Quick answer
Your ERS contribution refund is rollover-eligible. The monthly pension is not. Know the Hawaii state tax trap before you roll.
When you leave Hawaii state or county employment, you can request a refund of your accumulated ERS member contributions. That refund qualifies as an eligible rollover distribution under IRS rules and can be directed into a self-directed IRA holding IRS-approved precious metals. The lifetime monthly pension, once in payment status, cannot be rolled over. Hawaii’s key trap: ERS pension payments are exempt from state income tax under Hawaii law, but IRA distributions are not. Rolling contributions to an IRA permanently trades a state-tax-free income stream for a taxable one.
What Hawaii ERS Covers
The Employees’ Retirement System of Hawaii (ERS) administers retirement, disability, and survivor benefits for employees of the State of Hawaii and all four counties: Honolulu, Maui, Hawaii, and Kauai. If you work for a state department, the University of Hawaii system, or a county government, ERS is almost certainly your pension administrator.
ERS is a defined benefit plan for most members, meaning your eventual monthly payment is determined by a formula based on years of credited service and average final compensation, rather than by the investment performance of a personal account. Your eventual monthly annuity is not a balance you can withdraw as a lump sum once payments begin. Texas state employees face a parallel ERS structure; ERS Texas to Gold IRA Rollover covers what is rollover-eligible there.
What is portable is the accumulated member contribution account. Every Contributory and Hybrid Plan member makes payroll contributions throughout their career. That accumulated amount, plus credited interest, forms the refundable balance when you separate from service. It is this account that creates rollover eligibility under federal law.
For plan details specific to your membership class, confirm through the official ERS member portal at ers.ehawaii.gov. ERS administers multiple tiers and the rules differ by hire date and plan election.
The Three Plan Types: Contributory, Noncontributory, and Hybrid
Your Hawaii ERS plan type is determined primarily by when you were first enrolled and, in some cases, by elections made at that time. The plan type controls both how your benefit is calculated and whether you have a member contribution account to refund when you leave.
Pre-July 2012 enrollees
Members who entered ERS before July 1, 2012 and did not elect the Noncontributory option. Employee contributions are deducted from each paycheck throughout active service. At separation before retirement, the accumulated contributions plus credited interest form a refundable lump sum. This is the amount eligible for rollover.
No employee contributions
A legacy plan tier available to some employees who enrolled before a certain threshold date and made a one-time election not to contribute. Because these members made no employee contributions, there is no member contribution account to refund at separation. Rollover eligibility requires a refundable balance; with zero employee contributions, there is nothing to roll over. Verify your specific tier at ers.ehawaii.gov.
July 2012 and later enrollees
Members who entered ERS on or after July 1, 2012 are in the Hybrid Plan. Members contribute 6% of base pay (general employees) and earn both a defined benefit component and a defined contribution component. At separation, the member contribution balance is refundable. The structure of the two components affects what can be rolled and how. See the Hybrid section below.
What Is Rollover-Eligible
Federal law governs what can be rolled into an IRA. Under IRS Publication 590-A, an eligible rollover distribution from a qualified plan can be transferred into a traditional IRA within 60 days, or moved directly via trustee-to-trustee transfer, without triggering immediate federal income tax.
From Hawaii ERS, the rollover-eligible distribution is:
- Accumulated member contributions: The total of all payroll deductions you made during your career, held in your individual member account, are fully eligible for rollover when distributed as a lump sum at separation.
- Credited interest on contributions: The interest ERS credits to your member account is distributed alongside your contributions and is included in the eligible rollover amount.
- Hybrid Plan defined contribution component: If you are in the Hybrid Plan, the defined contribution portion of your account has its own balance that is separately rollable. Details are in the Hybrid section below.
What Is NOT Rollover-Eligible
Two categories of ERS value cannot be rolled into an IRA under any circumstances.
| ERS Component | Rollover-Eligible? | Notes |
|---|---|---|
| Member contribution refund (Contributory/Hybrid) | ✓ Yes | Core rollover opportunity. Eligible rollover distribution under IRC §402(c). |
| Credited interest on contributions | ✓ Yes | Included in the lump-sum refund, rolls together with contributions. |
| Hybrid Plan defined contribution component | ✓ Yes | Treated as a separate distribution; confirm with ERS at separation. |
| Monthly pension annuity (in payment status) | ✗ No | Annuity payments in progress cannot be rolled over. IRS rules prohibit rolling required minimum distributions and regular pension payments. See IRS Pub 590-A. |
| Employer contributions / state-funded benefit | ✗ No | The portion of your future pension funded by the state or county is not a distributable balance. It remains within ERS to fund the monthly annuity. |
| Noncontributory Plan accounts | ✗ No | No employee contributions were made; there is no balance to distribute or roll over. |
If you have already begun collecting your ERS monthly pension, those payments cannot be redirected into an IRA. The pension is a lifetime income stream, not a distributable account balance. To understand what portion of your ERS account qualifies, contact ERS member services directly at ers.ehawaii.gov before initiating any distribution request.
The Hawaii State Income Tax Trap
This is the most important section of this guide for Hawaii public employees. The state income tax treatment of ERS benefits versus IRA distributions is fundamentally different, and rolling your ERS contributions to a gold IRA means permanently losing Hawaii’s state income tax exemption on those funds.
ERS pension payments: exempt from Hawaii state income tax
Hawaii Revised Statutes section 88-91 provides that retirement allowances and other benefits paid by ERS are exempt from Hawaii state income taxes. This exemption applies to the monthly pension payments you receive throughout retirement. A long-serving Hawaii state or county employee who collects their ERS pension for 20 or 30 years pays zero Hawaii state income tax on that income stream.
Hawaii’s state income tax rates are among the highest in the United States, reaching up to 11% for higher income levels. For a retiree receiving significant pension income, the ERS exemption produces a material annual benefit. Verify current rate schedules at the Hawaii Department of Taxation at tax.hawaii.gov.
IRA distributions: subject to Hawaii state income tax
When you roll your ERS member contributions into a traditional IRA and later take distributions from that IRA, those distributions are treated as ordinary income under Hawaii state tax law. The ERS exemption that would have applied to your pension does not extend to IRA distributions. Hawaii has not provided a blanket exemption for IRA withdrawals comparable to the ERS pension exemption.
Hawaii Tax Information Release No. 96-5 (TIR 96-5) addresses the state tax treatment of pension and retirement distributions, including the treatment of lump-sum distributions and rollovers. Taxpayers seeking specific guidance on how a proposed rollover will be treated should consult TIR 96-5 and, for their specific situation, a Hawaii-licensed tax professional.
Who this matters most for: vested members with a choice
This trap is most acute for vested members who separate from Hawaii state or county employment before reaching retirement age. They face a genuine choice:
Option A: Take the refund now, roll to an IRA
Option B: Leave contributions in ERS, collect pension later
For unvested members who leave before earning a deferred pension right, the calculus is different: the state-tax-exempt monthly pension was never going to be available to them regardless. Their choice is between taking the refund as cash (with immediate federal and possibly state tax consequences) or rolling to an IRA (deferring tax but accepting that future IRA withdrawals will not carry the HRS §88-91 exemption).
Neither option is universally correct. The right answer depends on your remaining career plans, your projected Hawaii income in retirement, whether you plan to remain a Hawaii resident in retirement, and the size of your contribution balance. This is a decision that warrants a conversation with a fee-only financial advisor or a CPA familiar with Hawaii retirement law before you submit the ERS withdrawal form. Colorado PERA members face a similar decision; Colorado PERA Rollover to Gold IRA walks through PERA’s state-specific tax tradeoffs.
Hybrid Plan: Which Portion Is Refundable
Hawaii ERS Hybrid Plan members who enrolled on or after July 1, 2012 have a more complex account structure than Contributory Plan members. The Hybrid Plan combines two components:
- Defined benefit (DB) component: Generates a future monthly pension calculated by a formula (years of service times a multiplier times average final compensation). The DB component is funded by a combination of your contributions and employer contributions. The employer-funded portion is not a distributable balance. The employee contribution portion is refundable at separation, just as in the Contributory Plan.
- Defined contribution (DC) component: An individual account funded by a separate portion of your contributions and, potentially, employer contributions based on plan design. The DC component has its own account balance that accumulates over your career. At separation, this DC balance is separately distributable and rollover-eligible.
Because the Hybrid Plan includes a genuine individual account in its DC component, the decision to roll versus leave is somewhat different from a pure defined benefit plan. The DC balance behaves more like a 401(k): it is your money in a named account. Whether the DC balance is better left in ERS (to combine with the DB pension stream) or rolled to a self-directed IRA is a question of your individual circumstances and, importantly, the same Hawaii state tax considerations described above apply to IRA distributions of those funds.
Federal Tax Mechanics: Direct vs. Indirect Rollover
Regardless of your Hawaii ERS plan type or vesting status, the federal rules for executing the rollover correctly are the same. Maine public employees in MainePERS follow the same federal mechanics; MainePERS to Gold IRA Rollover covers what is portable there.
Direct rollover (recommended)
In a direct rollover, ERS transfers your contribution refund directly to the custodian of your self-directed IRA. You never touch the funds. No federal income tax is withheld. No 10% early withdrawal penalty applies. The full balance moves into your IRA intact, where it can then be used to purchase IRS-approved precious metals.
Per IRS Publication 590-A, direct rollovers are the cleanest mechanism for moving retirement funds between eligible accounts. ERS must allow you to elect a direct rollover when you request a distribution. This election is typically made on the ERS withdrawal form.
Indirect rollover (60-day rule)
In an indirect rollover, ERS issues the payment to you personally. By law, ERS is required to withhold 20% of the taxable amount for federal income tax when making a direct payment to you. If you want to roll over the full original amount into an IRA, you must deposit that full amount (including the withheld 20%, which you must cover from other funds) into your IRA within 60 calendar days. If you miss the 60-day deadline or cannot replace the withheld 20%, that portion becomes a taxable distribution subject to ordinary income tax and, if you are under age 59½, the 10% early withdrawal penalty.
For most people moving funds into a self-directed gold IRA, the direct rollover is the correct mechanism. It avoids the 20% withholding, eliminates the 60-day risk, and moves 100% of your balance into the new account.
What happens inside the gold IRA
A self-directed IRA is the vehicle; gold and silver are the permitted assets inside it. Not all precious metals are IRS-approved for IRA holding. Under IRS Publication 590-A and IRS Publication 590-B, approved metals must meet minimum fineness requirements: gold at .9950 fine, silver at .999 fine, platinum and palladium at .9995 fine. American Eagle coins are an exception to the fineness rule and are specifically approved by statute. All physical metals must be stored with an IRS-approved custodian and depository; you cannot take personal possession of IRA-held metals without triggering a distribution event.
Island Savings Plan (457b): A Separate Path
Many Hawaii state and county employees participate in the Island Savings Plan, Hawaii’s 457(b) deferred compensation plan. This is a supplemental retirement savings account, separate from ERS, into which you voluntarily contribute pre-tax earnings.
The Island Savings Plan is fundamentally different from ERS in one important way for rollover purposes: it is a portable defined contribution account. Your full Island Savings Plan balance is yours at separation, regardless of vesting status, and it is fully eligible for rollover into a traditional IRA under IRC §457(b).
Unlike ERS pension distributions, Island Savings Plan distributions do not carry the same statutory Hawaii income tax exemption that applies to ERS monthly pension payments. Check with a Hawaii tax professional for the current treatment of 457(b) distributions under Hawaii law before acting.
Rolling ERS Funds Into a Gold IRA: Step by Step
- Confirm your ERS balance and plan type Log in to your ERS member account at ers.ehawaii.gov or contact ERS member services. Request a current account statement showing your accumulated member contributions, credited interest, and any separate DC component balance (Hybrid Plan members). Confirm your vesting status. If you are vested, get the actuarial estimate of your deferred pension benefit so you can compare it against the rollover option before deciding.
- Consult a Hawaii tax professional before the Hawaii state tax decision Before submitting any withdrawal request, speak with a CPA or tax advisor licensed in Hawaii who is familiar with HRS §88-91 and the Hawaii income tax treatment of ERS versus IRA distributions. The exemption-loss calculation depends on your projected retirement income, your anticipated Hawaii state tax bracket in retirement, whether you plan to remain a Hawaii resident, and your life expectancy. This is not a decision to make based on federal tax guidance alone.
- Select a self-directed IRA custodian Open a self-directed IRA with a custodian that permits physical precious metals. Standard brokerage IRAs do not allow gold or silver held in physical form. You need a custodian that works with IRS-approved depositories for metals storage. Complete the custodian’s new account paperwork and obtain your new IRA account number before contacting ERS.
- Submit the ERS withdrawal request, elect direct rollover Contact ERS member services to obtain the appropriate separation and withdrawal forms. On the distribution form, elect the direct rollover option and provide your new self-directed IRA custodian’s name, address, and account number. ERS will send the funds directly to your IRA custodian. Confirm the specific ERS processing timeline, which can vary based on when you formally separate from service.
- Confirm receipt and fund the metals purchase Once your IRA custodian confirms receipt of the rollover funds, work with your chosen gold IRA company and the custodian to select and purchase IRS-approved metals. The purchase is made through the custodian; the metals are shipped to the IRS-approved depository. You will receive a confirmation of the depository holding, not physical delivery to your home.
- Verify IRS-approved metals and fineness Confirm that every metal product purchased meets IRS fineness standards. The gold or silver company should provide specifications. If a specific coin or bar is not on the IRS-approved list, it cannot be held in an IRA without triggering a prohibited transaction. Common approved options include American Gold Eagles, American Silver Eagles, Canadian Maple Leafs (gold/silver at qualifying fineness), and certain bars from approved refiners. See IRS Publication 590-A for the complete list of requirements.
The full rollover process, from ERS withdrawal request to metal purchase at depository, typically takes 3 to 8 weeks depending on ERS processing times, custodian onboarding, and whether you are doing a direct rollover. Do not initiate the process with a 60-day deadline in mind; use direct rollover to eliminate that timing risk entirely. Maryland SRPS members follow the same 3-to-8-week timeline; Maryland State Retirement Rollover to Gold IRA covers SRPS-specific steps.
Augusta Precious Metals explains their education-first process at no cost, covering custodian selection, IRS-approved metals, and the mechanics of funding a gold IRA from a government pension refund. Augusta has been named the Best Overall Gold IRA Company by Money Magazine for 2022 through 2026.
Request Augusta’s Free Gold IRA GuideFor a fuller look at the IRA provider landscape, see our overview: Gold IRA Guide for Hawaii Residents.
Who This Is NOT For
Members already in pension payment status
Once ERS has begun paying your monthly retirement allowance, those payments cannot be redirected into an IRA. The rollover window closes when the monthly annuity commences. If you are already retired and collecting ERS, this guide does not apply to your ERS account.
Noncontributory Plan members
If you are in the Noncontributory Plan and made no employee contributions during your career, there is no member contribution account to distribute or roll over. Rollover eligibility requires a distributable balance. Contact ERS to confirm your plan type if you are unsure.
Vested members planning to stay in Hawaii through retirement
If you are vested, plan to collect your ERS pension, and expect to remain a Hawaii resident in retirement, taking a refund forfeits the deferred pension and the associated Hawaii state income tax exemption. Leaving contributions in ERS preserves the pension stream and the HRS §88-91 exemption. The decision to roll depends on a full comparison of the pension’s actuarial value versus the IRA balance value. A financial advisor should model this before you decide. Alabama RSA members face the same pension-versus-IRA choice; RSA Alabama Rollover maps what teachers and state employees can move.
Members under 59½ with short investment horizons
Physical precious metals in a self-directed IRA are illiquid investments. If you need access to these funds within 5 to 10 years, the costs of setting up and maintaining a self-directed IRA (custodian fees, depository fees, potential spread on metals purchases) may outweigh the benefits. Early withdrawal from a traditional IRA before 59½ triggers the 10% federal penalty in addition to ordinary income tax.
Members with very small contribution balances
Self-directed IRAs carry annual custodian and depository fees that are typically flat-rate regardless of account size. On a small balance, those fees consume a disproportionate share of the account. Augusta Precious Metals, for example, is suited for accounts of industry-reported minimums around $50,000. Very small ERS contribution refunds may be better directed into a conventional IRA with lower fee structures.
Members who want to keep living in Hawaii AND want IRA flexibility
If your goal is both IRA-style investment flexibility AND avoiding Hawaii state income tax on withdrawals, a gold IRA from an ERS rollover does not deliver the second benefit. IRA distributions are subject to Hawaii state income tax. Only the ERS pension itself carries the statutory exemption. Clarity on your goal must come first.
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Frequently Asked Questions
Can I roll my entire Hawaii ERS balance into a gold IRA?
You can roll the portion that constitutes an eligible rollover distribution: your accumulated member contributions plus credited interest, and, for Hybrid Plan members, the defined contribution component balance. You cannot roll the monthly pension annuity once payments begin, and Noncontributory Plan members have no employee contributions to roll. Contact ERS for a precise statement of your refundable balance before initiating any action.
Will I pay federal income tax when I roll my ERS contributions to a gold IRA?
If you execute a direct rollover, no federal income tax is due at the time of transfer. The funds move from ERS directly to your self-directed IRA custodian without passing through your hands. You will pay federal ordinary income tax on distributions when you eventually withdraw from the IRA. The 10% early withdrawal penalty applies to IRA distributions before age 59½ subject to certain exceptions. See IRS Publication 590-B for distribution rules.
Does Hawaii tax the ERS lump-sum contribution refund I roll to an IRA?
At the time of rollover, a properly executed direct rollover is not a taxable event for Hawaii state income tax purposes. The Hawaii tax issue arises later: when you take distributions from the IRA, those distributions are subject to Hawaii state income tax. The ERS monthly pension, by contrast, carries an exemption under HRS §88-91. Consult a Hawaii-licensed tax advisor and review Hawaii TIR 96-5 for guidance on your specific situation.
What is the Hawaii ERS contribution refund process?
After you formally separate from Hawaii state or county employment, you can apply to ERS for a refund of your accumulated member contributions. ERS will provide the applicable withdrawal forms through its member services portal at ers.ehawaii.gov. On that form, you elect how you want to receive the distribution, including the direct rollover option. ERS processing times vary; contact member services for current timelines. You cannot apply for a refund while still actively employed in an ERS-covered position.
What is the difference between the ERS Hybrid Plan and the Contributory Plan for rollover purposes?
Both Contributory and Hybrid Plan members have accumulated employee contributions that are eligible for rollover at separation. The Hybrid Plan also includes a defined contribution component with its own separate account balance that is independently rollable. Hybrid Plan members may therefore have two distinct distributable pools at separation, each potentially requiring a separate request or election. Contact ERS for a Hybrid-specific account breakdown before initiating any distribution.
Can I roll my Island Savings Plan (457b) balance into a gold IRA at the same time?
Yes, but the Island Savings Plan is administered separately from ERS and requires a separate distribution request. A 457(b) balance is an eligible rollover distribution into a traditional IRA under IRS rules. However, the Island Savings Plan and ERS are independent processes; do not assume they coordinate automatically. Initiate both withdrawals separately and direct both to the same self-directed IRA if you want to consolidate. See our guide: 457(b) to Gold IRA Rollover for Government Employees.
What gold and silver are approved for a self-directed IRA funded by an ERS rollover?
IRS-approved precious metals for IRA holding must meet minimum fineness: gold at .9950, silver at .999, platinum and palladium at .9995. American Eagle coins (gold and silver) are specifically approved by statute despite gold Eagles not meeting the .9950 standard on their face. Approved bars must be produced by a refiner or assayer accredited by COMEX, NYMEX, or equivalent. Collectibles and numismatic coins are generally prohibited. Your gold IRA company and custodian should provide a current approved-products list before you purchase. The IRS publication is IRS Publication 590-A.
I am vested in ERS but leaving Hawaii. Does the state tax exemption still matter?
If you do not plan to be a Hawaii resident when you retire and collect your ERS pension, the HRS §88-91 exemption may be less relevant to your situation since Hawaii’s tax authority over your income as a non-resident retiree differs from the authority it has over residents. Tax residency at the time of distribution, not at the time of ERS membership, is typically the controlling factor. This is a technical state tax question with meaningful financial consequences; consult a tax advisor familiar with multi-state retirement income before making the rollover-versus-pension decision.
Can county employees in Maui, Hawaii, or Kauai counties use the same ERS rollover process?
Yes. Hawaii ERS covers employees of all four counties (Honolulu, Maui, Hawaii, and Kauai) as well as state employees. The plan types (Contributory, Noncontributory, Hybrid), the contribution structure, the rollover eligibility rules, and the Hawaii state income tax exemption under HRS §88-91 apply uniformly. The member services contact and withdrawal process are the same regardless of which county employed you. Confirm your specific plan type and balance at ers.ehawaii.gov.
What if I took a refund of ERS contributions years ago and want to re-deposit them?
Some government pension plans allow separated members to “buy back” prior service by repaying a previous refund with interest when they return to covered employment. If you have returned to Hawaii state or county employment after a prior separation and refund, contact ERS to understand your reinstatement and service credit options. This is distinct from a new rollover transaction and is governed by ERS-specific reinstatement rules, not IRA rollover rules.
Sources
- Employees’ Retirement System of Hawaii. Member information portal. ers.ehawaii.gov.
- Hawaii Revised Statutes §88-91. Exemption of retirement allowances. capitol.hawaii.gov.
- Hawaii Department of Taxation. Tax Information Release No. 96-5. Taxation of retirement plan distributions. tax.hawaii.gov.
- Hawaii Department of Taxation. Individual income tax information and rate schedules. tax.hawaii.gov.
- Internal Revenue Service. Publication 590-A: Contributions to Individual Retirement Arrangements (IRAs). irs.gov.
- Internal Revenue Service. Publication 590-B: Distributions from Individual Retirement Arrangements (IRAs). irs.gov.
- Internal Revenue Code §402(c). Eligible rollover distribution. irs.gov.
- Internal Revenue Code §408(m). Collectibles prohibition for IRAs; precious metals exception. Referenced via IRS Publication 590-A.
- FINRA. Investor Alert: Gold, Silver, and Precious Metals Schemes. finra.org.
- SEC Office of Investor Education and Advocacy. Investor Bulletin: Self-Directed IRAs and the Risk of Fraud. sec.gov.