HAR §14-44-20. Disclosure of information

Information about a participant shall only be disclosed to the participant or a person authorized in writing by the participant, unless otherwise authorized by law. [Eff 5/12/83; comp ~~ -7 2023 (Auth: HRS §88E-3) (Imp: HRS §88E-3) SUBCHAPTER 5 DISTRIBUTION OF BENEFITS 44-12 §14-44-21 §14-44-21 When payable; earliest and latest dates; suspension of benefits. (a) Benefits under the plan shall be paid or made available to the participant no earlier than: (1) Separation from service when an employee is no longer employed by an employer under the plan due to termination, retirement, or death; (2) The occurrence of an unforeseeable emergency as provided in sections 14-44-30 to 14-44­ 33; or (3) The occurrence of a public health emergency or pandemic during which federal tax relief assistance is made available, and as provided in sections 14-44-44 to 14-44-45. (b) In the event of a qualified domestic relations order, the administrator may commence the payment of benefits pursuant to the terms of the qualified domestic relations order. (c) Payment of benefits shall commence no later than sixty days after the close of the calendar year in which the participant separates from service or the participant attains or would have attained normal retirement age as defined in section 14-44-23, whichever is later. (d) In the event a participant has begun receiving benefits under the plan after retiring, and subsequently becomes reemployed by an employer, payment of benefits shall be automatically suspended, and benefits shall commence when the employee is no longer employed by the employer. (e) Notwithstanding section 14-44-21(a), a participant may elect to receive, or the board may direct the administrator to distribute without the participant's consent, the total amount payable to a participant under the plan if: (1) The total amount payable to a participant does not exceed the dollar limit specified in section 411 (a) (11) (A) of the Code; (2) The participant has not deferred any compensation under the plan during the two­ 44-13 §14-44-21 year period immediately prior to the date of distribution; and (3) The participant has not previously received a distribution under the plan as allowed in this subsection. An election by a participant shall be made on a distribution request form, which shall be filed with the administrator and subject to the administrator's approval. Any distribution approved or directed under this subsection shall supersede all prior conflicting elections made by a participant. [Eff 5/12/83; am 1 / 5/ 98; am and comp \OCT -7 2023 ] (Auth: HRS §8 8E­ 3) (Imp: HRS §88E-3) §14-44-22 Distribution request form; filing requirements. (a) A completed distribution request form prescribed by the board shall be filed with the administrator upon separation from service. Additional information may be required by the board prior to approval of the request. (b) The following shall be entered on the form: (1) Identifying information, including name, social security number, date of birth, home address, and home telephone number; (2) Date of and reason for separation from service; (3) Whether the catch-up provision has been utilized; (4) Normal retirement age; (5) Payment option; (6) Commencement date of payments; and (7) Signature authorizing proper withholding of taxes and certifying the information is true and correct to the best of the person's knowledge and belief. (c) The form shall be filed no later than thirty days after the close of the calendar year in which the separation from service occurs. (d) In the event a distribution request form is not filed within the prescribed time or is otherwise 44-14 §14-44-24 rendered ineffective by the plan or this chapter, benefits shall be paid in accordance with section 14­ 44-26. [Eff 5/12/83; am and comp OCT - 1 ;2023 l (Auth: HRS §88E-3) (Imp: HRS §88E-3) §14-44-23 Normal retirement age defined; designation. (a) Normal retirement age means any age, at the option of the participant, that is within the range of ages: (1) Beginning no earlier than the earliest age at which the participant has the right to retire under the employees' retirement system and to receive immediate benefits without reduction; and (2) Ending not later than age 70 1/2. However, if a participant continues to work beyond the specified ages, normal retirement age shall not be later than the mandatory retirement age applicable to the participant or the date the participant separates from service with the employer. (b) The participant shall designate a normal retirement age on the participation agreement or distribution request forms. In the absence of a designation, normal retirement age shall be age sixty­ five. [Eff 5/12/83; comp OCT Ji ] (Auth: HRS §88E-3) (Imp: HRS §88E-3)