§88-51  Membership service generally. 
Membership service includes:



(1)  Service by an employee rendered since becoming a
member;



(2)  Service rendered prior to becoming a member but
subsequent to:



(A)  January 1, 1926, by an employee of the
State; or



(B)  January 1, 1928, by an employee of any
county;



(3)  Service as an employee of the federal government
where the function carried on by the federal government has been transferred to
the State or any county, or where the employee has been transferred to the
federal government and subsequently retransferred to the State or any county;



(4)  Service rendered by an employee in the office of
the delegate to Congress from Hawaii, or service rendered by an employee in the
office of a representative or a senator to Congress from the State; provided
that:



(A)  The employee was a member of the system
immediately preceding the time the employee renders the service;



(B)  The employee reenters the service of the
State or county within one year after termination of the service; and



(C)  The employee has, to the satisfaction of
the board, waived the employee's right to any credit under the Civil Service
Retirement Act (5 U.S.C.A. Sections 8301 to 8351), as amended, or the Federal
Employees Retirement System Act (5 U.S.C.A. Sections 8401 to 8479), as amended,
based upon the service;



provided further that credit for this service
shall not exceed eight years;



(5)  Service as an employee of the Hawaii territorial
guard;



(6)  Service while engaged in professional improvement
pursuant to an approved leave of absence for that purpose, with or without pay;



(7)  Service between the years 1941 and 1947 with
federal defense agencies, where the employee was employed by the government
before the wartime service, went into defense work at the direction of the
employee's employer, and returned to government service at the end of the
wartime service; provided that these circumstances shall be verified by
evidence satisfactory to the board;



(8)  Service, not exceeding four years, in the
military service of the United States during the period 1941-1949 rendered by
an employee who was employed by the Territory or county prior to the employee's
induction into the military and who subsequently returned to employment of the
Territory or county following the employee's discharge;



(9)  Service rendered prior to becoming a member as a
full-time employee at the Leahi Hospital or Pahala Hospital, now known as Ka‘u
Hospital, Puunene Hospital, Waimea Hospital, Waimea, Kauai, Haliimaile
Dispensary, and Paia Hospital and Pioneer Mill Hospital;



(10)  Service rendered prior to becoming a member as a
full-time sheriff or deputy sheriff in the office of the sheriff;



(11)  The period of time when a member was absent from
work because of injuries incurred within the scope of the member's employment
and who has received workers' compensation benefits prior to July 1, 1967;



(12)  Service rendered as a full-time, year-round
employee of the legislature during any legislative session, except for service
rendered as a session employee, as defined in section 88-54.2, and employed
after October 31, 2006;



(13)  Service as a school cafeteria manager or worker
if paid by the State regardless of the source of funds from which paid;
provided that twelve months' service shall be credited for the time the
cafeteria manager or worker was working on a nine-month, ten-month, or
eleven-month schedule during a school year; and



(14)  Service rendered as a trustee of the office of
Hawaiian affairs during the period of July 1, 1993, through June 30, 2002.



Membership service shall only be credited for
any period for which the member makes the contributions to the system if
required by parts II, VII, and VIII of this chapter. [RL 1945, pt of §704; am L
1945, c 73, pt of §1(c); am L 1955, c 256, §1; RL 1955, §6-31; am L 1959, c
189, §1; am L 1965, c 222, §4; am L 1967, c 186, §1 and c 192, §1; HRS §88-51;
am L 1969, c 74, §1, c 110, pt of §1, and c 157, §1; am L 1971, c 121, §1; am L
1973, c 73, §1; am L 1976, c 151, §1; am L 1977, c 51, §1; am L 1978, c 24, §1;
am L 1982, c 165, §2(5); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281,
§11; am L 2002, c 183, §7; am L 2007, c 2, §3 and c 215, §4]



 



Cross References



 



  Sheriff, etc., see
§26-14.6.