§88-73  Service retirement.  (a)  Any
member who has at least five years of credited service and who has attained age
fifty-five or any member who has at least twenty-five years of credited service
or any member who has at least ten years of credited service, which includes
service as a judge before July 1, 1999, an elective officer, or a legislative
officer, shall become eligible to receive a retirement allowance after the
member has terminated service.



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



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



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



(e)  In the case of a class A or B member who
also has prior credited service under part VII or part VIII, total credited
service as a class A, class B, class C, and class H member shall be used to
determine the eligibility for retirement allowance. [L 1925, c 55, §6(1); RL
1935, 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, c
175, §1; am L 1963, c 127, §3; am L 1964, c 62, §4; HRS §88-63; am L 1969, c
110, 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, c
151, §5; am L 1999, c 65, §2; am L 2002, c 128, §4; am L 2003, c 118, §3; am L
2004, 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 [amending
sections 88-61 and 88-73] shall not be applied to affect the rights of any
retirants, as defined in section 88-21, Hawaii Revised Statutes, who retired
prior to the effective date of this Act [October 1, 2008], or rights of the
beneficiaries or survivors of those retirants."



 



Attorney General Opinions



 



  Paragraph (3) authorizes payment of allowance only to a
legislator over 65; all other retirees who reenter government service not
entitled to continuation of allowance.  Att. Gen. Ops. 66-26, 68-15.



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



 



Case Notes



 



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