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2000 Hawaii Attorney General Reports and Opinions 1 (2000)

handle is hein.sag/saghi0043 and id is 1 raw text is: BENJAMIN J. CAYETANO             4                            EARL 1. ANZAI
GOVLHNOH OF HAWAII                                          AT (OHNLY CLtILHAL
THOMAS R. KELLER
FIRST DLP0IY Al IOHNLYGLNLRAL
STATE OF HAWAII
DEPARTMENT OF THE ATTORNEY GENERAL
425 QUEEN STREET
HONOLULU, HAWAII 96813
(808) 586-1500
February 9, 2000
Ms. Koren Dreher
Chair, Board of Trustees
Employees' Retirement System
of the State of Hawaii
City Financial Tower
201 Merchant Street, Suite 1400
Honolulu, Hawaii 96813
Dear Ms. Dreher:
Re: Government Employees' Retirement Benefits --
High-3 Reform
The previous Administrator of the Employees' Retirement
System (ERS) requested advice regarding the calculation of
retirement benefits for current elected officials (elective
officers) and legislative officers as prescribed by Act 374,
Session Laws of Hawaii 1997 (hereinafter referred to as Act or
Act 374). The Administrator indicated that in order to
expedite the advice on elective officers, the question on
legislative officers can be addressed separately. We will
therefore presently address the question only as it relates to
elective officers.
I. ISSUE
How should retirement benefits of elective officers who were
elective officers on July 1, 1997, be calculated pursuant to Act
374?
II. SHORT ANSWER
In our view, in general the calculation should be made thus:
the law as it existed before the effective date of the Act is
applied to service accrued before the effective date of the Act
(i.e., elective officers can apply a high average final

Op. No. 2000-01

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