Opinion of the Court by BURNS, C.J.
Petitioner-Appellant Kenam Kim (Kim) appeals the circuit court's September 29, 1997 Judgment affirming the December 9, 1996 Declaratory Order (Declaratory Order) issued by Respondent-Appellee Board of Trustees, Employees' Retirement System, State of Hawai`i (ERS), denying Kim's application for a recalculation and increase of his retirement benefits. We vacate and remand with instructions to reverse in part and affirm in part.
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