Hawaii Revised Statutes
Haw. Rev. Stat. § 88-136 (2025)
Accidental disability benefit
✓ laws through the 2025 session: the 2026 session is not included
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§88-136 Accidental disability benefit. Any member who has been incapacitated for duty by accident, act of war, or otherwise, occurring while the member is not in the service of the State or any county, shall not by reason of such incapacity be entitled to the accidental disability benefit provided for by sections 88-79, 88-285, or 88-336, but in such event if the member can qualify for an ordinary disability retirement benefit as hereinabove provided, the member shall receive the ordinary disability 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 L 2004, c 179, §19]
Notes of Decisions
Cited in 1
case, 2017–2017 · leading case: Stout v. Bd. of Trs. of the Employees' Ret. Sys., 398 P.3d 766 (Haw. 2017).
Stout v. Bd. of Trs. of the Employees' Ret. Sys., 398 P.3d 766 (Haw. 2017). “” HRS § 88-136 (Supp. 2004). Thus, the legislature’s framework for “fairness” as to who is entitled to benefits under HRS § 88-79 is not based on the amount of money contributed by or on behalf of a member, but rather if the disabling accident occurs while in service to the…”
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