Background
Allan J. Zachary pursued an administrative appeal against the Employees’ Retirement System (ERS) of the State of Hawaiʻi, originating in the Third Circuit Court (Case No. 3CCV-22-0000098). After an adverse ruling, Zachary appealed to the Intermediate Court of Appeals (CAAP-23-0000326), which also ruled against him.
Zachary then filed an application for writ of certiorari with the Hawaiʻi Supreme Court on April 23, 2026, seeking further review of the ICA’s decision in his dispute with the state public pension system.
The Court’s Holding
This order does not resolve the merits of the dispute. The Hawaiʻi Supreme Court, in an order signed by Chief Justice Devens and Justices McKenna, Eddins, and Ginoza, along with Circuit Judge Soong sitting by assignment, accepted Zachary’s application for writ of certiorari. The court will therefore take up the case for full review.
The court also ordered that no oral argument will be held by default, though any party may move within ten days, pursuant to Rule 34(c) of the Hawaiʻi Rules of Appellate Procedure, to retain oral argument.
Key Takeaways
- This is a procedural order granting certiorari — no merits ruling has issued yet.
- The Hawaiʻi Supreme Court will review the ICA’s decision in Zachary’s dispute with the state Employees’ Retirement System.
- Oral argument is tentatively waived; parties have ten days to move for retention under HRAP Rule 34(c).
Why It Matters
The Hawaiʻi Supreme Court’s decision to accept this case signals that the justices identified a question of law worth resolving in the context of public employee retirement benefits administration. The ultimate merits ruling could affect how the ERS interprets or applies retirement statutes and regulations for state employees.
Practitioners in public-sector employment and pension law should monitor this case for the forthcoming merits decision, which will represent the court’s definitive word on the legal issues Zachary has raised.