Report Title:

Public Employees; Health Benefits

 

Description:

Terminates public employees' health benefits upon conviction of a felony relating to the employees' duties.

 


THE SENATE

S.B. NO.

1088

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PUBLIC EMPLOYEES' HEALTH BENEFITS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 78-2.8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§78-2.8[]]  Public employees; termination.  (a)  If a public employee or an elected official is convicted of a felony for conduct related to the public employee's duties, the public employee or elected official shall be terminated from the public employee's position[.] and shall forfeit benefits under chapters 87A and 87D.

     (b)  If the felony conviction that results in the termination of a public employee pursuant to subsection (a) is overturned on appeal, the public employee shall [receive]:

     (1)  Receive back pay and be returned to the position the public employee held prior to conviction, or an equivalent position if the public employee's position was filled; provided that the employee is not terminated from the employee's position in accordance with any other provision of law[.]; and

     (2)  Be reinstated to receive health benefits under chapter 87A or 87D, as applicable. 

     (c)  For purposes of this section:

     (1)  "Public employee" means any public employee of the State or any county, and the political subdivisions and agencies thereof, any employees under contract with the State or county, any civil service employees, and any probationary or provisional employees of the State or county;

     (2)  Employees covered by chapter 89 shall be entitled to a grievance procedure culminating in a final and binding decision; and

     (3)  A rebuttable presumption shall arise that the criminal conviction is just and proper cause for the employee's termination[.] of the employee's position and health benefits."

     SECTION 2.  Section 87A-21, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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[.] and section 78-2.8."

     SECTION 3.  Section 87D-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The summary plan description shall contain the following information:

     (1)  The name and type of administration of the plan;

     (2)  In the case of a group health plan, whether a health insurance issuer is responsible for the financing or administration (including payment of claims) of the plan and if so, the name and address of such issuer;

     (3)  The name and address of the person designated as agent for the service of legal process, if such person is not the administrator;

     (4)  The name and address of the administrator;

     (5)  The names, titles, and addresses of any trustee or trustees;

     (6)  A description of the relevant provisions of any applicable collective bargaining agreement;

     (7)  The plan's requirements respecting eligibility for participation and benefits[;], subject to section 78-2.8;

     (8)  Circumstances that may result in disqualification, ineligibility, or denial or loss of benefits;

     (9)  The source of financing of the plan and the identity of any organization through which benefits are provided;

    (10)  The date of the end of the plan year and whether records of the plan are kept on a calendar, policy, or fiscal year basis; and

    (11)  The procedures to be followed in presenting claims for benefits under the plan and the remedies available under the plan procedures.

     The summary plan description shall contain any other information required under Title 29 United States Code sections 1001-1191, as amended, and related regulations."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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