Employees' Retirement System

Sets forth revised application procedures for service - connected
accidental death benefits.

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THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 88, Hawaii Revised Statutes, is amended
 2 by adding to part II a new section to be appropriately designated
 3 and to read as follows:
 4      "88-___  Accidental death claims.  (a)  An application for
 5 service-connected accidental death benefits may be filed with the
 6 board by or on behalf of the claimant as specified in sections
 7 88-85 and 88-286.  The application shall be filed no later than
 8 two years from the date of receipt of the written notification
 9 from the system.
10      (b)  If a claim is filed, the system shall obtain the
11 following:
12      (1)  A copy of the employer's report of the accident
13           submitted by the employer to the department of labor
14           and industrial relations, workers' compensation
15           division, and other reports relating to the accident;
16      (2)  A certified statement from the head of the department
17           in which the deceased member was employed, stating the
18           date, time, and place of the accident, and the nature
19           of the service being performed when the accident

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 1           occurred.  The statement shall also include an opinion
 2           as to whether or not the accident was the result of
 3           wilful negligence on the deceased member's part;
 4      (3)  A copy of the latest position description of the
 5           deceased member's duties and responsibilities;
 6      (4)  A certified copy of the death certificate; and
 7      (5)  A copy of an autopsy report, if performed.
 8      (c)  If the medical board certifies that the death was the
 9 natural and proximate result of an accident occurring at some
10 definite time and place while the member was in the actual
11 performance of duty, or that the death was due to the result of
12 some occupational hazard, the board shall decide that the death
13 was the result of an accident in the performance of duty and not
14 caused by wilful negligence on the part of the member.
15      (d)  Upon approval, benefits shall be paid effective the
16 date the claim was filed with the system, in accordance with
17 sections 88-85 and 88-286."
18      SECTION 2.  Section 88-87, Hawaii Revised Statutes, is
19 amended to read as follows:
20      "88-87  Adjustment for deficiency in accumulated
21 contributions.  Upon retirement, the maximum retirement allowance
22 of any member whose accumulated contributions are deficient shall
23 be reduced by an amount which is the actuarial equivalent of the

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 1 amount of the deficiency.  A deficiency shall be the amount by
 2 which a member's accumulated contributions fail to equal the
 3 accumulated contributions which would be standing to the member's
 4 account had the member contributed at the full rate required by
 5 law [without reduction through withdrawals or advances].
 6 [Anticipated deficiencies] Deficiencies may be [repaid] paid by
 7 the member in advance of retirement, in which case [regular
 8 interest shall be computed to date payment is received in
 9 determining the amount of the deficiency.] the member's
10 retirement allowance shall not be reduced."
11      SECTION 3.  Statutory material to be repealed is bracketed.
12 New statutory material is underscored.
13      SECTION 4.  This Act shall take effect upon its approval.
15                           INTRODUCED BY:_________________________

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