2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 7. PUBLIC OFFICERS AND EMPLOYEES
88. Pension and Retirement Systems
§88-42.6 Membership of elective officers.

[§88-42.6] Membership of elective officers. (a) An elective officer shall be a member of the employees' retirement system; provided that an elective officer shall have a one-time election to be excluded from membership in the employees' retirement system.

(b) Unless the elective officer is a member of the system, a former member of the system, or a retirant, an elective officer shall make the election to be excluded from membership in the system no later than thirty days following the elective officer's taking office. The election shall be irrevocable. If the elective officer fails to make an election to be excluded from membership in the system within the period allowed for making the election, the elective officer shall become a member effective as of the date the elective officer takes office.

(c) Notwithstanding section 88-21, 88-98, 88-273(c), or 88-344, or any other law to the contrary, the retirement allowance of a retirant who returns to service as an elective officer shall not be suspended if the retirant:

(1) Retired pursuant to section 88-73(d); or

(2) Has been retired for at least twelve consecutive months prior to return to service and elects to have the retirement allowance continue. The election whether or not to have the retirant's retirement allowance continue shall be irrevocable and shall be made no later than thirty days following the retirant's first return to service as an elective officer.

If the retirant's retirement allowance is not suspended, the retirant shall not become a member of the system and shall not earn additional service credit or gain any additional retirement benefits.

(d) An elective officer who retired pursuant to section 88-73(d) shall not be eligible for membership in the system while serving as an elective officer. [L 2008, c 47, §2]

Note

L 2008, c 47, §§13 to 15 provide:

"SECTION 13. Elective officers in office on the effective date of this Act [October 1, 2008], who are not retirants of the employees' retirement system, shall be deemed to have exercised the one-time election under subsection (a) of the new section added to chapter 88, Hawaii Revised Statutes, by section 2 of the Act [section 88-42.6].

SECTION 14. Elective officers who are retirants of the employees' retirement system of the State of Hawaii shall make an election, not later than the effective date of this Act [October 1, 2008], whether or not to have their retirement allowance continue as provided by section 2 of this Act [section 88-42.6]. If the elective officer makes no election, the elective officer's retirement allowance shall continue. An elective officer whose retirement allowance continues pursuant [to] this section shall not be eligible for membership in the employees' retirement system of the State of Hawaii while serving as an elective officer.

SECTION 15. The requirement of section 2 of this Act [section 88-42.6], that a retirant who returns to service as an elective officer shall have been retired for a least twelve consecutive months prior to return to service to be eligible to make an election to have the retirant's retirement allowance continue, shall not be applicable to any retirant who returns to service as an elective officer prior to January 3, 2009, provided that the retirant did not retire as an elective officer."