§88-136  Accidental disability benefit. Any member who has been incapacitated for duty by accident, act of war, orotherwise, occurring while the member is not in the service of the State or anycounty, shall not by reason of such incapacity be entitled to the accidentaldisability benefit provided for by sections 88-79, 88-285, or 88-336, but insuch event if the member can qualify for an ordinary disability retirementbenefit as hereinabove provided, the member shall receive the ordinarydisability retirement benefit. [L 1951, c 262, pt of §3; RL 1955, §6-115; HRS§88-126; am L 1969, c 110, pt of §1; gen ch 1985; am L 1998, c 151, §11; am L2004, c 179, §19]