(a) Under rules the board of trustees may adopt, an application for service-connected accidental death benefits may be filed with the system by or on behalf of the claimant pursuant to § 88-85, 88-286, or 88-339, on a form provided by the system. The application shall be filed no later than three years from the date of the member’s death.
lawyer at desk

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 88-85.5

  • 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
  • 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
(b) After the claimant files an application for service-connected accidental death benefits, the system shall obtain the following:

(1) A copy of the employer’s report of the accident submitted by the employer to the department of labor and industrial relations, workers’ compensation division, and other reports relating to the accident;
(2) A certified statement from the head of the department in which the deceased member was employed, stating the date, time, and place of the accident, and the nature of the service being performed when the accident occurred. The statement shall also include an opinion as to whether or not the accident was the result of wilful negligence on the deceased member’s part;
(3) A copy of the latest position description of the deceased member’s duties and responsibilities;
(4) A certified copy of the death certificate; and
(5) A copy of an autopsy report, if performed.
(c) Upon the system’s receipt of the application and documents specified in subsection (b), the medical board or other entity designated by the board of trustees shall determine and certify to the system whether the member’s death was an accidental death as defined in § 88-21.
(d) The system may accept as conclusive as to whether or not the member’s death was caused by wilful negligence on the part of the member:

(1) A certification made by the head of the agency in which the member is employed; or
(2) A finding by the medical board or other entity designated by the board of trustees.
(e) After the medical board or other entity designated by the board of trustees submits its certification to the system, the system shall approve or disapprove the application. Upon approval of an application, benefits shall be paid as provided in § 88-85, 88-286, or 88-339.

  Previous
Next  
 BENEFITS Contents