§88-80 Allowance on retirement for
service-connected disability. Upon retirement for service-connected
disability, a member shall receive the amount of the member's accumulated
contributions and a maximum retirement allowance that shall consist of fifty
per cent of the member's average final compensation. [L 1963, c 127, §9; Supp,
§6-47.1; HRS §88-70; am L 1969, c 110, pt of §1; gen ch 1985; am L 1998, c 151,
§7; am L 2005, c 58, §9]
Case Notes
If employee totally incapacitated by a service-connected
accident, employee should be awarded total disability benefits though employee
may have been incapacitated by superimposed subsequent condition; test for
total incapacitation; "odd-lot" doctrine not applicable to
determination of total incapacitation. 66 H. 304, 660 P.2d 36.
In three year reevaluation of disability, board must consider
whether service-connected accident causes employee to be totally incapacitated
for employment. 4 H. App. 526, 669 P.2d 638.
Notes of Decisions
Stout v. Bd. of Trs. of the Employees' Ret. Sys., State of Hawaii., 398 P.3d 766 (Haw. 2017).
· cites it 4× “” HRS § 88-80 (Supp. 2004). 3 The board may determine whether or not the disability is the result of an accident occurring while in the actual performance of duty at some definite time and place and that the disability was not the result of wilful negligence on the part of the…”
Shizue Inouye v. Bd. of Trs. of the Employees' Ret. Sys., 669 P.2d 638 (Haw. App. 1983).
· cites it 7× “2 On January 18, 1978, the Employees’ Retirement System (ERS) notified Inouye that, pursuant to HRS § 88-80 (1976), her benefits would be decreased to 33-1/3% beginning August 1, 1978, and that she could, if she desired, apply to the medical board for re-examination and…”
Papa v. Bd. of Trs., 657 P.2d 1027 (Haw. 1983).
· cites it 2× “HRS § 88-80. Thereafter, it is reduced to one-third of the retiree’s average final compensation unless the medical board, within this three-year period, finds and certifies that the retiree is “totally incapacitated for gainful employment.”
Lewis v. Bd. of Trs., 660 P.2d 36 (Haw. 1983).
· cites it 2× “In our particular case, decedent had been allowed a service-connected occupational disability in 1972 and the present proceedings commenced in 1975 were pursuant to the last sentence of the first paragraph of § 88-80, HRS. That sentence reads: After the completion of three…”
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