§127-7  Compensation, rights, privileges,and immunities.  No person engaged in actual disaster relief pursuant tothis chapter, including a volunteer whose services are accepted by any personauthorized by the director of disaster relief, shall be liable, civilly orcriminally, for any act or acts done by the person in pursuance of the person'sduty; provided that nothing herein shall preclude recovery by any person forinjury or damage sustained from the operation of any vehicle which may beinsured under section 41D-8, and the director is hereby authorized to insurevehicles owned by the State or in the custody and use of the disaster reliefagency.

All persons, including volunteers whoseservices have been accepted by persons authorized by the director, shall, whileengaged in the performance of duty pursuant to this chapter, including dutyperformed during periods of training, be deemed state employees and shall havethe powers, duties, rights, and privileges of employees in the performance oftheir duty.  All persons who may otherwise be employees of the State or of anypolitical subdivision shall continue to receive the compensation they wouldotherwise receive; and shall for the purposes of the employees retirementsystem, or any applicable workers' compensation law be deemed to be engaged inthe performance of their ordinary duties.  All other persons when engaged inactual disaster relief, including volunteers whose services have been acceptedby persons authorized by the director, shall be entitled to compensation fromthe State at the rate paid to jurors; provided this provision shall not beconstrued to prohibit the contracting for medical or other technical servicesat higher rates of compensation.  Further, in case of injury or death arising outof and in the performance of duty pursuant to this chapter, including dutyperformed during periods of training, such persons or their dependents shall beentitled to all of the benefits provided in chapter 386, including medicalservices and supplies; provided that for the purposes of the benefits, averageweekly wages shall be computed upon the basis of earnings from the usualemployment of such persons.  The cost thereof shall be a charge upon the stateinsurance fund.  Nothing herein shall affect the right of any person to receiveany benefits or compensation under any act of Congress. [L 1949, c 320, §9; RL1955, §358-8; HRS §127-7; am L 1975, c 41, §1; gen ch 1985; am L 1992, c 87,§2]