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HI HB1014

Bill

Status

Engrossed

3/3/2023

Primary Sponsor

Scott Saiki

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Origin

House of Representatives

2023 Regular Session

AI Summary

HB 1014 Summary

  • Adds five new statutory definitions to Hawaii Revised Statutes Section 88-21 clarifying terms for service-connected disability and accidental death benefits: "accident," "actual performance of duty," "definite and exact time and place," "incapacitated for duty," and "occupational hazard."

  • Defines "accident" as a single traumatic, unlooked-for mishap that is not expected, not a routine job risk, interrupts normal duties, and directly causes permanent incapacity or death—excluding medical conditions and unexpected results of routine performance.

  • Establishes that permanent incapacity or death caused primarily by natural deterioration or progression of pre-existing conditions does not qualify as service-connected disability or accidental death unless the pre-existing condition itself was caused by an occupational hazard.

  • Shifts burden of proof to members/applicants claiming disability or accidental death benefits to prove by preponderance of evidence that their incapacity or death was not primarily caused by pre-existing conditions.

  • Applies to applications and claims filed after the effective date of June 30, 3000, and does not affect rights and duties that matured before the effective date.

Legislative Description

Relating To Employees' Retirement System Disability Retirement.

Employees' Retirement System

Last Action

Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC/WAM.

3/22/2023

Committee Referrals

Judiciary3/22/2023
Labor and Technology3/9/2023
Finance2/14/2023
Labor & Government Operations1/30/2023

Full Bill Text

No bill text available