§88-43  Persons ineligible for membership.  Except with respect to faculty members or lecturers employed on one or more campuses of the University of Hawaii who hold multiple part-time appointments or positions, in such capacities, any of which may be less than one-half of a full-time equivalent but all of which, when added together, aggregate to at least one-half of a full-time equivalent position, the board may deny membership to any class of part-time employees or persons engaged in temporary employment of three months or less; provided that no officer or employee entering service after January 1, 1928, who is entitled to become a member of any pension system under part III shall be entitled to become a member of the system. [L 1925, c 55, §3(3); am imp L 1927, c 251, §§1, 2, 5; am imp L 1929, c 190, §1; RL 1935, pt of §7922; RL 1945, pt of §703; am L 1955, c 141, §1(c); RL 1955, §6-25; am L 1961, c 181, §2; HRS §88-43; am L 1969, c 110, pt of §1; am L 2003, c 119, §3; am L 2008, c 47, §5]

Case Notes

  Per diem employees are included in class of part-time employees to whom agency may deny membership in the system under this section and its implementing administrative rule.  Because at least portions of plaintiff's time as per diem judge fell within categories specified in the rule, agency correctly determined that plaintiff did not qualify for full-time credited service under the retirement law.  75 H. 42, 856 P.2d 1227.

  Where appellant made year-round contributions to the employees' retirement system (ERS) as a regular school-year teacher through deductions from her academic-year salary, §88-42.5 and this section did not preclude appellant from remaining eligible for ERS service-connected disability retirement benefits under §88-79 simply because the disabling accident to appellant did not occur while appellant was working in the position that provided appellant's ERS membership eligibility.  140 H. 177, 398 P.3d 766 (2017).