§88-3  Payment on death of pensioner.  [2003amendment retroactive to January 1, 2003.  L 2003, c 118, §7.]  Wheneverany person receiving a pension from the State or from any county thereof dies,the amount next payable shall be prorated from the last payment date up to andincluding the date of death, and the prorated amount shall be paid to theperson who may have been designated by the pensioner during the pensioner'slifetime in a statement filed with the officer charged with payment of thepension, or if no such designation has been made and filed, the prorated amountshall be paid to the personal representative of the estate of the pensioner;provided that:

(1)  Effective January 1, 2003, whenever a personreceiving a pension from the system dies, the full monthly pension for themonth in which the pensioner died, less any portion of the pension paid to thepensioner, shall be payable to the person who may have been designated by thepensioner during the pensioner's lifetime in a statement filed with the officercharged with the payment of the pension, or if no such designation has beenmade and filed, the prorated amount shall be paid to the personalrepresentative of the estate of the pensioner; and

(2)  Effective July 1, 2003, whenever a person receivinga pension from the system dies, the full monthly pension for the month in whichthe pensioner died shall be payable to the pensioner. [L 1931, c 172, §1; RL1935, §7917; am L 1941, c 178, §1; RL 1945, §633; RL 1955, §6-2; HRS §88-3; amL 1969, c 110, pt of §1; am L 1976, c 200, pt of §1; gen ch 1985; am L 2002, c128, §1; am L 2003, c 118, §1]

 

Case Notes

 

  Statute has no application to controversy over money duepensioner accruing prior to last payment date preceding death.  34 H. 667.