Hawaii Revised Statutes 88. Pension and Retirement Systems
PART I. GENERAL PROVISIONS
A. Miscellaneous
- 88-1 Restrictions.
The provisions of this section shall be applicable to every pension and to every recipient or beneficiary thereof, granted or provided for by any...
- 88-1.2 Civil Unions
. For the purposes of this chapter, the terms "married", "marriage", "marital", "husband", "wife", or similar spousal terms shall include civil union partners and civil...
- 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...
- 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...
- 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...
- 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...
- 88-6 Payment of Refunds and Retirement Benefits.
(a) Notwithstanding any other provision of this chapter: (1) All retirees and beneficiaries of the state retirement system or county pension funds shall be...
- 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...
- 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...
- 88-9 Employment of Retirants.
(a) A retirant may not be employed by the State or by any county unless the retirant is reenrolled in the system pursuant to...
B. Pensioners' Bonus
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...
- 88-21.5 Compensation.
(a) For a member who became a member before July 1, 2012, unless a different meaning is plainly required by context, as used in...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 88-32 Repealed.
L 1982, c 165, §2(3).
- 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...
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...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 88-46.5 Repealed.
L 2006, c 40, §4.
- 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...
- 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,...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 88-51 Membership Service Generally.
Membership service includes: (1) Service by an employee rendered since becoming a member; (2) Service rendered prior to becoming a member but subsequent to:...
- 88-51.5 Repealed.
L 1982, c 165, §2(6).
- 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...
- 88-53 (Reserved)
- 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...
- 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...
- 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...
- 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,...
- 88-56 Repealed.
L 1982, c 165, §2(9).
- 88-57 Prior Service Generally.
Prior service is credited without cost to the member entitled thereto. Prior service includes: (1) Service as an employee rendered (A) By an employee...
- 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...
- 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...
- 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...
- 88-59.6 Repealed.
L 2008, c 47, §12.
- 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...
- 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...
- 88-62 Return to Service of a Former Member.
(a) For members who became members before July 1, 2012: (1) If a former member who has fewer than five years of credited service...
- 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...
C. Benefits
- 88-70 Third Application for Retirement; Withdrawal Prohibited and Retirement Mandatory.
If a member: (1) Has submitted two separate written applications for service retirement but has withdrawn each of the applications prior to the dates...
- 88-71 Credited Service At Retirement.
Credited service at retirement on which the retirement allowance of a member shall be based shall consist of the member's membership service, the member's...
- 88-72 Repealed.
L 2007, c 215, §29.
- 88-73 Service Retirement.
(a) Any member who: (1) Became a member before July 1, 2012, and has at least five years of credited service and has attained...
- 88-74 Allowance on Service Retirement.
(a) Upon retirement from service, a member shall receive a maximum retirement allowance as provided in this section. (b) If a member, who became...
- 88-74.5 Finalizing of Pensions.
(a) The system shall finalize a retirant's pension benefit within six calendar months following the month of the retirant's retirement. For pension benefits finalized...
- 88-74.6 Unreduced Allowance on Service Retirement; When Applicable.
In addition to those positions identified in section 88-74(e) and notwithstanding any law in this part that requires a member to attain age fifty-five...
- 88-74.7 Commencement of Benefits on Required Beginning Date.
(a) The purpose of this section is to provide for distribution of benefits in accordance with a reasonable and good faith interpretation of section...
- 88-75 Ordinary Disability Retirement.
(a) Upon application of a member in service or on leave without pay, or the person appointed by the family court as guardian of...
- 88-76 Allowance on Ordinary Disability Retirement.
Upon retirement for ordinary disability, a member shall receive a maximum retirement allowance of one and three-fourths per cent of the member's average final...
- 88-77, 78 Repealed.
L 1998, c 151, §§13, 14.
- 88-79 Service-Connected Disability Retirement.
(a) Upon application of a member, or the person appointed by the family court as guardian of an incapacitated member, any member who has...
- 88-80 Allowance on Retirement for Service-Connected Disability.
Upon retirement for service-connected disability, a member shall receive the amount of the member's accumulated contributions and a maximum retirement allowance that shall consist...
- 88-81 Average Final Compensation.
(a) Average final compensation is the average annual compensation, pay, or salary upon which a member has made contributions as required by parts II,...
- 88-81.5 Federal Tax Limits on Annual Compensation.
(a) Effective July 1, 1996, compensation used to determine "average final compensation" under section 88-81 and employee contributions picked up by the employer under...
- 88-82 Petition for Contested Case Hearing Regarding Disability Retirement or Accidental Death Benefits; Attorney's Fees and Costs.
(a) A member or applicant who is not satisfied with the preliminary decision of the board to grant or deny an application for disability...
- 88-83 Election of Retirement Allowance Option.
(a) Upon retirement, any member may elect to receive the maximum retirement allowance to which the member is entitled computed in accordance with section...
- 88-83.5 Benefit Limitations.
(a) Notwithstanding any other law to the contrary, the benefits payable to all employees who first become members on or after January 1, 1990,...
- 88-84 Ordinary Death Benefit.
(a) Upon receipt by the system of proper proof of a member's death occurring in service or while on authorized leave without pay, there...
- 88-84.5 Federal Limits on Annual Compensation for Ordinary Death Benefit.
(a) Commencing July 1, 1996, compensation used to determine the benefit payable under section 88-84(a)(1) shall be subject to the annual limit set forth...
- 88-85 Accidental Death Benefit.
(a) In the case of an accidental death as determined by the board pursuant to section 88-85.5, there shall be paid to the member's designated...
- 88-85.5 Applications for Accidental Death Benefits; Approval by the Board.
(a) An application for service-connected accidental death benefits may be filed with the system by or on behalf of the claimant pursuant to section...
- 88-86 Repealed.
L 1970, c 52, §1.
- 88-87 Adjustment for Deficiency in Accumulated Contributions.
Upon retirement, the maximum retirement allowance of any member whose accumulated contributions are deficient shall be reduced by an amount which is the actuarial...
- 88-88 Adjustment of Retirement Allowances of Retirants.
The retirement allowance of any class A member whose allowance was reduced by reason of social security coverage subsequent to December 31, 1955, shall...
- 88-89 Minimum Amount.
Each retirant who has a minimum of ten years of credited service and whose service retirement allowance is less than $50 per month, shall...
- 88-90 Post Retirement Allowances.
(a) There shall be payable to each person receiving any pension, annuity or retirement allowance, a post retirement allowance which shall consist of an...
- 88-90.5 Actuarial Assumptions.
(a) Notwithstanding any provision in this chapter to the contrary, the board may approve the effect of the post retirement allowance under section 88-90, or...
- 88-91 Exemption From Taxation and Execution.
The right of a person to a pension, an annuity or a retirement allowance, to the return of contributions, the pension, annuity or retirement...
- 88-92 Garnishment in Certain Cases; Procedure.
Whenever the comptroller or attorney general of the State, or any county finance director or attorney, or the head of any department, bureau, board...
- 88-93 Named Beneficiaries by Members and by Former Employees; Effect of Marriage, Entry Into Reciprocal Beneficiary Relationship, Divorce, Termination of Reciprocal Beneficiary Relationship, or Death.
(a) All written designations of beneficiaries for members and for former employees shall become null and void when: (1) The beneficiary predeceases the member...
- 88-94 Withholding of Income Taxes.
Pension, annuity, and retirement allowance payments from the system shall be subject to income tax withholding requirements as set forth by the federal government;...
- 88-95 Withholding of Dues and Insurance Premiums.
A retired member, if the retired member requests in writing, may have withheld from the retired member's pension, annuity, or retirement allowance, payments to...
- 88-96 Rights of Members Separated From Service.
(a) Any member who ceases to be an employee and who became a member before July 1, 2012, and has fewer than five years...
- 88-97 Return to Service of a Member Who Has Vested Benefit Status.
If a former member who has a vested benefit status as provided in section 88-96(b) returns to service before the former member's retirement, the...
- 88-98 Return to Service of a Retirant.
(a) Any retirant who returns to employment requiring active membership in the system shall be reenrolled as an active member of the system in...
- 88-99 Moratorium on Benefit Enhancements
. There shall be no benefit enhancements under this chapter for any group of members, including any reduction of retirement age, until such time as...
- 88-100 Payment by Employers of Costs Associated With Significant Non-Base Pay Increases.
(a) The contribution payable in each year to the pension accumulation fund by the State and each county shall include the actuarial present value, as...
D. Administration; Financing
- 88-101 Payment of Existing Pensions.
(a) The pensions of all teachers on the pension rolls of the retirement fund for pensioning retired teachers on January 1, 1926, shall be...
- 88-102 Classification of Members.
The board of trustees shall classify each member in one of the following groups: (1) General employees of the State and counties, including administrative,...
- 88-103 Records.
(a) The board of trustees shall keep a record of all its proceedings which record shall be open to public inspection. It shall publish...
- 88-103.5 Disclosure of Information.
(a) The employees' retirement system shall: (1) Disclose to the Hawaii employer-union health benefits trust fund and employee organizations information related to the administration...
- 88-103.7 Information From the State and Counties.
[Section effective July 1, 2020. For section effective until June 30, 2020, see below.] (a) To fulfill its responsibilities under this chapter, the system...
- 88-104 Actuarial Data.
The board of trustees shall keep in convenient form such data as shall be necessary for actuarial valuation of the various funds of the...
- 88-105 Actuarial Investigations, Valuations.
(a) At least once in each five-year period, commencing with fiscal year 1994-1995, the actuary shall make an actuarial investigation of the experience of...
- 88-106 Correction of Errors.
Should any change or error in records result in any member, retirant, or beneficiary receiving from the system more or less than the member,...
- 88-106.5 Compromise and Settlement
. The board may compromise or settle any claim for benefits under this chapter; provided that, if the compromise or settlement would result in a...
- 88-107 Interest.
(a) The board of trustees shall annually allocate the interest and other earnings of the system to the funds of the system, as follows:...
- 88-108 Cash for Meeting Disbursements.
For the purpose of meeting disbursements for retirement allowances, pensions, annuities and other payments, there may be kept available cash, not exceeding ten per...
- 88-109 Funds of the System.
The assets of the system are assigned to the following funds hereby created: (1) The annuity savings fund; (2) The pension accumulation fund; and...
- 88-110 Board; Trustees of Funds.
The board of trustees shall be trustees of the several funds of the system and may invest and reinvest such funds as authorized by...
- 88-111 Custodian of the Funds.
The State director of finance shall be the custodian of the several funds. All payment from the funds shall be made by the director...
- 88-112 Annuity Savings Fund; Annual Statement.
The annuity savings fund shall be comprised of the members' accumulated contributions, which beginning July 1, 1988, shall include any contributions made by the...
- 88-113 Payments From Annuity Savings Fund.
Any lump sum payment of a member's contributions shall be charged against the annuity savings fund. When a member retires, the member's accumulated contributions...
- 88-114 Pension Accumulation Fund.
The pension accumulation fund shall be the fund in which shall be accumulated all contributions made by the State and any county and all...
- 88-115 Repealed.
L 1988, c 41, §8.
- 88-115.5 Repealed.
L 1998, c 151, §18.
- 88-116 Expense Fund.
The expense fund shall be the fund to which shall be credited all money to pay the administration expenses of the system, and from...
- 88-117, 118 Repealed.
L 1998, c 151, §§19, 20.
- 88-119 Investments.
Investments may be made in: (1) Real estate loans and mortgages. Obligations (as defined in section 431:6-101) of any of the following classes: (A)...
- 88-119.5 Investment Guidelines.
Notwithstanding any other law to the contrary, real estate loans and mortgages made pursuant to section 88-119(1)(D) and (E) shall be in accordance with...
- 88-120 Service Charges.
The board of trustees may pay out of any of the several funds held for investment, a reasonable amount to any person for servicing...
- 88-121 Power to Make Agreements to Protect Securities on Reorganization or Otherwise.
Anything in this part to the contrary notwithstanding, the board of trustees may enter into an agreement or agreements for the purpose of protecting...
- 88-121.5 Power to Enter Into Security Loan Agreements.
Anything in this part to the contrary notwithstanding, the board of trustees may enter into an agreement or agreements with a financially responsible stock...
- 88-122 Determination of Employer Normal Cost and Accrued Liability Contributions.
(a) Based on regular interest and such mortality and other tables as are adopted by the board of trustees, the actuary engaged by the...
- 88-123 Amount of Annual Contributions by the State and Counties.
The contribution payable in each year to the pension accumulation fund by the State and by each county shall be determined by allocating the...
- 88-124 Payment of State Contributions to the System.
(a) The State shall pay on a monthly basis to the various funds of the system the amounts payable by the State under this...
- 88-125 Contributions by Certain State Agencies.
(a) Each of the departments and agencies hereinafter described, the office of Hawaiian affairs, and the Hawaii health systems corporation shall reimburse the State...
- 88-126 Payment of County Contributions to the System.
(a) Commencing with fiscal year 2005-2006, each of the counties shall make contributions in accordance with section 88-123. The amounts payable under this part...
- 88-127 Guaranty.
Regular interest charges payable, the creation and maintenance of reserves in the pension accumulation fund and the maintenance of annuity reserves and pension reserves...
E. Special Benefits for Members in Military Service
- 88-131 Definitions.
As used in sections 88-131 to 88-142: "Service in the armed forces": active service (1) in military service, as defined in section 88-132, or...
- 88-132 Service Credit; Payment of Contributions.
(a) Every active member of the system who leaves active service of the State or any county for the purpose of entering the military...
- 88-132.5 Credit for Military Service
. (a) Any employee who becomes a member of the system in accordance with section 88-42 after June 17, 1996, and has rendered honorable active...
- 88-133 Benefits and Conditions Applicable to Service Member.
All service members shall by reason of their retention of membership in the system under the Servicemen's Act, have the status, be entitled to...
- 88-134 Service Retirement Benefit.
If a service member has terminated the service member's service with the armed forces and otherwise complies with the requirements of sections 88-73, 88-281,...
- 88-135 Ordinary Disability Retirement Benefit.
If a service member terminates the service member's service in the armed forces and complies with and fulfills the requirements of sections 88-75, 88-284,...
- 88-136 Accidental Disability Benefit.
Any member who has been incapacitated for duty by accident, act of war, or otherwise, occurring while the member is not in the service...
- 88-137 Ordinary Death Benefit.
If any service member dies, the service member shall be deemed to be on authorized leave without pay for the purposes of the ordinary...
- 88-138 Accidental Death Benefit.
If a service member dies by accident, act of war, or other cause, occurring while the service member is not in the active service...
- 88-139 Return of Contributions.
Any service member may resign from the system at any time, if the service member so chooses, and upon such resignation the service member...
- 88-140 Duration of Service Member's Status.
(a) An active member of the system who leaves active service of the State or any county for the purpose of entering the military...
- 88-141 Computation of Compensation Earned or Earnable.
In any case where it shall become necessary, for the purposes of sections 88-131 to 88-142, to determine the compensation or average compensation of...
- 88-142 Right of Amendment or Repeal Reserved; Retroactive Effect.
The provisions of sections 88-131 to 88-142 shall not be deemed to constitute a contract with any service member and the legislature reserves the...
PART III. POLICE OFFICERS, FIREFIGHTERS, AND
BANDSMEN PENSION SYSTEM
- 88-151 Application.
No member of the police force, fire department, or band who on May 2, 1927, was receiving a pension from the State shall be...
- 88-152 Certain Other Employees Included.
Whenever used in this part the term "police force" includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail....
- 88-153 Police Officers, Firefighters, and Bandsmen Pension System; Trustees, Powers.
There shall be in every county a police officers, firefighters, and bandsmen pension system which shall be governed and managed by a board of...
- 88-154 Officers of the Board; Duties.
The county clerk shall ex officio be the secretary of the board of trustees and shall keep in a separate book a true and...
- 88-155 Medical Board.
Assisting the board of trustees there shall be a medical board to be composed of three licensed physicians, one of whom shall be the...
- 88-156 Appropriations and Expenditure.
Annually the council of each county (or the city council in the case of the city and county of Honolulu) shall appropriate out of...
- 88-157 Use of Donations, Contributions, Gifts, or Bequests.
All moneys received by the board of trustees as donations, contributions, gifts, or bequests to be used for the purposes set forth in this...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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...
- 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,...
- 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...
- 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,...
- 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...
- 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...
- 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...
- 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...
- 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...
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...
- 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....
- 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...
- 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,...
- 88-185 Assistants; County Clerk, Attorney, and Treasurer.
The county clerk shall be the ex officio secretary of the pension board of the clerk's county and shall keep in a separate book...
- 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...
- 88-187 Payment, Conditions.
The pension system shall require as a prerequisite to the payment of a pension to any person: (1) That the person has attained the...
- 88-188 Additional Conditions.
The pension systems shall further provide, subject to this part, that: (1) If an employee becomes unable to work before the employee reaches the...
- 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...
- 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...
- 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...
- 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...
- 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)...
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...
- 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...
- 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...
- 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...
PART VI. FEDERAL SOCIAL SECURITY FOR
PUBLIC EMPLOYEES
- 88-211 Definitions.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-211 Definitions. For the purposes of...
- 88-212 Federal-State Agreement.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-212 Federal-state agreement. The state agency,...
- 88-213 Division of Retirement Systems.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-213 Division of retirement systems. The...
- 88-214 Modifications to Agreement.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-214 Modifications to agreement. The state...
- 88-215 Contributions by State Employees.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-215 Contributions by state employees. Every...
- 88-216 Collection of Contributions.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-216 Collection of contributions. The contribution...
- 88-217 Adjustments.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-217 Adjustments. If more or less...
- 88-218 Plans for Coverage of Employees of Political Subdivision.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-218 Plans for coverage of employees...
- 88-219 Referendum.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-219 Referendum. With respect to any...
- 88-220 Refusal or Termination of Plans.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-220 Refusal or termination of plans....
- 88-221 Payments by Political Subdivisions.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-221 Payments by political subdivisions. Each...
- 88-222 Contributions by Employees of Political Subdivisions.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-222 Contributions by employees of political...
- 88-223 Delinquent Payments.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-223 Delinquent payments. Delinquent payments due...
- 88-224 Contribution Fund; Established.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-224 Contribution fund; established. There is...
- 88-225 Purpose of Contribution Fund.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-225 Purpose of contribution fund. The...
- 88-226 Payments to Federal Government.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-226 Payments to federal government. From...
- 88-227 Custodian of Fund.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-227 Custodian of fund. The state...
- 88-228 Appropriations to Contribution Fund.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-228 Appropriations to contribution fund. (a)...
- 88-229 Rules and Regulations.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-229 Rules and regulations. The state...
- 88-230 Studies and Reports.
Extension of the Social Security Act provisions to East-West Center employees. L 2004, c 176, §§1 to 4. §88-230 Studies and reports. The state...
PART VII. RETIREMENT FOR CLASS C PUBLIC OFFICERS AND EMPLOYEES
A. Applicability of Part II
- 88-251 Applicability.
The following provisions of part II shall apply to this part: (1) Subpart A, except the definitions provided in section 88-21, unless expressly adopted...
B. Definitions
- 88-261 Definitions.
(a) The following words and phrases as used in this part shall have the same meanings as defined in section 88-21, unless a different...
C. Membership, Credited Service
- 88-271 Election.
(a) Any class A or class B member who: (1) Is in service on June 30, 1984, or who returns to service after June...
- 88-272 Credited Service.
Credited service includes: (1) Service by an employee rendered since becoming a member; (2) Service credited under part II as a class A or...
- 88-273 Break in Service; Reemployment.
(a) Any class C member who terminates service prior to accumulating ten years of credited service, excluding unused sick leave, shall cease to be...
D. Eligibility; Benefits
- 88-281 Service Retirement.
(a) A member who has ten years of credited service and has attained age sixty-two, or a member with thirty years credited service who...
- 88-282 Service Retirement Allowance.
Upon retirement from service, a member shall receive a retirement allowance as follows: (1) If the member has met the requirements in section 88-281(a),...
- 88-283 Election of Retirement Allowance Option.
(a) Upon retirement, any member may elect to receive the maximum retirement allowance to which the member is entitled, computed in accordance with section...
- 88-284 Ordinary Disability Retirement.
(a) Upon application of a member in service or on leave without pay, or the person appointed by the family court as guardian of...
- 88-285 Service-Connected Disability Retirement.
A member who would be eligible to receive a service-connected disability retirement allowance pursuant to section 88-79 shall receive a maximum retirement allowance of...
- 88-286 Death Benefit.
(a) The surviving spouse or reciprocal beneficiary and children under the age of eighteen of a member at the time of the member's death...
PART VIII. RETIREMENT FOR CLASS H PUBLIC OFFICERS
AND EMPLOYEES
A. Applicability of Part II
- 88-301 Applicability.
The following provisions of part II of this chapter shall apply to this part: (1) Subpart A; (2) Subpart B, except sections 88-45, 88-46,...
B. Definitions
- 88-311 Definitions.
The following words and phrases as used in this part shall have the following meanings, unless a different meaning is plainly required by the...
C. Membership, Credited Service
- 88-321 Election and Membership.
(a) Any member, except for a member described in subsection (c), who is in service on June 30, 2006, may elect to become a...
- 88-322 Conversion of Previous Credited Service.
(a) Class C members who are in service on June 30, 2006, and make the election to become class H members pursuant to section...
- 88-323 Class H Credited Service.
Class H credited service includes: (1) Service by an employee rendered since becoming a class H member; (2) Service credited under part II as...
- 88-324 Acquisition of Membership Service.
(a) Under rules as the board may adopt, any class H member may file with the system a statement of all service as an...
- 88-325 Employee Contributions.
(a) Each class H member, who became a member before July 1, 2012, shall contribute six per cent of the member's compensation to the...
- 88-326 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 H member...
D. Eligibility; Benefits
- 88-331 Service Retirement.
(a) A class H member who: (1) Became a member before July 1, 2012, has at least five years of credited service, and has...
- 88-332 Service Retirement Allowance.
(a) Upon retirement from service, a class H member who became a member before July 1, 2012, shall receive a maximum retirement allowance as...
- 88-333 Election of Retirement Allowance Option.
(a) Upon retirement: (1) Any class H member may elect to receive the maximum retirement allowance to which the member is entitled, computed in...
- 88-334 Ordinary Disability Retirement.
(a) Upon application of a class H member in service or on leave without pay, or the person appointed by the family court as...
- 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...
- 88-336 Service-Connected Disability Retirement.
(a) Upon application of a class H member, or the person appointed by the family court as guardian of an incapacitated member, any class...
- 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...
- 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...
- 88-339 Accidental Service-Connected Death Benefit
. (a) In the case of an accidental death as determined by the board pursuant to section 88-85.5, there shall be paid to the member's...
- 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...
- 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...
- 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...
- 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...
- 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...
Last modified: October 27, 2016