Federal tax qualification requirements
HRS §88-22.5
in effect88-22.5. Federal tax qualification requirements
(a) The system shall be administered in accordance with the requirements of section 401(a)(1), (2), (8), (9), (25), (31), and (37) of the Internal Revenue Code of 1986, as amended. Without limiting the generality of the foregoing and notwithstanding any provision of chapter 88 to the contrary:
(1) Prior to the satisfaction of all liabilities with
respect to members and their beneficiaries, no part of the corpus or income of
the system shall be used for or diverted to purposes other than for the
exclusive benefit of members and their beneficiaries. The payment of
reasonable expenses from the expense fund for the administration of the system
in accordance with section 88-116 shall be deemed to be for the benefit of
members and their beneficiaries;
(2) Benefits forfeited by a member for any reason
shall not be applied to increase the benefits a member or beneficiary would
otherwise receive under the system;
(3) In accordance with section 88-74.7 and rules
adopted by the board of trustees, the entire interest of a member shall be
distributed or distribution shall begin no later than the member's
"required beginning date", as defined in section 401(a)(9) of the
Internal Revenue Code of 1986, as amended;
(4) In accordance with rules adopted by the board of
trustees, a member or beneficiary may elect, at the time and in the manner
prescribed by the board of trustees, to have any portion of an "eligible
rollover distribution" paid in a "direct rollover" to an
"eligible retirement plan", as those terms are defined in section
401(a)(31) of the Internal Revenue Code of 1986, as amended;
(5) If the termination of or complete discontinuance
of employer contributions to the system occurs, the rights of all members to
benefits accrued as of the date of the termination or discontinuance, to the
extent then funded, shall be nonforfeitable; and
(6) In the case of a member who dies while performing
qualified military service, as defined in section 414(u)(5) of the Internal
Revenue Code, the survivors of the member shall be entitled to any additional
benefits (other than benefit accruals relating to the period of qualified
military service) provided under this chapter had the member resumed and then
terminated employment on account of death; provided that this paragraph shall
not limit the rights to which a member's designated beneficiary, spouse, reciprocal
beneficiary, or children are otherwise entitled by this chapter; provided
further that the legislature finds that section 88-137 provides the benefits
required by this paragraph.
(b) The board of trustees shall adopt rules
necessary for the purposes of this section. Rules adopted for the purposes of
this section shall be exempt from the public notice, public hearing, and
gubernatorial approval requirements of chapter 91; provided that the rules
shall be adopted at a public meeting subject to the requirements of part I of
chapter 92 and a copy of the proposed rules shall be available for public
inspection at the office of the system at least six calendar days before the
meeting.
(c) Notwithstanding sections 572B-9 and
572B-11, unless the civil union partners are "spouses" under
applicable federal law, civil union partners shall not be entitled to the
rights of spouses under this chapter where they are not entitled to the rights
of spouses under the Internal Revenue Code.
[L 2004, c 182, §1; am L 2011, c
96, §3; am L 2013, c 123, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0088/HRS_0088-0022_0005.htmFetched: 11/10/2026