§88-169  Payments of pensions; inalienable. If at any time there should not be sufficient money to the credit of thepension system to pay all claims against it in full, claims on account of thedeath of members of the police force, fire department, or band, shall be paidfirst in full with as little delay as possible, after which an equal percentageshall be paid upon all other claims to the full extent of the funds on handuntil the funds be replenished so as to pay them in full.  All pensions shall bepaid by the treasurer at the treasurer's office at the same time and in suchinstallments as the members of the police force, fire department, or band arepaid.  All pensions granted and payable out of the pension system shall beexempt from seizure or levy upon attachment, execution, supplemental process,and all other process whether mesne or final and shall not be subject to sale,assignment, or transfer by any beneficiary. [L 1917, c 220, §5; RL 1925, §2165;RL 1935, §7908; RL 1945, §6177; RL 1955, §6-149; am L 1963, c 65, §2b; HRS§88-169; gen ch 1985]

 

Case Notes

 

  Lack of assignability is an indication of lack of survival ofa cause of action.  34 H. 667.