The rules on ERS's form 212 (2018)
| The job | Break after retiring | Your pension |
|---|---|---|
| Position not requiring ERS membership (for example temporary, less than 50% FTE, substitute teaching) | 6 months | Continues once the break is met. |
| Difficult-to-fill or labor shortage position (criteria set by the jurisdiction's human resources director) | 12 months | Continues once the break is met. |
| Position requiring ERS membership | none | Pension suspended until employment ends. You are re-enrolled in your previous plan and benefits earned in re-employment are added on to your previous pension. |
ERS 212 Retirant Returning to Work (2018) (citing HRS §88-9, Act 179/SLH 2010, and §88-98)
State employers include the executive branch, the University of Hawaii, the Department of Education, the Office of Hawaiian Affairs, the Judiciary and the Legislature; county employers include the City and County of Honolulu and the Counties of Hawaii, Kauai and Maui. ERS 212 Retirant Returning to Work (2018) (citing HRS §88-9, Act 179/SLH 2010, and §88-98)
2026 changes
Holomua (Summer 2026) reports SB 99 passed final reading in 2026 and awaited the Governor's signature. When signed it would expand which entities may identify labor-shortage or difficult-to-fill positions that retirees may fill without suspension of their pension.
Holomua Summer 2026 PDF p. 5, ERS at the Legislature - Session Wrap-UpERS 212 (Rev. 9/2018) gives a 6-month break for non-ERS positions and 12 months for difficult-to-fill positions. SB 99 (2026) passed final reading and awaited signature per Holomua Summer 2026; its final status and text are unknown, and HRS §88-9 could not be downloaded. No earnings limit appears in the saved sources.
What would settle it: HRS §88-9 current text and the 2026 session law from SB 99 (capitol.hawaii.gov, blocked)ERS has no DROP (a plan that banks pension checks while you keep working). Hybrid handout (Oct. 2026) (no DROP; options are listed on pp. 8-9); ERS annual report 2024 pp. 12-22, Summary of Retirement Benefit Plan Provisions
ERS's form cites Hawaii law for these rules. We couldn't download the law itself, so the rules above are as ERS states them.
From the sources
- ERS has no DROP (deferred retirement option plan) in any of its publications.Hybrid handout (Oct. 2026) pp. 8-9; ERS annual report 2024 pp. 12-22
- Returning to a State or County job that does not require membership (temporary, under 50% FTE, substitute teaching): your pension continues after a 6-month break. Difficult-to-fill or labor-shortage positions need a 12-month break.ERS 212 Retirant Returning to Work (2018)
- Returning to a job that requires membership suspends your pension until the job ends. You are re-enrolled in your previous plan, and the extra benefit is added to your pension.ERS 212 Retirant Returning to Work (2018)
- Check with ERSA 2026 bill (SB 99) would widen who can designate difficult-to-fill positions that retirees may fill without suspending their pension. Its final status is not in the saved sources.Holomua Summer 2026 PDF p. 5
Questions
Can I substitute teach after I retire?
Yes. Substitute teaching doesn't need ERS membership, so your pension keeps coming once you've had a 6-month break after retiring.
What about a difficult-to-fill job?
Those need a 12-month break. Then your pension continues.
What if the job needs ERS membership?
Your pension stops while you work. You go back into your old plan, and what you earn is added to your pension later.
Is there an earnings limit?
The saved ERS sources don't give one. Check with ERS before you take a job.
Did the rules change in 2026?
A 2026 bill (SB 99) passed the Legislature and was waiting for the Governor when ERS's newsletter went to press. Its final status isn't in our sources. Check with ERS.
Source: Hawaii ERS Hybrid Retirement Information, October 2026, pp. 8-9. Also: ERS 212 Retirant Returning to Work (2018); Holomua Summer 2026 PDF p. 5; ERS annual report 2024 pp. 12-22. Last reviewed .