HB 2105 Summary

• Adds five new statutory definitions to Hawaii Revised Statutes Section 88-21: "accident," "actual performance of duty," "definite and exact time and place," "incapacitated for duty," and "occupational hazard" to clarify eligibility for Employees' Retirement System (ERS) service-connected disability and accidental death benefits.

• Requires service-connected disability and accidental death to result from accidents occurring at a "definite and exact time and place" (not just "some definite time and place"), narrowing the scope of qualifying incidents.

• Establishes that permanent incapacity primarily caused by natural deterioration or progression of pre-existing conditions does not qualify as service-connected disability or accidental death, shifting burden of proof to applicants to show their incapacity was not primarily caused by pre-existing conditions.

• Modifies Section 88-82 to explicitly place burden of proof on the member or applicant (not the ERS) in disability retirement and accidental death benefit contested case hearings, requiring proof by preponderance of evidence.

• Effective December 25, 2040; does not affect rights, duties, or proceedings that matured or began before the effective date.