Title 7, Public Officers And Employees

§88-333 Election of retirement allowance option. (a) Upon retirement: To receive benefits, the beneficiary shall have been designated by the member in the form and manner prescribed by the board. (b) If a class H member dies after the date of the filing of the member's written ap…

§88-334 Ordinary disability retirement. (a) Under rules the board of trustees may adopt, upon application of a class H member in service or on leave without pay, or the person appointed by the family court as guardian of an incapacitated member, any member who has ten or more yea…

§88-335 Ordinary disability retirement allowance. (a) Upon retirement for ordinary disability, a class H member who became a member before July 1, 2012, shall receive a maximum retirement allowance equal to the higher of either: (b) Upon retirement for ordinary disability, a clas…

§88-336 Service-connected disability retirement. (a) Under rules the board of trustees may adopt, upon application of a class H member, or the person appointed by the family court as guardian of an incapacitated member, any class H member, employed in a position in which all cont…

§88-337 Service-connected disability retirement allowance. Upon retirement for service-connected disability, a class H member shall receive the amount of the member's accumulated contributions and a maximum retirement allowance of thirty-five per cent of the member's average fina…

§88-338 Ordinary death benefit. (a) Upon receipt by the system of proper proof of a class H member's death occurring in service or while on authorized leave without pay and if no pension is payable under section 88-339, there shall be paid to the member's designated beneficiary a…

§88-339 Accidental service-connected death benefit. (a) Under rules the board of trustees may adopt, in the case of an accidental death as determined by the system pursuant to section 88-85.5, there shall be paid to the member's designated beneficiary or to the member's estate th…

[§88-340] Termination of membership. Except as otherwise provided by section 88-341, any class H member absent from service for four calendar years following the calendar year in which the member's employment terminated shall cease to be a member. Any class H member who withdraws…

§88-341 Rights of members separated from service. (a) Any class H member who ceases to be an employee and who became a member before July 1, 2012, and has fewer than five years of credited service, excluding unused sick leave, or who becomes a member after June 30, 2012, and has …

§88-342 Return to service of a former member without vested benefit status. (a) When a former class H member who does not have vested benefit status returns to service, the former member shall become a member in the same manner and under the same conditions as anyone first enteri…

[§88-343] Return to service of a former member who has vested benefit status. If a former class H member who has a vested benefit status as provided in section 88-341(b) returns to service before the former member's retirement, the former member shall again become a member and sh…

§88-344 Return to service of a retirant. (a) Any retirant who retired under the provisions of this part and returns to service requiring active membership in the system as a class H member shall be reenrolled as an active member, and the retirant's retirement allowance shall be s…

§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 retirem…

B. Membership; Service §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 o…

§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 m…

§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 em…

[§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 …

§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-t…

§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…

§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 officer…

[§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]

§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: in payment of all or a portion of any deposit a member is permitted to make with the system for credit for service, includi…

§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 t…

[§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.…

§88-47 Membership. (a) There shall be four classes of members in the system to be known as class A, class B, class C, and class H, defined as follows: (b) None of the provisions of this part shall apply to class C members except as specifically provided in part VII. None of the p…

§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…

§88-49 Employees paid partly from federal funds. Where any employee, subject to the compensation law, has a portion of the employee's salary paid from federal funds but is not subject to the federal retirement system, the employee shall be entitled to all benefits and be required…

[§88-49.3] Employees paid from certain federal funds. Any provision of law to the contrary notwithstanding, a participant in a work-experience, on-the-job training, or a temporary public service employment position whose salary is paid in whole or in part from federal funds provi…

[§88-49.5 Certain employees subject to federal retirement system; election.] Any provision in this chapter to the contrary notwithstanding, any employee who was subject to the federal retirement system and was a member of the employees' retirement system of the State on July 25, …

[§88-49.7] East-West center employees. Any employee of the Center for Cultural and Technical Interchange Between East and West, Inc., a Hawaii educational nonprofit public corporation, who elected to remain a member of the system pursuant to section 14(e)(1) of Act 82, Session La…

§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 p…

§88-50 Computation of year of service. The board of trustees may fix and determine by appropriate rules and regulations how much service in any year is equivalent to a year of service but in no case shall more than one year of service be credited in twelve calendar months, nor sh…

§88-50.5 Credit for mandatory maternity leave. Any member of the system who was required to take mandatory maternity leave prior to July 1, 1973, may be credited up to four years of membership service credit for mandatory maternity leave; provided that the maximum credit for each…

§88-51 Membership service generally. Membership service includes: Membership service shall only be credited for any period for which the member makes the contributions to the system if required by parts II, VII, and VIII of this chapter. [RL 1945, pt of §704; am L 1945, c 73, pt …

§88-52 Service while a member of the legislature. Under such rules and regulations as the board of trustees may adopt, any legislator electing to become a member or any former legislator electing to become a member, shall file, on a form approved by the board, a detailed statemen…

§88-54 Service while legislative employee. Any member who takes a leave of absence to be employed by the legislature during any legislative session shall be entitled to all benefits and required to make all employee contributions under the system for the period during which such …

[§88-54.2] Session employees of the legislature; exempt from mandatory enrollment. (a) Notwithstanding section 88-42 or any other section in part II, VII, or VIII, any person who is employed as a session employee by the legislature or any legislative service agency after October …

§88-54.5 Service while a member of the board of trustees of the office of Hawaiian affairs. Notwithstanding any provisions of section 10-9 that may previously have precluded a member of the board of trustees of the office of Hawaiian affairs from participating as a member of the …

§88-55 Services of field civilian personnel of the Hawaii national guard. Civilian field personnel of the Hawaii national guard are entitled to membership credit for all service performed by them in such capacity since August 1, 1946, upon making application therefor and complyin…

[§88-55.5] Service of Hawaii national guard members on state active duty; exempt from mandatory enrollment. (a) Notwithstanding section 88-42 or any other applicable sections in this part, part VII, or part VIII, a member of the Hawaii national guard ordered into active duty to p…

§88-57 Prior service generally. Prior service is credited without cost to the member entitled thereto. Prior service includes:

§88-58 Prior service credit while per diem employee. Under such rules as are adopted by board of trustees, all members who formerly filled per diem positions after December 31, 1927, in the various counties as road maintenance workers, shall be allowed full prior service credit i…

§88-59 Acquisition of membership service. (a) Under rules as the board may adopt, any member may file with the system a statement of all service as an employee or other service paid for by the State or a county rendered prior to the member's last becoming a member that is not cre…

§88-59.5 Previous membership service credit for legislative officers. (a) Any member who on July 1, 1991, was serving or previously served as an assistant clerk or assistant sergeant at arms of either house of the legislature and becomes eligible for retirement benefits as a clas…

§88-6 Payment of refunds and retirement benefits. (a) Notwithstanding any other provision of this chapter: (b) Any member, former employee, retirant, or beneficiary to whom accumulated contributions or a hypothetical account balance, as defined in section 88-311, is payable after…

§88-60 Members whose services are on loan to other governments. Any member whose services are on loan to another government, as authorized by section 78-27, shall retain the member's membership and shall receive credit in the system for such service; provided that the member retu…

§88-61 Termination of membership. (a) Except as otherwise provided by section 88-96, any member absent from service for four calendar years following the calendar year in which the member's employment terminated shall cease to be a member, and the former member's credited service…

§88-62 Return to service of a former member. (a) For members who became members before July 1, 2012: (b) For members who become members after June 30, 2012:

[§88-63] Credit for unused sick leave. A public employee who retires or leaves government service in good standing with sixty days or more of unused sick leave shall be entitled to additional service credit in the retirement system as follows: The allowance on service retirement …

§88-64 Retroactive reinstatement; retroactive rescission of suspension; retroactive payments. (a) Upon certification by the system, the retroactive reinstatement, retroactive rescission of suspension, and retroactive payment provided to an employee pursuant to a final resolution …