§88-11 - Bonus; pensioners' special compensation; amounts available.

B. Pensioners Bonus

§88-11 Bonus; pensioners' special
compensation; amounts available. Except as herein provided, every pension
payable under the employees retirement system or payable pursuant to any law of
the State, or by any county or independent public board or commission, shall be
increased by a bonus for each month as follows:

(1) Effective July 1, 1976, $77.82 per month to those
retirants and pensioners who had, before July 1, 1966, ten or more years of
service; provided that any member who is retired because of physical or mental
disability due to any injury or disease incurred while in the performance of
the member's duty as a public employee shall be entitled to receive the bonus
payment without meeting the minimum service requirement;

(2) Effective July 1, 1976, $31.12 per month
additional to the above bonus to those retirants or pensioners who retired
before July 1, 1945;

(3) Effective July 1, 1976, $31.12 per month
additional to the above bonus or bonuses to those retirants or pensioners who
have had twenty-one or more years of service;

(4) Effective July 1, 1976, if the pension as
increased by the bonus or bonuses does not equal $202.32 per month, the bonus
shall be further increased by such sum, not in excess of $31.12, as will bring
the total of the pension and bonus to $202.32 per month; provided that where
the dependents of a deceased pensioner are receiving pension by reasons of the
pensioner's death, the total only of all amounts paid to the dependents shall
be so increased, and the increase herein shall be shared by them in proportion
to the respective amount of pension receivable by them exclusive of this
increase;

(5) In the case of any retirement allowance for
service commencing after June 30, 1965, pursuant to paragraph (1) or (3) of
section 88-74, the only bonus payable shall be in the amount by which the
benefit payable under the paragraphs is less than the bonus as set forth above;
provided that in no case shall a person who retires after June 30, 1965,
receive less under the service and ordinary disability retirement system
benefits, plus the bonus payable under this section than the person would have
received if paragraph (5) had not been enacted;

(6) Any provisions of this section to the contrary
notwithstanding, there shall be paid to every person who on June 30, 1965, was
receiving a retirement allowance from the system or other pension payable under
or pursuant to the law of the State or by any county or independent board or
commission, a special cost of living bonus, which shall be paid in the
following manner:

(A) On January 1, 1966, seven and one-half per
cent of the retirement allowance or pension;

(B) On July 1, 1969, an additional ten per
cent of the retirement allowance or pension;

(D) On July 1, 1973, an additional five and
one-half per cent of the retirement allowance or pension; and

(E) On July 1, 1976, an additional eight per
cent of the retirement allowance or pension;

(7) Any provision of this section to the contrary
notwithstanding, there shall be paid to every person who retired between July
1, 1965, and June 30, 1970, and who, on June 30, 1974, was receiving a
retirement allowance from the system or other pension payable under or pursuant
to the law of the State or by any county or independent board or commission, a
special cost of living bonus which shall be paid in the following manner:

(A) On July 1, 1974, five and one-half per
cent of the retirement allowance or pension; and

(B) On July 1, 1976, an additional eight per
cent of the retirement allowance or pension;

(8) Any other provision to the contrary
notwithstanding, effective July 1, 1980, there shall be paid to every person
who retired prior to July 1, 1975, and who on June 30, 1980, was receiving a
retirement allowance from the system or other pension payable under or pursuant
to the law of the State or by any county or independent board or commission, a
special cost of living bonus, which shall be paid in the following manner:

(A) $4.50 a month for each year of the
retirant's or pensioner's credited service, if the person retired prior to July
1, 1965;

(B) $2.50 a month for each year of the
retirant's or pensioner's credited service if the person retired after June 30,
1965, but prior to July 1, 1970; and

(C) $1.00 a month for each year of the
retirant's or pensioner's credited service if the person retired after June 30,
1970, but prior to July 1, 1975;

provided that if the retirants or pensioner had
retired, returned to service, and again retired, the person's latest retirement
date shall be considered as the person's date of retirement; provided further
that no special cost of living bonus as provided for in this paragraph shall be
paid to those retirants or pensioners who have eight or less years of credited
service;

(9) Any other provision to the contrary
notwithstanding, effective July 1, 1984, there shall be paid to every person
who retired after June 30, 1970, but prior to July 1, 1979, and who on June 30,
1984, was receiving a retirement allowance from the system or other pension
payable under or pursuant to the law of the State or by any county or
independent board or commission, a special cost of living bonus, which shall be
paid in the following manner:

(A) $.50 a month for each year of the retirant's
or pensioner's credited service if the person retired after June 30, 1970, but
prior to July 1, 1975; and

(B) $1.00 a month for each year of the
retirant's or pensioner's credited service if the person retired after June 30,
1975, but prior to July 1, 1979;

provided that if the retirant or pensioner had
retired, returned to service, and again retired, the person's latest retirement
date shall be considered as the person's date of retirement; provided further
that no special cost of living bonus as provided for in this paragraph shall be
paid to those retirants or pensioners who have eight or less years of credited
service;

(10) Any other provision to the contrary
notwithstanding, effective July 1, 1988, there shall be paid to every person
who retired prior to July 1, 1982, and who on June 30, 1988, was receiving a
retirement allowance from the system or other pension payable under or pursuant
to the law of the State or by any county or independent board or commission, a
special cost of living bonus, which shall be paid in the following manner:

(A) $3.50 a month for each year of the
retirant's or pensioner's credited service, if the person retired prior to July
1, 1965;

(B) $2.50 a month for each year of the
retirant's or pensioner's credited service if the person retired after June 30,
1965, but prior to July 1, 1970;

(C) $1.50 a month for each year of the
retirant's or pensioner's credited service if the person retired after June 30,
1970, but prior to July 1, 1975; and

(D) $1.00 a month for each year of the
retirant's or pensioner's credited service if the person retired after June 30,
1975, but prior to July 1, 1982;

provided that if the retirant or pensioner
had retired, returned to service, and again retired, the person's latest
retirement date shall be considered as the person's date of retirement;
provided further that no special cost of living bonus as provided for in this
paragraph shall be paid to those retirants or pensioners who have ten or less
years of credited service;

(11) Any other provision to the contrary
notwithstanding, effective July 1, 1990, and each July 1, thereafter until June
30, 1999, bonuses shall be paid to retirants and pensioners with ten or more
years of service or to their beneficiaries who are receiving a monthly benefit
from the system, in accordance with this paragraph; provided that the
requirement of ten or more years of service shall not apply in the case of a
person who retires with less than ten years of service because of a service
connected disability; and provided further that if the retirant or pensioner is
currently receiving a larger bonus than what would be payable under this
paragraph the retirant or pensioner shall continue to receive the bonus amount
received on June 30, 1990, until the retirant's or pensioner's bonus calculated
under this paragraph exceeds the June 30, 1990, bonus amount at which time the
difference between the June 30, 1990, bonus and the bonus calculated under this
paragraph would be payable.

The bonus amounts payable under this
paragraph shall be based on years of retirement and shall be a cumulative
amount to include all previous bonuses and shall not exceed:

(A) $1.25 for each year of the retirant's or
pensioner's credited service if the retirant or pensioner has been retired a
minimum of five years by July 1 in the year in which the bonus is effective;

(B) $2.50 for each year of the retirant's or
pensioner's credited service if the retirant or pensioner has been retired a
minimum of ten years by July 1 in the year in which the bonus is effective;

(C) $4.50 for each year of the retirant's or
pensioner's credited service if the retirant or pensioner has been retired a
minimum of fifteen years by July 1 in the year in which the bonus is effective;

(D) $6.00 for each year of the retirant's or
pensioner's credited service if the retirant or pensioner has been retired a
minimum of twenty years by July 1 in the year in which the bonus is effective;

(E) $8.75 for each year of the retirant's
or pensioner's credited service if the retirant or pensioner has been retired a
minimum of twenty-five years by July 1 in the year in which the bonus is
effective;

(F) $10.50 for each year of the retirant's or
pensioner's credited service if the retirant or pensioner has been retired a
minimum of thirty years by July 1 in the year in which the bonus is effective;

(G) Any provision to the contrary
notwithstanding, any retirant or pensioner with ten or more years of service
who on July 1 of the year in which the bonus is being calculated has been
retired a minimum of twenty years and whose current bonus amount exceeds the
maximum specified in this paragraph shall nevertheless receive a pension
increase of $1.25 for each year of credited service.

For the purposes of this paragraph, if the
retirant or pensioner had retired, returned to service, and again retired, the
latest retirement date shall be considered as the date of retirement; and

(12) Notwithstanding any other provision to the
contrary, in fiscal year 2002-2003, each state and county retiree who is
seventy years of age and older with at least twenty years of credited service
as of June 30, 2002, shall receive a one time, lump sum bonus of $200. Any
lump sum bonus paid pursuant to this paragraph shall not be construed to
increase a retirant's basic monthly pension accumulation or any other post
retirement benefit provided under this chapter. [L 1961, c 175, pt of §12; am L
1962, c 29, §2; am L 1965, c 222, §18; Supp, §6-250; HRS §88-11; am L 1969, c
110, pt of §1 and c 127, §30; am L 1974, c 220, §1; am L 1976, c 139, §1; am L
1980, c 299, §1; am L 1984, c 270, §1; gen ch 1985; am L 1988, c 176, §1; am L
1990, c 339, §§2, 5; am L 1993, c 98, §1; am L 1994, c 275, §1; am L 1997, c
327, §1; am L 2002, c 233, §2]

Attorney General Opinions

Section applies also to beneficiary. Does not provide bonus
payment to beneficiary who is not a dependent of deceased pensioner. Bonus to
dependent beneficiary terminates upon dependent beneficiary's becoming eligible
for social security benefits. Att. Gen. Op. 64-50.