Hawaii Revised Statutes 88-79 – Service-connected disability retirement
Terms Used In Hawaii Revised Statutes 88-79
- compensation: as used in this part means:
(A) Normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed; (B) Overtime, differentials, and supplementary payments; (C) Bonuses and lump sum salary supplements; (D) Elective salary reduction contributions under sections 125, 403(b), and 457(b) of the Internal Revenue Code of 1986, as amended; and (E) Retroactive payments of those purposes and nature authorized in subparagraphs (A) through (D), and certified as compensation pursuant to section 88-64; (2) Bonuses and lump sum salary supplements shall be deemed earned when payable; provided that bonuses or lump sum salary supplements in excess of one-twelfth of compensation for the twelve months before the month in which the bonus or lump sum salary supplement is payable, exclusive of overtime, bonuses, and lump sum salary supplements, shall be deemed earned: (A) During the period agreed-upon by the employer and employee, but in any event over a period of no less than twelvemonths; or (B) In the absence of an agreement between the employer and the employee, over the twelvemonths before the date on which the bonus or lump sum salary supplement is payable; and (3) Retroactive payments shall be deemed earned when it would have been earned, as determined by the system pursuant to section 88-64. See Hawaii Revised Statutes 88-21.5 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- month: means a calendar month; and the word "year" a calendar year. See Hawaii Revised Statutes 1-20
- Sewer worker: means an employee of any county who is employed in any of the following classifications or classifications performing substantially the same work under classification titles not listed in this definition:
(1) Sewer maintenance helper or wastewater collection system helper; (2) Sewer maintenance repairer or wastewater collection system repairer; (3) Sewer maintenance working supervisor; (4) Sewer maintenance supervisor I or II or wastewater collection system supervisor I or II; (5) Wastewater collection system inspection supervisor; (6) Wastewater collection system district supervisor; (7) Wastewater collection system field services supervisor; (8) Gas detector; (9) Gas detector helper; (10) Gas detection supervisor; (11) Cesspool worker; (12) Cesspool pumping equipment operator I or II; (13) Cesspool pumping supervisor; or in any combination of these classifications. See Hawaii Revised Statutes 88-21
Notwithstanding any other law to the contrary, any condition of impairment of health caused by any disease of the heart, lungs, or respiratory system, resulting in permanent incapacity to a firefighter, police officer, or sewer worker, shall be presumed to have been suffered in the actual performance of duty at some definite time and place through no wilful negligence on the firefighter’s, police officer’s, or sewer worker’s part, and as a result of the inherent occupational hazard of exposure to and inhalation of smoke, toxic gases, chemical fumes, and other toxic vapors, unless the contrary be shown by competent evidence; provided that such firefighter, police officer, or sewer worker shall have passed a physical examination on entry into such service or subsequent to such entry, which examination failed to reveal any evidence of such condition.