HAR §12-46-137. Prohibition of mandatory retirement

(a) Before April 30, 1984, nothing in chapter 378, HRS, was deemed to affect the operation of the terms or conditions of any bona fide retirement, pension, employee benefit, or insurance plan. This authorized involuntary retirement regardless of age provided that the retirement is pursuant to the terms of a bona fide retirement or pension plan. The involuntary retirement provision had to be contained in a bona fide pension or retirement plan and be required by the terms of the plan and not be optional. (b) Effective April 30, 1984, section 378-3 (4), HRS, prohibits mandatory retirement by modifying the 46-8~ ( exception for bona fide pension and retirement plans. To allow time for the adjustment of existing collective bargaining agreements and other retirement and pension systems, section 378-3(4), HRS, provides a grace period of up to two years ending April 30, 1986, or until the termination of the plan or agreement, whichever occurs first. (c) It is not the intent of Act 85, SLH 1984, to require other changes in a bargaining agreement or retirement and pension plan. An employer or other covered entity is not required to provide benefits which were not provided prior to the removal of mandatory retirement provisions from an employee retirement or pension plan. (d) It shall not be unlawful for a plan to permit individuals to elect early retirement at a specified age at their own option. Nor is it unlawful for a plan to require early retirement for reasons other than age. [Eff 12/31/90; comp (Auth: [IRS §§368-3, 378-8) (Imp: HRS §§368-3, 378-3)