§88-73  Service retirement.  (a)  Anymember who has at least five years of credited service and who has attained agefifty-five or any member who has at least twenty-five years of credited serviceor any member who has at least ten years of credited service, which includesservice as a judge before July 1, 1999, an elective officer, or a legislativeofficer, shall become eligible to receive a retirement allowance after themember has terminated service.

(b)  Any member who first earned creditedservice as a judge after June 30, 1999, and who has at least five years ofcredited service and has attained age fifty-five or has at least twenty-fiveyears of credited service shall become eligible to receive a retirementallowance after the member has terminated service.

(c)  A member may retire upon the writtenapplication specifying the date of retirement, which shall not be less thanthirty days nor more than one hundred fifty days subsequent to the date offiling.  Retirement shall be effective on the first day of a month, except forthe month of December when retirement on the first or last day of the monthshall be allowed.

(d)  Any member of the legislature who attainsage sixty-five may retire and receive a service retirement allowance althoughthe member continues to fill the elective position.

(e)  In the case of a class A or B member whoalso has prior credited service under part VII or part VIII, total creditedservice as a class A, class B, class C, and class H member shall be used todetermine the eligibility for retirement allowance. [L 1925, c 55, §6(1); RL1935, pt of §7925; RL 1945, §708, subs 1; am L 1947, c 85, §1(c); RL 1955,§6-41; am L 1957, c 24, §1 and c 231, §1(b); am L 1959, c 67, §1; am L 1961, c175, §1; am L 1963, c 127, §3; am L 1964, c 62, §4; HRS §88-63; am L 1969, c110, pt of §1; am L 1971, c 90, §2; am L 1975, c 199, §1; am L 1982, c 115, §2;am L 1984, c 85, §2; am L 1987, c 117, §1; am L 1991, c 96, §1(2); am L 1998, c151, §5; am L 1999, c 65, §2; am L 2002, c 128, §4; am L 2003, c 118, §3; am L2004, c 179, §9; am L 2008, c 47, §9]

 

Note

 

  L 2008, c 47, §16 provides:

  "SECTION 16.  Sections 8 and 9 of this Act [amendingsections 88-61 and 88-73] shall not be applied to affect the rights of anyretirants, as defined in section 88-21, Hawaii Revised Statutes, who retiredprior to the effective date of this Act [October 1, 2008], or rights of thebeneficiaries or survivors of those retirants."

 

Attorney General Opinions

 

  Paragraph (3) authorizes payment of allowance only to alegislator over 65; all other retirees who reenter government service notentitled to continuation of allowance.  Att. Gen. Ops. 66-26, 68-15.

  Precludes board of regents from adopting a mandatoryretirement policy.  Att. Gen. Op. 84-6.

 

Case Notes

 

  Retirement occurs not upon execution and filing ofapplication but upon date specified.  61 H. 596, 607 P.2d 415.