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

(1)  Service by an employee rendered since becoming amember;

(2)  Service rendered prior to becoming a member butsubsequent to:

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

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

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

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

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

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

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

provided further that credit for this serviceshall not exceed eight years;

(5)  Service as an employee of the Hawaii territorialguard;

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

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

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

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

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

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

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

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

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

Membership service shall only be credited forany period for which the member makes the contributions to the system ifrequired by parts II, VII, and VIII of this chapter. [RL 1945, pt of §704; am L1945, c 73, pt of §1(c); am L 1955, c 256, §1; RL 1955, §6-31; am L 1959, c189, §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 L1973, 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.