§88-85  Accidental death benefit.  (a) In the case of an accidental death as determined by the board pursuant tosection 88-85.5, there shall be paid to the member's designated beneficiary orto the member's estate the amount of the member's accumulated contributions andthere shall be paid in lieu of the ordinary death benefit payable under section88-84, a pension of one-half of the average final compensation of the member:

(1)  To the surviving spouse or reciprocal beneficiaryof the member to continue until the surviving spouse or reciprocal beneficiaryremarries, marries, or enters into a new reciprocal beneficiary relationship;

(2)  If there be no surviving spouse or reciprocalbeneficiary, or if the surviving spouse or reciprocal beneficiary dies orremarries, marries, or enters into a new reciprocal beneficiary relationshipbefore any child of the deceased member shall have attained the age of eighteenyears, then to the deceased member's child or children under the age ofeighteen, 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 deceasedmember's final compensation until every child dies, or attains the age ofeighteen; or

(3)  If there is no surviving spouse or reciprocalbeneficiary or child under the age of eighteen years surviving the deceasedmember, then to the deceased member's dependent father or dependent mother, asthe deceased member shall have nominated by written designation dulyacknowledged and filed with the board, or if there is no nomination, then tothe deceased member's dependent father or to the deceased member's dependentmother as the board, in its discretion, shall direct to continue for life.

The pension shall be effective on the first day of themonth following the member's death, except for the month of December, whenbenefits shall be effective on the first or last day of the month.

(b)  Notwithstanding any other law to thecontrary, any condition of impairment of health caused by any disease of theheart, lungs, or respiratory system, resulting in death to a firefighter,police officer, or sewer worker, shall be presumed to have been suffered in theactual performance of duty at some definite time and place through no wilfulnegligence on the firefighter's, police officer's, or sewer worker's part, andas a result of the inherent occupational hazard of exposure to and inhalationof smoke, toxic gases, chemical fumes, and other toxic vapors, unless thecontrary be shown by competent evidence; provided that such firefighter, policeofficer, or sewer worker shall have passed a physical examination on entry intosuch service or subsequent to such entry, which examination failed to revealany evidence of such condition.

(c)  Benefits payable under subsection (a)shall continue through the end of the last month in which the payee is eligiblefor the benefit. [L 1925, c 55, §6(9); am L 1927, c 251, §§1, 4, 5; RL 1935, ptof §7925; RL 1945, §708, subs 9; RL 1955, §6-52; HRS §88-78; am L 1969, c 110, ptof §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" withinmeaning of section.  Att. Gen. Op. 69-25.

  Death resulting from operation on knee injured in actualperformance of duty was natural and proximate result of injury andcompensable.  Att. Gen. Op. 71-6.

  Police officer injured in automobile accident while drivinghome from work in police officer's own, but government equipped car, is injuredwhile 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.