§88-23  General administration of system
vested in board.  [2005 amendment retroactive to July 1, 2004.  L 2005,
c 58, §33.]  The general administration and the responsibility for the
proper operation of the retirement system and for making effective the provisions
of this part and parts VII and VIII are vested in a board of trustees; subject,
however, to the area of administrative control vested in the department of
budget and finance by sections 26-8 and 26-35.  To fulfill its
responsibilities, the system may require any department or agency of the State
or counties to furnish information to the system to carry out the purposes of
this chapter. [L 1925, c 55, §5(1); RL 1935, pt of §7924; RL 1945, pt of §707;
RL 1955, §6-60; HRS §88-23; am L 1969, c 110, pt of §1; am L 1982, c 165,
§2(1); am L 1984, c 108, §1; am L 2002, c 128, §3; am L 2005, c 58, §3]



 



Cross References



 



  General administrative supervision, see §§26-8 and 26-35.



  Personnel directors to assist, see §76-81.



 



Case Notes



 



  Powers and duties of board are functionally equivalent to
those of board of directors of a private corporation and limited only by
"the areas of administrative control" reserved to the department of
budget and finance by §§26-8 and 26-35.  87 H. 152, 952 P.2d 1215.



  Where no showing that board's failure to authorize and pursue
appeal would precipitate crisis in system's operations or jeopardize system's
corporate existence, system's purported administrator could not initiate appeal
on system's behalf under exception to general rule that only corporation's
board possesses authority to control corporation's litigation.  87 H. 152, 952
P.2d 1215.



  Without express authorization of employees' retirement system
board, attorney general lacked power to file appeal on board's behalf from
circuit court's final order; where attorney general perceived conflict of
interest with board, attorney general was ethically obligated to recommend
retention of other counsel to represent board and take other appropriate
action.  87 H. 152, 952 P.2d 1215.