§88-344  Return to service of a retirant. 
(a)  Any retirant who retired under the provisions of this part and returns to
service requiring active membership in the system as a class H 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 sum of:



(1)  The allowance to which the member was entitled
under the retirement allowance option selected when the member previously
retired and which was suspended; and



(2)  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 H member under section 88-332 in existence
at the time of the member's final retirement.



(b)  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 sum of:



(1)  The allowance to which the member was entitled
under the retirement allowance option selected when the member previously
retired and which was suspended; and



(2)  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.



(c)  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 related benefit provided by this chapter; and



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



(d)  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.



(e)  A retirant who returns to service shall
not 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 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.



(f)  The board shall adopt any rules as may be
required to administer this section. [L 2004, c 179, pt of §1; am L 2006, c
169, §40; am L 2007, c 215, §28]