Municipal and County Pension Systems

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

in effect

HRS §88-182 Members: appointment, terms, removals

88-182. Members: appointment, terms, removals Except in the counties of Hawaii and Maui, each pension board shall consist of five members to be appointed for terms of five years. The original members shall be appointed for staggered terms so that one shall expire on June 30 of each year. All vacancies occurring otherwise than by expiration of the term shall be filled by appointment for the remainder of the unexpired term. One of the members shall be named by the appointing power as chairperson. The members shall be appointed by the mayor, or chairperson of the council of the county, as the case may be, with the approval of the council, and the members may be removed by the appointing power with the approval of the following number of other members of the council: in the city and county of Honolulu, five; in the county of Kauai, three. The pension board for the county of Maui and the county of Hawaii shall consist of the chairperson of the council of the county, the county auditor, and the county treasurer. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); am L 1943, c 116, §§1, 2; RL 1945, pt of §6184; RL 1955, §6-161; HRS §88-182; am L 1998, c 124, §7]

HRS §88-183 Qualifications

88-183. Qualifications Except in the counties of Hawaii and Maui, no person shall be appointed as a member of the pension board unless the person be a registered voter who has resided for five or more years in the county for which appointed; no person shall be eligible for membership or be a member of any such board, who occupies any elective or appointive office or position under any county government; and no member of any of such boards shall, during the term for which the member was appointed, serve as an officer or committee member of any political party or organization, nor shall the member present oneself as a candidate or be a candidate for nomination or election to any public office in any primary or general election during the term. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt of §6184; RL 1955, §6-162; am imp L 1967, c 80, §1; HRS §88-183; gen ch 1985]

HRS §88-184 Expenses; appropriations

88-184. Expenses; appropriations The members of the pension boards shall serve without pay, but the respective county councils shall appropriate annually a sum sufficient to, and shall, defray the necessary expenses of the boards, including moneys required to cover the payment of pensions granted under this part; provided that the board of water supply of the city and county of Honolulu shall annually appropriate sufficient moneys to cover, and there shall be paid from such moneys, pensions granted under this part as a result of employment in the service of the board of water supply. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt of §6184; RL 1955, §6-163; HRS §88-184]

HRS §88-185 Assistants; county clerk, attorney, and treasurer

88-185. Assistants; county clerk, attorney, and treasurer The county clerk shall be the ex officio secretary of the pension board of the clerk's county 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 advisor of the board of the attorney's county; provided that the board, with the approval of the council of the county, may employ private legal counsel. The county treasurer shall be the ex officio treasurer of the board of the treasurer's county. The county auditor shall audit all accounts of the pension fund of the county and the county auditor shall draw all warrants payable therefrom, which warrants shall be drawn only upon a voucher certified by the chairperson, or acting chairperson, and one other member of the board. The county treasurer shall collect all moneys belonging to the fund, have the custody of all its notes, bonds, and other securities, if any, and collect the principal and interest of the same, and the treasurer shall be liable on the treasurer's bond as treasurer for the faithful accounting of all moneys that may come into the treasurer's hands belonging to the pension fund. The treasurer shall, upon the expiration of the treasurer's term of office, account to the board for all moneys, notes, bonds, and other securities coming into the treasurer's hands and the proceeds of the same, and turn over to the treasurer's successor all moneys, notes, and other securities remaining in the treasurer's hands and belonging to the pension fund. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); am L 1941, c 249, §1; RL 1945, pt of §6184; RL 1955, §6-164; HRS §88-185; am L 1998, c 124, §8]

HRS §88-186 Meetings

88-186. Meetings Each pension board shall meet at least once each quarter. No board shall defer action upon any application for a pension beyond the second quarterly meeting following the date of the filing thereof. [L 1937, c 237, §1; am L 1939, c 112, pt of §1(a); RL 1945, pt of §6184; am L 1947, c 87, §1; RL 1955, §6-165; HRS §88-186]

HRS §88-188 Additional conditions

88-188. Additional conditions The pension systems shall further provide, subject to this part, that: (1) If an employee becomes unable to work before the employee reaches the age of sixty after the employee has had ten or more years of service, the employee may retire, regardless of age, on a disability allowance payable for the remainder of the employee's life or until the employee is able to return to work. The allowance shall be established at nine-tenths of one-seventieth of the employee's average annual salary or compensation during the last ten years of employment by the county multiplied by the number of the employee's years of service. (2) If an employee prior to May 17, 1937, met with an accident incurred without the employee's fault or negligence in the performance of duty in the employee's service for the county which has rendered the employee incapable of continuing the employee's work the employee may retire on a pension of sixty-six and two-thirds per cent of the employee's average annual salary or compensation during the last ten years or such lesser time as the employee may have been in county employment, for life or until the employee is able to return to service. [L 1937, c 237, §3; RL 1945, §6186; RL 1955, §6-167; HRS §88-188; gen ch 1985]

HRS §88-190 Amount

88-190. Amount No pension under this part except an accidental disability pension shall be granted or paid which shall exceed the annual amount of one-seventieth of the average annual salary or compensation received by the person to whom the pension is granted during the last ten years of the person's employment by the county, multiplied by the number of years during which the person was in the employment or service of the county; provided notwithstanding any other provisions of this part, and regardless of the computed amount, any person or widow eligible to a pension shall be granted and paid not less than $50 per month. [L 1937, c 237, §4; am L Sp 1941, c 59, §1; RL 1945, §6187; RL 1955, §6-169; HRS §88-190; am L 1969, c 127, §34; gen ch 1985]

HRS §88-191 Computation of service

88-191. Computation of service Whenever the term of ten years is mentioned in this part, each year of the ten years shall be computed by adding together the months of service (including portions of any month, where the full month has not been served, as a full month), and dividing the months by twelve. "Service" means service in any county, and where the proposed pensioner has service in any other county than the one by which it is proposed that he be pensioned, his service in the other county shall be added to his service in the pensioning county in order to determine his eligibility for or the amount of pension, provided his service in the police department under the sheriff, prior to the creation of the government of the city and county of Honolulu in 1905, shall be included. [L 1941, c 302, pt of §1; RL 1945, §6188; am L Sp 1949, c 58, §1; RL 1955, §6-170; HRS §88-191; am L 1974, c 121, §1]

HRS §88-192 Examination by physician

88-192. Examination by physician In connection with the consideration of any application for disability pension or review of the pension granted under this part, any county pension board may refer any applicant or person receiving the pension to any physician receiving a regular monthly salary or fee from the State or any of its political subdivisions for physical examination and report to the board thereon as to the existence or continuance of disability. Any physician to whom the application is referred shall make the necessary physical examination and report the physician's findings and recommendations to the board, but shall neither charge nor receive any fee for the particular examination and report. [L 1937, c 237, §6; am L 1939, c 112, §1(e); RL 1945, §6189; RL 1955, §6-171; HRS §88-192; gen ch 1985]

HRS §88-193 Compliance with law required

88-193. Compliance with law required No pension shall be granted by any county (except under present provisions of law relating to police, firefighters, and bandsmen and under part V) unless the same shall comply with the requirements of this part. [L 1937, c 237, §7; RL 1945, §6190; am imp L 1945, c 264; RL 1955, §6-172; HRS §88-193; am L 1983, c 124, §15]

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