§88-93  Named beneficiaries by members andby former employees; effect of marriage, entry into reciprocal beneficiaryrelationship, divorce, termination of reciprocal beneficiary relationship, ordeath.  (a)  All written designations of beneficiaries for members and forformer employees shall become null and void when:

(1)  The beneficiary predeceases the member or formeremployee;

(2)  The member or former employee is divorced fromthe beneficiary;

(3)  The member or former employee is unmarried, andsubsequently marries; or

(4)  The member or former employee enters into orterminates a reciprocal beneficiary relationship.

Any of the above events shall operate as a completerevocation of the designation and, except as provided in sections 88-84(b) and88-338(b) all benefits payable by reason of the death of the member or formeremployee shall be payable to the member's or former employee's estate unless,after the death, divorce or marriage, or entry into or termination ofreciprocal beneficiary relationship, the member or former employee makes otherprovision in a written designation duly executed and filed with the board.

(b)  Subsection (a) shall not apply to activemembers who are former retirants who have returned to service.  Thebeneficiaries of retirants who return to service may not be changed except tothe extent provided under the retirement allowance option selected by theformer retirant when the former retirant first retired. [L 1951, c 156, §1; amL 1955, c 12, §1; RL 1955, §6-54; HRS §88-84; am L 1969, c 110, pt of §1; gench 1985; am L 1997, c 383, §30; am L 2006, c 169, §17; am L 2007, c 215, §16]

 

Attorney General Opinions

 

  Because of operationof renunciation of succession pursuant to Uniform Probate Code, beneficiary,deceased parent, was deemed to have predeceased member; thus, only remainingbeneficiary was remaining parent, and employees’ retirement system may paymember’s benefits to sole remaining beneficiary.  Att. Gen. Op. 97-3.

 

Case Notes

 

  Provision revoking adesignation by subsequent marriage operated to revoke a designation made priorto enactment of provision; not unconstitutional.  42 H. 532.

  Divorce decree mayorder party to maintain his former wife and children as beneficiaries, and uponfailure of party to comply, court will determine rights of parties as ifobligation had been performed.  52 H. 357, 477 P.2d 620.