Chapter 88 — Pension

§88-158 Disability retirement benefits. Whenever any member of the police force, fire department, or band of any county shall, on examination by the medical board provided for in section 88-155, be found to be disabled physically or mentally because of any injury received or dise…

§88-159 Reexamination of disability beneficiary; hearing. After any member of the police force, fire department, or band has been retired upon pension by reason of disability, the board of trustees shall have the right at any time to cause the retired member again to be brought b…

§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 …

§88-160 Service retirement benefits. (a) Any member of the police force, fire department, or band who has been in the service of any county as a member of the police force, fire department, or band for twenty years and less than twenty-five years, upon the member's written applic…

§88-161 Dismissal after twenty years' service; pensions. Any member of the police force, fire department or band who is dismissed therefrom for any cause other than for being convicted of a felony, after the member shall have been in actual service for twenty years or more, shall…

§88-162 Dismissal after ten years' service; pension. Any member of the police force, fire department, or band in any county not having a civil service commission, who shall be dismissed from service without cause after the member shall have been in actual service for ten years or…

§88-163 Death benefits: funeral expenses; payments to dependents. (a) Upon the death of any member of the police force, fire department, or band, as a result of any injury received or disease contracted while in the performance of his duty, or when entitled to a pension under thi…

§88-164 Benefits in lieu of other payments. The benefits set forth in this part shall be in lieu of any or other compensation payable to a member of a police force, fire department, or band or any of the member's dependents under or on account of chapter 386, or any other claim o…

§88-165 Adjustments of pensions. The board of trustees shall have full authority, within the limits set down in this part, to review all pensions previously granted or which are hereafter granted under this part and make adjustments considered fair, reasonable, or necessary. [L 1…

§88-166 Computation; service as police officer, firefighter, or bandsman. To entitle anyone to be retired because of time of service only, the time served by the person upon the regularly constituted police force, fire department, or band on which the person shall then be serving…

§88-167 Computation; prior credits. The board of trustees of the pension system for each county shall include and take into consideration, when computing the period of service of each member of the pension system to determine the member's eligibility for retirement and also to de…

§88-168 Orders, discipline, medical examination, etc. Any member of the police force, fire department or band placed on the retired list, except those who have served on the force for twenty years or more and have retired for that reason, shall report for duty to the head of the …

§88-169 Payments of pensions; inalienable. If at any time there should not be sufficient money to the credit of the pension system to pay all claims against it in full, claims on account of the death of members of the police force, fire department, or band, shall be paid first in…

§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 …

§88-170 Forfeiture of pension. Whenever any person who has received a pension from the pension system fails to report oneself for examination for duty (unless excused by the board of trustees), or disobeys the requirements of the board in respect to such examination, or fails to …

§88-171 Public hearings; notice. All adjudications by the board of trustees required by this part in connection with applications for pensions, revocations of pensions, or otherwise, shall be made by the board only after public hearings, public notice of which shall be given by t…

PART IV. MUNICIPAL AND COUNTY PENSION SYSTEMS §88-181 Pension boards created. There shall be a pension board, hereafter referred to as the "board", for each of the counties of the State, with full authority, within the limits prescribed by law, to make investigations necessary to…

§88-182 Members: appointment, terms, removals. Except in the counties of Hawaii and Maui, each pension board shall consist of five members to be appointed for terms of five years. The original members shall be appointed for staggered terms so that one shall expire on June 30 of e…

§88-183 Qualifications. Except in the counties of Hawaii and Maui, no person shall be appointed as a member of the pension board unless the person be a registered voter who has resided for five or more years in the county for which appointed; no person shall be eligible for membe…

§88-184 Expenses; appropriations. The members of the pension boards shall serve without pay, but the respective county councils shall appropriate annually a sum sufficient to, and shall, defray the necessary expenses of the boards, including moneys required to cover the payment o…

§88-186 Meetings. Each pension board shall meet at least once each quarter. No board shall defer action upon any application for a pension beyond the second quarterly meeting following the date of the filing thereof. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt …

§88-187 Payment, conditions. The pension system shall require as a prerequisite to the payment of a pension to any person: Any employee who had the option to but did not elect to become a member of any retirement system now in effect shall be eligible to receive only fifty per ce…

§88-188 Additional conditions. The pension systems shall further provide, subject to this part, that:

§88-189 Widow's, widower's, and reciprocal beneficiary's pensions. The widow and widower or reciprocal beneficiary of any deceased man or woman, who have been previously granted or are found subsequent to his or her death to have been entitled to a pension under this part, or to …

§88-190 Amount. No pension under this part except an accidental disability pension shall be granted or paid which shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the last te…

§88-191 Computation of service. Whenever the term of ten years is mentioned in this part, each year of the ten years shall be computed by adding together the months of service (including portions of any month, where the full month has not been served, as a full month), and dividi…

§88-192 Examination by physician. In connection with the consideration of any application for disability pension or review of the pension granted under this part, any county pension board may refer any applicant or person receiving the pension to any physician receiving a regular…

§88-193 Compliance with law required. No pension shall be granted by any county (except under present provisions of law relating to police, firefighters, and bandsmen and under part V) unless the same shall comply with the requirements of this part. [L 1937, c 237, §7; RL 1945, §…

§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 dependen…

PART V. OTHER COUNTY PENSIONS §88-201 Pensions eligible. Any provision to the contrary notwithstanding, the pension board of each county may grant pensions to former employees of the county upon the following conditions:

§88-202 Restrictions as to personnel. This part shall not apply to any person who is in the service or employment of the State or any county on or after July 1, 1953, but shall apply to per diem workers and former per diem workers who joined the employees' retirement system prior…

§88-203 Limitation of amount. No pension granted under section 88-201 shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the person's last ten years of the person's employment …

§88-204 County appropriations directed. The respective councils of the several counties shall appropriate annually for each fiscal period a sum sufficient to cover the payment of the pensions granted under this part; provided that the board of water supply of the city and county …

PART II. RETIREMENT FOR PUBLIC OFFICERS AND EMPLOYEES A. Definitions; Board of Trustees §88-21 Definitions. The following words and phrases as used in this part, unless a different meaning is plainly required by the context, shall have the following meanings: "Accidental death" m…

§88-21.5 Compensation. (a) For a member who became a member before July 1, 2012: (b) For a member who becomes a member after June 30, 2012, unless a different meaning is plainly required by context, "compensation" as used in this part:

§88-212 Federal-state agreement. The state agency, with the approval of the governor, may enter on behalf of the State into an agreement with the Secretary of Health and Human Services, consistent with the terms and provisions of this part, for the purpose of extending the benefi…

§88-213 Division of retirement systems. The employees' retirement system (or such components thereof as may be established by the governor or the governor's agent pursuant to section 218(d)(6) of the Social Security Act) shall, for the purpose of this chapter, be deemed to consti…

§88-214 Modifications to agreement. The state agency may enter into such modification or modifications to the agreement as may be necessary to transfer members of the part of a divided retirement system which is composed of the members of the system who have not expressed a desir…

§88-215 Contributions by state employees. Every state employee whose services are covered by an agreement entered into under section 88-212 shall be required to pay for the period of the coverage, into the contribution fund established by section 88-224, contributions, with respe…

§88-216 Collection of contributions. The contribution imposed by section 88-215 shall be collected by deducting the amount of the contribution from wages as and when paid. Failure to make the deduction shall not relieve the employee from liability for the contribution. [L 1953, c…

§88-217 Adjustments. If more or less than the correct amount of the contribution imposed by section 88-215 is paid or deducted with respect to any remuneration, proper adjustments, or refund if adjustment is impracticable, shall be made, without interest, in such manner and at su…

§88-218 Plans for coverage of employees of political subdivision. Each political subdivision of the State may submit for approval by the state agency a plan for extending the benefits of Title II of the Social Security Act, in conformity with applicable provisions of the Act, to …

§88-219 Referendum. With respect to any state retirement system to which this part applies or to any retirement system of a political subdivision whose governing body so requests, the governor is empowered to authorize a referendum, and shall designate an agency or individual to …

§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 o…

§88-22.5 Federal tax qualification requirements. (a) The system shall be administered in accordance with the requirements of section 401(a)(1), (2), (8), (9), (25), (31), and (37) of the Internal Revenue Code of 1986, as amended. Without limiting the generality of the foregoing a…

§88-220 Refusal or termination of plans. The state agency shall not finally refuse to approve a plan submitted by a political subdivision under section 88-218, and shall not terminate an approved plan, without reasonable notice and opportunity for hearing to the political subdivi…

§88-221 Payments by political subdivisions. Each political subdivision whose plan has been approved under section 88-218 shall pay to the contribution fund, with respect to wages (as defined in section 88-211), at such time or times as the state agency may by regulation prescribe…

§88-222 Contributions by employees of political subdivisions. Each political subdivision required to make payments under section 88-221, may, in consideration of the employee's retention in, or entry upon, employment after June 10, 1953, impose upon each of its employees, as to s…

§88-223 Delinquent payments. Delinquent payments due under section 88-221 may, with interest at the rate of six per cent a year, be recovered by action in the circuit court against the political subdivision liable therefor or may, at the request of the state agency, be deducted f…

§88-224 Contribution fund; established. There is established a special fund to be known as the contribution fund. The fund shall consist of and there shall be deposited in such fund: All moneys in the fund shall be mingled and undivided. Subject to the provisions of this part, th…