Hawaii Revised Statutes
88. Pension and Retirement Systems
88-122 Determination of employer normal cost and accrued liability contributions.

§88-122 Determination of employer normal cost and accrued liability contributions. (a) Based on regular interest and such mortality and other tables as are adopted by the board of trustees, the actuary engaged by the board, on the basis of successive annual actuarial valuations, shall determine the employer's normal cost and accrued liability contributions for each fiscal year beginning July 1 separately for the following two groups of employees:
(1) Police officers, firefighters, and corrections officers; and
(2) All other employees.
(b) The actuarial valuations shall be based on the contribution rates approved by the legislature, and the tables, assumptions, and factors adopted by the board for actuarial valuations of the system; provided that the investment yield rate assumption for the year ending June 30, 2011, shall be seven and three-quarters per cent.
(c) With respect to each of the two groups of employees in subsection (a), the normal cost for each year after June 30, 1994, shall be the percentage of the aggregate annual compensation of employees as of March 31 of the valuation year as determined by the actuary using the entry age normal cost funding method. On each June 30 the board shall determine the allocation of the assets of the pension accumulation fund between the two groups of employees in subsection (a); provided that the assets of the pension accumulation fund as of June 30, 1976, shall be allocated between the two groups in the same proportion as the aggregate annual compensation of each group as of March 31, 1976.
(d) Commencing with fiscal year 1994-1995 and each subsequent fiscal year, the actuary shall determine the total unfunded accrued liability using the entry age normal cost funding method separately for each of the two groups of employees in subsection (a). The accrued liability contribution for each of the two groups of employees shall be the annual payment required to liquidate the unfunded accrued liability over a period of twenty-nine years beginning July 1, 2000. Any increase or decrease in the total unfunded accrued liability resulting from legislative changes in the benefit provisions of the employees' retirement system shall be liquidated over a period of time to be determined by the actuary.
(e) Commencing with fiscal year 2005-2006 and each subsequent fiscal year until fiscal year 2007-2008, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on fifteen and three-fourths per cent of the member's compensation for police officers, firefighters, and corrections officers and thirteen and three-fourths per cent of the member's compensation for all other employees. Commencing with fiscal year 2008-2009 and each subsequent fiscal year until fiscal year 2011-2012, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on nineteen and seven-tenths per cent of the member's compensation for police officers, firefighters, and corrections officers and fifteen per cent of the member's compensation for all other employees. In fiscal year 2012-2013, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-two per cent of the member's compensation for police officers, firefighters, and corrections officers and fifteen and one-half per cent of the member's compensation for all other employees. In fiscal year 2013-2014, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-three per cent of the member's compensation for police officers, firefighters, and corrections officers and sixteen per cent of the member's compensation for all other employees. In fiscal year 2014-2015, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-four per cent of the member's compensation for police officers, firefighters, and corrections officers and sixteen and one-half per cent of the member's compensation for all other employees. Commencing with fiscal year 2015-2016 until fiscal year 2016-2017, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-five per cent of the member's compensation for police officers, firefighters, and corrections officers and seventeen per cent of the member's compensation for all other employees. In fiscal year 2017-2018, the employer contributions for normal cost and accrued liability for each of the two groups of employees in subsection (a) shall be based on twenty-eight per cent of the member's compensation for police officers, firefighters, and corrections officers and eighteen per cent of the member's compensation for all other employees. In fiscal year 2018-2019, the employer contributions for normal cost and accrued liability for each of the two groups in subsection (a) shall be based on thirty-one per cent of the member's compensation for police officers, firefighters, and corrections officers and nineteen per cent of the member's compensation for all other employees. In fiscal year 2019-2020, the employer contributions for normal cost and accrued liability for each of the two groups in subsection (a) shall be based on thirty-six per cent of the member's compensation for police officers, firefighters, and corrections officers and twenty-two per cent of the member's compensation for all other employees. Commencing with fiscal year 2020-2021 and each subsequent fiscal year, the employer contributions for normal cost and accrued liability for each of the two groups in subsection (a) shall be based on forty-one per cent of the member's compensation for police officers, firefighters, and corrections officers and twenty-four per cent of the member's compensation for all other employees. The contribution rates shall amortize the total unfunded accrued liability of the entire plan over a period not to exceed thirty years.
The contribution rates shall be subject to adjustment:
(1) If the actual period required to amortize the unfunded accrued liability exceeds thirty years;
(2) If there is no unfunded accrued liability; or
(3) Based on the actuarial investigation conducted in accordance with section 88-105. [L 1925, c 55, pt of §8; am imp L 1927, c 251, §4; am L 1933, c 181, §3; am L Sp 1933, c 10, § §2, 3; RL 1935, pt of §7927; am L 1935, c 48, § §2, 4; RL 1945, pt of §712, subs 3; RL 1955, §6-89; am L 1964, c 62, §12; am L 1965, c 222, §15; HRS §88-113; am L 1969, c 110, pt of §1; am L 1973, c 19, §1; am L 1977, c 171, §2 and c 191, §2; am L 1981, c 201, §1; am L 1982, c 147, §6; am L 1983, c 190, §1; am L 1985, c 128, §1; gen ch 1985; am L 1987, c 291, §1; am L 1988, c 41, §7; am L 1989, c 184, §1; am L 1991, c 170, §1; am L 1993, c 144, §1; am L 1994, c 276, §9; am L 1996, c 79, §1; am L 1997, c 327, §3; am L 1998, c 151, §1; am L 2001, c 104, §1; am L 2002, c 147, §2; am L 2004, c 181, §2; am L 2007, c 256, §3; am L 2011, c 163, § §16, 22; am L 2017, c 17, §13]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 7. Public Officers and Employees

88. Pension and Retirement Systems

88-1 Restrictions.

88-1.2 Civil unions

88-2 Minimum pension.

88-3 Payment on death of pensioner.

88-4 Medical aid, etc., when free.

88-5 List of pensioners, who shall provide.

88-6 Payment of refunds and retirement benefits.

88-7 County pensioners; post retirement allowance.

88-8 University of Hawaii optional retirement system.

88-9 Employment of retirants.

88-11 Bonus; pensioners' special compensation; amounts available.

88-12 Bonus; requirements, limitations.

88-13 Bonus; retirants not eligible for.

88-14 Bonus; authority to pay.

88-15 Bonus; waiver by veteran.

88-16 Bonus; appropriation.

88-17 Bonus payment; limitation.

88-21 Definitions.

88-21.5 Compensation.

88-22 System established; name.

88-22.5 Federal tax qualification requirements.

88-23 General administration of system vested in board.

88-24 Composition of board.

88-25 Vacancy.

88-26 Expenses of trustees.

88-27 Oath of trustees.

88-27.5 Closed meetings of the board; authorized.

88-28 Voting; rules.

88-29 Officers, employees, legal adviser.

88-29.5 Investment personnel.

88-30 Actuary.

88-31 Medical board.

88-32 REPEALED.

88-33 Prohibited interest of trustees and employees of board.

88-41 Limitation of other statutes.

88-42 Membership generally.

88-42.5 Membership of employees holding more than one position, appointment, or office.

88-42.6 Membership of elective officers.

88-43 Persons ineligible for membership.

88-44 Enrollment.

88-45 Employee contributions.

88-45.4 Contributions for unpaid leaves of absence. Contributions required as a condition to inclusion in membership service of unpaid leaves of absence shall be made by the member within one year after return from the leave of absence. [L 2015, c 86...

88-45.5 Acceptance of rollovers and transfers from other plans.

88-46 Deducting employee contributions from salary and employer pick up of employee contributions.

88-46.5 REPEALED.

88-46.6 Erroneous contributions from compensation of class C members; contributions from overpaid compensation.

88-47 Membership.

88-48 Deduction in class A member's account.

88-49 Employees paid partly from federal funds.

88-49.3 Employees paid from certain federal funds.

88-49.5 Certain employees subject to federal retirement system; election.

88-49.7 East-West center employees.

88-50 Computation of year of service.

88-50.5 Credit for mandatory maternity leave.

88-51 Membership service generally.

88-51.5 REPEALED.

88-52 Service while a member of the legislature.

88-53 (Reserved)

88-54 Service while legislative employee.

88-54.2 Session employees of the legislature; exempt from mandatory enrollment.

88-54.5 Service while a member of the board of trustees of the office of Hawaiian affairs.

88-55 Services of field civilian personnel of the Hawaii national guard.

88-56 REPEALED.

88-57 Prior service generally.

88-58 Prior service credit while per diem employee.

88-59 Acquisition of membership service.

88-59.5 Previous membership service credit for legislative officers.

88-59.6 REPEALED. L 2008, c 47, §12.

88-60 Members whose services are on loan to other governments.

88-61 Termination of membership.

88-62 Return to service of a former member.

88-63 Credit for unused sick leave.

88-70 Third application for retirement; withdrawal prohibited and retirement mandatory.

88-71 Credited service at retirement.

88-72 REPEALED.

88-73 Service retirement.

88-74 Allowance on service retirement.

88-74.5 Finalizing of pensions.

88-74.6 Unreduced allowance on service retirement; when applicable.

88-74.7 Commencement of benefits on required beginning date.

88-74.8 Forfeiture of benefits; felony convictions.

88-75 Ordinary disability retirement.

88-76 Allowance on ordinary disability retirement.

88-77, 78 REPEALED.

88-79 Service-connected disability retirement.

88-80 Allowance on retirement for service-connected disability.

88-81 Average final compensation.

88-81.5 Federal tax limits on annual compensation.

88-82 Petition for contested case hearing regarding disability retirement or accidental death benefits; attorney's fees and costs.

88-83 Election of retirement allowance option.

88-83.5 Benefit limitations.

88-84 Ordinary death benefit.

88-84.5 Federal limits on annual compensation for ordinary death benefit.

88-85 Accidental death benefit.

88-85.5 Applications for accidental death benefits; approval by the system.

88-86 REPEALED.

88-87 Adjustment for deficiency in accumulated contributions.

88-88 Adjustment of retirement allowances of retirants.

88-89 Minimum amount.

88-90 Post retirement allowances.

88-90.5 Actuarial assumptions. (a) Notwithstanding any provision in this chapter to the contrary, the board may approve the effect of the post retirement allowance under section 88-90, or of any other mandatory fixed scheduled increase in the benefit...

88-91 Exemption from taxation and execution.

88-92 Garnishment in certain cases; procedure.

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.

88-93.5 Distribution of property in a divorce action. (a) As used in this section: "Alternate payee" means a spouse or former spouse of a member, a former member who has vested benefit status, or retirant who is recognized by a domestic relations ord...

88-94 Withholding of income taxes.

88-95 Withholding of dues and insurance premiums.

88-96 Rights of members separated from service.

88-97 Return to service of a member who has vested benefit status.

88-98 Return to service of a retirant.

88-99 Moratorium on benefit enhancements

88-100 Payment by employers of costs associated with significant non-base pay increases.

88-101 Payment of existing pensions.

88-102 Classification of members.

88-103 Records.

88-103.5 Disclosure of information. (a) The employees' retirement system shall: (1) Disclose to the Hawaii employer-union health benefits trust fund and employee organizations information related to the administration of pension, annuity, or retireme...

88-103.7 Information from the State and counties. (a) To fulfill its responsibilities under this chapter, the system shall require any department or agency of the State or counties to furnish information to the system to carry out the purposes of thi...

88-104 Actuarial data.

88-105 Actuarial investigations, valuations.

88-105.5 Stress test; annual report.

88-106 Correction of errors.

88-106.5 Compromise and settlement

88-107 Interest.

88-108 Cash for meeting disbursements.

88-109 Funds of the system.

88-110 Board; trustees of funds.

88-111 Custodian of the funds.

88-112 Annuity savings fund; annual statement.

88-113 Payments from annuity savings fund.

88-114 Pension accumulation fund.

88-115 REPEALED.

88-115.5 REPEALED. L 1998, c 151, §18.

88-116 Expense fund.

88-117, 118 REPEALED.

88-119 Investments.

88-119.5 Investment guidelines.

88-120 Service charges.

88-121 Power to make agreements to protect securities on reorganization or otherwise.

88-121.5 Power to enter into security loan agreements.

88-122 Determination of employer normal cost and accrued liability contributions.

88-123 Amount of annual contributions by the State and counties.

88-124 Payment of state contributions to the system.

88-125 Contributions by certain state agencies.

88-126 Payment of county contributions to the system.

88-126.5 Advance payments of state and county contributions to the system.

88-127 Guaranty.

88-131 Definitions.

88-132 Service credit; payment of contributions.

88-132.5 Credit for military service. (a) Any employee who becomes a member of the system in accordance with section 88-42 after June 17, 1996, and has rendered honorable active military service in the armed forces of the United States, may be credit...

88-133 Benefits and conditions applicable to service member.

88-134 Service retirement benefit.

88-135 Ordinary disability retirement benefit.

88-136 Accidental disability benefit.

88-137 Ordinary death benefit.

88-138 Accidental death benefit.

88-139 Return of contributions.

88-140 Duration of service member's status.

88-141 Computation of compensation earned or earnable.

88-142 Right of amendment or repeal reserved; retroactive effect.

88-151 Application.

88-152 Certain other employees included.

88-153 Police officers, firefighters, and bandsmen pension system; trustees, powers.

88-154 Officers of the board; duties.

88-155 Medical board.

88-156 Appropriations and expenditure.

88-157 Use of donations, contributions, gifts, or bequests.

88-158 Disability retirement benefits.

88-159 Reexamination of disability beneficiary; hearing.

88-160 Service retirement benefits.

88-161 Dismissal after twenty years' service; pensions.

88-162 Dismissal after ten years' service; pension.

88-163 Death benefits: funeral expenses; payments to dependents.

88-164 Benefits in lieu of other payments.

88-165 Adjustments of pensions.

88-166 Computation; service as police officer, firefighter, or bandsman.

88-167 Computation; prior credits.

88-168 Orders, discipline, medical examination, etc.

88-169 Payments of pensions; inalienable.

88-170 Forfeiture of pension.

88-171 Public hearings; notice.

88-181 Pension boards created.

88-182 Members: appointment, terms, removals.

88-183 Qualifications.

88-184 Expenses; appropriations.

88-185 Assistants; county clerk, attorney, and treasurer.

88-186 Meetings.

88-187 Payment, conditions.

88-188 Additional conditions.

88-189 Widow's, widower's, and reciprocal beneficiary's pensions.

88-190 Amount.

88-191 Computation of service.

88-192 Examination by physician.

88-193 Compliance with law required.

88-201 Pensions eligible.

88-202 Restrictions as to personnel.

88-203 Limitation of amount.

88-204 County appropriations directed.

88-211 Definitions.

88-212 Federal-state agreement.

88-213 Division of retirement systems.

88-214 Modifications to agreement.

88-215 Contributions by state employees.

88-216 Collection of contributions.

88-217 Adjustments.

88-218 Plans for coverage of employees of political subdivision.

88-219 Referendum.

88-220 Refusal or termination of plans.

88-221 Payments by political subdivisions.

88-222 Contributions by employees of political subdivisions.

88-223 Delinquent payments.

88-224 Contribution fund; established.

88-225 Purpose of contribution fund.

88-226 Payments to federal government.

88-227 Custodian of fund.

88-228 Appropriations to contribution fund.

88-229 Rules and regulations.

88-230 Studies and reports.

88-251 Applicability.

88-261 Definitions.

88-311 Definitions.

88-271 Election.

88-272 Credited service.

88-273 Break in service; reemployment.

88-321 Election and membership.

88-322 Conversion of previous credited service.

88-323 Class H credited service.

88-324 Acquisition of membership service.

88-325 Employee contributions.

88-326 Deducting employee contributions from salary and employer pick up of employee contributions.

88-281 Service retirement.

88-282 Service retirement allowance.

88-283 Election of retirement allowance option.

88-284 Ordinary disability retirement.

88-285 Service-connected disability retirement.

88-286 Death benefit.

88-331 Service retirement.

88-332 Service retirement allowance.

88-333 Election of retirement allowance option.

88-334 Ordinary disability retirement.

88-335 Ordinary disability retirement allowance.

88-336 Service-connected disability retirement.

88-337 Service-connected disability retirement allowance.

88-338 Ordinary death benefit.

88-339 Accidental service-connected death benefit

88-340 Termination of membership.

88-341 Rights of members separated from service.

88-342 Return to service of a former member without vested benefit status.

88-343 Return to service of a former member who has vested benefit status.

88-344 Return to service of a retirant.

88-301 Applicability.