§326-23  Pensions for patient employees at
facilities.  (a)  All patient employees or patient laborers at every
facility maintained for the treatment and care of persons with Hansen's disease
shall be entitled, upon retirement after twenty years or more service with the
department of health, to a pension in an amount which shall be equal to
sixty-six and two-thirds per cent of the monthly wage or salary which the
patient was receiving at the time of retirement, or to a pension in an amount
which shall be equal to sixty-six and two-thirds per cent of the average
monthly wage or salary which the patient employee was receiving during the last
twelve months of employment at the department of health, whichever is higher.  For the period from July 1, 2007, to June 30, 2008, the
pension amounts shall be adjusted as follows:



(1)  Retired patient employees receiving less than
$4,000 annually shall be granted a five per cent increase;



(2)  Retired patient employees receiving $4,000 or
more but less than $5,000 annually shall be granted a four per cent increase;
and



(3)  Retired patient employees receiving $5,000 or
more annually shall be granted a 2.5 per cent increase.



For the period from July 1, 2008, to June 30, 2009, all retired
patient employees shall be granted a 2.5 per cent increase.
Thereafter, the pension amounts shall remain as adjusted effective for the period
ending June 30, 2009.



(b)  Patient employees may use service with any
state department or agency not exceeding five years which has not been credited
under the state retirement system in lieu of service with a facility maintained
for the treatment and care of persons with Hansen's disease to satisfy the
requirements of subsection (a); provided
that the service shall be authenticated by official records of the department
where service was performed.



(c)  When work is available at Kalaupapa which
may be fulfilled by patient residents of the facility under section 326-21 and
there are no applicants for those positions from among the eligible patients,
pensioned patients who are in residence at Kalaupapa may be reemployed, not to
exceed nineteen hours per week, without relinquishing the pension granted to
them under this section.  Furthermore, notwithstanding any other law relating
to this subject, that reemployment shall not result in suspension or
termination of payment of the pension granted originally or serve to increase,
decrease, or alter the pension in any way. [L 1945, c 229, §1; am L 1949, c 53,
§16; am L 1951, c 157, §12; RL 1955, §50-25; am L 1957, c 57, §1; am L Sp 1959
2d, c 1, §19; HRS §326-23; am L 1970, c 43, §1; am L 1979, c 18, §1; am L 1981,
c 185, §11; am L 1985, c 250, §9; am L 1992, c 156, §6; am L 2008, c 49, §1]



 



Note



 



  The 2008 amendment is retroactive to July 1, 2007.  L 2008, c
49, §4.  L 2008, c 49, §2 provides:



  "SECTION 2.  In the event a retired patient employee has
died after July 1, 2007, and before the payment of the pension adjustment
provided for in this Act [amending §326-23], the amount of the increase owed to
that person from July 1, 2007, until the date of death shall be paid to the
person's estate."