§88‑132  Service credit; payment ofcontributions.  (a)  Every active member of the system who leaves activeservice of the State or any county for the purpose of entering the militaryservice of the United States in time of war or declared national or stateemergency, or is called involuntarily to active duty after June 24, 1950,shall, so long as the member remains in military service, be allowed servicecredit in the system to the same extent as if the member were continuously inthe active service of the State or county, as the case may be, in the positionwhich the member held immediately prior to the member's entry into militaryservice; provided that in no event shall the allowance of service credit exceeda period of four years.

(b)  The State or county, as the case may be,in whose service the member was employed immediately prior to the member'sinduction into military service shall pay all contributions to the pensionaccumulation fund and to the annuity savings fund, and any other payment to thesystem, which would otherwise be payable to the system by the State, thecounty, or the member if the member had remained continuously in the activeservice of the State or county, as the case may be, during the period of themember's military service; provided that:

(1)  The cumulative length of time for which a membershall be entitled to payment of the contributions shall not exceed four years;

(2)  The member returns to state or county governmentservice within ninety days of release from active duty or dies in theperformance of the member's military service; and

(3)  The member's release from active duty was underhonorable conditions.

(c)  The State or county, as the case may be,shall pay all contributions required to be made under subsection (b) withinsixty days after:

(1)  The member returns to state or county governmentservice; or

(2)  The State or county, as the case may be, receivesnotice of the member's death in the performance of the member's military duty.

(d)  If the State or county, as the case maybe, fails to pay the contributions within the time specified in subsection (c),the State or county, as the case may be, shall also pay to the system interestat the rate of four and one-half per cent a year compounded annually from thedate the member returned to state or county government service or the date ofthe member's death in the performance of the member's military duty untilpayment is made.  Interest paid on the portion of the contributions that wouldhave been payable by the member shall be included in the member's accumulatedcontributions. [L 1951, c 262, pt of §3; RL 1955, §6-111; HRS §88-122; am L1969, c 110, pt of §1; gen ch 1985; am L 1987, c 116, §1; am L 1989, c 100, §3;am L 2006, c 169, §22]

 

Attorney General Opinions

 

  Employee called to active duty as member of armed forcesreserve is entitled to benefits provided by this subpart.  Att. Gen. Op. 63-34.