Hawaii Revised Statutes 392-52 – Disposition of accrued benefits where insurer is unable to locate employee
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Terms Used In Hawaii Revised Statutes 392-52
- Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 392-3
- Disability: means total inability of an employee to perform the duties of the employee's employment caused by sickness, pregnancy, termination of pregnancy, organ donation, or accident other than a work injury as defined in § 386-3. See Hawaii Revised Statutes 392-3
- Employer: means any individual or type of organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more individuals in employment during any day or portion of a day. See Hawaii Revised Statutes 392-3
- Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. Source: OCC
An insurer who is unable to pay benefits to an employee because the employee cannot be located, shall deposit the accrued benefits into the trust fund for disability benefits. Upon locating the employee, the director shall pay from the trust fund to the employee an amount equal to but not more than the amount paid into the fund by the employer. If the employee cannot be located for a period of two years from the date of deposit, the employee’s unpaid benefits shall escheat to the trust fund for disability benefits.