§88-3  Payment on death of pensioner.  [2003
amendment retroactive to January 1, 2003.  L 2003, c 118, §7.]  Whenever
any 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 and
including the date of death, and the prorated amount shall be paid to the
person who may have been designated by the pensioner during the pensioner's
lifetime in a statement filed with the officer charged with payment of the
pension, or if no such designation has been made and filed, the prorated amount
shall be paid to the personal representative of the estate of the pensioner;
provided that:



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



(2)  Effective July 1, 2003, whenever a person receiving
a pension from the system dies, the full monthly pension for the month in which
the pensioner died shall be payable to the pensioner. [L 1931, c 172, §1; RL
1935, §7917; am L 1941, c 178, §1; RL 1945, §633; RL 1955, §6-2; HRS §88-3; am
L 1969, c 110, pt of §1; am L 1976, c 200, pt of §1; gen ch 1985; am L 2002, c
128, §1; am L 2003, c 118, §1]



 



Case Notes



 



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