HAR §17-676-23. Pension and retirement benefits

(a) All pension and retirement benefits shall be counted as unearned income. (1) In the financial assistance programs, pensions and retirement benefits after any FICA, federal, and state income taxes are withheld, are considered countable net income. The equity in a retirement plan shall not be considered available when the individual is employed and unable to withdraw or make the money available during the individual’s term of employment. (2) In the food stamp program, pension and retirement benefits, prior to any deductions, are considered countable income. The cash value of pension plans or funds shall be treated as specified in section 17- 675-29. (b) Pensions may be administered by the federal government, state government, city government, unions, private corporations, or trust companies. (c) Children and spouses of the retired employee may also be eligible for pension benefits. [Eff 3/19/93; am 8/1/94; am 2/10/97; am 7/16/99; comp 11/09/06] (Auth: HRS §346-53) (Imp: HRS §346-29; 7 C.F.R §273.9(b); 45 C.F.R. §233.20)