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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.7/00
STATE OF HAWAII
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact Vital Records
Section, State Department of Health, P. O. Box 3378, Honolulu, HI 96801, phone (808)
548-5819.
STATE DEATH BENEFITS
None Available.
FUNERAL EXPENSE
A one-time funeral expense of $100 is paid to the beneficiary of law enforcement officers
killed in the line of duty.
MONTHLY PENSION PAID TO SURVIVING FAMILIES
Chapter 88, Sec. 163
Survivors of Public Safety Officers killed in the line of duty will receive a monthly pension.
Amount for the widow is $50 a month until the widow(er)'s death or remarriage and $7.50 a
month to the widow(er) for each child so long as the child resides with the surviving spouse.
Upon the death of a spouse, or if the employee leaves no widow but a child or children under
the age of eighteen, $50 a month shall be distributed equally plus $7.50 per child until
such time as the child or children reach age eighteen.
If any member of the police force dies not leaving a widow, but leaving a father or mother
dependent upon him, the father or mother (not both) shall, upon satisfactory proof of
dependency being made to the board of trustees receive from the system a sum not exceeding
$50 per month.
If there be no widow and no child and no father or mother, but dependent brothers or sisters,
then such pension shall be paid to them and shall not exceed the aggregate amount of $30
per month.
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All pensions shall be subject to reduction by the board of trustees whenever, in its judgment,
circumstances make it reasonable, fair or necessary. All pensions so reduced may thereafter
be restored or further reduced as the board may deem best.
On the remarriage of any widow entitled to the benefits of any sum, or in the event of any
father or mother, brothers, or sisters ceasing to be dependents then the payments to them shall
cease.
The state retirement system benefits are earned or paid for benefits as are unpaid salaries and
accumulated vacation leaves. Contact the State Retirement System at (808) 586-1679.
BENEFITS IN LIEU OF OTHER PAYMENTS
The benefits set forth shall be in lieu of any or other compensation payable to a member of a
police force or any of the member's dependents under or on account of chapter 386, or any
other claim or demand against the county by whom the member is employed. However, the
member of the police force or the member's dependents may, at the member's or their election,
waive the benefit provided for in this part and in lieu thereof claim any compensation or
benefits that would otherwise be payable to the member or the member's dependents under
chapter 386, or in any manner authorized by law.
EDUCATIONAL BENEFIT
None Available.
HEALTH BENEFIT
The state health fund benefits are earned or paid for benefits. Benefits are dependent upon
the monies paid in by the officer.
WORKERS' COMPENSATION
DEATH: ENTITLEMENT TO AND RATE OF COMPENSATION
Workers' Compensation coverage is compulsory for employers in Hawaii.
Sec. 386-41.
(a) Funeral and burial allowance. Where a work injury causes
death, the employer shall pay funeral expenses not to exceed ten
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times the maximum weekly benefit rate to the mortician and burial
expenses not to exceed five times the maximum weekly benefit rate
to the cemetery selected by the family or next of kin of the deceased
or in the absence of such family or next of kin of the deceased or in
the absence of such family or next of kin, by the employer. Such
payments shall be made directly to the mortician and cemetery;
provided that when the deceased has a pre-paid funeral and burial
plan such payments for funeral and burial expenses, not to exceed
the foregoing limits, shall be made directly to the surviving spouse or
the decedent's estate if there is no surviving spouse.
(b) Weekly benefits for dependents. In addition, the employer
shall pay weekly benefits to the deceased's dependents at the
percentages of the deceased's average weekly wages specified
below, taking into account not more than the maximum weekly
benefit rate prescribed in said section divided by .667.
To the dependent widow or widower, if there be one or more
dependent children of the deceased, sixty-six and two-thirds per
cent. The compensation to the widow or widower shall be for the
use and benefit of the widow or widower and of the dependent
children, and the director of labor and industrial relations may from
time to time apportion the compensation between them in such way
as the director deems best.
If there be no dependent widow or widower, but a dependent child,
then to dependent parent, then to the parent, if wholly dependent
fifty per cent, or if partially dependent twenty-five per cent; if both
parents be dependent, then one half of the foregoing compensation
to each of them; if there be no dependent parent, but one of more
dependent grandparents, then to each of them in the same
compensation as to a parent.
If there be no dependent widow, widower, child, parent or
grandparent, but there be a dependent grandchild, brother, or sister,
or two or more of them, then to such dependents thirty-five per cent
for one dependent, increased by fifteen per cent for each additional
dependent, to be divided equally among the dependents if more
than one.
(c) Maximum weekly amounts. The sum of all weekly benefits
payable to the dependents of the deceased employee shall not
exceed sixty-six and two-thirds per cent of the employee's average
weekly wages, computed by observing the limits specified in
subsection (b), if necessary, the individual benefits shall be
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proportionally reduced.
(d) Liability to special compensation fund in the absence of
dependents. If there be no dependents who are entitled to benefits
under this section, the employer shall pay the sum of $8,775 for any
one death into the special compensation fund, pursuant to an order
made by the director. The employer, pursuant to an order made by
the director, shall pay any remaining balance into the special
compensation fund, if the weekly benefits to which dependents are
entitled terminate without totaling the sum of $8,775.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers compensation claim through a workers' compensation attorney to receive
any compensation. The determination as to whether the claim will be paid will be determined
by the Workers' Compensation Appeals Board.
Contact the Disability Compensation Division of the Department of Labor and
Industrial Relations, 830 Punchbowl Street, Room 211, Honolulu, HI 96813, telephone
(808) 586-9161.
PERSONAL LIFE POLICY - INTESTATE
Descent and Distribution - Uniform Probate Code, but not 1975 or 1977 Official
Amendments, adopted (c.560), with following modifications: spouse takes entire estate if no
surviving issue or parent of deceased; otherwise spouse takes one-half (560:2-102). If no
surviving spouse, issue, parent, or issue of parents, to surviving grandparent or grandparents
in equal shares. If all grandparents are deceased, estate passes in equal shares to issue of equal
degree of grandparents, with no right of representation to shares of issue of grandparents who
have died. However, to extent to which estate comes from either set of grandparents of
decedent, those grandparents or their issue shall take to exclusion of other set of grandparents
or their issue regardless of degree of kinship unless escheat to State would be caused. (560:2-
103(4)).
If all grandparents and issue of grandparents deceased, to great-grandparents in equal shares or
to surviving great-grandparents; if all great-grandparents deceased, then in equal shares to
issue thereof of equal degree, with no right of representation and with proviso re estate from
one set of great-grandparents as per above.
For Rights Accruing Prior to July 1, 1977, the Following is Applicable:
Entire estate, or if there is surviving spouse excess over share of such spouse, descends and is
distributed as follows, each class of which member is living taking to exclusion of subsequent
classes: (1) Children per capita and issue of deceased children by representation; (2) parents
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or surviving parent; (3) brothers and sisters per capita and children of deceased brothers and
sisters by representation; (4) next of kin equally. (532-4).
Surviving spouse - takes as follows: (1) Where decedent left issue, nothing by inheritance but
only dower or curtesy; (2) where decedent left parent, brother, sister, or issue of deceased
brother or sister, one-half of estate; (3) where decedent left none of aforementioned, entire
estate. Surviving spouse cannot take both by inheritance and under right of dower or curtesy.
ADDITIONAL BENEFITS
CONCERNS OF POLICE SURVIVORS, INC. (COPS)
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact: Mrs. Renise Bayne, President, Hawaii COPS, 94553
Lumiauau Street, Waipahu, HI 96797, (808) 676-8556, email bogie@lava.net.
OTHER BENEFITS
The 200 Club is an organization made up of business and professional people who support
local law enforcement through various financial support programs.
There are other non-public benefits such as insurance from the Police Relief Associations, the
police union and credit unions which require membership before benefits are afforded.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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