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HONDA v. ERS

No. 23625.

118 P.3d 1155 (2005)

Katsumi HONDA, Deceased, by Helen S. Honda, Petitioner, Appellant-Appellee v. BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF THE STATE of Hawai`i, Appellee-Appellant.

Supreme Court of Hawai`i.

Reconsideration Denied September 15, 2005.

Attorney(s) appearing for the Case

Diane Erickson and Kristin E. Izumi-Nitao, Deputy Attorneys General, on the briefs, for Appellee-Appellant.

Reid A. Nakamura and Guy C. Zukeran, Honolulu, (Oliver, Lau, Lawhn, Ogawa & Nakamura), on the briefs, for Appellant-Appellee.

NAKAYAMA, ACOBA, JJ., and Circuit Judge DEL ROSARIO, in place of DUFFY, J., Recused; and LEVINSON, J., Dissenting, with whom MOON, C.J., joins.

Opinion of the Court by ACOBA, J.

We hold that Appellee-Appellant Board of Trustees of the Employees' Retirement System of the State of Hawai`i (the ERS Board) has a fiduciary duty to provide its members, including Appellant-Appellee Katsumi Honda (Katsumi), deceased, by Helen Honda (Helen), Petitioner, with clear, understandable information concerning retirement benefits. Its failure to do so in this case may have resulted in Katsumi's unilateral mistake with respect...

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