PART I. GENERAL PROVISIONS

 

§87A-1  Definitions.  As used in thischapter:

"Board" means the board of trusteesof the Hawaii employer-union health benefits trust fund described in section87A-5.

"Carrier" means a voluntaryassociation, corporation, partnership, or organization engaged in providing,paying for, arranging for, or reimbursing the cost of, health benefits orlong-term care benefits under group insurance contracts.

"Contribution" means money paymentsmade to the fund by the State, the counties, an employee-beneficiary, or aqualified-beneficiary.

"County" means the counties ofHawaii, Honolulu, Kauai, and Maui, including their respective boards of watersupply and other quasi-independent boards, commissions, and agencies.

"Dependent-beneficiary" means anemployee-beneficiary's:

(1)  Spouse;

(2)  Unmarried child deemed eligible by the board,including a legally adopted child, stepchild, foster child, or recognizednatural child who lives with the employee-beneficiary; and

(3)  Unmarried child regardless of age who isincapable of self-support because of a mental or physical incapacity, whichexisted prior to the unmarried child's reaching the age of nineteen years.

"Employee" means an employee orofficer of the State, county, or legislature,

(1)  Including:

(A)  An elective officer;

(B)  A per diem employee;

(C)  An officer or employee under an authorizedleave of absence;

(D)  An employee of the Hawaii national guardalthough paid from federal funds;

(E)  A retired member of the employees'retirement system; the county pension system; or the police, firefighters, orbandsmen pension system of the State or county;

(F)  A salaried and full-time member of aboard, commission, or agency appointed by the governor or the mayor of acounty; and

(G)  A person employed by contract for a periodnot exceeding one year, where the director of human resources development,personnel services, or civil service has certified that the service isessential or needed in the public interest and that, because of circumstancessurrounding its fulfillment, personnel to perform the service cannot beobtained through normal civil service recruitment procedures,

(2)  But excluding:

(A)  A designated beneficiary of a retiredmember of the employees' retirement system; the county pension system; or thepolice, firefighters, or bandsmen pension system of the State or county;

(B)  Except as allowed under paragraph (1)(G),a person employed temporarily on a fee or contract basis; and

(C)  A part-time, temporary, and seasonal orcasual employee.

"Employee-beneficiary" means:

(1)  An employee;

(2)  The beneficiary of an employee who is killed inthe performance of the employee's duty;

(3)  An employee who retired prior to 1961;

(4)  The beneficiary of a retired member of theemployees' retirement system; a county pension system; or a police,firefighters, or bandsmen pension system of the State or a county, upon thedeath of the retired member;

(5)  The surviving child of a deceased retiredemployee, if the child is unmarried and under the age of nineteen; or

(6)  The surviving spouse of a deceased retiredemployee, if the surviving spouse does not subsequently remarry;

provided that the employee, the employee'sbeneficiary, or the  beneficiary of the deceased retired employee is deemedeligible by the board to participate in a health benefits plan or long-termcare benefits plan under this chapter.

"Fund" means the Hawaiiemployer-union health benefits trust fund established in section 87A-30.

"Health benefits plan" means:

(1)  A group insurance contract or service agreementthat may include medical, hospital, surgical, prescribed drugs, vision, anddental services, in which a carrier agrees to provide, pay for, arrange for, orreimburse the cost of the services as determined by the board; or

(2)  A similar schedule of benefits established by theboard and provided through the fund on a self-insured basis.

"Long-term care benefits plan" means:

(1)  A group insurance contract or service agreementin which a carrier agrees to provide, pay for, arrange for, or reimburse thecost of long-term care benefits as determined by the board; or

(2)  A similar schedule of benefits established by theboard and provided through the fund on a self-insured basis.

"Part-time, temporary, and seasonal orcasual employee" means a person employed for fewer than three months andwhose employment is less than one-half of a full-time equivalent position.

"Periodic charge" means the periodicpayment by the board to a carrier for any health benefits plan or long-termcare benefits plan.

"Qualified-beneficiary" means, forpurposes of the long-term care benefits plan, a former employee or an employeewho is not eligible for benefits due to a reduction in work hours, includingthe spouse, divorced spouse, parents, grandparents, in-law parents, and in-lawgrandparents of an employee or retiree; provided that the beneficiary wasenrolled in the plan before the employee or former employee became ineligiblefor benefits.

"State agency" includes the office ofHawaiian affairs.

"Trustee" means a trustee of theboard of trustees of the Hawaii employer-union health benefits trust fund, asdescribed in section 87A-5. [L 2001, c 88, pt of §1; am L 2003, c 152, §1]