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88-32 Repealed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88-46.5 Repealed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88-51.5 Repealed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
88-55.5 Service of Hawaii national guard members on state
active duty; exempt from mandatory enrollment
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
88-64 Retroactive reinstatement; retroactive rescission
of suspension; retroactive payments
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
88-74.8 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
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
88-126.5 Advance payments of state and 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.
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).