(a) An emergency responder shall not be considered an employee of the requesting member county and shall not be entitled to any right, privilege, or benefit of employment from the requesting member county, including but not limited to compensation, wages, salary, leave, pensions, health benefits, or other advantages.
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Terms Used In Hawaii Revised Statutes 127D-7

  • Assistance: means emergency responders and resources provided by a responding member county in response to a request from a requesting member county. See Hawaii Revised Statutes 127D-2
  • County: means the city and county of Honolulu or the county of Hawaii, Kauai, or Maui; provided that the county of Maui shall include the county of Kalawao for the purposes of this chapter. See Hawaii Revised Statutes 127D-2
  • Emergency: means an event or set of circumstances that:

    (1) Demands immediate action to preserve public health, protect life and public property, or provide relief to any stricken community overtaken by the event or circumstance; or
    (2) Reaches a dimension or degree of destructiveness as to warrant the declaration of a state of emergency or local state of emergency, pursuant to § 127A-14. See Hawaii Revised Statutes 127D-2
  • Emergency responder: includes but is not limited to law enforcement officers, fire fighters, emergency medical services personnel, physicians, nurses, other public health personnel, emergency management personnel, and public works personnel. See Hawaii Revised Statutes 127D-2
  • Requesting member county: means a member county that requests assistance from another member county under this chapter. See Hawaii Revised Statutes 127D-2
(b) If any state or county official, officer, or employee is engaged in carrying out this chapter in lieu of the official, officer, or employee’s regular office or employment, the amount of the official, officer, or employee’s compensation shall not be adversely affected, and the official, officer, or employee’s rights in or under the laws relating to vacation and leave, the retirement system, civil service, or the like shall not be adversely affected.
(c) All persons, including volunteers whose services have been accepted by authorized persons, while engaged in the performance of duty pursuant to this chapter, including any duty performed during exercises and training, shall be deemed to be employees of the responding county and shall have the powers, duties, rights, and privileges of an employee of the responding county in the performance of their duties, except as may be prescribed by or under the authority of the mayor of the responding county pursuant to this chapter.
(d) In case of injury or death arising out of and in the performance of duty pursuant to this chapter, including any duty performed during periods of training, all persons having the status of official, officer, or employee of the responding county, pursuant to this section, and the official, officer, or employee’s dependents, shall be entitled to all of the benefits provided in chapter 386, including medical services and supplies, and in case of injury or death, no public official shall be excluded from the coverage of chapter 386 by reason of being an elected official. For the purposes of the benefits, average weekly wages shall be computed upon the basis set forth in § 386-51, upon the basis of earnings from the usual employment of the person, or upon the basis of earnings at the rate of $20 per week, whichever is most favorable to the claimant or claimants. The costs thereof shall be a charge upon the county insurance fund of the responding county; provided that the mayor of the responding county may effect the insurance in respect of the obligations assumed pursuant to this section and as may be available under any mutual aid agreement or act of the United States Congress. Nothing in this section shall adversely affect the right of any person to receive any benefits or compensation under any act of the United States Congress. Any benefits provided by a responding county to an emergency responder shall be included in the true and full value of assistance provided for purposes of reimbursement under section 127D-8.

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