C.  Special Compensation Fund

     §386-151  Special compensation fund established and maintained.  (a)  There is hereby created a trust fund to be known as the special compensation fund which shall consist of payments made to it as provided by law.  The director of finance of the State shall be custodian of the fund, and all disbursements therefrom shall be paid by the director of finance upon orders by the director of labor and industrial relations.

     (b)  Every employer pursuant to an order made by the director, shall pay into the fund the amounts specified in sections 386-34(5) and 386-41(d) under the conditions prescribed for such payment.  Whenever such amount is paid into the fund and it is subsequently determined by the director, the appellate board, or a court having jurisdiction that a dependent is entitled to benefits excluding or diminishing the entitlement of the fund, the director, appellate board, or court shall order the refund of the sum to which the fund is not entitled and the director of finance as custodian shall immediately make such refund upon receipt by the director of finance of a certified copy of this order.  In cases where an order of the director ordering payment into the fund is reversed on appeal the employer is relieved of any duty to make payments into the fund.

     (c)  The director shall appoint annually a certified public accountant to examine and audit all the books and records relating to the special compensation fund and shall advise the director as to the fund's solvency, including recommendations as to levies and charges provided for in section 386-152 and the required level of funding.  The certified public accountant's fees for this service shall be paid out of the special compensation fund. [L 1963, c 116, pt of §1; Supp, §97-140; HRS §386-151; am L 1973, c 183, §1; gen ch 1985; am L 2013, c 100, §5]