Report Title:

Reciprocal Beneficiaries; Clarification

Description:

Clarifies that individuals who are recognized to be in a bona fide reciprocal beneficiary relationship and who are related by blood in a way that they are prohibited from marrying each other need not be in a "spouse-like" relationship with each other.

THE SENATE	S.B. NO.	2115
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to reciprocal beneficiaries.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 572C-4, Hawaii Revised Statutes, is amended to read as follows:

     "§572C-4  Requisites of a valid reciprocal beneficiary relationship.  In order to enter into a valid reciprocal beneficiary relationship, it shall be necessary that:

     (1)  Each of the parties be at least eighteen years old;

     (2)  Neither of the parties be married nor a party to another reciprocal beneficiary relationship;

     (3)  The parties be legally prohibited from marrying one another under chapter 572; provided that the parties are not required to be in a spouse-like relationship with each other.  For purposes of illustration only and not to be construed as limiting the application of this paragraph, two parties that include an unmarried widower and the unmarried widower's unmarried son or daughter, an unmarried grandparent and grandson or granddaughter, or two unmarried siblings shall qualify under this paragraph;

     (4)  Consent of either party to the reciprocal beneficiary relationship has not been obtained by force, duress, or fraud; and

     (5)  Each of the parties sign a declaration of reciprocal beneficiary relationship as provided in section 572C-5."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

INTRODUCED BY:

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