ยง88-80 - Allowance on retirement for service-connected disability.
ยง88-80ย Allowance on retirement forservice-connected disability.ย Upon retirement for service-connecteddisability, a member shall receive the amount of the member's accumulatedcontributions and a maximum retirement allowance that shall consist of fiftyper 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-connectedaccident, employee should be awarded total disability benefits though employeemay have been incapacitated by superimposed subsequent condition; test fortotal incapacitation; "odd-lot" doctrine not applicable todetermination of total incapacitation.ย 66 H. 304, 660 P.2d 36.
ย In three year reevaluation of disability, board must considerwhether service-connected accident causes employee to be totally incapacitatedfor employment.ย 4 H. App. 526, 669 P.2d 638.