Haw. Code R. § 6-26-5.01

Current through April, 2024
Section 6-26-5.01 - Spousal or reciprocal beneficiary notification
(a) No election by a member of any retirement allowance option in accordance with section 88-83, 88-283, or 88-333, HRS, shall take effect:
(1) Until the system provides the spouse or reciprocal beneficiary of the member written notification that:
(A) Specifies the retirement date, the retirement allowance option selected, and the beneficiary designated by the member; and
(B) Provides information indicating the effect of the election;
(2) Unless the member selects option 2, option 3, including an option that includes options 2 or 3 in combination with some other form of benefit payment, option A or option B and designates the spouse or reciprocal beneficiary as the beneficiary; or
(3) Unless it is established to the satisfaction of the board that the notice required under paragraph (1) cannot be provided because:
(A) There is no spouse or reciprocal beneficiary;
(B) The spouse or reciprocal beneficiary cannot be located; or
(C) The member has failed to notify the system that the member has a spouse or reciprocal beneficiary or has failed to provide the system with the name and address of the member's spouse or reciprocal beneficiary.
(b) The notice shall be in writing and provided in one of the following ways:
(1) Via hand-delivery; or
(2) By mail.
(c) Any notice provided to a spouse or reciprocal beneficiary, or determination that the notification of a spouse or reciprocal beneficiary cannot be provided, shall be effective only with respect to that spouse or reciprocal beneficiary. The system shall rely on the representations made by a member as to whether the member has a spouse or reciprocal beneficiary and the name and address of the member's spouse or reciprocal beneficiary. The member shall provide the representations to the system on a form prescribed by the system.

Haw. Code R. § 6-26-5.01

[Eff and comp NOV 26 2009] (Auth: HRS §§ 88-28, 88-83, 88-283, 88-333) (Imp: HRS §§ 88-83, 88-283, 88-333)
Comp 4/11/2022