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1984 Hawaii Attorney General Reports and Opinions 1 (1984)

handle is hein.sag/saghi0033 and id is 1 raw text is: VLOOR 4 DOCUMENTA' GEORGE R. ARIYOSHI GOVERNOR ATTORNEY GENERAL MICHAEL A. LILLY STATE OF HAWAII FIRST llPUTY ATTORNEY GENERAL DEPARTMENT OF THE ATTORNEY GENERAL STATE CAPITOL HONOLULU. HAWAII 96813 (808) SERIALS 4b JAN 231984 Op. No. 84-1 UAN. OVdsnington January 16 , 1984 11,lla~hF.lr 1w 8ihr4 Mr. Stanley Siu, Secretary Employees' Retirement System 888 Mililani Street, Suite 506 Honolulu, Hawaii 96813 Dear Mr. Siu: RE: Application for Service Retirement This is in response to your inquiry by letter dated December 8, 1983, in regard to whether the wife and court-appointed guardian of a member of the Employees' Retirement System of the State of Hawaii (E.R.S.) may file an application for service retirement on behalf of such member. We respond in the affirmative. We understand the facts to be as follows. The Member was the principal of Farrington High School when he suffered a s'ibarachnoid hemorrhage on May 12, 1983, while attending an athletic conference for coaches on Kauai, and has been in a coma to this day. At the time of the incident, the Member was almost 50 years old, credited with about 28 years and 8 months of service, and eligible to apply for both service retirement and ordinary disability retirement. On May 13, 1983, Mr. Lloyd Migita, Deputy Superintendent of the Department of Education, filed an application for ordinary disability retirement for the Member. The applica- tion was approved by the Board of Trustees of the Employees' Retirement System (E.R.S.) at its September 26, 1983 meeting. E.R.S. informed the Member of such approval by letter dated September 29, 1983, which stated in part: Op. No. 84-1