§88-85  Accidental death benefit.  (a) 
In the case of an accidental death as determined by the board 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 board 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 board, or if there is no nomination, then to
the deceased member's dependent father or to the deceased member's dependent
mother as the board, 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]



 



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.