§88‑344  Return to service of a retirant.  (a)  Any retirant who retired under the provisions of part VIII of this chapter and returns to service requiring membership in the system as a class H member shall be reenrolled as an active member, and the retirant's retirement allowance shall be suspended.  When the member again retires, the retirement allowance shall be the sum of:

     (1)  The allowance to which the member was entitled under the retirement allowance option selected when the member previously retired and which was suspended; and

     (2)  For the period of service during the member's reemployment, the allowance to which the member is entitled for that service based on the retirement allowance option initially selected and computed for the member's age, average final compensation, and other factors in accordance with the benefit formula of a class H member in existence at the time of the member's final retirement.

     (b)  Any retirant who retired under part VIII and returns to service requiring membership in the system as a class A or class B member shall be reenrolled as an active member, and the retirant's retirement allowance shall be suspended.  When the member again retires, the retirement allowance shall be the sum of:

     (1)  The allowance to which the member was entitled under the retirement allowance option selected when the member previously retired and which was suspended; and

     (2)  For the period of service during the member's reemployment, the allowance to which the member is entitled for that service based on the retirement allowance option initially selected and computed for the member's age, average final compensation, and other factors in accordance with the benefit formula of a class A or class B member in existence at the time of the member's final retirement.

     (c)  Any retirant who received the special retirement incentive benefit under Act 253, Session Laws of Hawaii 2000, and is reemployed by the State or a county in any capacity shall:

     (1)  Have the retirant's retirement allowance suspended;

     (2)  Forfeit the special retirement incentive benefit and any related benefit provided by chapter 88; and

     (3)  Be subject to the age and service requirements under section 88‑331 when the member again retires.

     (d)  If a retirant's designation of beneficiary was irrevocable upon the retirant's initial retirement, the retirant may not change the retirant's designated beneficiary when the retirant returns to service or when the former retirant again retires.

     (e)  The board shall adopt any rules as may be required to administer the purposes of this section. [L 2004, c 179, pt of §1; am L 2006, c 169, §40]