HB 931 Summary

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

• Redefines "accident" to require a single traumatic event that is not expected, not a risk inherent in routine job duties, interrupts the member's work, and directly causes permanent incapacity or death with natural and proximate causation.

• Establishes that permanent incapacity or death primarily caused by natural deterioration or progression of a pre-existing condition does not qualify for service-connected disability or accidental death benefits; places burden of proof on applicants to show pre-existing condition did not primarily cause the incapacity or death.

• Amends service-connected disability retirement provisions (Sections 88-79 and 88-336) and accidental death provisions (Sections 88-21, 88-82, and 88-85.5) to require the accident occur at "a definite and exact time and place" and in the member's specific position, appointment, or office upon which membership is based.

• Effective December 25, 2040, and applies only to applications and claims filed after that date.