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2022 Hawaii Revised Statutes
Title 7. Public Officers and Employees
88. Pension and Retirement Systems
PART I. GENERAL PROVISIONS
A. Miscellaneous
AND EMPLOYEES
A. Definitions; Board of Trustees
BANDSMEN PENSION SYSTEM
A. Applicability of Part II B. Definitions C. Membership, Credited Service
AND EMPLOYEES
A. Applicability of Part II
A. Miscellaneous
- 88-1 Restrictions.
- 88-1.2 Civil unions
- 88-2 Minimum pension.
- 88-3 Payment on death of pensioner.
- 88-4 Medical aid, etc., when free.
- 88-5 List of pensioners, who shall provide.
- 88-6 Payment of refunds and retirement benefits.
- 88-7 County pensioners; post retirement allowance.
- 88-8 University of Hawaii optional retirement system.
- 88-9 Employment of retirants.
- 88-11 Bonus; pensioners' special compensation; amounts available.
- 88-12 Bonus; requirements, limitations.
- 88-13 Bonus; retirants not eligible for.
- 88-14 Bonus; authority to pay.
- 88-15 Bonus; waiver by veteran.
- 88-16 Bonus; appropriation.
- 88-17 Bonus payment; limitation.
AND EMPLOYEES
A. Definitions; Board of Trustees
- 88-21 Definitions.
- 88-21.5 Compensation.
- 88-22 System established; name.
- 88-22.5 Federal tax qualification requirements.
- 88-23 General administration of system vested in board.
- 88-24 Composition of board.
- 88-25 Vacancy.
- 88-26 Expenses of trustees.
- 88-27 Oath of trustees.
- 88-27.5 Closed meetings of the board; authorized.
- 88-28 Voting; rules.
- 88-29 Officers, employees, legal adviser.
- 88-29.5 Investment personnel.
- 88-30 Actuary.
- 88-31 Medical board.
- 88-32 REPEALED.
- 88-33 Prohibited interest of trustees and employees of board.
- 88-41 Limitation of other statutes.
- 88-42 Membership generally.
- 88-42.5 Membership of employees holding more than one position, appointment, or office.
- 88-42.6 Membership of elective officers.
- 88-43 Persons ineligible for membership.
- 88-44 Enrollment.
- 88-45 Employee contributions.
- 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] Revision Note Section was enacted as an addition to subpart A but was codified to this subpart pursuant to §23G-15.
- 88-45.5 Acceptance of rollovers and transfers from other plans.
- 88-46 Deducting employee contributions from salary and employer pick up of employee contributions.
- 88-46.5 REPEALED.
- 88-46.6 Erroneous contributions from compensation of class C members; contributions from overpaid compensation.
- 88-47 Membership.
- 88-48 Deduction in class A member's account.
- 88-49 Employees paid partly from federal funds.
- 88-49.3 Employees paid from certain federal funds.
- 88-49.5 Certain employees subject to federal retirement system; election.
- 88-49.7 East-West center employees.
- 88-50 Computation of year of service.
- 88-50.5 Credit for mandatory maternity leave.
- 88-51 Membership service generally.
- 88-51.5 REPEALED.
- 88-52 Service while a member of the legislature.
- 88-53 (Reserved)
- 88-54 Service while legislative employee.
- 88-54.2 Session employees of the legislature; exempt from mandatory enrollment.
- 88-54.5 Service while 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.
- 88-56 REPEALED.
- 88-57 Prior service generally.
- 88-58 Prior service credit while per diem employee.
- 88-59 Acquisition of membership service.
- 88-59.5 Previous membership service credit for legislative officers.
- 88-59.6 REPEALED. L 2008, c 47, §12.
- 88-60 Members whose services are on loan to other governments.
- 88-61 Termination of membership.
- 88-62 Return to service of a former member.
- 88-63 Credit for unused sick leave.
- 88-70 Third application for retirement; withdrawal prohibited and retirement mandatory.
- 88-71 Credited service at retirement.
- 88-72 REPEALED.
- 88-73 Service retirement.
- 88-74 Allowance on service retirement.
- 88-74.5 Finalizing of pensions.
- 88-74.6 Unreduced allowance on service retirement; when applicable.
- 88-74.7 Commencement of benefits on required beginning date.
- 88-74.8 Forfeiture of benefits; felony convictions.
- 88-75 Ordinary disability retirement.
- 88-76 Allowance on ordinary disability retirement.
- 88-77, 78 REPEALED.
- 88-79 Service-connected disability retirement.
- 88-80 Allowance on retirement for service-connected disability.
- 88-81 Average final compensation.
- 88-81.5 Federal tax limits on annual compensation.
- 88-82 Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs.
- 88-83 Election of retirement allowance option.
- 88-83.5 Benefit limitations.
- 88-84 Ordinary death benefit.
- 88-84.5 Federal limits on annual compensation for ordinary death benefit.
- 88-85 Accidental death benefit.
- 88-85.5 Applications for accidental death benefits; approval by the system.
- 88-86 REPEALED.
- 88-87 Adjustment for deficiency in accumulated contributions.
- 88-88 Adjustment of retirement allowances of retirants.
- 88-89 Minimum amount.
- 88-90 Post retirement allowances.
- 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 of any other mandatory fixed scheduled increase in the benefits payable under part II, VII, or VIII, as an actuarial assumption for the purpose of determining the value of the options available under sections 88-83, 88-283, and 88-333. (b) Subject to the recommendation of the actuary appointed under section 88-29, the board may adopt, by motion at any duly noticed meeting of the board, actuarial tables, factors, and assumptions for the purposes of parts II, VII, and VIII. The tables, factors, and assumptions that are used to compute benefits shall be in writing and certified by the executive director. [L 2005, c 56, §2; am L 2007, c 215, §15; am L 2013, c 23, §4]
- 88-91 Exemption from taxation and execution.
- 88-92 Garnishment in certain cases; procedure.
- 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.
- 88-93.5 Distribution of property in a divorce action. (a) As used in this section: "Alternate payee" means a spouse or former spouse of a member, a former member who has vested benefit status, or retirant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable by the system with respect to that member, former member with vested benefit status, or retirant. "Benefits payable with respect to a member, a former member with vested benefit status, or retirant" means any payment required to be made to a member, a former member with vested benefit status, or retirant. "Domestic relations order" means a judgment, decree, or order, including approval of a property settlement agreement, that: (1) Relates to the provision of marital property rights to a spouse or former spouse of a member, a former member with vested benefit status, or retirant; and (2) Is made pursuant to a domestic relations law of this State or another state. "Hawaii domestic relations order" means a domestic relations order that: (1) Creates or recognizes the right of an alternate payee, or assigns to an alternate payee, the right to receive all or a portion of the benefits payable with respect to a member, a former member with vested benefit status, or retirant under the system; (2) Directs the system to disburse benefits to the alternate payee; and (3) Meets the requirements of this section. (b) A Hawaii domestic relations order shall clearly specify: (1) The name and last known mailing address, if any, of the member, former member with vested benefit status, or retirant; (2) The name and mailing address of the alternate payee covered by the order; (3) The amount or percentage of the member's, former member's with vested benefit status, or retirant's benefits to be paid by the system to the alternate payee, or the manner in which the amount or percentage is to be determined; and (4) That the order applies to the system. (c) If, pursuant to a Hawaii domestic r
- 88-94 Withholding of income taxes.
- 88-95 Withholding of dues and insurance premiums.
- 88-96 Rights of members separated from service.
- 88-97 Return to service of a member who has vested benefit status.
- 88-98 Return to service of a retirant.
- 88-99 Moratorium on benefit enhancements
- 88-100 Payment by employers of costs associated with significant non-base pay increases.
- 88-101 Payment of existing pensions.
- 88-102 Classification of members.
- 88-103 Records.
- 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 of pension, annuity, or retirement allowance deductions, as follows: name, social security number, and amounts and dates of both voluntary and mandatory deductions remitted to the recipient; and (2) Release the records of its retirants and beneficiaries to the Hawaii employer-union health benefits trust fund for the disbursement of payments authorized under section 87A-23. (b) Any government agency or employee organization receiving government records pursuant to this section shall be subject to the same restrictions on disclosure of the records as the originating agency. (c) The following documents relating to the system's alternative investments shall be exempt from disclosure under chapter 92F: (1) Private placement memoranda; (2) Fund agreements and related documents, including subscription agreements, management agreements, side letters, guarantees, credit facility agreements, participation agreements, and trust documents; (3) Confidential presentations or recommendations made to the system; (4) Due diligence memoranda and other due diligence materials, including due diligence questionnaires; (5) Documents containing information on any portfolio company, real property, or any other assets held by an alternative investment vehicle; (6) Financial statements and other documents containing financial information of a fund or its general partner or manager, whether audited or unaudited, including but not limited to statements or information related to: (A) Income statements; (B) Balance sheets; (C) Cash flows; (D) Capital accounts; (E) Investment rate-of-returns, including internal rate of returns and time-weighted rate of returns; (F) Cash or in-kind distributions; (G) Carried interests; (H) Management and other fees; and (I) Return multiples; (7) Confidential correspondences between an alternative investmen
- 88-103.7 Information from the State and counties. (a) To fulfill its responsibilities under this chapter, the system shall require any department or agency of the State or counties to furnish information to the system to carry out the purposes of this chapter. The system shall specify the format in which the information shall be furnished. Without limitation of the foregoing, the system shall require that information be furnished in electronic format and that information with respect to payroll and personnel transactions: (1) Allocate payments, including bonuses, salary adjustments, payments for compensatory time, and workers' compensation, to monthly or other periods as requested by the system; (2) Specify the purpose or nature of the payment; and (3) Indicate any changes or errors in payments that require correcting or updating. (b) All departments and agencies of the State or counties shall furnish the information required by the system pursuant to this section in the format required by the system. The system shall notify each department or agency of the State or counties that is required to furnish information to the system of any change in the required format for the information. Each department or agency shall have one hundred eighty days from the date of the receipt of the notice of a change in the required format to update the format in which the required information is provided to the system. (c) If a department or agency of the State or county fails to furnish the system with the information required pursuant to this section in the format required by the system, the State or county shall pay to the system, on the first day of the fiscal year following the fiscal year in which the failure to furnish the required information occurred, an amount equal to the employer contributions payable by the State or county, relative to the department or agency that is not in compliance with this section, during the fiscal year in which the failure to furnish the required information occurred. This amount shall be applied to co
- 88-104 Actuarial data.
- 88-105 Actuarial investigations, valuations.
- 88-105.5 Stress test; annual report.
- 88-106 Correction of errors.
- 88-106.5 Compromise and settlement
- 88-107 Interest.
- 88-108 Cash for meeting disbursements.
- 88-109 Funds of the system.
- 88-110 Board; trustees of funds.
- 88-111 Custodian of the funds.
- 88-112 Annuity savings fund; annual statement.
- 88-113 Payments from annuity savings fund.
- 88-114 Pension accumulation fund.
- 88-115 REPEALED.
- 88-115.5 REPEALED. L 1998, c 151, §18.
- 88-116 Expense fund.
- 88-117, 118 REPEALED.
- 88-119 Investments.
- 88-119.5 Investment guidelines.
- 88-120 Service charges.
- 88-121 Power to make agreements to protect securities on reorganization or otherwise.
- 88-121.5 Power to enter into security loan agreements.
- 88-122 Determination of employer normal cost and accrued liability contributions.
- 88-123 Amount of annual contributions by the State and counties.
- 88-124 Payment of state contributions to the system.
- 88-125 Contributions by certain state agencies.
- 88-126 Payment of county contributions to the system.
- 88-126.5 Advance payments of state and county contributions to the system.
- 88-127 Guaranty.
- 88-131 Definitions.
- 88-132 Service credit; payment of contributions.
- 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 military service in the armed forces of the United States, may be credited with membership service credit for active military service of up to four years or the actual number of years of active military service, whichever is less, as follows: (1) Any member with ten years of credited service in the system may be credited with up to two years of membership service credit; (2) Any member with twenty years of credited service in the system may be credited with up to three years of membership service credit; and (3) Any member with twenty-five years of credited service in the system may be credited with up to four years of membership service credit. (b) Any employee who became a member of the system in accordance with section 88-42 before June 18, 1996, and has rendered honorable active military service in the armed forces of the United States, may be credited with membership service credit for active military service of up to four years or the actual number of years of active military service, whichever is less, as follows: (1) Any member with eight years of credited service in the system may be credited with up to two years of membership service credit; (2) Any member with twenty years of credited service in the system may be credited with up to three years of membership service credit; and (3) Any member with twenty-five years of credited service in the system may be credited with up to four years of membership service credit. (c) Any retirant receiving a pension or retirement allowance under this chapter, who retired prior to July 2, 1989, who rendered honorable active military service in the armed forces of the United States and who had at least eight years of credited service in the system at retirement, shall be eligible for an increase in pension or retirement allowance for each year of military service up to four years, as follows: (1) A reti
- 88-133 Benefits and conditions applicable to service member.
- 88-134 Service retirement benefit.
- 88-135 Ordinary disability retirement benefit.
- 88-136 Accidental disability benefit.
- 88-137 Ordinary death benefit.
- 88-138 Accidental death benefit.
- 88-139 Return of contributions.
- 88-140 Duration of service member's status.
- 88-141 Computation of compensation earned or earnable.
- 88-142 Right of amendment or repeal reserved; retroactive effect.
BANDSMEN PENSION SYSTEM
- 88-151 Application.
- 88-152 Certain other employees included.
- 88-153 Police officers, firefighters, and bandsmen pension system; trustees, powers.
- 88-154 Officers of the board; duties.
- 88-155 Medical board.
- 88-156 Appropriations and expenditure.
- 88-157 Use of donations, contributions, gifts, or bequests.
- 88-158 Disability retirement benefits.
- 88-159 Reexamination of disability beneficiary; hearing.
- 88-160 Service retirement benefits.
- 88-161 Dismissal after twenty years' service; pensions.
- 88-162 Dismissal after ten years' service; pension.
- 88-163 Death benefits: funeral expenses; payments to dependents.
- 88-164 Benefits in lieu of other payments.
- 88-165 Adjustments of pensions.
- 88-166 Computation; service as police officer, firefighter, or bandsman.
- 88-167 Computation; prior credits.
- 88-168 Orders, discipline, medical examination, etc.
- 88-169 Payments of pensions; inalienable.
- 88-170 Forfeiture of pension.
- 88-171 Public hearings; notice.
- 88-181 Pension boards created.
- 88-182 Members: appointment, terms, removals.
- 88-183 Qualifications.
- 88-184 Expenses; appropriations.
- 88-185 Assistants; county clerk, attorney, and treasurer.
- 88-186 Meetings.
- 88-187 Payment, conditions.
- 88-188 Additional conditions.
- 88-189 Widow's, widower's, and reciprocal beneficiary's pensions.
- 88-190 Amount.
- 88-191 Computation of service.
- 88-192 Examination by physician.
- 88-193 Compliance with law required.
- 88-201 Pensions eligible.
- 88-202 Restrictions as to personnel.
- 88-203 Limitation of amount.
- 88-204 County appropriations directed.
- 88-211 Definitions.
- 88-212 Federal-state agreement.
- 88-213 Division of retirement systems.
- 88-214 Modifications to agreement.
- 88-215 Contributions by state employees.
- 88-216 Collection of contributions.
- 88-217 Adjustments.
- 88-218 Plans for coverage of employees of political subdivision.
- 88-219 Referendum.
- 88-220 Refusal or termination of plans.
- 88-221 Payments by political subdivisions.
- 88-222 Contributions by employees of political subdivisions.
- 88-223 Delinquent payments.
- 88-224 Contribution fund; established.
- 88-225 Purpose of contribution fund.
- 88-226 Payments to federal government.
- 88-227 Custodian of fund.
- 88-228 Appropriations to contribution fund.
- 88-229 Rules and regulations.
- 88-230 Studies and reports.
A. Applicability of Part II B. Definitions C. Membership, Credited Service
- 88-271 Election.
- 88-272 Credited service.
- 88-273 Break in service; reemployment.
- 88-321 Election and membership.
- 88-322 Conversion of previous credited service.
- 88-323 Class H credited service.
- 88-324 Acquisition of membership service.
- 88-325 Employee contributions.
- 88-326 Deducting employee contributions from salary and employer pick up of employee contributions.
- 88-281 Service retirement.
- 88-282 Service retirement allowance.
- 88-283 Election of retirement allowance option.
- 88-284 Ordinary disability retirement.
- 88-285 Service-connected disability retirement.
- 88-286 Death benefit.
- 88-331 Service retirement.
- 88-332 Service retirement allowance.
- 88-333 Election of retirement allowance option.
- 88-334 Ordinary disability retirement.
- 88-335 Ordinary disability retirement allowance.
- 88-336 Service-connected disability retirement.
- 88-337 Service-connected disability retirement allowance.
- 88-338 Ordinary death benefit.
- 88-339 Accidental service-connected death benefit
- 88-340 Termination of membership.
- 88-341 Rights of members separated from service.
- 88-342 Return to service of a former member without vested benefit status.
- 88-343 Return to service of a former member who has vested benefit status.
- 88-344 Return to service of a retirant.
AND EMPLOYEES
A. Applicability of Part II
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