§88-163  Death benefits:  funeral expenses;payments to dependents.  (a)  Upon the death of any member of the policeforce, fire department, or band, as a result of any injury received or diseasecontracted while in the performance of his duty, or when entitled to a pensionunder this part or who has been pensioned under this part there shall be paid,for funeral expenses, a sum not to exceed $100.  Should the deceased memberleave a dependent widow or reciprocal beneficiary and a child or children underthe age of eighteen years, then there shall be paid out of the system $50 permonth to the widow until her death or remarriage or to the reciprocalbeneficiary until death, marriage, or entry into a new reciprocal beneficiaryrelationship and $7.50 per month to the widow or reciprocal beneficiary foreach child so long as the child shall reside with the widow or reciprocalbeneficiary or is supported by the widow or reciprocal beneficiary.  Upon thedeath of such widow or reciprocal beneficiary, or in the event the deceasedmember leaves no widow or reciprocal beneficiary but a child or children underthe age of eighteen years, then there shall be paid out of the system $50 permonth to the child or children of the deceased member under the age of eighteenyears with each child, if there be more than one, receiving an equal share ofthe $50 per month payment plus $7.50 per month.  All payments to a child of adeceased member provided for herein shall cease when he or she arrives at theage of eighteen years.

(b)  If any member of the police force, firedepartment or band, dies not leaving a widow or reciprocal beneficiary, butleaving a father or mother dependent upon him, the father or mother (but notboth) shall, upon satisfactory proof of dependency being made to the board oftrustees receive from the system a sum not exceeding $50 per month.  The boardshall determine whether the father or mother is dependent and how much of theamount herein provided for shall be paid to him or her.  If there be no widow orreciprocal beneficiary and no child and no father or mother, but dependentbrothers or sisters, then such pension shall be paid to them in such sums asshall not exceed the aggregate amount of $30 per month.  All pensionsauthorized as provided in this subsection shall be subject to reduction by theboard of trustees whenever, in its judgment, circumstances make it reasonable,fair, or necessary.  All pensions so reduced may thereafter be restored orfurther reduced as the board may deem best.

(c)  On the remarriage of any widow orreciprocal beneficiary entitled to the benefits of any sum, or in the event ofany father or mother, brothers or sisters ceasing to be dependents then thepayments to them shall cease. [L 1917, c 220, pt of §3; am L 1923, c 99, §1 andpt of §2; RL 1925, pt of §2163; am L 1929, c 9, pt of §1; am L 1931, c 144, §1;RL 1935, pt of §7905; am L 1939, c 86, §2; RL 1945, pt of §6173; RL 1955,§6-143; am L 1963, c 65, §2b, j; am L 1967, c 141, §1; HRS §88-163; am L 1997,c 383, §31]

 

Case Notes

 

  Pensioner may bring claim for arrears in pension.  34 H.150.  The claim does not survive death of pensioner.  34 H. 667.