HRS §88-106.5
When the retirement board can settle benefit claims
The retirement board can settle or compromise benefit claims. If a settlement gives someone benefits they are not legally entitled to, the attorney general must approve it. This is only allowed in specific cases involving written mistakes by the system and good-faith reliance by the member.
beneficiaries
The statute, as written — Compromise and settlement
The board may compromise or settle any claim for benefits under this chapter; provided that, if the compromise or settlement would result in a person receiving benefits that the person would not otherwise, as a matter of law, be entitled to receive, the compromise or settlement shall be subject to the approval of the attorney general and may be made only if: (1) The settlement or compromise relates to or arises out of a representation made to a member concerning the member's eligibility for benefits under this chapter; (2) The representation: (A) Was made in writing by an employee of the system with authority to make representations on behalf of the system as to amounts of and eligibility for benefits under this chapter; and (B) Was erroneous as to the amount or class of credited service to which the member was entitled; (3) The member, in good faith and reasonable reliance on the representation, retired or terminated the member's status as an employee or the member's membership in the system; and (4) The settlement or compromise will prevent manifest injustice.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.