Police Officers, Firefighters, and

HRS div. 1, tit. 7, ch. 88, pt. III

in effect

HRS §88-151 Application

88-151. Application No member of the police force, fire department, or band who on May 2, 1927, was receiving a pension from the State shall be a beneficiary under this part. This part shall not apply to any police officer, firefighter, or bandsman entering service after December 31, 1927, and no such person or the person's dependent widow, child or children, father or mother, sister or brother, or other relative or dependent shall receive any pension or other benefit under this part. [L 1917, c 220, §9; RL 1925, §2169; am L 1927, c 249, §2; RL 1935, §7912; RL 1945, §6181; RL 1955, §6-130; HRS §88-151; am L 1983, c 124, §15; gen ch 1985]

HRS §88-152 Certain other employees included

88-152. Certain other employees included Whenever used in this part the term "police force" includes among others, jailors, turnkeys, guards, matrons, lunas, and cooks employed in any county jail. This section shall apply only to county employees in service on December 31, 1927, who, if members of the police force on that date, would be or would have been entitled to membership in one of the pension systems provided for by this part, and who shall have applied to the board of trustees of the pension system in which they are entitled to claim membership under this section before January 1, 1932. No employee who complies with this section shall be held to have waived the employee's right to membership in any such system by reason of the employee's having joined or become a member of the employees' retirement system after December 31, 1927, but the membership in the system shall cease when the person becomes a member of any pension system. The board of trustees shall pass upon the applications and determine whether or not the applicants are entitled to membership under this section. [L 1931, c 286, §§1, 2; RL 1935, §7913; RL 1945, §6182; RL 1955, §6-131; am L 1963, c 65, §2b; HRS §88-152; gen ch 1985]

HRS §88-154 Officers of the board; duties

88-154. Officers of the board; duties The county clerk shall ex officio be the secretary of the board of trustees and shall keep in a separate book a true and correct account of the proceedings of the board. The county attorney shall be the legal adviser of the board. The treasurer of the county shall ex officio be the treasurer of the board. The auditor of the county shall audit all accounts of the pension system and shall draw all warrants payable therefrom, which warrants shall be drawn only upon the order of a majority vote of the three members of the board, which order shall be certified to by the chairman and one other member of the board. The treasurer shall collect all moneys belonging to the system, shall have the custody of all its notes, bonds, and other securities, if any, and shall collect the principal and interest of the same, and he shall be liable on his bond as treasurer for the faithful accounting of all moneys and securities which may come into his hands belonging to the system. The treasurer shall, upon the expiration of his term of office, account to the board for all moneys, notes, bonds, and other securities coming into his hands and the proceeds of the same, and turn over to his successor in the office of treasurer all moneys, notes, and other securities belonging to the system remaining in his hands. [L 1917, c 220, pt of §1; RL 1925, pt of §2161; RL 1935, pt of §7903; am L 1939, c 86, pt of §1; RL 1945, pt of §6171; RL 1955, §6-133; am L 1963, c 65, §2c; HRS §88-154]

HRS §88-155 Medical board

88-155. Medical board Assisting the board of trustees there shall be a medical board to be composed of three licensed physicians, one of whom shall be the physician for the county, another of whom shall be appointed by the board of trustees, and the third of whom shall be named by agreement of the other two physicians. If for any reason any regular member of the medical board shall be unable to, or in the judgment of the board of trustees may not properly, act in any particular case, the board may designate a substitute to act on the particular case on the medical board. The medical board shall arrange for and pass upon all medical examinations required and shall perform all other services as may be required of it by the board of trustees, pursuant to this part, and shall report in writing to the board of trustees its conclusions and recommendations upon all matters referred to it. The medical board shall act by a majority of its members. [L 1933, c 46, §2; RL 1935, §7906; am L 1939, c 86, §4; RL 1945, §6175; RL 1955, §6-134; HRS §88-155]

HRS §88-156 Appropriations and expenditure

88-156. Appropriations and expenditure Annually the council of each county (or the city council in the case of the city and county of Honolulu) shall appropriate out of the general fund of the county the full amount required for each fiscal year to cover the payment of pensions and benefits granted under this part. The appropriations shall be made so long as it shall be necessary to pay all pensions to persons on the pension rolls of the system as of December 31, 1927, and to pay all pensions which may become payable to or on account of all police officers, firefighters and bandsmen who were in service on December 31, 1927. All the pensioners and police officers, firefighters, and bandsmen shall be entitled to benefits at the full rates. Expenditure of the appropriations shall be solely for the purposes set forth in this part. [L 1917, c 220, pt of §2; RL 1925, pt of §2162; am L 1927, c 249, §1; RL 1935, pt of §7904; RL 1945, pt of §6172; RL 1955, §6-135; am L 1957, c 66, §1; am L 1963, c 65, §2g; HRS §88-156; am L 1983, c 124, §15]

HRS §88-157 Use of donations, contributions, gifts, or bequests

88-157. Use of donations, contributions, gifts, or bequests All moneys received by the board of trustees as donations, contributions, gifts, or bequests to be used for the purposes set forth in this part shall be deposited into a special trust fund to be known as the "Police Officers, Firefighters, and Bandsmen Pension System Trust Fund" to be used for the purposes for which the moneys were received. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-137; am L 1963, c 65, §2i; HRS §88-157; am L 1983, c 124, §15]

HRS §88-158 Disability retirement benefits

88-158. Disability retirement benefits Whenever any member of the police force, fire department, or band of any county shall, on examination by the medical board provided for in section 88-155, be found to be disabled physically or mentally because of any injury received or disease contracted while in the performance of the member's duty so as to render necessary the member's retirement from the service on the police force, fire department, or band of the county, then the board of trustees shall authorize a monthly payment to the person from the pension system of a sum equal to not less than one-quarter nor more than three-quarters of the person's average monthly compensation for the ten years (or less, if the person has had less than ten years) of the person's service, as defined in section 88-166, immediately preceding the person's adjudication of disability by the medical board. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-138; am L 1963, c 65, §2b; HRS §88-158; gen ch 1985]

HRS §88-159 Reexamination of disability beneficiary; hearing

88-159. Reexamination of disability beneficiary; hearing After any member of the police force, fire department, or band has been retired upon pension by reason of disability, the board of trustees shall have the right at any time to cause the retired member again to be brought before it and examined by the medical board, and shall also have the right to examine other witnesses for the purpose of discovering whether the disability still continues, and whether the retired member should remain on the pension roll; but the retired member shall be retained on the pension roll until reinstated in the service of the police force, fire department or band, except in case of dismissal or resignation. The retired member shall be entitled to notice, and to be present at the hearing of evidence, shall be permitted to propound any question pertinent or relevant to the matter and shall also have the right to introduce evidence upon the retired member's own behalf. All witnesses so produced shall be examined under oath and any member of the board of trustees is authorized to administer the oath. Should the retired member recover from the retired member's disability and be, in the opinion of the medical board, again fit for active duty, then the member shall again be put on active duty and full pay, and from the time the board of trustees shall decide that the member is fit for active duty, the member shall cease to be entitled to any payments out of the pension system because of disability for which the member was retired. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-139; am L 1963, c 65, §2b; HRS §88-159; gen ch 1985]

HRS §88-160 Service retirement benefits

88-160. Service retirement benefits (a) Any member of the police force, fire department, or band who has been in the service of any county as a member of the police force, fire department, or band for twenty years and less than twenty-five years, upon the member's written application to the board of trustees to be retired, shall be retired from the police force, fire department, or band, and the member shall thereafter receive from the pension system a monthly payment equal to forty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement. (b) Any member of the police force, fire department, or band who has been in the service of the county as a member of the police force, fire department, or band for twenty-five years, upon the member's written application to the board to be retired, shall be retired from the police force, fire department, or band and the member shall thereafter receive from the pension system a monthly payment equal to fifty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement. (c) Any member of the police force, fire department, or band who has been in the service of the county as a member of the police force, fire department or band for more than twenty-five years, upon the member's written application to the board to be retired, shall be retired from the police force, fire department, or band and the member shall thereafter receive from the pension system a monthly payment equal to fifty per cent of the average monthly compensation for the five years of the member's service, as hereinafter defined, immediately preceding the date of the member's retirement, plus two per cent for each year in excess of twenty-five years, but not in excess of eighty per cent. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; am L 1933, c 46, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; am L 1953, c 149, §1; RL 1955, §6-140; am L 1963, c 65, §2b; am L 1967, c 131, §1; HRS §88-160; gen ch 1985]

HRS §88-161 Dismissal after twenty years' service; pensions

88-161. Dismissal after twenty years' service; pensions Any member of the police force, fire department or band who is dismissed therefrom for any cause other than for being convicted of a felony, after the member shall have been in actual service for twenty years or more, shall receive from the pension system a monthly payment equal to forty per cent of the average monthly compensation for the ten years of service immediately preceding the member's dismissal. [L 1917, c 220, §7; RL 1925, §2167; am L 1933, c 46, §4; RL 1935, §7910; RL 1945, §6179; RL 1955, §6-141; am L 1963, c 65, §2b; HRS §88-161; gen ch 1985]

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

88-163. Death benefits: funeral expenses; payments to dependents (a) Upon the death of any member of the police force, fire department, or band, as a result of any injury received or disease contracted while in the performance of his duty, or when entitled to a pension under this part or who has been pensioned under this part there shall be paid, for funeral expenses, a sum not to exceed $100. Should the deceased member leave a dependent widow or reciprocal beneficiary and a child or children under the age of eighteen years, then there shall be paid out of the system $50 per month to the widow until her death or remarriage or to the reciprocal beneficiary until death, marriage, or entry into a new reciprocal beneficiary relationship and $7.50 per month to the widow or reciprocal beneficiary for each child so long as the child shall reside with the widow or reciprocal beneficiary or is supported by the widow or reciprocal beneficiary. Upon the death of such widow or reciprocal beneficiary, or in the event the deceased member leaves no widow or reciprocal beneficiary but a child or children under the age of eighteen years, then there shall be paid out of the system $50 per month to the child or children of the deceased member under the age of eighteen years with each child, if there be more than one, receiving an equal share of the $50 per month payment plus $7.50 per month. All payments to a child of a deceased member provided for herein shall cease when he or she arrives at the age of eighteen years. (b) If any member of the police force, fire department or band, dies not leaving a widow or reciprocal beneficiary, but leaving a father or mother dependent upon him, the father or mother (but not both) shall, upon satisfactory proof of dependency being made to the board of trustees receive from the system a sum not exceeding $50 per month. The board shall determine whether the father or mother is dependent and how much of the amount herein provided for shall be paid to him or her. If there be no widow or reciprocal beneficiary and no child and no father or mother, but dependent brothers or sisters, then such pension shall be paid to them in such sums as shall not exceed the aggregate amount of $30 per month. All pensions authorized as provided in this subsection shall be subject to reduction by the board of trustees whenever, in its judgment, circumstances make it reasonable, fair, or necessary. All pensions so reduced may thereafter be restored or further reduced as the board may deem best. (c) On the remarriage of any widow or reciprocal beneficiary entitled to the benefits of any sum, or in the event of any father or mother, brothers or sisters ceasing to be dependents then the payments to them shall cease. [L 1917, c 220, pt of §3; am L 1923, c 99, §1 and pt of §2; RL 1925, pt of §2163; am L 1929, c 9, pt of §1; am L 1931, c 144, §1; RL 1935, pt of §7905; am L 1939, c 86, §2; RL 1945, pt of §6173; RL 1955, §6-143; am L 1963, c 65, §2b, j; am L 1967, c 141, §1; HRS §88-163; am L 1997, c 383, §31]

HRS §88-164 Benefits in lieu of other payments

88-164. Benefits in lieu of other payments The benefits set forth in this part shall be in lieu of any or other compensation payable to a member of a police force, fire department, or band or any of the member's dependents under or on account of chapter 386, or any other claim or demand against the county by whom the member is employed. However, the member of the police force, fire department, or band or the member's dependents may, at the member's or their election, waive the benefit provided for in this part and in lieu thereof claim any compensation or benefits that would otherwise be payable to the member or the member's dependents under chapter 386, or in any manner authorized by law. [L 1917, c 220, pt of §3; am L 1923, c 99, pt of §2; RL 1925, pt of §2163; am L 1929, c 9, pt of §1; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-144; HRS §88-164; gen ch 1985]

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

88-166. Computation; service as police officer, firefighter, or bandsman To entitle anyone to be retired because of time of service only, the time served by the person upon the regularly constituted police force, fire department, or band on which the person shall then be serving, or of the Territory or the Republic of Hawaii, its predecessor, shall be computed, but all times so served by the person before, as well as after May 2, 1917, shall be included in the computation. No time served by any person as a special police officer or a police officer solely paid by any private person, or as a merchant police officer, shall be considered in computing the length of service of the person in the police force. [L 1917, c 220, pt of §3; RL 1925, pt of §2163; RL 1935, pt of §7905; RL 1945, pt of §6173; RL 1955, §6-146; HRS §88-166; am L 1983, c 124, §15; gen ch 1985]

HRS §88-167 Computation; prior credits

88-167. Computation; prior credits The board of trustees of the pension system for each county shall include and take into consideration, when computing the period of service of each member of the pension system to determine the member's eligibility for retirement and also to determine the amount of any pension allowable to the member on such retirement, not only service as a police officer, firefighter, or bandsman in such county, but any other service under the government of the county, for which service the member would be entitled to "prior service credit" or "membership service" as defined in part II, if the member had become a member of the retirement system on January 1, 1928, as a person then in the service of the county. No additional credit for service other than as a police officer, firefighter, or bandsman, provided for by this section, shall be given to any member of the pension system unless the member shall have, on or before December 31, 1941, applied to the trustees of the pension system upon such forms and in accordance with such rules as the trustees shall prescribe, for the additional service credit. This section shall apply to persons pensioned before, as well as after, April 30, 1941, but any increase of pension resulting from the additional service credit allowed under this section shall not be retroactive as to pension payments made prior to April 30, 1941. [L 1941, c 133, §§1, 2; RL 1945, §6174; RL 1955, §6-147; am L 1963, c 65, §2b; HRS §88-167; am L 1983, c 124, §15; gen ch 1985]

HRS §88-168 Orders, discipline, medical examination, etc

88-168. Orders, discipline, medical examination, etc Any member of the police force, fire department or band placed on the retired list, except those who have served on the force for twenty years or more and have retired for that reason, shall report for duty to the head of the police force, fire department or band, respectively, from time to time as may be ordered by the board of trustees or may be provided for in the bylaws of the board and shall be subject to the orders and discipline of the head of the police force, fire department, or band, respectively, and shall perform such duties as may be required of the member and for which, in the opinion of the medical board, the member may be fit, and for which the member shall be allowed full pay. For any refusal to obey these orders and for a breach of discipline, the head of the police force, fire department or band, as the case may be, shall report the member at once to the civil service commission in any county having a civil service commission, otherwise to the county council for such action as it may be deemed proper for the good of the service. The member shall be subject to punishment and dismissal in the same manner as those in active service. Any pension the retired member may have received shall cease in case of the retired member's expulsion, and the pension for any refusal to obey orders and all other breaches of discipline as aforesaid shall be subject to whatever orders may be deemed proper by the civil service commission, or the county council as the case may be. The medical board shall make all examinations of the members of the police force, fire department, or band of the county whenever requested by the board of trustees or whenever requested by any member, for the purpose of certifying to the member's physical or mental condition to the board of trustees. [L 1917, c 220, §4; RL 1925, §2164; am L 1933, c 46, §3; RL 1935, §7907; RL 1945, §6176; RL 1955, §6-148; HRS §88-168; gen ch 1985]

HRS §88-169 Payments of pensions; inalienable

88-169. Payments of pensions; inalienable If at any time there should not be sufficient money to the credit of the pension system to pay all claims against it in full, claims on account of the death of members of the police force, fire department, or band, shall be paid first in full with as little delay as possible, after which an equal percentage shall be paid upon all other claims to the full extent of the funds on hand until the funds be replenished so as to pay them in full. All pensions shall be paid by the treasurer at the treasurer's office at the same time and in such installments as the members of the police force, fire department, or band are paid. All pensions granted and payable out of the pension system shall be exempt from seizure or levy upon attachment, execution, supplemental process, and all other process whether mesne or final and shall not be subject to sale, assignment, or transfer by any beneficiary. [L 1917, c 220, §5; RL 1925, §2165; RL 1935, §7908; RL 1945, §6177; RL 1955, §6-149; am L 1963, c 65, §2b; HRS §88-169; gen ch 1985]

HRS §88-170 Forfeiture of pension

88-170. Forfeiture of pension Whenever any person who has received a pension from the pension system fails to report oneself for examination for duty (unless excused by the board of trustees), or disobeys the requirements of the board in respect to such examination, or fails to perform such duty as may be required of the person if found able to perform such duty, then the board shall order that the pension allowed and paid to the person shall cease permanently or temporarily. [L 1917, c 220, §6; RL 1925, §2166; RL 1935, §7909; RL 1945, §6178; RL 1955, §6-150; am L 1963, c 65, §2b; am L 1967, c 169, §1; HRS §88-170; gen ch 1985]

HRS §88-171 Public hearings; notice

88-171. Public hearings; notice All adjudications by the board of trustees required by this part in connection with applications for pensions, revocations of pensions, or otherwise, shall be made by the board only after public hearings, public notice of which shall be given by the board at least once at least ten days before the date of hearing, and actual notice of which shall be given to the person concerned, if available, which notice shall specifically state that the person interested shall have the right to be present in person or by representative and to be represented by counsel. [L 1933, c 46, §6; RL 1935, §7914; RL 1945, §6183; RL 1955, §6-151; HRS §88-171; am L 1998, c 2, §26]

Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0088/HRS_0088-.htmFetched: 11/10/2026