reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-33 Disciplinary action for violation.

§84-33 Disciplinary action for violation.
In addition to any other powers the civil service commission or other authority may have to discipline employees, the civil service commission or authority may reprimand, put on probation, demote, suspend, or discharge an employee found to have violated the code of ethics. [L 1972, c 163, pt of §1; am L 1981, c 82, §13]
Cross References
Civil service, merit appeals board, etc., see §26-5 and chapter 76.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-35 Staff.

§84-35 Staff.
The ethics commission may employ and at pleasure remove such persons, including an executive director, as it may deem necessary for the performance of its functions. Effective July 1, 2005, the salary of the executive director shall be the same as the salary of the director of health. The commission shall fix the compensations of its employees within the amounts made available by appropriation therefor. The employees of the commission shall be exempt from chapter 76. [L 1972, c 163, pt of §1; am L 1982, c 129, §31; am L 1986, c 128, §29; am L 1989, c 329, §19; am L 1990, c 140, §2; am L 1992, c 52, §1; am L 2000, c 253, §150; am L 2005, c 225, §5]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-37 Concurrent jurisdiction.

§84-37 Concurrent jurisdiction.
Notwithstanding any provision contained herein, pursuant to article III, section 12 of the constitution of the State of Hawaii each house of the legislature may prescribe further rules of conduct covering its members and may investigate and discipline a member for any violation of its rules or the code of ethics. [L 1972, c 163, pt of §1; am L 1981, c 82, §14]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-39 Administrative fines.

§84-39 Administrative fines.
(a) Where an administrative fine has not been established for a violation of this chapter, any person, including a legislator or employee, who violates this chapter shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed $1,000 for each violation. All fines collected under this section shall be deposited in the general fund.
(b) No fine shall be assessed under this section unless:
(1) The state ethics commission convenes a hearing in accordance with section 84-31(c) and chapter 91 and a decision has been rendered by the commission; or
(2) The state ethics commission and respondent agree to resolve any charge of an alleged violation prior to completion of the contested case process and the resolution includes payment of an administrative fine or restitution, or both. [L 2006, c 207, §1; am L 2017, c 50, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-42 Mandatory ethics training course.

§84-42 Mandatory ethics training course.
(a) Legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, executive department heads and deputies, and every other person whose financial disclosure statement is a public record pursuant to section 84-17(d) shall complete a live ethics training course administered by the state ethics commission within ninety days of taking office and at least once every four years thereafter.
(b) All other employees shall complete either a live or an online ethics training course developed pursuant to section 84-43(c) and administered by the state ethics commission within ninety days of becoming an employee and at least once every four years thereafter. [L 2004, c 198, pt of §1; am L 2022, c 165, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 84. Standards of Conduct › 84-43 Ethics training courses; live and online.

§84-43 Ethics training courses; live and online.
(a) The state ethics commission shall establish, design, supervise, and conduct live and online ethics training courses for all persons required to complete training under section 84-42.
(b) The live ethics training course may be conducted in person or via videoconference and shall include:
(1) Explanations and discussions of the ethics laws, administrative rules, and relevant internal policies;
(2) Specific technical and legal requirements;
(3) The underlying purposes and principles of ethics laws;
(4) Examples of practical application of the laws and principles; and
(5) A question-and-answer participatory segment regarding common problems and situations.
The state ethics commission shall develop the methods and prepare any materials necessary to implement the live ethics training course.
(c) The online ethics training course shall include explanations, discussions, and examples of the practical application of ethics laws and principles as the state ethics commission deems appropriate. The state ethics commission shall develop the methods and prepare any materials necessary to implement the online ethics training course, which may include previously recorded ethics training courses originally conducted either in person or via videoconference and any other prerecorded material authorized by the state ethics commission.
(d) The state ethics commission shall:
(1) Design and administer the live ethics training courses;
(2) Designate those of its legal staff who are to conduct the live ethics training course;
(3) Notify each legislator or employee, either directly or via the employee's employing agency, that their attendance or participation in an applicable ethics training course is mandatory; provided that a legislator's or employee's non-receipt of notice shall not be a defense to a charge concerning a violation of this chapter; and
(4) Design and administer the online ethics training course.
(e) The state ethics commission may repeat the live course as necessary to accommodate all persons who are required to attend.
(f) Each state agency shall provide to the state ethics commission in a timely manner the names and electronic mail addresses of those persons required to take the applicable course and shall assist the commission by providing adequate meeting facilities, equipment, and technical support as needed for the ethics training courses. [L 2004, c 198, pt of §1; am L 2019, c 120, §5; am L 2022, c 165, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 85. Loyalty

Note
L 1994, c 56, §21 purports to amend repealed § §85-33, 38, 47.
PART I. PERSONAL HISTORY STATEMENTS;
LOYALTY PROCEEDINGS
§ §85-1 to 25 REPEALED.
L 1972, c 26, §1.
PART II. LOYALTY OATH
§ §85-31 to 48 REPEALED.
L 1993, c 63, §1.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-5 Composition of board.

§87A-5 Composition of board.
[See explanatory note below.]
The board of trustees of the employer-union health benefits trust fund shall consist of ten trustees appointed by the governor in accordance with the following procedure:
(1) Five trustees, one of whom shall represent retirees, to represent employee-beneficiaries and to be selected as follows:
(A) Three trustees shall be appointed from a list of two nominees per trustee selected by each of the three exclusive representative organizations that have the largest number of employee-beneficiaries;
(B) One trustee shall be appointed from a list of two nominees selected by mutual agreement of the remaining exclusive employee representative organizations; and
(C) One trustee representing retirees shall be appointed from a list of two nominees selected by mutual agreement of all eligible exclusive representatives; and
(2) Five trustees to represent public employers.
Section 26-34 shall not apply to board member selection and terms. Notwithstanding any other provision of this section, no exclusive representative of a bargaining unit that sponsors or participates in a voluntary employee beneficiary association shall be eligible to select nominees or to be represented by a trustee on the board.
As used in this section, the term "exclusive representative" shall have the same meaning as in section 89-2. [L 2001, c 88, pt of §1; am L 2005, c 250, §1]
Explanatory Note
L 2005, c 250 amendment. The legislature concluded that the governor's proclamation indicating the governor's intent to return H.B. No. 1548 was constitutionally defective and that said measure became law. On July 13, 2005, the legislature assigned Act 250 to H.B. No. 1548. The attorney general has taken the position that H.B. No. 1548 did not become law.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-6 Term of a trustee; vacancy.

§87A-6 Term of a trustee; vacancy.
[See explanatory note below.]
The term of office of each trustee shall be four years; provided that a trustee may be reappointed for one additional consecutive four-year term.
A vacancy on the board shall be filled in the same manner as the trustee who vacated that position was nominated or appointed; provided that the criteria used for nominating or appointing the successor shall be the same criteria used for nominating or appointing the person's predecessor; provided further that vacancies on the board for each trustee position representing retirees and employee-beneficiaries appointed under section 87A-5(1)(A) and (B) shall be filled by appointment of the governor as follows:
(1) If a vacancy occurs in one of the trustee positions described in section 87A-5(1)(A), then the vacancy shall be appointed from a list of two nominees submitted by the exclusive employee representative from among the three largest exclusive employee representatives that does not have a trustee among the three trustee positions;
(2) If a vacancy occurs in a trustee position described in section 87A-5(1)(B), then the vacancy shall be appointed from a list of two nominees submitted by mutual agreement of the exclusive employee representatives described in section 87A-5(1)(B); and
(3) If a vacancy occurs in the retiree position described in section 87A-5(1)(C), then the vacancy shall be appointed from a list of two nominees submitted by mutual agreement of all eligible exclusive employee representatives.
If by the end of a trustee's term the trustee is not reappointed or the trustee's successor is not appointed, the trustee shall serve until the trustee's successor is appointed. [L 2001, c 88, pt of §1; am L 2005, c 250, §2]
Explanatory Note
L 2005, c 250 amendment. The legislature concluded that the governor's proclamation indicating the governor's intent to return H.B. No. 1548 was constitutionally defective and that said measure became law. On July 13, 2005, the legislature assigned Act 250 to H.B. No. 1548. The attorney general has taken the position that H.B. No. 1548 did not become law.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-7 Chair, vice-chair, and secretary-treasurer.

§87A-7 Chair, vice-chair, and secretary-treasurer.
The trustees shall elect from among the members a chair, a vice-chair, and a secretary-treasurer. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-8 Compensation and expenses.

§87A-8 Compensation and expenses.
Each trustee shall serve without compensation, but the trustees may be reimbursed from the fund for any reasonable expenses incurred in carrying out the purposes of the fund. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-10 Meetings; notice.

§87A-10 Meetings; notice.
Meetings may be scheduled, and notice of meetings shall be provided as follows:
(1) The chairperson may call a meeting of the board at any time by giving at least six calendar days' written notice of the time and place of the meeting to all trustees; and
(2) A majority of the trustees may call a meeting of the board by giving at least ten calendar days' written notice of the time and place to all other trustees. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-11 Quorum; board actions; voting.

§87A-11 Quorum; board actions; voting.
(a) Six trustees, three of whom represent the public employer and three of whom represent employee-beneficiaries, shall constitute a quorum for the transaction of business.
(b) Trustees representing the public employers shall collectively have one vote. Trustees representing the employee-beneficiaries shall collectively have one vote.
For any vote of the trustees representing the public employers to be valid, three of these trustees must concur to cast such a vote. In the absence of such concurrence, the trustees representing the public employers shall be deemed to have abstained from voting.
For any vote of the trustees representing the employee-beneficiaries to be valid, three of these trustees must concur to cast such a vote. In the absence of such concurrence, the trustees representing the employee-beneficiaries shall be deemed to have abstained from voting.
An abstention shall not be counted as either a vote in favor or against a matter before the board.
(c) Any action taken by the board shall be by the concurrence of at least two votes. In the event of a tie vote on any motion, the motion shall fail. Upon the concurrence of six trustees, the board shall participate in dispute resolution. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-15 Administration of the fund.

§87A-15 Administration of the fund.
The board shall administer and carry out the purpose of the fund. Health and other benefit plans shall be provided at a cost affordable to both the public employers and the public employees. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-16 Health benefits plan; carriers.

§87A-16 Health benefits plan; carriers.
(a) The board shall establish the health benefits plan or plans, which shall be exempt from the minimum group requirements of chapter 431.
(b) The board may contract for health benefits plans or provide health benefits through a noninsured schedule of benefits. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-16.3 Prescription drugs; mail order opt out option. A Hawaii employer-union health benefits trust fund health benefits plan shall permit each beneficiary to fill any covered prescription in accordance with chapter 431R. [L 2013, c 226, §3]

§87A-16.3
Prescription drugs; mail order opt out option.
A Hawaii employer-union health benefits trust fund health benefits plan shall permit each beneficiary to fill any covered prescription in accordance with chapter 431R. [L 2013, c 226, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-17 Group life insurance benefits or group life insurance program.

§87A-17 Group life insurance benefits or group life insurance program.
The board may provide benefits under a group life insurance benefits program or group life insurance program to employees. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-18 Long-term care benefits plan; carrier or third-party administrator.

§87A-18 Long-term care benefits plan; carrier or third-party administrator.
(a) The board may establish a long-term care benefits plan or plans for employee-beneficiaries; the spouses, parents, grandparents, in-law parents, and in-law grandparents of employee-beneficiaries; and qualified-beneficiaries. The plan or plans shall be at no cost to employers and shall comply with article 10H of chapter 431.
(b) Notwithstanding any other law to the contrary, long-term care benefits shall be available only to:
(1) Employee-beneficiaries and their spouses, parents, and grandparents;
(2) Employee-beneficiary in-law parents and grandparents; and
(3) Qualified-beneficiaries who enroll between the ages of twenty and eighty-five,
who comply with the plan's age, enrollment, medical underwriting, and contribution requirements.
(c) The board may contract with a carrier to provide fully insured benefits or with a third-party administrator to administer self-insured benefits. [L 2001, c 88, pt of §1; am L 2004, c 216, §14]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-19 Plans for part-time, temporary, and seasonal or casual employees.

§87A-19 Plans for part-time, temporary, and seasonal or casual employees.
(a) The board may offer medical, hospital, or surgical benefits plans to part-time, temporary, and seasonal or casual employees at no cost to the employers. The board may determine eligibility for part-time, temporary, and seasonal or casual employees by rules exempt from chapter 91 as provided in section 87A-26.
(b) The board shall establish the medical, hospital, or surgical benefits plan or plans, which shall be exempt from the minimum group requirements of article 10A of chapter 431. The medical, hospital, or surgical benefits plan or plans shall provide, pay for, arrange for, or reimburse the cost of medical, hospital, or surgical services, and may include prescribed hospital in-patient and out-patient service and medical benefits.
(c) The board may contract for the medical, hospital, or surgical benefits plan or plans. Each part-time, temporary, and seasonal or casual employee enrolled for medical, hospital, or surgical benefits shall pay monthly contributions directly to the board's designated carriers. The monthly contributions may include the carrier's administrative costs. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-21 Eligibility.

[ §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.
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-22 Benefits plan information and enrollment.

§87A-22 Benefits plan information and enrollment.
(a) The board shall make information summarizing approved benefits plans available to each employee-beneficiary. The information shall, to the extent reasonably possible, be distributed to each employee-beneficiary at the same time and in the same manner.
(b) The board shall establish conditions and procedures for benefits plan enrollment. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-24 Other powers.

§87A-24 Other powers.
In addition to the power to administer the fund, the board may:
(1) Collect, receive, deposit, and withdraw money on behalf of the fund;
(2) Invest moneys in the same manner specified in section 88-119;
(3) Hold, purchase, sell, assign, transfer, or dispose of any securities or other investments of the fund, as well as the proceeds of those investments and any money belonging to the fund;
(4) Appoint, and at pleasure dismiss, an administrator and other fund staff. The administrator shall be exempt from chapter 76. Other fund staff may be exempt from chapter 76 as determined by the board. The administrator and staff who are exempt from chapter 76 shall serve under and at the pleasure of the board; provided that civil service exempt positions under this section that are created after July 1, 2014, shall be exempt from section 76-16(b)(17)(A); provided further that the salaries of the administrator and chief investment officer shall be set by the board;
(5) Make payments of periodic charges and pay for reasonable expenses incurred in carrying out the purposes of the fund;
(6) Contract for the performance of financial audits of the fund and claims audits of its insurance carriers;
(7) Retain auditors, actuaries, investment firms and managers, benefit plan consultants, or other professional advisors to carry out the purposes of this chapter, including the retaining of an actuary to determine the annual required public employer contribution for the separate trust fund established under section 87A-42;
(8) Establish health benefits plan and long-term care benefits plan rates that include administrative and other expenses necessary to effectuate the purposes of the fund; and
(9) Require any department, agency, or employee of the State or counties to furnish information to the board to carry out the purposes of this chapter. [L 2001, c 88, pt of §1; am L 2004, c 216, §15; am L 2013, c 268, §7; am L 2016, c 30, §2; am L 2017, c 145, §2; am L 2021, c 229, § §2, 9; am L 2023, c 38, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-25 Other duties.

§87A-25 Other duties.
The board shall:
(1) Authorize charges and payments from the fund only upon vouchers countersigned by the chairperson and any other person designated by the board;
(2) Maintain accurate records and accounts of all financial transactions of the fund that shall be audited annually and summarized in an annual report to the governor and legislature;
(3) Maintain suitable and adequate records and provide information requested by State and county employers as necessary to carry out the purpose of the fund;
(4) Procure fiduciary liability insurance and error and omissions coverage for all trustees; and
(5) Procure a fidelity bond of a reasonable amount for the chairperson and any other person authorized to handle fund moneys. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-26 Rules; policies, standards, and procedures.

§87A-26 Rules; policies, standards, and procedures.
(a) The board may adopt rules for the purposes of this chapter. Rules shall be adopted without regard to chapter 91. Rulemaking procedures shall be adopted by the board and shall minimally provide for:
(1) Consultation with employers and affected employee organizations with regard to proposed rules;
(2) Adoption of rules at open meetings that permit the attendance of any interested persons;
(3) Approval of rules by the governor; and
(4) Filing of rules with the lieutenant governor.
(b) The board may also issue policies, standards, and procedures consistent with its rules.
(c) The board may adopt rules, without regard to chapter 91, governing dispute resolution procedures in the event of impasse in decision-making; provided that the rules shall be adopted with the concurrence of six trustees. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-27 Actuarial investigation; valuations.

§87A-27
Actuarial investigation; valuations.
Beginning on July 1, 2017, the actuary retained by the board pursuant to section 87A-42 shall make an annual valuation of the assets and liabilities of the fund based on tables and other factors adopted by the board annually. The annual valuation shall include an update of assumptions specific to the fund that are not updated pursuant to section 88-105, as deemed necessary by the actuary, at least once in each three-year period. [L 2017, c 93, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-30 Hawaii employer-union health benefits trust fund; establishment.

§87A-30 Hawaii employer-union health benefits trust fund; establishment.
There is established outside the state treasury, a trust fund to be known as the "Hawaii Employer-Union Health Benefits Trust Fund". The fund shall consist of contributions, interest, income, dividends, refunds, rate credits, and other returns. It is hereby declared that any and all sums contributed or paid from any source to the fund created by this part, and all assets of the fund including any and all interest and earnings on the same, are and shall be held in trust by the board for the exclusive use and benefit of the employee-beneficiaries and dependent-beneficiaries and shall not be subject to appropriation for any other purpose whatsoever. The fund shall be under the control of the board and placed under the department of budget and finance for administrative purposes. [L 2001, c 88, pt of §1; am L 2006, c 57, §3]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-31.1 Public employers; defined. For the purposes of this part, "public employer" means a governmental entity whose employees', beneficiaries', and retirees' health benefits coverage is provided through the fund. [L 2013, c 268, pt of §6]

§87A-31.1
Public employers; defined.
For the purposes of this part, "public employer" means a governmental entity whose employees', beneficiaries', and retirees' health benefits coverage is provided through the fund. [L 2013, c 268, pt of §6]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-31.5 Employer contributions irrevocable.

§87A-31.5 Employer contributions irrevocable.
Notwithstanding any law to the contrary, all of the monthly contributions that the State and counties make to the fund under sections 87A-32, 87A-33, 87A-34, 87A-35, 87A-36, and 87A-37, and all other contributions that the State and counties may make to the fund, shall be irrevocable; provided that this shall not preclude the fund from returning contributions or payments made by the State or any county under a mistake of fact within one year after the payment of the contributions or payments. [L 2006, c 57, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-32 State and county contributions; active employees.

§87A-32 State and county contributions; active employees.
(a) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a monthly contribution equal to the amount established under chapter 89C or specified in the applicable public sector collective bargaining agreements, whichever is appropriate, for each of their respective employee-beneficiaries and employee-beneficiaries with dependent-beneficiaries, which shall be used toward the payment of costs of a health benefits plan; provided that:
(1) The monthly contribution shall be a specified dollar amount;
(2) The monthly contribution shall not exceed the actual cost of a health benefits plan;
(3) If two employee-beneficiaries are married or in a civil union, the total contribution by the State or the county shall not exceed the monthly contribution for a family plan; and
(4) If the State or any of the counties establish cafeteria plans in accordance with Title 26, United States Code section 125, the Internal Revenue Code of 1986, as amended, and section 78-30, the monthly contribution for those employee-beneficiaries who participate in a cafeteria plan shall be made through the cafeteria plan, and the payments made by the State or counties shall include their respective contributions to the fund and their employee-beneficiary's share of the cost of the employee-beneficiary's health benefits plan.
(b) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a monthly contribution equal to the amount established under chapter 89C or specified in the applicable public sector collective bargaining agreement, whichever is applicable, for each of their respective employees, to be used toward the payment of group life insurance benefits for each employee. [L 2001, c 88, pt of §1; am L 2019, c 51, §3]
Revision Note
In subsection (a)(4), reference to "section 78-30" substituted for "part II of chapter 78".
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-33.5 State and county contribution; reimbursement for retired employees.

§87A-33.5 State and county contribution; reimbursement for retired employees.
Effective July 1, 2007, an employee-beneficiary who retires and relocates outside of the State shall be reimbursed for the premiums paid by the employee-beneficiary for a personal health insurance policy; provided that the board shall determine which employee-beneficiaries and what types of personal health insurance policies shall be eligible for reimbursement and may set other conditions that shall be met for the employee-beneficiary to receive the reimbursements provided under this section.
The reimbursement shall be the lesser of:
(1) The actual cost of the personal health insurance policy; or
(2) The amount of the state or county contribution for the most comparable health benefits plan.
Reimbursements shall be paid by the fund on a quarterly basis upon the presentation of documentation that the premiums for the personal health insurance policy have been paid by the employee-beneficiary. This section shall apply to all employee-beneficiaries who retire and relocate outside of the State, regardless of their date of retirement. [L 2006, c 167, §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-34 State and county contributions; retired employees with fewer than ten years of service.

§87A-34 State and county contributions; retired employees with fewer than ten years of service.
(a) This section shall apply to state and county contributions to the fund for employees specified in paragraph (1)(D) of the definition of "employee" in section 87A-1 who:
(1) Were hired on or before June 30, 1996; and
(2) Retired after June 30, 1984, with fewer than ten years of credited service, excluding sick leave.
(b) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a monthly contribution equal to one-half of the base monthly contribution set forth under section 87A-33(b) for retired employees enrolled in medicare or non-medicare health benefits plans. If two employee-beneficiaries are married or in a civil union, the total contribution by the State or county shall not exceed the monthly contribution for supplemental medicare family or non-medicare family plan, as appropriate. [L 2001, c 88, pt of §1; am L 2017, c 12, §5; am L 2019, c 51, §5]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 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-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.
(a) This section shall apply to state and county contributions to the fund for employees who were hired after June 30, 1996, but before July 1, 2001, and who retire with fewer than twenty-five years of credited service, excluding sick leave; provided that this section shall not apply to the following employees, for whom state and county contributions shall be made as provided by section 87A-33:
(1) An employee hired prior to July 1, 1996, who transfers employment after June 30, 1996, and who cumulatively accrues at least ten years of credited service; and
(2) An employee hired prior to July 1, 1996, who has at least ten years of credited service prior to a break in service.
For the purposes of this section:
"Break in service" means to leave state or county employment for more than ninety calendar days before returning to state or county employment.
"Transfer" means to leave state or county employment and return to state or county employment within ninety calendar days.
(b) For purposes of this section, if an employee leaves state or county employment and returns to state or county employment after June 30, 1996, upon retirement, the employee's years of service shall be computed in the same manner as set forth in chapter 88.
(c) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund:
(1) For retired employees enrolled in medicare or non-medicare health benefit plans with ten or more years but fewer than fifteen years of service, a monthly contribution equal to one-half of the base monthly contribution set forth under section 87A-33(b); and
(2) For retired employees enrolled in medicare or non-medicare health benefit plans with at least fifteen but fewer than twenty-five years of service, a monthly contribution of seventy-five per cent of the base monthly contribution set forth under section 87A-33(b).
If two employee-beneficiaries are married or in a civil union, the total contribution by the State or county shall not exceed the monthly contribution for a supplemental medicare family or non-medicare family plan, as appropriate. [L 2001, c 88, pt of §1; am L 2004, c 184, §1; am L 2019, c 51, §6]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-36 State and county contributions; employees hired after June 30, 2001, and retired.

§87A-36 State and county contributions; employees hired after June 30, 2001, and retired.
(a) This section shall apply to state and county contributions to the fund for employees hired after June 30, 2001, and who retired, except that this section shall not apply to the following employees, for whom state and county contributions shall be made as provided by section 87A-35:
(1) An employee hired after June 30, 1996, and prior to July 1, 2001, who transfers employment after June 30, 2001, and who cumulatively accrues at least ten years of credited service; and
(2) An employee hired after June 30, 1996, and prior to July 1, 2001, who has at least ten years of credited service prior to a break in service.
For purposes of this section:
"Break in service" means to leave state or county employment for more than ninety calendar days before returning to state or county employment.
"Transfer" means to leave state or county employment and return to state or county employment within ninety calendar days.
(b) For purposes of this section, if an employee leaves state or county employment and returns to state or county employment after July 1, 2001, upon retirement, the employee's years of service shall be computed in the same manner as set forth in chapter 88.
(c) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund:
(1) For retired employees based on the self plan with ten or more years but fewer than fifteen years of service, a monthly contribution equal to one-half of the base medicare or non-medicare monthly contribution set forth under section 87A-33(b);
(2) For retired employees based on the self plan with at least fifteen but fewer than twenty-five years of service, a monthly contribution equal to seventy-five per cent of the base medicare or non-medicare monthly contribution set forth under section 87A-33(b);
(3) For retired employees based on the self plan with twenty-five or more years of service, a monthly contribution equal to one hundred per cent of the base medicare or non-medicare monthly contribution set forth under section 87A-33(b); and
(4) One-half of the monthly contributions for the employee-beneficiary or employee-beneficiary with dependent-beneficiaries upon the death of the employee, as defined in paragraph (1)(D) of the definition of "employee" in section 87A-1[.]
If two employee-beneficiaries are married or in a civil union, the total contribution by the State or county shall not exceed the monthly contribution for two supplemental medicare self or non-medicare self plans, as appropriate. [L 2001, c 88, pt of §1; am L 2004, c 184, §2; am L 2017, c 12, §6; am L 2019, c 51, §7]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-37 Group life insurance benefits plans for retired employees; contributions.

§87A-37 Group life insurance benefits plans for retired employees; contributions.
(a) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a base monthly contribution as set forth in subsection (b) for each retired employee enrolled in the fund's group life insurance benefits plan under section 87A-34, 87A-35, and 87A-36.
(b) Effective July 1, 2003, there is established a base monthly contribution of $4.16 for each retired employee enrolled in a group life insurance plan; provided that the monthly contribution shall not exceed the actual cost of the group life insurance benefits plan. The base composite monthly contribution shall be adjusted annually beginning July 1, 2004. The adjusted base composite monthly contribution for each new plan year shall be calculated by increasing or decreasing the base composite monthly contribution in effect through the end of the previous plan year by the percentage increase or decrease in the medicare part B premium rate for those years. The percentage shall be calculated by dividing the medicare part B premium rate in effect at the beginning of the new plan year by the rate in effect through the end of the previous plan year.
As used in this subsection, "medicare part B premium rate" means the rate published in the Federal Register each year on November 1 or on the business day closest to November 1 of each year after the medicare part B premium rate has been established by the Secretary of Health and Human Services and approved by the United States Congress. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-38 State and county contributions not considered wages or salary.

§87A-38 State and county contributions not considered wages or salary.
Contributions made by the State or the counties under this part shall not be considered wages or salary of an employee-beneficiary. No employee-beneficiary shall have any vested right in or be entitled to receive any part of any contribution made to the fund. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-39 Reimbursement for state contributions.

§87A-39 Reimbursement for state contributions.
(a) All state agencies having control of funds other than the general fund shall reimburse the State for contributions made by the State pursuant to sections 87A-32, 87A-33, 87A-34, 87A-35, 87A-36, and 87A-37 on account of agency employees whose compensation is paid in whole or part from funds other than the general fund.
(b) All state and county agencies receiving federal funds, which may be expended for the purpose of replacing the contributions payable by the State to the fund, shall set aside a portion of the federal funds sufficient to reimburse the State for contributions made by the State pursuant to sections 87A-32, 87A-33, 87A-34, 87A-35, 87A-36, and 87A-37, on account of the employees in the agencies whose compensation is paid in whole or part from federal funds. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-40 Employee-beneficiary contributions; health benefit plans.

§87A-40 Employee-beneficiary contributions; health benefit plans.
(a) Each employee-beneficiary shall make a monthly contribution to the fund amounting to the difference between the monthly charge of the health benefits plan selected by the employee-beneficiary and the contribution made by the State or county for the employee-beneficiary to the fund. Nothing in this section shall prohibit any employee-beneficiary from participating in a cafeteria plan authorized under Title 26 United States Code section 125, Internal Revenue Code of 1986, as amended, and section 78-30.
(b) Except as provided in subsection (c), during the period the health benefits plan selected by an employee-beneficiary is in effect, the employee-beneficiary, if allowed by law, shall authorize the employee-beneficiary's contribution to be withheld and transmitted to the fund monthly by the comptroller, employees' retirement system, or finance officer who disburses the employee-beneficiary's compensation, pension, or retirement pay. If an employee-beneficiary's contribution to the fund is not withheld and transmitted to the fund, the employee-beneficiary shall pay the monthly contribution directly to the fund by the first day of each month.
(c) Each employee-beneficiary who retires after June 30, 2020, and each surviving spouse or surviving child who enrolls in a health plan offered by the fund as an employee-beneficiary after June 30, 2020, shall authorize their contribution to the fund to be electronically withheld or deducted and transmitted to the fund monthly by the employees' retirement system or the financial institution of the retirant or retirant's surviving beneficiary. This method may be waived by the fund if another method is determined to be more appropriate. If the contribution by the retirant or the retirant's surviving beneficiary is not electronically withheld, deducted, or transmitted to the fund, the retirant or the retirant's surviving beneficiary shall pay their monthly contribution directly to the fund by the first day of each month.
(d) Notwithstanding subsection (a), an employee-beneficiary's monthly contribution to the fund shall include the amount that would have been the employee-beneficiary's contribution if the employee-beneficiary had not elected to participate in the cafeteria plan. [L 2001, c 88, pt of §1; am L 2020, c 62, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-41 Employee-beneficiary or qualified-beneficiary contributions; long-term care benefits plan.

§87A-41 Employee-beneficiary or qualified-beneficiary contributions; long-term care benefits plan.
(a) During the period the long-term care benefits plan is in effect, the employee-beneficiary, if allowed by law, shall authorize the employee-beneficiary's contribution to be withheld and transmitted to the fund monthly by the comptroller, employees' retirement system, or finance officer who disburses the employee-beneficiary's compensation, pension, or retirement pay. If an employee-beneficiary's monthly contribution to the fund is not withheld and transmitted to the fund, the employee-beneficiary shall pay the monthly contribution directly to the board's designated carrier or third-party administrator as specified by the board.
(b) Qualified-beneficiaries shall pay monthly contributions directly to the board's designated carrier or third-party administrator as specified by the board. [L 2001, c 88, pt of §1]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 87A. Hawaii Employer-Union Health Benefits Trust Fund › 87A-43 Payment of public employer contributions to the other post-employment benefits trust.

§87A-43 Payment of public employer contributions to the other post-employment benefits trust.
(a) Commencing with fiscal year 2018-2019, each of the counties and all other public employers shall make annual required contributions in accordance with section 87A-42 for the benefit of their retirees and beneficiaries.
(b) The board shall determine the annual required contribution owed by each public employer under this part for each fiscal year, beginning with fiscal year 2018-2019. [L 2013, c 268, pt of §6; am L 2021, c 229, § §7, 9]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-1 Restrictions.

§88-1 Restrictions.
The provisions of this section shall be applicable to every pension and to every recipient or beneficiary thereof, granted or provided for by any special act of the legislature (other than benefits, or the recipients thereof, payable to beneficiaries or retirants of the employees' retirement system under parts II, VII, and VIII) whether the pension be payable by the State or by any county, or by any board, commission, bureau, department, or other agency thereof:
(1) No recipient or beneficiary shall be permitted to draw any pension, or any portion thereof, in excess of $50 per month, while the recipient or beneficiary is holding any salaried position or office in, under or by authority of the United States, the State, or any political subdivision thereof. This paragraph shall not apply to any recipient or beneficiary who is elected to the legislature or to the council of any county.
(2) If the recipient or beneficiary is a surviving spouse or reciprocal beneficiary, the pension so granted shall cease when the surviving spouse or reciprocal beneficiary remarries, marries, or enters into a new reciprocal beneficiary relationship.
(3) Any pension payable to any minor shall cease when the minor reaches the age of eighteen years.
(4) If any recipient or beneficiary of a pension, having a spouse or reciprocal beneficiary at the time the pension was first granted to the recipient or beneficiary dies, then the spouse or reciprocal beneficiary, as long as the spouse or reciprocal beneficiary remains unmarried or not in a reciprocal beneficiary relationship, shall be paid sixty per cent of the amount of the pension payable to the beneficiary. [L 1933, c 157, §1; RL 1935, §7915; am L 1943, c 44, §1; RL 1945, §631; am L 1947, c 28, §1; RL 1955, §6-1; HRS §88-1; am L 1969, c 110, pt of §1; am L 1974, c 118, §1(1); gen ch 1985; am L 1997, c 383, §25; am L 2006, c 169, §2]
2023 Hawaii Revised Statutes › Title 7. Public Officers and Employees › 88. Pension and Retirement Systems › 88-1.2 Civil unions

§88-1.2 Civil unions
. For the purposes of this chapter, the terms "married", "marriage", "marital", "husband", "wife", or similar spousal terms shall include civil union partners and civil unions under chapter 572B, unless recognition of a civil union as a marriage conflicts with the requirements for the system to be a tax-qualified plan under section 401(a) of the Internal Revenue Code of 1986, as amended. [L 2013, c 123, §2]