Hawaii Administrative Rules › Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT › Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN › Chapter 51 - PREMIUM CONVERSION PLAN › Subchapter 3 - BENEFIT ELECTIONS › Section 14-51-24 - Voluntary changes in elections

Current through June, 2024
(a) A benefit
				  election may be voluntarily canceled or changed prior to the end of a period of
				  coverage, if both of the following conditions are met:
(1) The cancellation or change is on account
				  of and is consistent with a change in status authorized under section 125 of
				  the Code or under written guidance issued by the federal Treasury Department or
				  the Internal Revenue Service, including but not limited to such events as:
(A) A change in legal marital status
				  (including marriage, divorce, death of spouse, legal separation, or
				  annulment);
(B) A change in the
				  number of dependents (including birth, adoption, addition of a foster child,
				  death of a dependent, or the addition of eligible dependents to the employee's
				  household);
(C) A change in
				  employment status of the employee, employee's spouse, or the employee's
				  dependent (including commencement or termination of employment, a strike or
				  lockout, reduction or increase in hours of employment by the employee, spouse,
				  or dependent, commencement of or return from an unpaid leave of absence,
				  transfer to a non-eligible employment classification, a change to a new
				  employment classification where other component plans are available or where
				  the employee's carrier plan is not available, or a change in
				  worksite);
(D) A change that causes
				  an employee's dependent to satisfy or cease to satisfy eligibility requirements
				  for coverage (including attaining age,, student status, or any similar
				  circumstance);
(E) A change in
				  residence of the employee, spouse, or dependent where the employee's carrier's
				  plan is no longer available or where other component plans are
				  available;
(F) A judgment, decree,
				  or order resulting from a divorce, legal separation, annulment, or change in
				  legal custody (including a qualified medical child support order as defined in
				  section 609 of ERISA) that requires accident or health insurance coverage for
				  an employee's child or foster child who is a dependent of the
				  employee;
(G) An entitlement or
				  loss of entitlement to medicare or medicaid, or loss of entitlement to certain
				  other governmental or educational institution group medical programs as defined
				  under the Code;
(H) A significant
				  change in the component plan costs or coverage terms, including the addition or
				  elimination of a benefit plan;
(I)
				  A change in coverage under another employer plan;
(J) A reduction in service hours that meets
				  the following conditions:
(i) The employee
				  has been in an employment status under which the employee was reasonably
				  expected to average at least thirty hours of service per week (even if that
				  change does not make the employee ineligible for coverage) and there is a
				  change in that employee's status so that the employee will now be reasonably
				  expected to average less than thirty hours of service per week after the
				  change; and
(ii) Upon cancellation
				  of the election of coverage under the component plan, the employee attests to
				  the plan in writing that the employee and any related individuals who are no
				  longer covered because of the cancellation, have enrolled or intend to enroll
				  in another plan that provides minimal essential coverage with the new coverage;
				  provided that the new coverage is effective no later than the first day of the
				  second month following the month in which the date the original coverage was
				  canceled;
(K) Enrollment
				  in a qualified health plan that meets the following conditions:
(i) The employee is eligible for a special
				  enrollment period to enroll in a qualified health plan through a health
				  insurance exchange pursuant to guidance issued by the federal Department of
				  Health and Human Services and any other applicable guidance, or the employee
				  seeks to enroll in a qualified health plan through a health insurance exchange
				  during the health insurance exchange's annual open enrollment period;
				  and
(ii) Upon cancellation of the
				  election of coverage under the component plan, the employee attests to the plan
				  in writing that the employee and any related individuals who are no longer
				  covered because of the cancellation have enrolled or intend to enroll in a
				  qualified health plan through a health insurance exchange for new coverage that
				  is effective beginning no later than the day immediately following the last day
				  the original coverage is canceled; or
(L) Commencement of or return from a leave of
				  absence provided through the Family and Medical Leave Act; and