§326-23  Pensions for patient employees atfacilities.  (a)  All patient employees or patient laborers at everyfacility maintained for the treatment and care of persons with Hansen's diseaseshall be entitled, upon retirement after twenty years or more service with thedepartment of health, to a pension in an amount which shall be equal tosixty-six and two-thirds per cent of the monthly wage or salary which thepatient was receiving at the time of retirement, or to a pension in an amountwhich shall be equal to sixty-six and two-thirds per cent of the averagemonthly wage or salary which the patient employee was receiving during the lasttwelve months of employment at the department of health, whichever is higher.  For the period from July 1, 2007, to June 30, 2008, thepension 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 ormore but less than $5,000 annually shall be granted a four per cent increase;and

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

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

(b)  Patient employees may use service with anystate department or agency not exceeding five years which has not been creditedunder the state retirement system in lieu of service with a facility maintainedfor the treatment and care of persons with Hansen's disease to satisfy therequirements of subsection (a); providedthat the service shall be authenticated by official records of the departmentwhere service was performed.

(c)  When work is available at Kalaupapa whichmay be fulfilled by patient residents of the facility under section 326-21 andthere are no applicants for those positions from among the eligible patients,pensioned patients who are in residence at Kalaupapa may be reemployed, not toexceed nineteen hours per week, without relinquishing the pension granted tothem under this section.  Furthermore, notwithstanding any other law relatingto this subject, that reemployment shall not result in suspension ortermination 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 19592d, 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, c49, §4.  L 2008, c 49, §2 provides:

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