CHAPTER 88

PENSION AND RETIREMENT SYSTEMS

 

Part I. General Provisions

 

A. Miscellaneous

Section

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

 

B. Pensioners' Bonus

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

 

Part II. Retirement for Public Officers 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88-32 Repealed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

 

B. Membership; Service

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

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88-46.5 Repealed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88-51.5 Repealed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

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

 

C. Benefits

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

88-75 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

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

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

 

D. Administration; Financing

88-101 Payment of existing pensions

88-102 Classification of members

88-103 Records

88-103.5 Disclosure of information

88-103.7 Information from the State and counties

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, 115.5 Repealed

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

88-127 Guaranty

 

E. Special Benefits for Members in Military Service

88-131 Definitions

88-132 Service credit; payment of contributions

88-132.5 Credit for military service

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

 

Part III. Police Officers, Firefighters, and

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

 

Part IV. Municipal and County Pension Systems

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

 

Part V. Other County Pensions

88-201 Pensions eligible

88-202 Restrictions as to personnel

88-203 Limitation of amount

88-204 County appropriations directed

 

Part VI. Federal Social Security for Public Employees

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

 

Part VII. Retirement for Class C Public Officers and

Employees

 

A. Applicability of Part II

88-251 Applicability

 

B. Definitions

88-261 Definitions

 

C. Membership, Credited Service

88-271 Election

88-272 Credited service

88-273 Break in service; reemployment

 

D. Eligibility; Benefits

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

 

Part VIII. Retirement for Class H Public Officers

and Employees

 

A. Applicability of Part II

88-301 Applicability

 

B. Definitions

88-311 Definitions

 

C. Membership, Credited Service

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

 

D. Eligibility; Benefits

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

 

Note

 

Investment reporting, etc. L 2007, c 192.

Reports to 2016-2020 legislature on state and county departments' and agencies' progress in complying with 88-103.7, as amended by L 2015, c 87, by July 1, 2020. L 2015, c 87, 2.

 

Attorney General Opinions

 

Death benefits upon an employee's demise do not accrue to hanai children. Att. Gen. Op. 93-1.

 

Case Notes

 

Court lacked subject matter jurisdiction over class action suit against system for alleged violations of chapter. 73 H. 9, 828 P.2d 260.

Plaintiff's claim that plaintiff had earned full-time membership credit in employees' retirement system as a result of plaintiff's service as a per diem district court judge, was at odds with specific mandates of this chapter, and to sustain it would lead to an unjust and unreasonable result. 75 H. 42, 856 P.2d 1227.

While the accrual and extent of an employee's benefits are governed by the applicable statutory provisions of this chapter, the duty of the employees' retirement system to pay accrued benefits is deemed to be contractual under article XVI, 2 of the Hawaii constitution; thus, a circuit court's jurisdiction under 661-1(1) over such claims is "founded upon contract", as well as statute and the circuit court did not err in rejecting defendant's contention that plaintiffs' claims were barred by sovereign immunity. 121 H. 462 (App.), 220 P.3d 1043.

Respondent employees' retirement system's (ERS) interpretation [that "compensation", is "pay or salary that is tied to services rendered and not reimbursement for employee expenses",] was not "palpably erroneous" given the ambiguity of the statutory language at issue and its subsequent history, the entire statutory scheme, and respondent ERS' long-standing interpretation and consistent practice to exclude car, uniform, and firearm allowances from its definition and calculation of "compensation", and was entitled to persuasive weight. 129 H. 107 (App.), 295 P.3d 977 (2013).

 

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