572C-1 Purpose

   572C-2 Findings

   572C-3 Definitions

   572C-4 Requisites of a valid reciprocal beneficiary


   572C-5 Registration as reciprocal beneficiaries; filing fees;


   572C-6 Rights and obligations

   572C-7 Termination of reciprocal beneficiary relationship;

          filing fees and records; termination upon marriage




  L 2012, c 267, §§16 and 17 provide:

  "SECTION 16.  [Section retroactive to October 3, 2011.  L 2012, c 267, §20(1).]  If two individuals terminated a reciprocal beneficiary relationship on or after October 3, 2011, but before the date this Act became law upon its approval [Act effective retroactive to January 1, 2012, and approved July 6, 2012], and the two individuals subsequently enter or entered into a civil union no later than ninety days after their reciprocal beneficiary relationship terminated, their reciprocal beneficiary relationship shall be deemed to continue uninterrupted until the civil union is or was solemnized.  The couple shall suffer no loss or interruption of any rights, benefits, protections, or obligations derived from their reciprocal beneficiary relationship, and those rights, benefits, protections, or obligations shall be deemed to have accrued as of the first date they existed under the beneficiary relationship, if they meet the requirements of this section.

  For purposes of this section, holding title to property as tenants by the entirety shall be included among the rights of a reciprocal beneficiary relationship that shall continue uninterrupted under this section; provided that no intervening liens were perfected and attached on the property after the reciprocal beneficiary relationship was terminated, and before the date this Act became law upon its approval [Act effective retroactive to January 1, 2012, and approved July 6, 2012].

  SECTION 17.  Notwithstanding subsection 572C-7(c), Hawaii Revised Statutes, if before the effective date of this section [retroactive to January 1, 2012], two individuals entered into a valid legal union in another jurisdiction that is not a marriage recognized under chapter 572, Hawaii Revised Statutes, and is substantially equivalent to a civil union under chapter 572B, Hawaii Revised Statutes, and are also parties to a reciprocal beneficiary relationship in this State, the reciprocal beneficiary relationship shall terminate and their valid legal union entered into in another jurisdiction shall be recognized as a civil union under section 572B-10, Hawaii Revised Statutes, on the voluntary termination of the reciprocal beneficiary relationship under subsection 572C-7(a), Hawaii Revised Statutes, but no later than one year after the date this Act becomes law upon its approval [Act effective retroactive to January 1, 2012, and approved July 6, 2012]."

  Civil union or reciprocal beneficiary relationship in existence before December 2, 2013 not invalidated by L Sp 2013 2d, c 1.  L Sp 2013, c 1, §11.


Cross References


  Continuity of rights; civil union and reciprocal beneficiary relationships, see §572-1.7.


Law Journals and Reviews


  Hawaii's Loss of Consortium Doctrine:  Our Substantive, Relational Interest Focus.  VII HBJ No. 13, at pg. 59.

  The Hawai‘i Marriage Amendment:  Its Origins, Meaning and Fate.  22 UH L. Rev. 19.

  The Recognition of Same-Sex Relationships:  Comparative Institutional Analysis, Contested Social Goals, and Strategic Institutional Choice.  28 UH L. Rev. 23 (2005).

  Extending Loss of Consortium to Reciprocal Beneficiaries:  Breaking the Illogical Boundary Between Severe Injury and Death in Hawai‘i Tort Law.  28 UH L. Rev. 429 (2006).

  Tax Justice and Same-Sex Domestic Partner Health Benefits:  An Analysis of the Tax Equity For Health Plan Beneficiaries Act.  32 UH L. Rev. 73 (2009).

  Baehr v. Lewin and the Long Road to Marriage Equality.  33 UH L. Rev. 705 (2011).



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