(a) Any retirant who returns to employment requiring active membership in the system shall be reenrolled as an active member of the system in the same class from which the retirant originally retired and the retirant’s retirement allowance shall be suspended.

Terms Used In Hawaii Revised Statutes 88-98

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • compensation: as used in this part means:
    (A) Normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed;
    (B) Overtime, differentials, and supplementary payments;
    (C) Bonuses and lump sum salary supplements;
    (D) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; and
    (E) Retroactive payments of those purposes and nature authorized in subparagraphs (A) through (D), and certified as compensation pursuant to section 88-64;
(2) Bonuses and lump sum salary supplements shall be deemed earned when payable; provided that bonuses or lump sum salary supplements in excess of one-twelfth of compensation for the twelve months before the month in which the bonus or lump sum salary supplement is payable, exclusive of overtime, bonuses, and lump sum salary supplements, shall be deemed earned:
(A) During the period agreed-upon by the employer and employee, but in any event over a period of no less than twelvemonths; or
(B) In the absence of an agreement between the employer and the employee, over the twelvemonths before the date on which the bonus or lump sum salary supplement is payable; and
(3) Retroactive payments shall be deemed earned when it would have been earned, as determined by the system pursuant to section 88-64. See Hawaii Revised Statutes 88-21.5
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
    • (1) If the retirant returns to service before July 1, 1998, and again retires, the retirant’s retirement allowance shall consist of:

    (A) For members with fewer than three years of credited service during the member’s period of reemployment, the allowance to which the member was entitled under the retirement allowance option selected when the member previously retired and which was suspended; plus, for the period of service during the member’s reemployment, the allowance to which the member is entitled for that service based on the retirement allowance option initially selected and computed for the member’s age, average final compensation, and other factors in accordance with the benefit formula under § 88-74 in existence at the time of the member’s latest retirement; or
    (B) For members with three or more years of credited service during the member’s period of reemployment, the allowance computed as if the member were retiring for the first time; provided that in no event shall the allowance be less than the amount determined in accordance with subparagraph (A); and
    (2) If the retirant returns to service after June 30, 1998, and again retires, the retirant’s retirement allowance shall be computed in accordance with paragraph (1)(A), regardless of the number of years of service in the reemployment period.
    (b) Any retirant who received the special retirement incentive benefit under Act 253, Session Laws of Hawaii 2000, as amended by Act 131, Session Laws of Hawaii 2002, and is reemployed by the State or a county in any capacity shall:

    (1) Have the retirant’s retirement allowance suspended;
    (2) Forfeit the special retirement incentive benefit and any related benefit provided by this chapter; and
    (3) Be subject to the age and service requirements under § 88-73 when the member again retires.
    (c) If a retirant’s maximum retirement allowance upon the retirant’s initial retirement was subject to the limits on maximum retirement allowance under § 88-74:

    (1) The limit shall apply to the computation of the retirant’s maximum retirement allowance for the retirant’s period of service during the retirant’s reemployment, so that the sum of:

    (A) The per cent by which the retirant’s average final compensation for the retirant’s years of service prior to the retirant’s initial retirement is multiplied to determine the retirant’s maximum retirement allowance upon the retirant’s initial retirement; and
    (B) The per cent by which the retirant’s average final compensation for any period of reemployment after the retirant’s initial retirement is multiplied to determine the retirant’s maximum retirement allowance for the period of reemployment,

    shall not exceed the limit, under § 88-74, on the per cent by which the retirant’s average final compensation may be multiplied for the purpose of determining the retirant’s maximum retirement allowance. For example, if a retirant’s maximum retirement allowance upon the retirant’s initial retirement was limited by § 88-74 to eighty per cent of the retirant’s average final compensation, and the retirant retired with a maximum allowance equal to seventy per cent of the retirant’s average final compensation, the retirant’s maximum allowance for the retirant’s period of reemployment may not exceed ten per cent of the retirant’s average final compensation for the retirant’s period of reemployment; and

    (2) If the retirant’s maximum retirement allowance upon the retirant’s initial retirement was equal to or greater than the applicable limit under § 88-74, the retirant shall not earn service credit or earn any additional retirement allowance during the retirant’s period of reemployment, and the reemployed retirant shall not make any contributions under § 88-45.
    (d) If a retirant’s designation of beneficiary was irrevocable upon the retirant’s initial retirement, the retirant may not change the retirant’s designated beneficiary when the retirant returns to service or when the former retirant again retires.
    (e) A retirant who returns to service shall not be considered to be “in service”, for the purposes of § 88-75, 88-79, 88-84, or 88-85, or any other provision of this chapter providing for benefits arising out of the disability or death of a member. A retirant who returns to service and dies during the period of reemployment shall be considered to have retired again effective as of the first day of the month following the month in which the death occurs, except for death during the month of December when the effective date of retirement may be the last day of the month.
    (f) The board shall adopt any rules as may be required to administer this section.