[§87A-21]  Eligibility.  (a)  The board shall establish eligibility criteria to determine who can qualify as an employee-beneficiary, dependent-beneficiary, or qualified-beneficiary, consistent with the provisions of this chapter.

     (b)  A retired member of the employees' retirement system; a county pension system; or a police, firefighters, and bandsmen pension system of the State or county, shall be eligible to qualify as an employee-beneficiary:

     (1)  Regardless of whether the retired member was actively employed by the State or county at the time of the retired employee's retirement; and

     (2)  Without regard to the date of the retired member's retirement.

     (c)  A dependent of a retired member shall be eligible to qualify as an employee-beneficiary or dependent-beneficiary:

     (1)  Regardless of whether the retired member was actively employed by the State or county at the time of the retired employee's retirement; and

     (2)  Without regard to the date of the retired member's retirement. [L 2001, c 88, pt of §1]

Case Notes

  A retired employee's health benefits that are included in a health benefits plan falls within the constitutional protection contemplated by article XVI, §2 of the Hawaii constitution inasmuch as subsection (b) clearly and unambiguously conditions a retired state or county government employee's eligibility for health benefits on, inter alia, being a retired member of the employees' retirement system.  122 H. 402, 228 P.3d 282.