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HI HB1014
Bill
Status
3/3/2023
Primary Sponsor
Scott Saiki
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AI Summary
HB 1014 Summary
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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."
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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.
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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.
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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.
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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