Section 6-26-8 - Application for three-year evaluation; calculation of benefits; cancellation of request for evaluation(a) A member who has been retired on service-connected occupational disability retirement for accidents occurring before July 7, 1998 shall be notified in writing at least ninety days before the expiration of three years from the effective date of retirement that the member is entitled to be evaluated by the medical board to determine whether the member has become totally incapacitated for gainful employment as a result of the member's service-connected injuries or job hazard. The member shall notify the system whether the member desires to be evaluated by submitting a written request for evaluation. The written request for evaluation shall be submitted no earlier than the date of the notice from the system that the member is entitled to be evaluated by the medical board and no later than the expiration of three years from the effective date of retirement. The member shall submit new medical evidence in support of the member's claim of total disability.(1) After review by the medical board, if the board determines that the member is totally incapacitated for gainful employment as a result of the member's service-connected injuries or job hazard, the board shall award the member a service-connected disability benefit consisting of an annuity plus a pension of sixty-six and two-thirds per cent of the member's average final compensation;(2) After review by the medical board, if the board determines that the member is not totally incapacitated for gainful employment as a result of the member's service-connected injuries or job hazard, the member's benefit after the completion of three years from the date of retirement shall be the member's annuity plus a pension of thirty-three and one-third per cent of the member's average final compensation.(b) The right to a three-year evaluation shall be deemed waived and the request for an evaluation canceled if the applicant twice fails to keep an appointment with the medical board or with a consultant to whom the applicant may be referred by the medical board or the system for medical evaluation. Written notice of the cancellation shall be sent to the applicant. [Eff 2/8/89; am and comp NOV 26 2009] (Auth: HRS § 88-28) (Imp: HRS §§ 88-77 (1997), 88-79 (1997), 88-80 (1997))