§88-85 Accidental death benefit. (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 section 88-84, a pension of one-half of the average final compensation of the member:
(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. [L 1925, c 55, §6(9); am L 1927, c 251, § §1, 4, 5; RL 1935, pt of §7925; RL 1945, §708, subs 9; RL 1955, §6-52; HRS §88-78; am L 1969, c 110, pt of §1; am L 1974, c 118, §1(2) and c 182, §4; am L 1977, c 44, §1 and c 191, §2; gen ch 1985; am L 1997, c 383, §29; am L 2002, c 128, §9; am L 2004, c 179, §13; am L 2005, c 58, §10; am L 2006, c 169, §15; am L 2017, c 17, §5]
Attorney General Opinions
Heart attack could constitute "accident" within meaning of section. Att. Gen. Op. 69-25.
Death resulting from operation on knee injured in actual performance of duty was natural and proximate result of injury and compensable. Att. Gen. Op. 71-6.
Police officer injured in automobile accident while driving home from work in police officer's own, but government equipped car, is injured while in the actual performance of duty. Att. Gen. Op. 71-6.
Hanai children are not included within meaning of "child" or "children" as used in section. Att. Gen. Op. 93-1.
Structure Hawaii Revised Statutes
Title 7. Public Officers and Employees
88. Pension and Retirement Systems
88-3 Payment on death of pensioner.
88-4 Medical aid, etc., when free.
88-5 List of pensioners, who shall provide.
88-6 Payment of refunds and retirement benefits.
88-7 County pensioners; post retirement allowance.
88-8 University of Hawaii optional retirement system.
88-11 Bonus; pensioners' special compensation; amounts available.
88-12 Bonus; requirements, limitations.
88-13 Bonus; retirants not eligible for.
88-14 Bonus; authority to pay.
88-15 Bonus; waiver by veteran.
88-17 Bonus payment; limitation.
88-22 System established; name.
88-22.5 Federal tax qualification requirements.
88-23 General administration of system vested in board.
88-27.5 Closed meetings of the board; authorized.
88-29 Officers, employees, legal adviser.
88-33 Prohibited interest of trustees and employees of board.
88-41 Limitation of other statutes.
88-42.5 Membership of employees holding more than one position, appointment, or office.
88-42.6 Membership of elective officers.
88-43 Persons ineligible for membership.
88-45.5 Acceptance of rollovers and transfers from other plans.
88-46 Deducting employee contributions from salary and employer pick up of employee contributions.
88-48 Deduction in class A member's account.
88-49 Employees paid partly from federal funds.
88-49.3 Employees paid from certain federal funds.
88-49.5 Certain employees subject to federal retirement system; election.
88-49.7 East-West center employees.
88-50 Computation of year of service.
88-50.5 Credit for mandatory maternity leave.
88-51 Membership service generally.
88-52 Service while a member of the legislature.
88-54 Service while legislative employee.
88-54.2 Session employees of the legislature; exempt from mandatory enrollment.
88-54.5 Service while a member of the board of trustees of the office of Hawaiian affairs.
88-55 Services of field civilian personnel of the Hawaii national guard.
88-57 Prior service generally.
88-58 Prior service credit while per diem employee.
88-59 Acquisition of membership service.
88-59.5 Previous membership service credit for legislative officers.
88-59.6 REPEALED. L 2008, c 47, §12.
88-60 Members whose services are on loan to other governments.
88-61 Termination of membership.
88-62 Return to service of a former member.
88-63 Credit for unused sick leave.
88-70 Third application for retirement; withdrawal prohibited and retirement mandatory.
88-71 Credited service at retirement.
88-74 Allowance on service retirement.
88-74.5 Finalizing of pensions.
88-74.6 Unreduced allowance on service retirement; when applicable.
88-74.7 Commencement of benefits on required beginning date.
88-74.8 Forfeiture of benefits; felony convictions.
88-75 Ordinary disability retirement.
88-76 Allowance on ordinary disability retirement.
88-79 Service-connected disability retirement.
88-80 Allowance on retirement for service-connected disability.
88-81 Average final compensation.
88-81.5 Federal tax limits on annual compensation.
88-83 Election of retirement allowance option.
88-84.5 Federal limits on annual compensation for ordinary death benefit.
88-85 Accidental death benefit.
88-85.5 Applications for accidental death benefits; approval by the system.
88-87 Adjustment for deficiency in accumulated contributions.
88-88 Adjustment of retirement allowances of retirants.
88-90 Post retirement allowances.
88-91 Exemption from taxation and execution.
88-92 Garnishment in certain cases; procedure.
88-94 Withholding of income taxes.
88-95 Withholding of dues and insurance premiums.
88-96 Rights of members separated from service.
88-97 Return to service of a member who has vested benefit status.
88-98 Return to service of a retirant.
88-99 Moratorium on benefit enhancements
88-100 Payment by employers of costs associated with significant non-base pay increases.
88-101 Payment of existing pensions.
88-102 Classification of members.
88-105 Actuarial investigations, valuations.
88-105.5 Stress test; annual report.
88-106.5 Compromise and settlement
88-108 Cash for meeting disbursements.
88-110 Board; trustees of funds.
88-111 Custodian of the funds.
88-112 Annuity savings fund; annual statement.
88-113 Payments from annuity savings fund.
88-114 Pension accumulation fund.
88-115.5 REPEALED. L 1998, c 151, §18.
88-119.5 Investment guidelines.
88-121 Power to make agreements to protect securities on reorganization or otherwise.
88-121.5 Power to enter into security loan agreements.
88-122 Determination of employer normal cost and accrued liability contributions.
88-123 Amount of annual contributions by the State and counties.
88-124 Payment of state contributions to the system.
88-125 Contributions by certain state agencies.
88-126 Payment of county contributions to the system.
88-126.5 Advance payments of state and county contributions to the system.
88-132 Service credit; payment of contributions.
88-133 Benefits and conditions applicable to service member.
88-134 Service retirement benefit.
88-135 Ordinary disability retirement benefit.
88-136 Accidental disability benefit.
88-137 Ordinary death benefit.
88-138 Accidental death benefit.
88-139 Return of contributions.
88-140 Duration of service member's status.
88-141 Computation of compensation earned or earnable.
88-142 Right of amendment or repeal reserved; retroactive effect.
88-152 Certain other employees included.
88-153 Police officers, firefighters, and bandsmen pension system; trustees, powers.
88-154 Officers of the board; duties.
88-156 Appropriations and expenditure.
88-157 Use of donations, contributions, gifts, or bequests.
88-158 Disability retirement benefits.
88-159 Reexamination of disability beneficiary; hearing.
88-160 Service retirement benefits.
88-161 Dismissal after twenty years' service; pensions.
88-162 Dismissal after ten years' service; pension.
88-163 Death benefits: funeral expenses; payments to dependents.
88-164 Benefits in lieu of other payments.
88-165 Adjustments of pensions.
88-166 Computation; service as police officer, firefighter, or bandsman.
88-167 Computation; prior credits.
88-168 Orders, discipline, medical examination, etc.
88-169 Payments of pensions; inalienable.
88-171 Public hearings; notice.
88-181 Pension boards created.
88-182 Members: appointment, terms, removals.
88-184 Expenses; appropriations.
88-185 Assistants; county clerk, attorney, and treasurer.
88-189 Widow's, widower's, and reciprocal beneficiary's pensions.
88-191 Computation of service.
88-192 Examination by physician.
88-193 Compliance with law required.
88-202 Restrictions as to personnel.
88-204 County appropriations directed.
88-212 Federal-state agreement.
88-213 Division of retirement systems.
88-214 Modifications to agreement.
88-215 Contributions by state employees.
88-216 Collection of contributions.
88-218 Plans for coverage of employees of political subdivision.
88-220 Refusal or termination of plans.
88-221 Payments by political subdivisions.
88-222 Contributions by employees of political subdivisions.
88-224 Contribution fund; established.
88-225 Purpose of contribution fund.
88-226 Payments to federal government.
88-228 Appropriations to contribution fund.
88-273 Break in service; reemployment.
88-321 Election and membership.
88-322 Conversion of previous credited service.
88-323 Class H credited service.
88-324 Acquisition of membership service.
88-325 Employee contributions.
88-326 Deducting employee contributions from salary and employer pick up of employee contributions.
88-282 Service retirement allowance.
88-283 Election of retirement allowance option.
88-284 Ordinary disability retirement.
88-285 Service-connected disability retirement.
88-332 Service retirement allowance.
88-333 Election of retirement allowance option.
88-334 Ordinary disability retirement.
88-335 Ordinary disability retirement allowance.
88-336 Service-connected disability retirement.
88-337 Service-connected disability retirement allowance.
88-338 Ordinary death benefit.
88-339 Accidental service-connected death benefit
88-340 Termination of membership.
88-341 Rights of members separated from service.
88-342 Return to service of a former member without vested benefit status.
88-343 Return to service of a former member who has vested benefit status.