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



(1)  The beneficiary predeceases the member or former
employee;



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



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



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



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



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



 



Attorney General Opinions



 



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



 



Case Notes



 



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



  Divorce decree may
order party to maintain his former wife and children as beneficiaries, and upon
failure of party to comply, court will determine rights of parties as if
obligation had been performed.  52 H. 357, 477 P.2d 620.