§88-47  Membership.  (a)  There shall befour classes of members in the system to be known as class A, class B, class C,and class H, defined as follows:

(1)  Class A shall consist of:

(A)  Judges, elected officials, and legislativeofficers;

(B)  Investigators of the department of theattorney general, narcotics enforcement investigators, water safety officersnot making the election under section 88-271, and public safety investigationsstaff investigators;

(C)  Those members in service prior to July 1,1984, including those who are on approved leave of absence, not making theelection to become a class C member as provided in part VII or to become aclass H member as provided in part VIII;

(D)  The following members in service prior toJuly 1, 2006, including those who are on approved leave of absence, not makingthe election to become a class H member as provided in part VIII:

(i)  Members whose salaries are set forth insections 26-52 and 26-53 and their county counterparts, managing directors or anadministrative assistant to the mayor, other county department heads, andagency heads appointed and subject to removal by the mayor;

(ii)  First deputies appointed by the countyattorney and prosecuting attorney;

(iii)  The county clerk and deputy county clerk ofeach county;

(iv)  The directors of the offices of councilservices of the county of Maui and the city and county of Honolulu;

(v)  The administrative director of the courts;

(vi)  The deputy administrative director of thecourts;

(vii)  The executive officer of the labor andindustrial relations appeals board; and

(viii)  The executive officer of the Hawaii laborrelations board;

(E)  All former class A retirants who return toemployment after June 30, 1984, requiring the retirant's active membership; and

(F)  All former class B retirants who return toemployment requiring the retirant's active membership, except for:

(i)  Former retirants who return in thepositions of police officer or firefighter;

(ii)  Former retirants who were members on July 1,1957, who elected not to be covered by the Social Security Act; and

(iii)  Former retirants who were in positions towhich coverage under Title II of the Social Security Act was not extended whoentered membership after June 30, 1957, but before January 1, 2004;

(2)  Class B shall consist of:

(A)  Police officers and firefighters,including former retirants who return to service in such capacity;

(B)  All employees, including former retirants,who were members on July 1, 1957, who elected not to be covered by the SocialSecurity Act; and

(C)  All employees, including former retirants,in positions to which coverage under Title II of the Social Security Act is notextended, who enter membership after June 30, 1957, but before January 1, 2004,not making the election to become a class H member as provided in part VIII;

(3)  Except for members described in paragraphs (1)and (2), class C shall consist of all employees, not making the election tobecome a class H member as provided in part VIII, who:

(A)  First enter service after June 30, 1984,but before July 1, 2006;

(B)  Reenter service after June 30, 1984, butbefore July 1, 2006, without vested benefit status as provided in section 88-96(b);

(C)  Make the election to become a class Cmember as provided in part VII; or

(D)  Are former class C retirants who return toservice requiring the retirant's active membership; and

(4)  Except for members described in paragraphs (1)and (2), class H shall consist of all employees who:

(A)  First enter service after June 30, 2006;

(B)  Reenter service after June 30, 2006,without vested benefit status as provided in section 88-96(b);

(C)  Make the election to become a class Hmember as provided in part VIII; or

(D)  Are former class H retirants who return toservice requiring the retirant's active membership.

(b)  None of the provisions of this part shallapply to class C members except as specifically provided in part VII. None ofthe provisions of this part shall apply to class H members except asspecifically provided in part VIII. [L 1925, c 55, §3(1); am L 1927, c 223, §1;am imp L 1927, c 251, §§1, 2, 5; am imp L 1929, c 190, §1; RL 1935, §7922; RL1945, pt of §703; am L 1945, c 73, pt of §1(b); am L 1951, c 110, §1(b); am L1953, c 37, §1(c); RL 1955, pt of §6-23; am L 1957, c 143, §2; am L 1959, c236, §1; HRS §88-47; am L 1969, c 110, pt of §1; am L 1984, c 108, §6; am L1987, c 118, §1 and c 149, §1; am L 1989, c 343, §3; am L 1993, c 357, §1(3);am L 1994, c 196, §4 and c 276, §3; am L 1998, c 189, §1; am L 2002, c 183, §6;am L 2003, c 121, §1; am L 2004, c 179, §5; am L 2005, c 58, §4; am L 2006, c309, §1]