Bill Text: HI HB979 | 2020 | Regular Session | Amended
Bill Title: Relating To The Hawaii Employer-union Health Benefits Trust Fund Compliance With Federal And State Laws.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2019-12-01 - Carried over to 2020 Regular Session. [HB979 Detail]
Download: Hawaii-2020-HB979-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
979 |
THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND COMPLIANCE WITH FEDERAL AND STATE LAWS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that the
definition of "dependent-beneficiary" in section 87A-1, Hawaii
Revised Statutes, should be amended to be consistent with the federal Patient
Protection and Affordable Care Act of 2010, which prohibits restricting health
insurance coverage to only unmarried dependents and dependents who live with
the employee-beneficiary, and denying health insurance coverage to married
dependents and dependents who do not live with the employee-beneficiary. The legislature further finds that chapter
87A, Hawaii Revised Statutes, should be amended to be consistent with chapter
572B, Hawaii Revised Statutes, regarding civil unions.
The
purposes of this Act are to:
(1) Bring the definition of "dependent-beneficiary"
into conformance with the federal Patient Protection and Affordable Care Act of
2010; and
(2) Bring references to marriages into conformance
with chapter 572B, Hawaii Revised Statutes.
SECTION
2. Section 87A-1, Hawaii Revised Statutes,
is amended by amending the definition of "dependent-beneficiary" to
read as follows:
""Dependent-beneficiary" means an
employee-beneficiary's:
(1) Spouse;
(2) [Unmarried child] Child deemed
eligible by the board, including a legally adopted child, stepchild, foster
child, or recognized natural child [who lives with the employee-beneficiary];
and
(3) Unmarried child regardless of age who is
incapable of self-support because of a mental or physical incapacity, which
existed prior to the unmarried child's reaching the age of nineteen
years."
SECTION
3. Section 87A-32, Hawaii Revised
Statutes, is amended by amending subsection (a) to read as follows:
"(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 [both husband and wife are] 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."
SECTION
4. Section 87A-33, Hawaii Revised
Statutes, is amended by amending subsection (b) to read as follows:
"(b) Effective January 1, 2014, there is
established a base monthly contribution for health benefit plans that the
State, through the department of budget and finance, and the counties, through
their respective departments of finance, shall pay to the fund, up to the
following:
(1) $524.73 for each employee-beneficiary enrolled
in supplemental medicare self plans;
(2) $1,051.70 for each employee-beneficiary
enrolled in supplemental medicare two-party plans;
(3) $1,531.78 for each employee-beneficiary
enrolled in supplemental medicare family plans;
(4) $736.60 for each employee-beneficiary enrolled
in non-medicare self plans;
(5) $1,484.72 for each employee-beneficiary
enrolled in non-medicare two-party plans; and
(6) $2,173.06 for each employee-beneficiary
enrolled in non-medicare family plans.
The
monthly contribution by the State or county shall not exceed the actual cost of
the health benefit plan or plans and shall not be required to cover increased
benefits above those initially contracted for by the fund for plan year
2004-2005. If [both husband and wife
are] 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."
SECTION
5. Section 87A-34, Hawaii Revised Statutes,
is amended by amending subsection (b) to read as follows:
"(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 [both husband and wife are] 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."
SECTION
6. Section
87A-35, Hawaii Revised Statutes, is amended by amending subsection (c) to read
as follows:
"(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 [both husband and
wife are] 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."
SECTION
7. Section
87A-36, Hawaii Revised Statutes, is amended by amending subsection (c) to read
as follows:
"(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
[both husband and wife are] 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."
SECTION
8. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION
9. This Act shall take effect on January
1, 2050.
Report Title:
Hawaii Employer-Union Health Benefits Trust Fund
Description:
Amends the definition of "dependent-beneficiary" under the Hawaii Employer-Union Health Benefits Trust Fund to conform with the federal Patient Protection and Affordable Care Act of 2010. Brings references to marriages under the EUTF into conformance with the state Civil Unions Law. (HB979 HD1)
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not legislation or evidence of legislative intent.