(a) In the case of an accidental death as determined by the system pursuant to section 88-85.5, there shall be paid to the member’s designated beneficiary or to the member’s estate the amount of the member’s accumulated contributions and there shall be paid in lieu of the ordinary death benefit payable under § 88-84, a pension of one-half of the average final compensation of the member:

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Terms Used In Hawaii Revised Statutes 88-85

  • Accidental death: means death that is the natural and proximate result of an accident occurring at some definite time and place while the member was employed in a position in which all contributions required to be made to the employees' retirement system by the employee or the employer, or both, have been made, was in the actual performance of duty, or due to the result of some occupational hazard, and not caused by wilful negligence on the part of the member. See Hawaii Revised Statutes 88-21
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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
  • Dependent: A person dependent for support upon another.
  • 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.
  • 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

    • (1) To the surviving spouse or reciprocal beneficiary of the member to continue until the surviving spouse or reciprocal beneficiary remarries, marries, or enters into a new reciprocal beneficiary relationship;
    (2) If there be no surviving spouse or reciprocal beneficiary, or if the surviving spouse or reciprocal beneficiary dies or remarries, marries, or enters into a new reciprocal beneficiary relationship before any child of the deceased member shall have attained the age of eighteen years, then to the deceased member’s child or children under the age of eighteen, divided in the manner as the system in its discretion shall determine, to continue as a joint and survivor pension of one-half of the deceased member’s final compensation until every child dies, or attains the age of eighteen; or
    (3) If there is no surviving spouse or reciprocal beneficiary or child under the age of eighteen years surviving the deceased member, then to the deceased member’s dependent father or dependent mother, as the deceased member shall have nominated by written designation duly acknowledged and filed with the system, or if there is no nomination, then to the deceased member’s dependent father or to the deceased member’s dependent mother as the system, in its discretion, shall direct to continue for life.

    The pension shall be effective on the first day of the month following the member’s death, except for the month of December, when benefits shall be effective on the first or last day of the month.

    (b) 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 death 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.
    (c) Benefits payable under subsection (a) shall continue through the end of the last month in which the payee is eligible for the benefit.