ยง88-80ย  Allowance on retirement for
service-connected disability.ย  Upon retirement for service-connected
disability, a member shall receive the amount of the member's accumulated
contributions and a maximum retirement allowance that shall consist of fifty
per cent of the member's average final compensation. [L 1963, c 127, ยง9; Supp,
ยง6-47.1; HRS ยง88-70; am L 1969, c 110, pt of ยง1; gen ch 1985; am L 1998, c 151,
ยง7; am L 2005, c 58, ยง9]



 



Case Notes



 



ย  If employee totally incapacitated by a service-connected
accident, employee should be awarded total disability benefits though employee
may have been incapacitated by superimposed subsequent condition; test for
total incapacitation; "odd-lot" doctrine not applicable to
determination of total incapacitation.ย  66 H. 304, 660 P.2d 36.



ย  In three year reevaluation of disability, board must consider
whether service-connected accident causes employee to be totally incapacitated
for employment.ย  4 H. App. 526, 669 P.2d 638.