Public employees; collective bargaining
Delays the transfer of civil service employees from the Public Employees Health Fund to the Hawaii Employer-Union Health Benefits Trust Fund from July 1, 2003 to July 1, 2004. Also, delays the implementation of statutorily set and automatically-computed amounts for employer contributions to the Hawaii Employer-Union Health Benefits Trust Fund. (HB391 HD1)
HOUSE OF REPRESENTATIVES
TWENTY-SECOND LEGISLATURE, 2003
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO COLLECTIVE BARGAINING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 87A-33, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Effective July 1, [
2003,] 2001, 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) $218 for each employee-beneficiary enrolled in supplemental medicare self plans;
(2) $671 for each employee-beneficiary enrolled in supplemental medicare family plans;
(3) $342 for each employee-beneficiary enrolled in non-medicare self plans; and
(4) $928 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 benefits plan or plans. If both husband and wife are employee-beneficiaries, 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.
(c) The base composite monthly contribution shall be adjusted annually beginning July 1, [
2004.] 2002. The adjusted base composite monthly contribution for each new plan year (July 1st until June 30th) 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, which 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] at the beginning 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 1st or on the business day closest to November 1st 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."
SECTION 2. Act 88, Session Laws of Hawaii 2001, is amended as follows:
1. By amending sections 4 and 5 to read:
"SECTION 4. Effective July 1, [
2003,] 2004, all positions and employees of the Hawaii public employees health fund who are subject to chapters 76, Hawaii Revised Statutes, shall be transferred to the Hawaii employer-union health benefits trust fund. All officers and employees whose functions are transferred by this Act shall be transferred with their functions and shall continue to perform their regular duties upon their transfer, subject to the state personnel laws and this Act.
All civil service positions and incumbents of the Hawaii public employees health fund transferred by this Act shall remain in the civil service and subject to chapters 76 and 77, Hawaii Revised Statutes; provided that in the event the civil service administrator position becomes vacant prior to July 1, [
2003,] 2004, its successor shall be appointed pursuant to section 87-28 as amended in section 2 of this Act. When such positions are vacated on or after July 1, [ 2003,] 2004, the positions shall be exempt from civil service and prospective appointments shall be made pursuant to section 1 of this Act.
No officer or employee of the State having tenure shall suffer any loss of salary, seniority, prior service credit, vacation, sick leave, or other employment benefit or privilege as a consequence of this Act, and such officer or employee may be transferred or appointed to a civil service position without the necessity of examination; provided that the officer or employee possesses the minimum qualifications for the position to which transferred or appointed; and provided that subsequent changes in status may be made pursuant to the applicable civil service and compensation laws.
In the event that an office or position held by an officer or employee having tenure is abolished, the officer or employee shall not thereby be separated from public employment, but shall remain in the employment of the State with the same pay and classification and shall be transferred to some other office or position for which the officer or employee is eligible under the personnel laws of the State as determined by the head of the department or the governor.
SECTION 5. All appropriations, assets, including funds to be refunded to employees and any funds in benefit plans and cafeteria plans, records, equipment, machines, computer software and hardware, files, supplies, contracts, books, papers, documents, maps, and other personal property heretofore made, used, acquired, or held by the Hawaii public employees health fund shall be transferred to the Hawaii employer-union health benefits trust fund, effective July 1, [
2. By amending subsection (b) of section 6 to read:
"(b) Upon appointment, the board of trustees of the Hawaii employer-union health benefits trust fund may develop and issue rules, policies, and procedures and contract for health benefit plans and group life insurance benefits plans, which shall become effective on July 1, [
2003.] 2004. The board of trustees and administrator of the Hawaii public employees health fund shall give necessary assistance to the board of trustees of the Hawaii employer-union health benefits trust fund during the transition."
3. By amending section 7 to read:
"SECTION 7. Notwithstanding chapter 103D, Hawaii Revised Statutes, the board of trustees of the Hawaii public employees health fund under chapter 87, Hawaii Revised Statutes, may extend current health benefits and life insurance plan contracts through June 30, [
4. By amending section 10 to read:
"SECTION 10. This Act shall take effect on July 1, 2001; provided that:
(1) Section 3 shall take effect on July 1, [
2003;] 2004; and
(2) All rules governing the Hawaii public employees health fund under chapter 87, Hawaii Revised Statutes, if not contrary to this Act, shall remain in effect until such time that the Hawaii employer-union health benefits trust fund adopts new rules."
SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2002-2003 for the purpose of funding the unanticipated and unbudgeted increase in Hawaii public employees health fund payments that will result for fiscal year 2002-2003.
The sum appropriated shall be expended by the Hawaii public employees health fund for the purposes of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.