Chapter 87A

Hawaii Employer-Union Health Benefits Trust Fund

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87A-20 Repealed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

Part IV. Trust Fund

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

establishment

87A-31 Trust fund; purpose

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 Payment of public employer contributions to the other

post-employment benefits trust

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.