§88-132 Service credit; payment of contributions. (a) Every active member of the system who leaves active service of the State or any county for the purpose of entering the military service of the United States in time of war or declared national or state emergency, or is called involuntarily to active duty after June 24, 1950, shall, so long as the member remains in military service, be allowed service credit in the system to the same extent as if the member were continuously in the active service of the State or county, as the case may be, in the position which the member held immediately prior to the member's entry into military service; provided that in no event shall the allowance of service credit exceed a period of four years.

(b) The State or county, as the case may be, in whose service the member was employed immediately prior to the member's induction into military service shall pay all contributions to the pension accumulation fund and to the annuity savings fund, and any other payment to the system, which would otherwise be payable to the system by the State, the county, or the member if the member had remained continuously in the active service of the State or county, as the case may be, during the period of the member's military service; provided that:

(1) The cumulative length of time for which a member shall be entitled to payment of the contributions shall not exceed four years;

(2) The member returns to state or county government service within ninety days of release from active duty or dies in the performance of the member's military service; and

(3) The member's release from active duty was under honorable conditions.

(c) The State or county, as the case may be, shall pay all contributions required to be made under subsection (b) within sixty days after:

(1) The member returns to state or county government service; or

(2) The State or county, as the case may be, receives notice of the member's death in the performance of the member's military duty.

(d) If the State or county, as the case may be, fails to pay the contributions within the time specified in subsection (c), the State or county, as the case may be, shall also pay to the system regular interest from the date the member returned to state or county government service or the date of the member's death in the performance of the member's military duty until payment is made. Regular interest paid on the portion of the contributions that would have been payable by the member shall be included in the member's accumulated contributions. [L 1951, c 262, pt of §3; RL 1955, §6-111; HRS §88-122; am L 1969, c 110, pt of §1; gen ch 1985; am L 1987, c 116, §1; am L 1989, c 100, §3; am L 2006, c 169, §22; am L 2011, c 163, §19]

Attorney General Opinions

Employee called to active duty as member of armed forces reserve is entitled to benefits provided by this subpart. Att. Gen. Op. 63-34.