§88-91  Exemption from taxation andexecution.  The right of a person to a pension, an annuity or a retirementallowance, to the return of contributions, the pension, annuity or retirementallowance itself, any optional benefit or death benefit, any other rightaccrued or accruing to any person under this part and the moneys in the variousfunds created under this part are exempted from any tax of the State and,except as in section 88-92 provided, shall not be subject to execution,garnishment or any other process and shall be unassignable except as in thispart specifically provided. [L 1925, c 55, §12; am L 1933, c 81, §1; RL 1935,§7930; RL 1945, §715; RL 1955, §6-58; HRS §88-82; am L 1969, c 110, pt of §1]

 

Attorney General Opinions

 

  Power of attorney authorizing attorney to receive, endorseand collect checks does not constitute assignment of retirement allowanceprohibited by section.  Att. Gen. Op. 61-69.

  To extent that divorce decrees create liens that act directlyon retirement system funds, the decrees are unenforceable.  Att. Gen. Op. 79-3.

 

Case Notes

 

  Section does not prevent divorce court to order a party tomaintain his former wife and children as beneficiaries under the retirementsystem.  52 H. 357, 477 P.2d 620.