Hawaii 2023 Regular Session

Hawaii Senate Bill SB1115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1115 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT relating to workers' compensation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1115
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1115
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	relating to workers' compensation.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. Section 386-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(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 section 386-31 divided by .6667 and not less than the minimum prescribed in the section divided by .6667. To the dependent widow, widower, or reciprocal beneficiary, if there are no dependent children, fifty per cent. To the dependent widow, widower, or reciprocal beneficiary, if there are one or more dependent children of the deceased, sixty-six and two-thirds per cent. The compensation to the widow, widower, or reciprocal beneficiary shall be for the use and benefit of the widow, widower, or reciprocal beneficiary and of the dependent children, and the director of labor and industrial relations from time to time may apportion the compensation between them in such way as the director deems best. If there is no dependent widow, widower, or reciprocal beneficiary, but a dependent child, then to the child forty per cent, and if there is more than one dependent child, then to the children in equal parts sixty-six and two-thirds per cent. If there is no dependent widow, widower, or reciprocal beneficiary, or child, but there is a dependent or partially dependent parent, then to the parent[, if wholly dependent] fifty per cent[, or if partially dependent twenty-five per cent]; if both parents are dependent, then one-half of the foregoing compensation to each of them; if there is no dependent parent, but one or more dependent grandparents, then to each of them the same compensation as to a parent. If there is no dependent widow, widower, [or] reciprocal beneficiary, child, parent, or grandparent, but there is a dependent grandchild, brother, or sister, or two or more of them, then to those 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." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. Section 386-41, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
50	50
51	51	"(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 section 386-31 divided by .6667 and not less than the minimum prescribed in the section divided by .6667.
52	52
53	53	To the dependent widow, widower, or reciprocal beneficiary, if there are no dependent children, fifty per cent.
54	54
55	55	To the dependent widow, widower, or reciprocal beneficiary, if there are one or more dependent children of the deceased, sixty-six and two-thirds per cent. The compensation to the widow, widower, or reciprocal beneficiary shall be for the use and benefit of the widow, widower, or reciprocal beneficiary and of the dependent children, and the director of labor and industrial relations from time to time may apportion the compensation between them in such way as the director deems best.
56	56
57	57	If there is no dependent widow, widower, or reciprocal beneficiary, but a dependent child, then to the child forty per cent, and if there is more than one dependent child, then to the children in equal parts sixty-six and two-thirds per cent.
58	58
59	59	If there is no dependent widow, widower, or reciprocal beneficiary, or child, but there is a dependent or partially dependent parent, then to the parent[, if wholly dependent] fifty per cent[, or if partially dependent twenty-five per cent]; if both parents are dependent, then one-half of the foregoing compensation to each of them; if there is no dependent parent, but one or more dependent grandparents, then to each of them the same compensation as to a parent.
60	60
61	61	If there is no dependent widow, widower, [or] reciprocal beneficiary, child, parent, or grandparent, but there is a dependent grandchild, brother, or sister, or two or more of them, then to those 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."
62	62
63	63	SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
64	64
65	65	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
66	66
67	67	SECTION 4. This Act shall take effect upon its approval.
68	68
69	69
70	70
71	71	INTRODUCED BY: _____________________________
72	72
73	73	INTRODUCED BY:
74	74
75	75	_____________________________
76	76
77	77
78	78
79	79
80	80
81	81
82	82
83	83
84	84
85	85
86	86
87	87
88	88
89	89
90	90
91	91
92	92
93	93
94	94
95	95
96	96
97	97
98	98
99	99
100	100
101	101
102	102
103	103
104	104
105	105
106	106
107	107
108	108
109	109
110	110
111	111
112	112
113	113	Report Title: Workers' Compensation; Entitlement; Rate of Compensation; Weekly Benefits; Partially Dependent Parents Description: Increases the percentage rate of weekly workers' compensation benefits for partially dependent parents of a deceased child from twenty-five per cent to fifty per cent. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
114	114
115	115
116	116
117	117
118	118
119	119	Report Title:
120	120
121	121	Workers' Compensation; Entitlement; Rate of Compensation; Weekly Benefits; Partially Dependent Parents
122	122
123	123
124	124
125	125	Description:
126	126
127	127	Increases the percentage rate of weekly workers' compensation benefits for partially dependent parents of a deceased child from twenty-five per cent to fifty per cent.
128	128
129	129
130	130
131	131
132	132
133	133
134	134
135	135	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.