Hawaii Revised Statutes

Haw. Rev. Stat. § 88-73 (2026)

Service retirement

✓ current as of July 2026

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§88-73 Service retirement. (a) Any member who:

(1) Became a member before July 1, 2012, and has at least five years of credited service and has attained age fifty-five;

(2) Became a member before July 1, 2012, and has at least twenty-five years of credited service;

(3) Has at least ten years of credited service, which includes service as a judge before July 1, 1999, an elective officer, or a legislative officer;

(4) Becomes a member after June 30, 2012, and has at least ten years of credited service and has attained age sixty; or

(5) Becomes a member after June 30, 2012, and has at least twenty-five years of credited service and has attained age fifty-five,

shall become eligible to receive a retirement allowance after the member has terminated service.

(b) Any member who first earned credited service as a judge after June 30, 1999, but before July 1, 2012, and who has at least five years of credited service and has attained age fifty-five or has at least twenty-five years of credited service shall become eligible to receive a retirement allowance after the member has terminated service. Any member who first earned credited service as a judge after June 30, 2012, and has at least ten years of credited service and has attained age sixty or has at least twenty-five years of credited service and has attained age fifty-five shall be eligible to receive a retirement allowance after the member has terminated service.

(c) A member may retire upon the written application specifying the date of retirement, which shall not be less than thirty days nor more than one hundred fifty days subsequent to the date of filing. Retirement shall be effective on the first day of a month, except for the month of December when retirement on the first or last day of the month shall be allowed.

(d) Any member of the legislature who attains age sixty-five may retire and receive a service retirement allowance although the member continues to fill the elective position.

(e) In the case of a class A or B member who also has prior credited service under part VII or part VIII, total credited service as a class A, class B, class C, and class H member shall be used to determine the eligibility for retirement allowance.

(f) A member's right to the member's accrued retirement benefit is nonforfeitable upon the attainment of normal retirement age and the completion of the requisite years of credited service.

For the purpose of this subsection:

"Normal retirement age" means age sixty-five.

"Requisite years of credited service" means five years for class A and B members who became members before July 1, 2012, and ten years for class A and B members who became members after June 30, 2012. [L 1925, c 55, §6(1); RL 1935, pt of §7925; RL 1945, §708, subs 1; am L 1947, c 85, §1(c); RL 1955, §6-41; am L 1957, c 24, §1 and c 231, §1(b); am L 1959, c 67, §1; am L 1961, c 175, §1; am L 1963, c 127, §3; am L 1964, c 62, §4; HRS §88-63; am L 1969, c 110, pt of §1; am L 1971, c 90, §2; am L 1975, c 199, §1; am L 1982, c 115, §2; am L 1984, c 85, §2; am L 1987, c 117, §1; am L 1991, c 96, §1(2); am L 1998, c 151, §5; am L 1999, c 65, §2; am L 2002, c 128, §4; am L 2003, c 118, §3; am L 2004, c 179, §9; am L 2008, c 47, §9; am L 2011, c 163, §4; am L 2013, c 124, §2]

Attorney General Opinions

Paragraph (3) authorizes payment of allowance only to a legislator over 65; all other retirees who reenter government service not entitled to continuation of allowance. Att. Gen. Ops. 66-26, 68-15.

Precludes board of regents from adopting a mandatory retirement policy. Att. Gen. Op. 84-6.

Case Notes

Retirement occurs not upon execution and filing of application but upon date specified. 61 H. 596, 607 P.2d 415.

Notes of Decisions

Cited in 6 cases (2 in the last 5 years), 1970–2025 · leading case: Chun v. Employees' Ret. Sys., 607 P.2d 415 (Haw. 1980).

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Chun v. Employees' Ret. Sys., 607 P.2d 415 (Haw. 1980). · cites it 15× “The manner in which various classes of members effectuate service retirement is set forth in HRS § 88-73 which states in pertinent part: § 88-73 Service Retirement.”

Mortensen v. Bd. of Trs. of the Employees' Ret. Sys., 473 P.2d 866 (Haw. 1970). · cites it 12× “This decision was appealed to the Board of Trustees pursuant to rules promulgated under HRS § 88-73 (1968) (now, as amended, included in HRS § 88-82 (Supp.”

Nelson v. Miwa, 546 P.2d 1005 (Haw. 1976). · cites it 6× “1975), HRS § 88-73 (Supp. 1975), and HRS § 297-15.”

Slaton v. State., 564 P.3d 330 (Haw. App. 2025). · cites it 2× “However, the extent of such benefits as well as the conditions under which an employee should receive benefits, are governed by applicable statutory provisions, among which is the condition expressed in HRS § 88-73(1). Id. at 606, 607 P.2d at 421 (emphasis added).”

Papa v. Bd. of Trs., 657 P.2d 1027 (Haw. 1983). · cites it 2× “In addressing this issue, consider the effect, if any, of the statutory provision regarding “Election of mode of retirement allowance,” enacted with the other relevant provisions of Act 110,1969 SLH 94,107,109-10,112 (current versions at HRS §§ 88-73 to -74, -77 to -80, -83…”

Sierra Club v. Bd. of Land & Nat. Resources. Dissenting Opinion by Nakasone, J. Consol. with CAAP-22-0000519. (Haw. App. 2024). · cites it 2× “In Mortensen a statute — HRS § 88-73 — required a contested case hearing by the Board of Trustees of the Hawai#i Employees' Retirement System on state employees' applications for accidental disability retirement benefits.”

— Haw. Rev. Stat. § 88-73(1) — 2 cases

Chun v. Employees' Ret. Sys., 607 P.2d 415 (Haw. 1980). “The manner in which various classes of members effectuate service retirement is set forth in HRS § 88-73 which states in pertinent part: § 88-73 Service Retirement.”

Slaton v. State., 564 P.3d 330 (Haw. App. 2025). “However, the extent of such benefits as well as the conditions under which an employee should receive benefits, are governed by applicable statutory provisions, among which is the condition expressed in HRS § 88-73(1). Id. at 606, 607 P.2d at 421 (emphasis added).”

— Haw. Rev. Stat. § 88-73(a) — 1 case

Nelson v. Miwa, 546 P.2d 1005 (Haw. 1976). “1975), HRS § 88-73 (Supp. 1975), and HRS § 297-15.”

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