered, or the date of marriage.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - EMPLOYEES' RETIREMENT SYSTEM › Chapter 40 - HAWAII DOMESTIC RELATIONS ORDERS › Subchapter 3 - PAYMENTS PURSUANT TO HAWAII DOMESTIC RELATIONS ORDERS › Section 6-40-14 - Effect of payments to alternate payees upon death benefits

Current through June, 2024
Payments made to alternate payees according to the terms of
					 Hawaii domestic relations orders shall be payments received by the retirant,
					 and benefit that the retirant received, for purposes of death benefits set
					 forth at sections
					 88-83,
					 88-283,
					 and
					 88-333,
					 HRS.