§88-23  General administration of systemvested in board.  [2005 amendment retroactive to July 1, 2004.  L 2005,c 58, §33.]  The general administration and the responsibility for theproper operation of the retirement system and for making effective the provisionsof 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 ofbudget and finance by sections 26-8 and 26-35.  To fulfill itsresponsibilities, the system may require any department or agency of the Stateor counties to furnish information to the system to carry out the purposes ofthis 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 tothose of board of directors of a private corporation and limited only by"the areas of administrative control" reserved to the department ofbudget 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 pursueappeal would precipitate crisis in system's operations or jeopardize system'scorporate existence, system's purported administrator could not initiate appealon system's behalf under exception to general rule that only corporation'sboard possesses authority to control corporation's litigation.  87 H. 152, 952P.2d 1215.

  Without express authorization of employees' retirement systemboard, attorney general lacked power to file appeal on board's behalf fromcircuit court's final order; where attorney general perceived conflict ofinterest with board, attorney general was ethically obligated to recommendretention of other counsel to represent board and take other appropriateaction.  87 H. 152, 952 P.2d 1215.