§88-273  Break in service; reemployment. 
(a)  Any class C member who terminates service prior to accumulating ten years
of credited service, excluding unused sick leave, shall cease to be a member
and shall forfeit all credited service; provided that:



(1)  If the former class C member becomes a member
again within one full year following the calendar year in which the member's
employment terminated, all service credit for previous service shall be
restored.  If the former class C member becomes a member again more than one full
year following the calendar year in which the member's employment terminated,
one month of service credit for previous service shall be restored for each
month of service rendered following the return to membership; and



(2)  If the former class C member becomes a class A,
class B, or class H member within one full year following the calendar year in
which the member's employment terminated, all class C service credit for
previous service shall be restored.  If the former class C member becomes a
class A, class B, or class H member more than one full year following the
calendar year in which the member's employment terminated, one month of class C
service credit for previous service shall be restored for each month of service
rendered following the return to membership.



Subject to the provisions of sections 88-322 and
88-324, the service credit restored pursuant to this subsection shall be class
C service credit.



(b)  Any class C member who terminates service
with a vested right and who subsequently becomes a class A, class B, class C,
or class H member shall retain all service credit for previous service and
shall be credited with additional service credit for service rendered following
the return to membership.



(c)  Any retirant who retired under the
provisions of this part and returns to service requiring active membership in
the system as a class C member shall be reenrolled as an active member, and the
retirant's retirement allowance shall be suspended.  When the member again retires,
the retirement allowance shall be the allowance to which the member was
entitled under the retirement allowance option selected when the member
previously retired and which was suspended; plus, for the period of service
during the member's reemployment, the allowance to which the member is entitled
for that service based on the retirement allowance option initially selected
and computed for the member's age, average final compensation, and other
factors in accordance with the benefit formula of a class C member under
section 88-282 in existence at the time of the member's final retirement.



(d)  Any retirant who retired under the
provisions of this part and returns to service requiring active membership in
the system as a class A or class B member shall be reenrolled as an active
member, and the retirant's retirement allowance shall be suspended.  When the
member again retires, the retirement allowance shall be the allowance to which
the member was entitled under the retirement allowance option selected when the
member previously retired and which was suspended; plus, for the period of
service during the member's reemployment, the allowance to which the member is
entitled for that service based on the retirement allowance option initially
selected and computed for the member's age, average final compensation, and
other factors in accordance with the benefit formula of a class A or class B
member under section 88-74 in existence at the time of the member's final
retirement.



(e)  Any retirant who received the special
retirement incentive benefit under Act 253, Session Laws of Hawaii 2000, as
amended by Act 131, Session Laws of Hawaii 2002, and is reemployed by the State
or a county in any capacity shall:



(1)  Have the retirant's retirement allowance suspended;



(2)  Forfeit the special retirement incentive benefit
and any other related benefit provided by this chapter; and



(3)  Be subject to the age and service requirements
under section 88-281 when the member again retires.



(f)  If a retirant's designation of beneficiary
was irrevocable upon the retirant's initial retirement, the retirant may not
change the retirant's designated beneficiary when the retirant returns to
service or when the former retirant again retires.



(g)  A retirant who returns to service shall
not be considered to be "in service", for the purposes of section 88-284,
88-285, or 88-286, or any other provision of this chapter providing for
benefits arising out of the disability or death of a member.  A retirant who
returns to service and dies during the period of reemployment shall be
considered to have retired again effective as of the first day of the month
following the month in which the death occurs, except for death during the
month of December when the effective date of retirement may be the last day of
the month.



(h)  The board shall adopt any rules as may be
required to administer this section. [L 1984, c 108, pt of §8; am L 1987, c
117, §4; am L 2001, c 61, §2; am L 2004, c 179, §25; am L 2006, c 169, §28; am
L 2007, c 215, §19; am L 2009, c 121, §4]



 



Attorney General Opinions



 



  Return to service of contributory plan retirant; computation
of retirement benefits.  Att. Gen. Op. 85-21.



  Pursuant to this section and §88-281, former employee was a
member of ERS until effective date of former employee's retirement.  Att. Gen.
Op. 97-12.