§88-74  Allowance on service
retirement.  (a)  Upon retirement from service, a member shall receive a
maximum retirement allowance as follows:



(1)  If the member has attained age fifty-five, a
retirement allowance of two per cent of the member's average final compensation
multiplied by the total number of years of the member's credited service as a
class A and B member, excluding any credited service as a judge, elective
officer, or legislative officer, plus a retirement allowance of one and
one-fourth per cent of the member's average final compensation multiplied by
the total number of years of prior credited service as a class C member, plus a
retirement allowance of two per cent of the member's average final compensation
multiplied by the total number of years of prior credited service as a class H
member; provided that:



(A)  After June 30, 1968, if the member has at
least ten years of credited service of which the last five or more years prior
to retirement is credited service as a firefighter, police officer, or an
investigator of the department of the prosecuting attorney;



(B)  After June 30, 1977, if the member has at
least ten years of credited service of which the last five or more years prior
to retirement is credited service as a corrections officer;



(C)  After June 16, 1981, if the member has at
least ten years of credited service of which the last five or more years prior
to retirement is credited service as an investigator of the department of the
attorney general;



(D)  After June 30, 1989, if the member has at
least ten years of credited service of which the last five or more years prior
to retirement is credited service as a narcotics enforcement investigator;



(E)  After December 31, 1993, if the member has
at least ten years of credited service of which the last five or more years
prior to retirement is credited service as a water safety officer;



(F)  After June 30, 1994, if the member has at
least ten years of credited service, of which the last five or more years prior
to retirement are credited service as a public safety investigations staff
investigator;



(G)  After June 30, 2002, if the member:



(i)  Has at least ten years of credited service
as a firefighter;



(ii)  Is deemed permanently medically
disqualified due to a service related disability to be a firefighter by the
employer's physician; and



(iii)  Continues employment in a class A or B
position other than a firefighter; and



(H)  After June 30, 2004, if the member:



(i)  Has at least ten years of credited service
as a police officer;



(ii)  Is deemed permanently medically
disqualified due to a service related disability to be a police officer by the
employer's physician; and



(iii)  Continues employment in a class A or B
position other than a police officer;



then for each year of service as a firefighter, police
officer, corrections officer, investigator of the department of the prosecuting
attorney, investigator of the department of the attorney general, narcotics
enforcement investigator, water safety officer, or public safety investigations
staff investigator, the retirement allowance shall be two and one-half per cent
of the member's average final compensation.  The maximum retirement allowance
for those members shall not exceed eighty per cent of the member's average
final compensation.  If the member has not attained age fifty-five, the
member's retirement allowance shall be computed as though the member had
attained age fifty-five, reduced for age as provided in subsection (b);



(2)  If the member has credited service as a judge,
the member's retirement allowance shall be computed on the following basis:



(A)  For a member who has credited service as a
judge before July 1, 1999, irrespective of age, for each year of credited
service as a judge, three and one-half per cent of the member's average final
compensation in addition to an annuity that is the actuarial equivalent of the
member's accumulated contributions allocable to the period of service; and



(B)  For a member who first earned credited
service as a judge after June 30, 1999, for each year of credited service as a
judge, three and one-half per cent of the member's average final compensation
in addition to an annuity that is the actuarial equivalent of the member's
accumulated contributions allocable to the period of service.  If the member
has not attained age fifty-five, the member's retirement allowance shall be
computed as though the member had attained age fifty-five, reduced for age as
provided in subsection (b); or



(C)  For a judge with other credited service,
as provided in paragraph (1).  If the member has not attained age fifty-five,
the member's retirement allowance shall be computed as though the member had
attained age fifty-five, reduced for age as provided in subsection (b); or



(D)  For a judge with credited service as an
elective officer or as a legislative officer, as provided in paragraph (3).



No allowance shall exceed seventy-five per cent
of the member's average final compensation.  If the allowance exceeds this
limit, it shall be adjusted by reducing the annuity included in subparagraphs
(A) and (B) and the portion of the accumulated contributions specified in the
subparagraphs in excess of the requirements of the reduced annuity shall be
returned to the member upon the member's retirement or paid to the member's
designated beneficiary upon the member's death while in service or while on
authorized leave without pay.  The allowance for judges under this paragraph,
together with the retirement allowance provided by the federal government for similar
service, shall in no case exceed seventy-five per cent of the member's average
final compensation; or



(3)  If the member has credited service as an elective
officer or as a legislative officer, the member's retirement allowance shall be
derived by adding the allowances computed separately under subparagraphs (A),
(B), (C), and (D) as follows:



(A)  Irrespective of age, for each year of
credited service as an elective officer, three and one-half per cent of the
member's average final compensation as computed under section 88-81(e)(1), in
addition to an annuity that is the actuarial equivalent of the member's
accumulated contributions allocable to the period of service; and



(B)  Irrespective of age, for each year of
credited service as a legislative officer, three and one-half per cent of the
member's average final compensation as computed under section 88-81(e)(2), in
addition to an annuity that is the actuarial equivalent of the member's
accumulated contributions allocable to the period of service;



(C)  If the member has credited service as a
judge, the member's retirement allowance shall be computed on the following
basis:



(i)  For a member who has credited service as a
judge before July 1, 1999, irrespective of age, for each year of credited service
as a judge, three and one-half per cent of the member's average final
compensation as computed under section 88-81(e)(3), in addition to an annuity
that is the actuarial equivalent of the member's accumulated contributions
allocable to the period of service; and



(ii)  For a member who first earned credited
service as a judge after June 30, 1999, and has attained the age of fifty-five,
for each year of credited service as a judge, three and one-half per cent of
the member's average final compensation as computed under section 88-81(e)(3),
in addition to an annuity that is the actuarial equivalent of the member's
accumulated contributions allocable to the period of service.  If the member
has not attained age fifty-five, the member's retirement allowance shall be
computed as though the member had attained age fifty-five, reduced for age as
provided in subsection (b); and



(D)  For each year of credited service not
included in subparagraph (A), (B), or (C), the average final compensation as
computed under section 88-81(e)(4) shall be multiplied by two per cent for
credited service earned as a class A or class H member, two and one-half per
cent for credited service earned as a class B member, and one and one-quarter
per cent for credited service earned as a class C member.  If the member has
not attained age fifty-five, the member's retirement allowance shall be
computed as though the member had attained age fifty-five, reduced for age as
provided in subsection (b).



The total retirement allowance shall not exceed
seventy-five per cent of the member's highest average final compensation
calculated under section 88-81(e)(1), (2), (3), or (4).  If the allowance
exceeds this limit, it shall be adjusted by reducing any annuity accrued under
subparagraphs (A), (B), and (C) and the portion of the accumulated
contributions specified in these subparagraphs in excess of the requirements of
the reduced annuity shall be returned to the member upon the member's
retirement or paid to the member's designated beneficiary upon the member's
death while in service or while on authorized leave without pay.  If a member
has service credit as an elective officer or as a legislative officer in
addition to service credit as a judge, then the retirement benefit calculation
contained in this paragraph shall supersede the formula contained in paragraph
(2).



(b)  Except as provided in subsection (a), if a
member has not attained age fifty-five at the date of retirement, the member's
retirement allowance shall be reduced, for each month the member's age at the
date of retirement is below age fifty-five, as follows:



(1)  0.4166 per cent for each month below age
fifty-five and above age forty-nine and eleven months; plus



(2)  0.3333 per cent for each month below age fifty
and above age forty-four and eleven months; plus



(3)  0.2500 per cent for each month below age
forty-five and above age thirty-nine and eleven months; plus



(4)  0.1666 per cent for each month below age forty;



provided that no reduction shall be made if the
member has at least twenty-five years of credited service as a firefighter,
police officer, corrections officer, investigator of the department of the
prosecuting attorney, investigator of the department of the attorney general,
narcotics enforcement investigator, public safety investigations staff
investigator, sewer worker, or water safety officer, of which the last five or
more years prior to retirement is credited service in these  capacities. [L
1925, c 55, §6(2); RL 1935, pt of §7925; RL 1945, §708, subs 2; am L 1945, c
73, §1(e); am L 1947, c 85, §1(d); RL 1955, §6-42; am L 1957, c 143, §3 and c
231, §1(c); am L 1961, c 175, §2 and c 181, §4; am L 1962, c 20, §3; am L 1963,
c 127, §4; am L 1964, c 62, §5; am L 1965, c 222, §5; am L 1967, c 130, §§2, 4;
HRS §88-64; am L 1969, c 110, pt of §1; am L 1973, c 179, §28; am L 1975, c
178, §1 and c 199, §2; am L 1977, c 191, §2; am L 1978, c 230, §1; am L 1982, c
165, §2(14); gen ch 1985; am L 1987, c 117, §2; am L 1989, c 343, §4; am L
1991, c 96, §1(3); am L 1992, c 160, §2; am L 1993, c 357, §1(4); am L 1994, c
196, §5 and c 276, §4; am L 1997, c 211, §1 and c 374, §2; am L 1999, c 65, §3;
am L 2002, c 205, §1; am L 2003, c 118, §4; am L 2004, c 177, §1 and c 179,
§10; am L 2005, c 58, §7; am L 2007, c 215, §7]



 



Attorney General Opinions



 



  Upon retirement, a member with service as a judge or an
elected officer is entitled to have each year of such service computed at the
3-1/2% rate, regardless of the length of such service.  Att. Gen. Op. 72-19.



  Enhanced benefits of various law enforcement officers and
firefighters, discussed.  Att. Gen. Op. 90-2.



  In general, the calculation of retirement benefits of
elective officers who were elective officers on July 1, 1997, pursuant to Act
374, Session Laws of Hawaii 1997, should be made thus:  the law as it existed
before the effective date of Act 374 (July 1, 1997) is applied to service
accrued before the effective date of the Act (i.e., elective officers can apply
a high average final compensation to years of possibly multiple types of
services, including elective service) and the amount derived from that
calculation is added to the amount arrived at by applying the Act to service
accrued after the effective date of the Act (which is segregated by service
category).  This results in using different average final compensations for
pre- and post-Act service.  Att. Gen. Op. 2000-1.



 



Case Notes



 



  Mentioned:  75 H. 42, 856 P.2d 1227.