CHAPTER 87A

HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND

 

        Part I.  General Provisions

Section

    87A-1 Definitions

 

        Part II.  Board of Trustees

    87A-5 Composition of board

    87A-6 Term of a trustee; vacancy

    87A-7 Chair, vice-chair, and secretary-treasurer

    87A-8 Compensation and expenses

    87A-9 Legal adviser

   87A-10 Meetings; notice

   87A-11 Quorum; board actions; voting

   87A-12 Records and minutes

 

        Part III.  Board Powers and Duties

   87A-15 Administration of the fund

   87A-16 Health benefits plan; carriers

 87A‑16.3 Prescription drugs; mail order opt out option

   87A-17 Group life insurance benefits or group life insurance

          program

   87A-18 Long-term care benefits plan; carrier or third-party

          administrator

   87A-19 Plans for part-time, temporary, and seasonal or casual

          employees

   87A-20 Repealed

   87A-21 Eligibility

   87A-22 Benefits plan information and enrollment

   87A-23 Health benefits plan supplemental to medicare

   87A-24 Other powers

   87A-25 Other duties

   87A-26 Rules; policies, standards, and procedures

   87A-27 Actuarial investigation; valuations

 

        Part IV.  Trust Fund

   87A-30 Hawaii employer-union health benefits trust fund;

          establishment

   87A-31 Trust fund; purpose; disclosure of information

 87A-31.1 Public employers; defined

 87A-31.5 Employer contributions irrevocable

   87A-32 State and county contributions; active employees

   87A-33 State and county contributions; retired employees

 87A-33.5 State and county contribution; reimbursement for

          retired employees

   87A-34 State and county contributions; retired employees with

          fewer than ten years of service

   87A-35 State and county contributions; employees hired after

          June 30, 1996, but before July 1, 2001, and retired

          with fewer than twenty-five years of service

   87A-36 State and county contributions; employees hired after

          June 30, 2001, and retired

   87A-37 Group life insurance benefits plans for retired

          employees; contributions

   87A-38 State and county contributions not considered wages or

          salary

   87A-39 Reimbursement for state contributions

   87A-40 Employee-beneficiary contributions; health benefit

          plans

   87A-41 Employee-beneficiary or qualified-beneficiary

          contributions; long-term care benefits plan

   87A-42 Other post-employment benefits trust

   87A-43 Repealed

 

Note

 

  Applicability of the following to health benefits plans under this chapter:

  (1)  Coverage for annual screenings of sexually transmitted diseases, including screenings for human immunodeficiency virus and acquired immunodeficiency syndrome, required by L 2016, c 204.  L 2016, c 204, §6;

  (2)  Nondiscrimination provisions required by L 2016, c 135.  L 2016, c 135, §5;

  (3)  Reimbursement for prescription contraceptive supplies required by L 2016, c 205.  L 2016, c 205, §4; and

  (4)  Requirement for reimbursement for telehealth services by L 2016, c 226.  L 2016, c 226, §13.

 

Cross References

 

  Hawaii health authority, see chapter 322H.

  Health and dental insurance data; mandatory reporting for certain insurers, see §323D-18.5.

  Prescription drug benefits, see chapter 431R.

 

Case Notes

 

  This chapter's use of general trust language does not impose upon the trustees all of the common law fiduciary duties; although this chapter does not use "discretion" in requiring the board to decide upon the structure of the health benefits plan, the legislature clearly intended that the board have broad discretion in its design; where trustees expressed concern regarding the impact a change to a three- or four-tier structure would have on the collective bargaining process, and also determined that the two-tiered structure would have a negative impact on the smallest percentage of plan participants, trustees did not abuse their discretion.  115 H. 126, 165 P.3d 1027.

  The words "similarly situated beneficiary not eligible for medicare", as those words are used in §87A-23(1), or "similarly situated employee-beneficiary not eligible for medicare", as those words are used in §87A-23(3), invoke a comparison between medicare eligible retirees and retirees who do not qualify for medicare; thus, this chapter does not require the board of the employer-union health benefits trust fund to provide health benefits plans to retirees whose benefits "reasonably approximate" those benefits provided to active employees.  122 H. 402, 228 P.3d 282.