§88-344  Return to service of a retirant. (a)  Any retirant who retired under the provisions of this part and returns toservice requiring active membership in the system as a class H member shall bereenrolled as an active member, and the retirant's retirement allowance shallbe suspended.  When the member again retires, the retirement allowance shall bethe sum of:

(1)  The allowance to which the member was entitledunder the retirement allowance option selected when the member previouslyretired and which was suspended; and

(2)  For the period of service during the member'sreemployment, the allowance to which the member is entitled for that servicebased on the retirement allowance option initially selected and computed forthe member's age, average final compensation, and other factors in accordancewith the benefit formula of a class H member under section 88-332 in existenceat the time of the member's final retirement.

(b)  Any retirant who retired under theprovisions of this part and returns to service requiring active membership inthe system as a class A or class B member shall be reenrolled as an activemember, and the retirant's retirement allowance shall be suspended.  When themember again retires, the retirement allowance shall be the sum of:

(1)  The allowance to which the member was entitledunder the retirement allowance option selected when the member previouslyretired and which was suspended; and

(2)  For the period of service during the member'sreemployment, the allowance to which the member is entitled for that servicebased on the retirement allowance option initially selected and computed forthe member's age, average final compensation, and other factors in accordancewith the benefit formula of a class A or class B member under section 88-74 inexistence at the time of the member's final retirement.

(c)  Any retirant who received the specialretirement incentive benefit under Act 253, Session Laws of Hawaii 2000, asamended by Act 131, Session Laws of Hawaii 2002, and is reemployed by the Stateor a county in any capacity shall:

(1)  Have the retirant's retirement allowancesuspended;

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

(3)  Be subject to the age and service requirementsunder section 88-331 when the member again retires.

(d)  If a retirant's designation of beneficiarywas irrevocable upon the retirant's initial retirement, the retirant may notchange the retirant's designated beneficiary when the retirant returns toservice or when the former retirant again retires.

(e)  A retirant who returns to service shallnot be considered to be "in service", for the purposes of section 88-334,88-336, 88-338, or 88-339, or any other provision of this chapter providing forbenefits arising out of the disability or death of a member.  A retirant whoreturns to service and dies during the period of reemployment shall beconsidered to have retired again effective as of the first day of the monthfollowing the month in which the death occurs, except for death during themonth of December when the effective date of retirement may be the last day ofthe month.

(f)  The board shall adopt any rules as may berequired to administer this section. [L 2004, c 179, pt of §1; am L 2006, c169, §40; am L 2007, c 215, §28]