B.  Pensioners Bonus

 

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

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

(2)  Effective July 1, 1976, $31.12 per monthadditional to the above bonus to those retirants or pensioners who retiredbefore July 1, 1945;

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

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

(5)  In the case of any retirement allowance forservice commencing after June 30, 1965, pursuant to paragraph (1) or (3) ofsection 88-74, the only bonus payable shall be in the amount by which thebenefit 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 systembenefits, plus the bonus payable under this section than the person would havereceived if paragraph (5) had not been enacted;

(6)  Any provisions of this section to the contrarynotwithstanding, there shall be paid to every person who on June 30, 1965, wasreceiving a retirement allowance from the system or other pension payable underor pursuant to the law of the State or by any county or independent board orcommission, a special cost of living bonus, which shall be paid in thefollowing manner:

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

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

(C)  On July 1, 1970, an additional ten percent of the retirement allowance or pension;

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

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

(7)  Any provision of this section to the contrarynotwithstanding, there shall be paid to every person who retired between July1, 1965, and June 30, 1970, and who, on June 30, 1974, was receiving aretirement allowance from the system or other pension payable under or pursuantto the law of the State or by any county or independent board or commission, aspecial cost of living bonus which shall be paid in the following manner:

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

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

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

(A)  $4.50 a month for each year of theretirant's or pensioner's credited service, if the person retired prior to July1, 1965;

(B)  $2.50 a month for each year of theretirant'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 theretirant'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 hadretired, returned to service, and again retired, the person's latest retirementdate shall be considered as the person's date of retirement; provided furtherthat no special cost of living bonus as provided for in this paragraph shall bepaid to those retirants or pensioners who have eight or less years of creditedservice;

(9)  Any other provision to the contrarynotwithstanding, effective July 1, 1984, there shall be paid to every personwho 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 pensionpayable under or pursuant to the law of the State or by any county orindependent board or commission, a special cost of living bonus, which shall bepaid in the following manner:

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

(B)  $1.00 a month for each year of theretirant'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 hadretired, returned to service, and again retired, the person's latest retirementdate shall be considered as the person's date of retirement; provided furtherthat no special cost of living bonus as provided for in this paragraph shall bepaid to those retirants or pensioners who have eight or less years of creditedservice;

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

(A)  $3.50 a month for each year of theretirant's or pensioner's credited service, if the person retired prior to July1, 1965;

(B)  $2.50 a month for each year of theretirant'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 theretirant'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 theretirant'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 pensionerhad retired, returned to service, and again retired, the person's latestretirement date shall be considered as the person's date of retirement;provided further that no special cost of living bonus as provided for in thisparagraph shall be paid to those retirants or pensioners who have ten or lessyears of credited service;

(11)  Any other provision to the contrarynotwithstanding, effective July 1, 1990, and each July 1, thereafter until June30, 1999, bonuses shall be paid to retirants and pensioners with ten or moreyears of service or to their beneficiaries who are receiving a monthly benefitfrom the system, in accordance with this paragraph; provided that therequirement of ten or more years of service shall not apply in the case of aperson who retires with less than ten years of service because of a serviceconnected disability; and provided further that if the retirant or pensioner iscurrently receiving a larger bonus than what would be payable under thisparagraph the retirant or pensioner shall continue to receive the bonus amountreceived on June 30, 1990, until the retirant's or pensioner's bonus calculatedunder this paragraph exceeds the June 30, 1990, bonus amount at which time thedifference between the June 30, 1990, bonus and the bonus calculated under thisparagraph would be payable.

The bonus amounts payable under thisparagraph shall be based on years of retirement and shall be a cumulativeamount to include all previous bonuses and shall not exceed:

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

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

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

(G)  Any provision to the contrarynotwithstanding, any retirant or pensioner with ten or more years of servicewho on July 1 of the year in which the bonus is being calculated has beenretired a minimum of twenty years and whose current bonus amount exceeds themaximum specified in this paragraph shall nevertheless receive a pensionincrease of $1.25 for each year of credited service.

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

(12)  Notwithstanding any other provision to thecontrary, in fiscal year 2002-2003, each state and county retiree who isseventy years of age and older with at least twenty years of credited serviceas of June 30, 2002, shall receive a one time, lump sum bonus of $200.  Anylump sum bonus paid pursuant to this paragraph shall not be construed toincrease a retirant's basic monthly pension accumulation or any other postretirement benefit provided under this chapter. [L 1961, c 175, pt of §12; am L1962, c 29, §2; am L 1965, c 222, §18; Supp, §6-250; HRS §88-11; am L 1969, c110, pt of §1 and c 127, §30; am L 1974, c 220, §1; am L 1976, c 139, §1; am L1980, c 299, §1; am L 1984, c 270, §1; gen ch 1985; am L 1988, c 176, §1; am L1990, c 339, §§2, 5; am L 1993, c 98, §1; am L 1994, c 275, §1; am L 1997, c327, §1; am L 2002, c 233, §2]

 

Attorney General Opinions

 

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