Articles Posted in Supreme Court of Hawaii

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Plaintiff, a member of the Employees' Retirement System of the State of Hawai'i (ERS), challenged the denial of "service-connected disability retirement" benefits after she was shot while serving as a public summer school teacher. The Supreme Court of Hawai'i held that plaintiff was eligible for service-connected disability retirement under applicable law. HRS 88-79 provides that an ERS member may be retired by the ERS for service-connected disability retirement if she was permanently incapacitated for duty as the natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place. In this case, although plaintiff's summer school employment at the school was not "membership service," it was nonetheless "service," and HRS 88-779 provided for "service-connected disability retirement," not "membership service-connected disability retirement." View "Stout v. Board of Trustees of the Employees' Retirement System" on Justia Law