§88-73 - Service retirement. - Hawaii Statutes

     §88-73  Service retirement.  (a)  Any member who has at least five years of credited service and who has attained age fifty-five or any member who has at least twenty-five years of credited service or any member who has at least ten years of credited service, which includes service as a judge before July 1, 1999, an elective officer, or a legislative officer, shall become eligible to receive a retirement allowance after the member has terminated service.

     (b)  Any member who first earned credited service as a judge after June 30, 1999, and who has at least five years of credited service and has attained age fifty-five or has at least twenty-five years of credited service shall become eligible to receive a retirement allowance after the member has terminated service.

     (c)  A member may retire upon the written application specifying the date of retirement, which shall not be less than thirty days nor more than one hundred fifty days subsequent to the date of filing.  Retirement shall be effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed.

     (d)  Any member of the legislature who attains age sixty-five may retire and receive a service retirement allowance although the member continues to fill the elective position.

     (e)  In the case of a class A or B member who also has prior credited service under part VII or part VIII, total credited service as a class A, class B, class C, and class H member shall be used to determine the eligibility for retirement allowance. [L 1925, c 55, §6(1); RL 1935, pt of §7925; RL 1945, §708, subs 1; am L 1947, c 85, §1(c); RL 1955, §6-41; am L 1957, c 24, §1 and c 231, §1(b); am L 1959, c 67, §1; am L 1961, c 175, §1; am L 1963, c 127, §3; am L 1964, c 62, §4; HRS §88-63; am L 1969, c 110, pt of §1; am L 1971, c 90, §2; am L 1975, c 199, §1; am L 1982, c 115, §2; am L 1984, c 85, §2; am L 1987, c 117, §1; am L 1991, c 96, §1(2); am L 1998, c 151, §5; am L 1999, c 65, §2; am L 2002, c 128, §4; am L 2003, c 118, §3; am L 2004, c 179, §9; am L 2008, c 47, §9]

 

Note

 

  L 2008, c 47, §16 provides:

  "SECTION 16.  Sections 8 and 9 of this Act [amending sections 88-61 and 88-73] shall not be applied to affect the rights of any retirants, as defined in section 88-21, Hawaii Revised Statutes, who retired prior to the effective date of this Act [October 1, 2008], or rights of the beneficiaries or survivors of those retirants."

 

Attorney General Opinions

 

  Paragraph (3) authorizes payment of allowance only to a legislator over 65; all other retirees who reenter government service not entitled to continuation of allowance.  Att. Gen. Ops. 66-26, 68-15.

  Precludes board of regents from adopting a mandatory retirement policy.  Att. Gen. Op. 84-6.

 

Case Notes

 

  Retirement occurs not upon execution and filing of application but upon date specified.  61 H. 596, 607 P.2d 415.