Bill Text: HI HB167 | 2012 | Regular Session | Introduced
Bill Title: Hawaii Employer-Union Health Benefits Trust Fund; Reorganization
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-12-01 - Carried over to 2012 Regular Session. [HB167 Detail]
Download: Hawaii-2012-HB167-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
167 |
TWENTY-SIXTH LEGISLATURE, 2011 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
||
|
A BILL FOR AN ACT
RELATING TO THE HAWAII EMPLOYER-UNION HEALTH BENEFITS TRUST FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to change the manner in which health care and other benefits are provided to public employees who are subject to collective bargaining, by establishing health benefits trust funds for each bargaining unit. It is the legislature's intent that public officials, employees excluded from collective bargaining, and retirees continue to be covered by the Hawaii employer-union health benefits trust fund, but that the fund be renamed the Hawaii public employee health benefits trust fund.
SECTION 2. Chapter 87A, Hawaii Revised Statutes, is amended by adding four new parts to be appropriately designated and to read as follows:
"Part . BARGAINING UNIT HEALTH BENEFITS TRUST FUNDS
§87A-A Definitions. For the purposes of this part:
"Fund" means a bargaining unit health benefits trust fund.
§87A-B Bargaining unit health benefits trust funds; establishment. (a) There is established outside the state treasury, trust funds to be known as follows:
(1) The "bargaining unit (1) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (1);
(2) The "bargaining unit (2) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (2);
(3) The "bargaining unit (3) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (3);
(4) The "bargaining unit (4) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (4);
(5) The "bargaining unit (5) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (5);
(6) The "bargaining unit (6) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (6);
(7) The "bargaining unit (7) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (7);
(8) The "bargaining unit (8) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (8);
(9) The "bargaining unit (9) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (9);
(10) The "bargaining unit (10) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (10);
(11) The "bargaining unit (11) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (11);
(12) The "bargaining unit (12) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (12); and
(13) The "bargaining unit (13) health benefits trust fund", for employee-beneficiaries and dependent-beneficiaries of bargaining unit (13).
(b) Each fund shall consist of contributions, interest, income, dividends, refunds, rate credits, and other returns. It is hereby declared that any and all sums contributed or paid from any source to the funds created by this part, and all assets of the funds including any and all interest and earnings on the same, are and shall be held in trust by the respective board of trustees of each bargaining unit health benefits trust fund for the exclusive use and benefit of the employee-beneficiaries and dependent-beneficiaries of the respective fund, and shall not be subject to appropriation for any other purpose whatsoever. Each fund shall be under the control of the respective board and placed under the department of budget and finance for administrative purposes.
(c) Two or more funds may work jointly to accomplish the purpose of the funds, as set forth in section 87A-C.
§87A-C Bargaining unit health benefits trust funds; purpose. (a) Each fund shall be used to provide the fund's employee-beneficiaries and dependent-beneficiaries with health and other benefit plans, and to pay administrative and other expenses of the fund. All assets of each fund are and shall be dedicated to providing health and other benefit plans to the employee-beneficiaries and dependent-beneficiaries in accordance with the terms of those plans and to pay administrative and other expenses of the fund, and shall be used for no other purposes except those set forth in this section.
(b) Each fund, including any of the fund's earnings on investments, and rate credits or reimbursements from any carrier or self-insured plan and any earning or interest derived therefrom, may be used to stabilize health and other benefit plan rates.
(c) Each fund may be used to provide group life insurance benefits to its respective employees.
(d) Each fund may be used to provide long-term care benefits to its respective employees.
(e) At the discretion of each fund's respective board, some or all of each fund may be used as a reserve against or to pay the fund's future costs of providing health and other benefits plans.
§87A-D Employer contributions to bargaining unit health benefits trust funds irrevocable. Notwithstanding any law to the contrary, the contributions that the State and counties make to the bargaining unit health benefits trust funds shall be irrevocable; provided that this shall not preclude the funds from returning contributions or payments made by the State or any county under a mistake of fact within one year after the payment of contributions or payments.
§87A-E State and county contributions to the bargaining unit health benefits trust funds; active employees. The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the funds contributions equal to the amount and on the dates specified in the applicable public sector collective bargaining agreements, which shall be used toward the payment of costs of health and other benefit plans; provided that the contributions shall be a specified dollar amount.
§87A-F State and county contributions to bargaining unit health benefits trust funds not considered wages or salary. Contributions made by the State or the counties under this part shall not be considered wages or salary of an employee-beneficiary. No employee-beneficiary shall have any vested right in or be entitled to receive any part of any contribution made to the fund.
§87A-G Reimbursement for state contributions to bargaining unit health benefits trust funds. (a) All state agencies having control of funds other than the general fund shall reimburse the State for contributions made by the State pursuant to section 87A-E on account of agency employees whose compensation is paid in whole or part from funds other than the general fund.
(b) All state and county agencies receiving federal funds, which may be expended for the purpose of replacing the contributions payable by the State to the fund, shall set aside a portion of the federal funds sufficient to reimburse the State for contributions made by the State pursuant to section 87A-E on account of the employees in the agencies whose compensation is paid in whole or part from federal funds.
§87A-H Employee-beneficiary contributions to bargaining unit health benefits trust funds; health benefits plans. (a) If required by the applicable collective bargaining agreement, each employee-beneficiary shall make a contribution to the fund to cover the difference between the amount charged for the health benefits plans elected by the employee-beneficiary and the amount covered by the fund.
(b) If allowed by law and permitted by the applicable collective bargaining agreement, the employee-beneficiary may allow the employee-beneficiary's contribution to be withheld and transmitted to the fund by the comptroller or finance officer who disburses the employee-beneficiary's compensation. The contribution shall be withheld and transmitted to the fund at the times specified in the collective bargaining agreement.
§87A-I Employee-beneficiary or qualified-beneficiary contributions; long-term care benefits plan. During the period the long-term care benefits plan is in effect, the employee-beneficiary, if allowed by law and permitted by the collective bargaining agreement, may authorize the employee-beneficiary's contribution to be withheld and transmitted to the respective fund by the comptroller or finance officer who disburses the employee-beneficiary's compensation. The contribution shall be withheld and transmitted to the fund at the times specified in the collective bargaining agreement.
§87A-J Eligibility. Each board shall establish eligibility criteria to determine who may qualify as an employee-beneficiary, dependent-beneficiary, or qualified-beneficiary under its respective fund, consistent with the provisions of this chapter; provided that a retired employee shall not qualify as an employee-beneficiary or qualified-beneficiary.
§87A-K Annual financial audit. (a) Each fund shall be subject to an annual financial audit by an independent auditor. Each fund shall be responsible for the cost of its audit.
(b) The results of the annual audits of each fund shall be public records and shall be submitted to the relevant employers, the relevant exclusive representatives, and the legislature not later than six months after the end of the applicable fiscal year.
(c) The unaudited accounts of the bargaining units' use of the amounts specified in the applicable collective bargaining agreements shall be public records.
(d) The attorney general is authorized to investigate any discrepancies noted in any audit conducted pursuant to subsection (a) or discovered on the attorney general's own initiative. The attorney general may take corrective action, including filing criminal charges, if necessary.
(e) Any surplus or deficit at the end of a fiscal year, which results from the provision of health and other benefit plans, shall be included in the unaudited accounts of the respective fund.
PART . COMPOSITION OF THE BOARDS OF TRUSTEES
§87A-L Composition of the board of trustees of the Hawaii public employee health benefits trust fund. (a) The board of trustees of the Hawaii public employee health benefits trust fund shall consist of seven trustees, appointed as follows:
(1) Three trustees shall be appointed by the governor;
(2) Two trustees shall be appointed by the president of the senate; and
(3) Two trustees shall be appointed by the speaker of the house of representatives.
(b) Section 26-34 shall not apply to board member selection and terms.
§87A-M Composition of the boards of trustees of the bargaining unit health benefits trust funds. (a) Each board of trustees of a bargaining unit health benefits trust fund shall consist of seven trustees appointed by the governor from a list of nominees submitted by the exclusive representative organization. The list submitted by the exclusive representative organization shall contain at least two nominees for each available position.
(b) Section 26-34 shall not apply to board member selection and terms.
(c) As used in this section, the term "exclusive representative" shall have the same meaning as in section 89-2.
PART . ADDITIONAL POWERS AND DUTIES OF THE BOARD OF THE HAWAII PUBLIC EMPLOYEE HEALTH BENEFITS TRUST FUND
§87A-N Definitions. For purposes of this part:
"Board" means the board of trustees of the Hawaii public employee health benefits trust fund.
"Fund" means the Hawaii public employee health benefits trust fund.
§87A-O Plans for part-time, temporary, and seasonal or casual employees. (a) The board may offer medical, hospital, or surgical benefits plans to part-time, temporary, and seasonal or casual employees at no cost to the employers. The board may determine eligibility for part-time, temporary, and seasonal or casual employees by rules exempt from chapter 91 as provided in section 87A-26.
(b) The board shall establish the medical, hospital, or surgical benefits plan or plans, which shall be exempt from the minimum group requirements of article 10A of chapter 431. The medical, hospital, or surgical benefits plan or plans shall provide, pay for, arrange for, or reimburse the cost of medical, hospital, or surgical services, and may include prescribed hospital in-patient and out-patient service and medical benefits.
(c) The board may contract for the medical, hospital, or surgical benefits plan or plans. Each part-time, temporary, and seasonal or casual employee enrolled for medical, hospital, or surgical benefits shall pay monthly contributions directly to the fund's designated carriers. The monthly contributions may include the carrier's administrative costs.
§87A-P Health benefits plan supplemental to medicare. The board shall establish a health benefits plan, which takes into account benefits available to an employee-beneficiary and spouse under medicare, subject to the following conditions:
(1) There shall be no duplication of benefits payable under medicare. The plan under this section, which shall be secondary to medicare, when combined with medicare and any other plan to which the health benefits plan is subordinate under the National Association of Insurance Commissioners' coordination of benefit rules, shall provide benefits that approximate those provided to a similarly situated beneficiary not eligible for medicare;
(2) The State, through the department of budget and finance, and the counties, through their respective departments of finance, shall pay to the fund a contribution equal to an amount not less than the medicare part B premium, for each of the following who are enrolled in the medicare part B medical insurance plan:
(A) An employee-beneficiary who is a retired employee;
(B) An employee-beneficiary's spouse while the employee-beneficiary is living; and
(C) An employee-beneficiary's spouse, after the death of the employee-beneficiary, if the spouse qualifies as an employee-beneficiary.
For purposes of this section, a "retired employee" means retired members of the employees' retirement system; county pension system; or a police, firefighters, or bandsmen pension system of the State or a county as set forth in chapter 88. If the amount reimbursed by the fund under this section is less than the actual cost of the medicare part B medical insurance plan due to an increase in the medicare part B medical insurance plan rate, the fund shall reimburse each employee-beneficiary and employee-beneficiary's spouse for the cost increase within thirty days of the rate change. Each employee-beneficiary and employee-beneficiary's spouse who becomes entitled to reimbursement from the fund for medicare part B premiums after July 1, 2006, shall designate a financial institution account into which the fund shall be authorized to deposit reimbursements. This method of payment may be waived by the fund if another method is determined to be more appropriate;
(3) All employee-beneficiaries or dependent-beneficiaries who are eligible to enroll in the medicare part B medical insurance plan shall enroll in that plan as a condition of receiving contributions and participating in benefits plans under this chapter. This paragraph shall apply to retired employees, their spouses, and the surviving spouses of deceased retirees and employees killed in the performance of duty; and
(4) The board shall determine which of the employee-beneficiaries and dependent-beneficiaries, who are not enrolled in the medicare part B medical insurance plan, may participate in the plans offered by the fund.
PART . FIDUCIARY DUTIES
§87A-Q Definition. For purposes of this part, a fiduciary shall mean the trustees appointed under section 87A-L and 87A-M.
§87A-R Fiduciaries of the funds. The members of the board of the Hawaii public employee health benefits trust fund and the members of the boards of the bargaining unit health benefits trust funds are fiduciaries of the respective funds.
§87A-S Fiduciary duties; prohibited transactions. A fiduciary shall comply, with respect to the fund, with all fiduciary duties imposed on fiduciaries under Title 29 United States Code Sections 1101-1191c, as amended, and related regulations.
§87A-T Liability for breach of fiduciary duty. (a) Any person who is a fiduciary of the fund and who breaches any of the responsibilities, obligations, or duties imposed on fiduciaries under section 87A-S shall be personally liable to reimburse any losses to the fund resulting from each breach and to restore to the fund any profits of the fiduciary that have been made through the use of assets of the fund by the fiduciary, and may be subject to any other equitable and remedial relief as the court may deem appropriate, including removal of the fiduciary; provided that the liability created by this section is only to the fund and not to individual participants or beneficiaries of the fund and does not apply to the design, amendment, or termination of health or other benefit plans established by the board.
(b) No attorneys' fees or costs incurred in bringing a claim arising under this section, including under a private attorney general doctrine, may be recovered from the fund, the State, or any county.
(c) Any provision in any agreement or instrument that purports to relieve a fiduciary of responsibility or liability for any responsibility, obligation, or duty under section 87A-S shall be void as against public policy. However, nothing in this section shall preclude:
(1) A fiduciary from claiming immunity under section 26-35.5(b);
(2) The fund from purchasing insurance for its fiduciaries or for itself to cover liability or losses occurring by reason of the act or omission of a fiduciary in the case of a breach of a fiduciary obligation by the fiduciary, if the insurance permits recourse by the insurer against the fiduciary in the case of a breach of fiduciary obligation by the fiduciary; or
(3) A fiduciary from purchasing insurance to cover the fiduciary's own liability for breach of fiduciary duty.
(d) If the fund purchases insurance for its fiduciaries or itself:
(1) The fund's and the fiduciaries' liability for any money damages, losses, costs, and expenses caused by any fiduciary breaches of the responsibilities, obligations, or duties imposed under section 87A-S shall be strictly limited to the extent of the insurance unless the fund or fiduciaries' breach is intentional, wilful, or criminal; and
(2) The amount of insurance purchased shall be reasonable and sufficient to cover the potential liability of the fund or its fiduciaries.
(e) In no event shall the State or any county be liable for any money damages, losses, costs or expenses caused by a fiduciary's breach of any of the responsibilities, obligations, or duties imposed on fiduciaries under section 87A-S. Neither the State nor any county shall be obligated to defend or indemnify any fiduciary against a claim arising under this section."
SECTION 3. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§87A‑ Definitions. As used in this part:
"Board" means the board of trustees of the Hawaii public employee health benefits trust fund and the boards of trustees of the bargaining unit health benefits trust funds.
"Fund" means the Hawaii public employee health benefits trust fund and the bargaining unit health benefits trust funds.
"Trustee" means a trustee of the board of trustees of the Hawaii public employee health benefits trust fund and a trustee of a board of trustees of a bargaining unit health benefits trust fund."
SECTION 4. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:
"§87A‑ Definitions. As used in this part:
"Board" means the board of trustees of the Hawaii public employee health benefits trust fund and the boards of trustees of the bargaining unit health benefits trust funds.
"Fund" means the Hawaii public employee health benefits trust fund and the bargaining unit health benefits trust funds."
SECTION 5. Chapter 87A, Hawaii Revised Statutes, is amended by adding three new sections to part IV to be appropriately designated and to read as follows:
"§87A‑ Definitions. For the purposes of this part:
"Fund" means the Hawaii public employee health benefits trust fund.
§87A‑ Fund staff. (a) Managerial employees employed by the fund shall be exempt from chapter 76. The fund may employ, subject to chapter 76, other employees necessary for the efficient functioning of the fund.
(b) Subsection (a) shall apply to the managerial and other employees of the fund; provided that:
(1) No employee employed prior to the effective date of Act , Session Laws of Hawaii 2011, by the fund shall be affected by this subsection; and
(2) Upon becoming vacant, any non-managerial position filled on or after the effective date of Act , Session Laws of Hawaii 2011, by the fund shall be filled pursuant to chapter 76.
§87A‑ Eligibility. (a) The board shall establish eligibility criteria to determine who may qualify as an employee-beneficiary, dependent-beneficiary, or qualified-beneficiary, consistent with this chapter; provided that the employee-beneficiary or qualified-beneficiary is or was employed by an appropriate authority and is not included in an appropriate bargaining unit under section 89-6.
(b) A retired member of the employees' retirement system; a county pension system; or a police, firefighters, and bandsmen pension system of the State or county, shall be eligible to qualify as an employee-beneficiary:
(1) Regardless of whether the retired member was actively employed by the State or county at the time of the retired employee's retirement; and
(2) Without regard to the date of the retired member's retirement.
(c) A dependent of a retired member shall be eligible to qualify as an employee-beneficiary or dependent-beneficiary:
(1) Regardless of whether the retired member was actively employed by the State or county at the time of the retired employee's retirement; and
(2) Without regard to the date of the retired member's retirement."
SECTION 6. Section 28-8.3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No department of the State other than the attorney general may employ or retain any attorney, by contract or otherwise, for the purpose of representing the State or the department in any litigation, rendering legal counsel to the department, or drafting legal documents for the department; provided that the foregoing provision shall not apply to the employment or retention of attorneys:
(1) By the public utilities commission, the labor and industrial relations appeals board, and the Hawaii labor relations board;
(2) By any court or judicial or legislative office of the State; provided that if the attorney general is requested to provide representation to a court or judicial office by the chief justice or the chief justice's designee, or to a legislative office by the speaker of the house of representatives and the president of the senate jointly, and the attorney general declines to provide such representation on the grounds of conflict of interest, the attorney general shall retain an attorney for the court, judicial, or legislative office, subject to approval by the court, judicial, or legislative office;
(3) By the legislative reference bureau;
(4) By any compilation commission that may be constituted from time to time;
(5) By the real estate commission for any action involving the real estate recovery fund;
(6) By the contractors license board for any action involving the contractors recovery fund;
(7) By the trustees for any action involving the travel agency recovery fund;
(8) By the office of Hawaiian affairs;
(9) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485A;
(10) As grand jury counsel;
(11) By the Hawaiian home lands trust individual claims review panel;
(12) By the Hawaii health systems corporation, or its regional system boards, or any of their facilities;
(13) By the auditor;
(14) By the office of ombudsman;
(15) By the insurance division;
(16) By the University of Hawaii;
(17) By the Kahoolawe island reserve commission;
(18) By the division of consumer advocacy;
(19) By the office of elections;
(20) By the campaign spending commission;
(21) By the Hawaii tourism authority, as provided in section 201B-2.5;
(22) By the division of
financial institutions for any action involving the mortgage loan recovery
fund; [or]
(23) By the Hawaii public employee health benefits trust fund and the bargaining unit health benefits trust funds, as provided in section 87A-9; or
[(23)] (24) By
a department, in the event the attorney general, for reasons deemed by the
attorney general to be good and sufficient, declines to employ or retain an
attorney for a department; provided that the governor thereupon waives the
provision of this section."
SECTION 7. Chapter 87A, Hawaii Revised Statutes, is amended by amending its title to read as follows:
"[HAWAII
EMPLOYER-UNION] HEALTH BENEFITS TRUST [FUND] FUNDS"
SECTION 8. Section 87A-1, Hawaii Revised Statutes, is amended by adding two new definitions to be appropriately inserted and to read as follows:
""Bargaining unit health benefits trust fund" means a health benefits trust fund described in section 87A-A.
"Hawaii public employee health benefits trust fund" means the health benefits trust fund described in section 87A-30."
SECTION 9. Section 87A-1, Hawaii Revised Statutes, is amended by amending the definitions of "contribution", "health benefits plan", "long-term care benefits plan", and "periodic charge" to read as follows:
""Contribution" means money
payments made to any of the [fund] funds established by
sections 87A-30 or 87A-B by the State, the counties, an
employee-beneficiary, or a qualified-beneficiary.
"Health benefits plan" means:
(1) A group insurance contract or service agreement that may include medical, hospital, surgical, prescribed drugs, vision, and dental services, in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of the services as determined by the respective board; or
(2) A similar schedule of benefits established by the respective board and provided through the fund on a self-insured basis.
"Long-term care benefits plan" means:
(1) A group insurance contract or service agreement in which a carrier agrees to provide, pay for, arrange for, or reimburse the cost of long-term care benefits as determined by the respective board; or
(2) A similar schedule of benefits established by the respective board and provided through the fund on a self-insured basis.
"Periodic charge" means the periodic payment by the respective board to a carrier for any health benefits plan or long-term care benefits plan."
SECTION 10. Section 87A-1, Hawaii Revised Statutes, is amended by deleting the definitions of "board", "fund", and "trustee".
[""Board" means the board of
trustees of the Hawaii employer-union health benefits trust fund described in
section 87A-5.
"Fund" means the Hawaii
employer-union health benefits trust fund established in section 87A-30.
"Trustee" means a trustee of the
board of trustees of the Hawaii employer-union health benefits trust fund, as
described in section 87A-5."]
SECTION 11. Chapter 87A, Hawaii Revised Statutes, is amended by amending the title to part II to read as follows:
"Part II. [Board] boards of
Trustees"
SECTION 12. Section 87A-6, Hawaii Revised Statutes, is amended to read as follows:
"§87A-6 Term of a trustee; vacancy. The term of office of each trustee shall be four years; provided that a trustee may be reappointed for one additional consecutive four-year term.
A vacancy on the board shall be filled in the
same manner as the trustee who vacated that position was nominated or
appointed; provided that the criteria used for nominating or appointing the
successor shall be the same criteria used for nominating or appointing the
person's predecessor[; provided further that vacancies on the board for each
trustee position representing retirees and employee-beneficiaries appointed
under section 87A-5(1)(A) and (B) shall be filled by appointment of the
governor as follows:
(1) If a vacancy occurs in one of the
trustee positions described in section 87A-5(1)(A), then the vacancy shall be
appointed from a list of two nominees submitted by the exclusive employee
representative from among the three largest exclusive employee representatives
that does not have a trustee among the three trustee positions;
(2) If a vacancy occurs in a trustee
position described in section 87A-5(1)(B), then the vacancy shall be appointed
from a list of two nominees submitted by mutual agreement of the exclusive
employee representatives described in section 87A-5(1)(B); and
(3) If a vacancy occurs in the retiree
position described in section 87A-5(1)(C), then the vacancy shall be appointed
from a list of two nominees submitted by mutual agreement of all eligible
exclusive employee representatives].
If by the end of a trustee's term the trustee is not reappointed or the trustee's successor is not appointed, the trustee shall serve until the trustee's successor is appointed."
SECTION 13. Section 87A-7, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-7[]] Chair,
vice-chair, and secretary-treasurer. The trustees of each board
shall elect from among the members of the respective board a chair, a
vice-chair, and a secretary-treasurer."
SECTION 14. Section 87A-8, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-8[]]
Compensation and expenses. Each trustee shall serve without compensation,
but the trustees may be reimbursed from the respective fund for any
reasonable expenses incurred in carrying out the purposes of the [fund.] respective
funds."
SECTION 15. Section 87A-9, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-9[]] Legal
adviser. (a) The attorney general shall serve as legal adviser to
the board of the Hawaii public employee health benefits trust fund and
shall provide legal representation for the Hawaii [employer-union] public
employee health benefits trust fund.
(b) The attorney general shall serve as legal adviser to each of the boards of the bargaining unit health benefits trust funds and shall provide legal representation for the bargaining unit health benefits trust funds; provided that the board has not retained private counsel pursuant to section 28-8.3."
SECTION 16. Section 87A-10, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-10[]] Meetings;
notice. Meetings of each board may be scheduled, and notice of
meetings shall be provided as follows:
(1) The chairperson may call a meeting of the board at any time by giving at least six calendar days' written notice of the time and place of the meeting to all trustees; and
(2) A majority of the trustees may call a meeting of the board by giving at least ten calendar days' written notice of the time and place to all other trustees."
SECTION 17. Section 87A-12, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-12[]] Records
and minutes. [The] Each board shall keep records and minutes
of all meetings of the board."
SECTION 18. Chapter 87A, Hawaii Revised Statutes, is amended by amending the title of part III to read as to read as follows:
"Part III. [Board] Powers and Duties of
the boards"
SECTION 19. Section 87A-15, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-15[]]
Administration of the [fund.] funds. The [board] boards
shall administer and carry out the purpose of the [fund.] funds.
[Health and other benefit plans shall be provided at a cost affordable to
both the public employers and the public employees.]"
SECTION 20. Section 87A-16, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-16[]] Health
benefits plan; carriers. (a) [The] Each board shall
establish the health benefits plan or plans[,] for its respective
fund, which shall be exempt from the minimum group requirements of chapter
431.
(b) [The] Each board may
contract for health benefits plans or provide health benefits through a
noninsured schedule of benefits."
SECTION 21. Section 87A-17, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-17[]] Group
life insurance benefits or group life insurance program. [The] Each
board may provide benefits under a group life insurance benefits program or
group life insurance program to the fund's respective employees."
SECTION 22. Section 87A-18, Hawaii Revised Statutes, is amended to read as follows:
"§87A-18 Long-term care benefits plan;
carrier or third-party administrator. (a) [The] Each board
may establish a long-term care benefits plan or plans for the respective
fund's employee-beneficiaries; the spouses, parents, grandparents, in-law
parents, and in-law grandparents of the respective fund's
employee-beneficiaries; and qualified-beneficiaries. [The] Any
long-term care benefits plan or plans established by the Hawaii public
employee health benefits trust fund for its employee-beneficiaries shall be
established at no cost to employers and shall comply with article 10H of
chapter 431.
(b) Notwithstanding any other law to the contrary, long-term care benefits shall be available only to:
(1) Employee-beneficiaries and their spouses, parents, and grandparents;
(2) Employee-beneficiary in-law parents and grandparents; and
(3) Qualified-beneficiaries who enroll between the ages of twenty and eighty-five,
who comply with the respective plan's age, enrollment, medical underwriting, and contribution requirements.
(c) [The] Each board may
contract with a carrier to provide fully insured benefits or with a third-party
administrator to administer self-insured benefits."
SECTION 23. Section 87A-22, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-22[]] Benefits
plan information and enrollment. (a) [The] Each board shall
make information summarizing approved benefits plans available to each
employee-beneficiary[.] covered by the respective benefits plan.
The information [shall], to the extent reasonably possible, shall
be distributed to each employee-beneficiary covered by a benefits plan
at the same time and in the same manner.
(b) [The] Each board shall
establish conditions and procedures for benefits plan enrollment."
SECTION 24. Section 87A-24, Hawaii Revised Statutes, is amended to read as follows:
"§87A-24 Other powers. In
addition to the power to administer the fund, [the] each board
may:
(1) Collect, receive, deposit, and withdraw money on behalf of the fund;
(2) Invest moneys in the same manner specified in section 88-119(1)(A), (1)(B), (1)(C), (2), (3), (4), (5), (6), and (7);
(3) Hold, purchase, sell, assign, transfer, or dispose of any securities or other investments of the fund, as well as the proceeds of those investments and any money belonging to the fund;
(4) Appoint, and at pleasure dismiss, an administrator and other fund staff. The administrator and staff shall be exempt from chapter 76 and shall serve under and at the pleasure of the board; provided that this paragraph shall not apply to the Hawaii public employee health benefits trust fund;
(5) Make payments of periodic charges and pay for reasonable expenses incurred in carrying out the purposes of the fund;
(6) Contract for the performance of financial audits of the fund and claims audits of its insurance carriers;
(7) Retain auditors, actuaries, investment firms and managers, benefit plan consultants, or other professional advisors to carry out the purposes of this chapter;
(8) Establish health benefits plan and long-term care benefits plan rates that include administrative and other expenses necessary to effectuate the purposes of the fund; and
(9) Require any department, agency, or employee of the State or counties to furnish information to the board to carry out the purposes of this chapter."
SECTION 25. Section 87A-25, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-25[]] Other
duties. [The] Each board shall:
(1) Authorize charges and payments from the fund only upon vouchers countersigned by the chairperson and any other person designated by the board;
(2) Maintain accurate records and accounts of all financial transactions of the fund that shall be audited annually and summarized in an annual report to the governor and legislature;
(3) Maintain suitable and adequate records and provide information requested by State and county employers as necessary to carry out the purpose of the fund;
(4) Procure fiduciary liability insurance and error and omissions coverage for all trustees; and
(5) Procure a fidelity bond of a reasonable amount for the chairperson and any other person authorized to handle fund moneys."
SECTION 26. Section 87A-26, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-26[]] Rules;
policies, standards, and procedures. (a) [The] Each board
may adopt rules for the purposes of this chapter. Rules shall be adopted
without regard to chapter 91. Rule-making procedures shall be adopted by [the]
each board and shall minimally provide for:
(1) Consultation with employers and affected employee organizations with regard to proposed rules;
(2) Adoption of rules at open meetings that permit the attendance of any interested persons;
(3) Approval of rules by the governor; and
(4) Filing of rules with the lieutenant governor.
(b) [The] Each board may also
issue policies, standards, and procedures consistent with its rules.
(c) [The] Each board may adopt
rules, without regard to chapter 91, governing dispute resolution procedures in
the event of impasse in decision-making; provided that the rules shall be
adopted with the concurrence of six trustees."
SECTION 27. Chapter 87A, Hawaii Revised Statutes, is amended by amending the title of part IV to read as follows:
"Part IV. HAWAII PUBLIC EMPLOYEE HEALTH BENEFITS Trust Fund"
SECTION 28. Section 87A-30, Hawaii Revised Statutes, is amended to read as follows:
"§87A-30 Hawaii [employer-union]
public employee health benefits trust fund; establishment. There is
established outside the state treasury, a trust fund to be known as the
"Hawaii [Employer-Union] Public Employee Health Benefits
Trust Fund". The fund shall consist of contributions, interest, income,
dividends, refunds, rate credits, and other returns. It is hereby declared
that any and all sums contributed or paid from any source to the fund created
by this part, and all assets of the fund including any and all interest and
earnings on the same, are and shall be held in trust by the board for the
exclusive use and benefit of the employee-beneficiaries and
dependent-beneficiaries and shall not be subject to appropriation for any other
purpose whatsoever. The fund shall be under the control of the board and
placed under the department of budget and finance for administrative
purposes."
SECTION 29. Section 87A-32, Hawaii Revised Statutes, is amended to read as follows:
"[[]§87A-32[]] State and
county contributions; active employees. [(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 or other [benefits plan;]
benefit plans; 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 employee-beneficiaries, 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 part II of chapter 78, 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.
[(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 the amount
established under chapter 89C or specified in the applicable public sector
collective bargaining agreement, whichever is applicable, for each of their
respective employees, to be used toward the payment of group life insurance
benefits for each employee.]"
SECTION 30. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Negotiations relating to contributions
to the [Hawaii employer-union health benefits trust fund] bargaining
unit health benefits trust funds shall be for the purpose of agreeing upon
the amounts which the State and counties shall contribute under [section
87-4,] section 87A-E toward the payment of the costs for [a]
health [benefits plan, as defined in section 87-1(8), and group life
insurance benefits,] and other benefit plans, in accordance with section
87A-C, and the parties shall not be bound by the amounts contributed under
prior agreements[; provided that section 89-11 for the resolution of
disputes by way of arbitration shall not be available to resolve impasses or
disputes relating to the amounts the State and counties shall contribute to the
Hawaii employer-union health benefits trust fund]."
SECTION 31. Section 89-11, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (c) to read:
"(c) An impasse over the terms of an initial or renewed agreement and the date of impasse shall be as follows:
(1) More than ninety days after written notice by either party to initiate negotiations, either party may give written notice to the board that an impasse exists. The date on which the board receives notice shall be the date of impasse; and
(2) If neither party gives written notice of an
impasse and there are unresolved issues on [January 31] August 31
of [a] the second year [in which the agreement is due to
expire,] of a fiscal biennium, the board shall declare on [January
31] August 31 that an impasse exists and [February 1] September
1 shall be the date of impasse."
2. By amending subsection (e) to read:
"(e) If an impasse exists between a public employer and the exclusive representative of bargaining unit (2), supervisory employees in blue collar positions; bargaining unit (3), nonsupervisory employees in white collar positions; bargaining unit (4), supervisory employees in white collar positions; bargaining unit (6), educational officers and other personnel of the department of education under the same salary schedule; bargaining unit (8), personnel of the University of Hawaii and the community college system, other than faculty; bargaining unit (9), registered professional nurses; bargaining unit (10), institutional, health, and correctional workers; bargaining unit (11), firefighters; bargaining unit (12), police officers; or bargaining unit (13), professional and scientific employees, the board shall assist in the resolution of the impasse as follows:
(1) Mediation. During the first twenty days after the date of impasse, the board shall immediately appoint a mediator, representative of the public from a list of qualified persons maintained by the board, to assist the parties in a voluntary resolution of the impasse.
(2) Arbitration. If the impasse continues twenty days after the date of impasse, the board shall immediately notify the employer and the exclusive representative that the impasse shall be submitted to a three-member arbitration panel who shall follow the arbitration procedure provided herein.
(A) Arbitration panel. Two members of the arbitration panel shall be selected by the parties; one shall be selected by the employer and one shall be selected by the exclusive representative. The neutral third member of the arbitration panel, who shall chair the arbitration panel, shall be selected by mutual agreement of the parties. In the event that the parties fail to select the neutral third member of the arbitration panel within thirty days from the date of impasse, the board shall request the American Arbitration Association, or its successor in function, to furnish a list of five qualified arbitrators from which the neutral arbitrator shall be selected. Within five days after receipt of such list, the parties shall alternately strike names from the list until a single name is left, who shall be immediately appointed by the board as the neutral arbitrator and chairperson of the arbitration panel.
(B) Final positions. Upon the selection and appointment of the arbitration panel, each party shall submit to the panel, in writing, with copy to the other party, a final position which shall include all provisions in any existing collective bargaining agreement not being modified, all provisions already agreed to in negotiations, and all further provisions which each party is proposing for inclusion in the final agreement.
(C) Arbitration hearing. Within [one
hundred twenty] sixty days of its appointment, the arbitration panel
shall commence a hearing at which time the parties may submit either in writing
or through oral testimony, all information or data supporting their respective
final positions. The arbitrator, or the chairperson of the arbitration panel
together with the other two members, are encouraged to assist the parties in a
voluntary resolution of the impasse through mediation, to the extent
practicable throughout the entire arbitration period until the date the panel
is required to issue its arbitration decision.
(D) Arbitration decision. Within thirty days after the conclusion of the hearing, a majority of the arbitration panel shall reach a decision pursuant to subsection (f) on all provisions that each party proposed in its respective final position for inclusion in the final agreement and transmit a preliminary draft of its decision to the parties. The parties shall review the preliminary draft for completeness, technical correctness, and clarity and may mutually submit to the panel any desired changes or adjustments that shall be incorporated in the final draft of its decision. Within fifteen days after the transmittal of the preliminary draft, a majority of the arbitration panel shall issue the arbitration decision."
3. By amending subsections (g) and (h) to read:
"(g) The decision of the arbitration
panel shall be final and binding upon the parties on all provisions submitted
to the arbitration panel. [If the parties have reached agreement with
respect to the amounts of contributions by the State and counties to the Hawaii
employer-union health benefits trust fund by the tenth working day after the
arbitration panel issues its decision, the final and binding agreement of the
parties on all provisions shall consist of the panel's decision and the amounts
of contributions agreed to by the parties. If the parties have not reached
agreement with respect to the amounts of contributions by the State and
counties to the Hawaii employer-union health benefits trust fund by the close
of business on the tenth working day after the arbitration panel issues its
decision, the parties shall have five days to submit their respective
recommendations for such contributions to the legislature, if it is in session,
and if the legislature is not in session, the parties shall submit their
respective recommendations for such contributions to the legislature during the
next session of the legislature. In such event, the final and binding
agreement of the parties on all provisions shall consist of the panel's
decision and the amounts of contributions established by the legislature by
enactment, after the legislature has considered the recommendations for such
contributions by the parties. It is strictly understood that no member of a
bargaining unit subject to this subsection shall be allowed to participate in a
strike on the issue of the amounts of contributions by the State and counties
to the Hawaii employer-union health benefits trust fund.] The parties
shall take whatever action is necessary to carry out and effectuate the final
and binding agreement. The parties may, at any time and by mutual agreement,
amend or modify the panel's decision.
Agreements reached pursuant to the decision of
an arbitration panel [and the amounts of contributions by the State and
counties to the Hawaii employer-union health benefits trust fund, as provided
herein,] shall not be subject to ratification by the employees concerned.
All items requiring any moneys for implementation shall be subject to
appropriations by the appropriate legislative bodies and the employer shall
submit all such items within ten days after the date on which the agreement is
entered into as provided herein, to the appropriate legislative bodies.
(h) Any time frame provided in an impasse
procedure, whether an alternate procedure or the procedures in this section,
may be [modified] shortened by mutual agreement of the parties. [In
the absence of a mutual agreement to modify time frames, any] Time
frames may not be extended in any impasse procedure. Any delay, failure,
or refusal by either party to participate in the impasse procedure shall not be
permitted to halt or otherwise delay the process, unless the board so orders
due to an unforeseeable emergency. The process shall commence or continue as
though all parties were participating."
SECTION 32. Section 103D-102, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Notwithstanding subsection (a), this chapter shall not apply to contracts made by:
(1) Any regional system board of the Hawaii health systems corporation;
(2) The Kaho‘olawe island reserve commission, except as provided
by section 6K-4.5; [or]
[[](3)[]] Except with respect to sections
103D-110, 103D-304 with respect to design professional services furnished by
licensees under chapter 464, 103D-324, 103D-707, and 103D-1002, the university
or the board of regents of the university[.]; or
(4) Any bargaining unit health benefits trust fund established under section 87A-B, or the Hawaii public employee health benefits trust fund established under section 87A-30."
SECTION 33. Section 87A-5, Hawaii Revised Statutes, is repealed.
["§87A-5 Composition of board.
The board of trustees of the employer-union health benefits trust fund shall
consist of ten trustees appointed by the governor in accordance with the
following procedure:
(1) Five trustees, one of whom shall
represent retirees, to represent employee-beneficiaries and to be selected as
follows:
(A) Three trustees shall be
appointed from a list of two nominees per trustee selected by each of the three
exclusive representative organizations that have the largest number of
employee-beneficiaries;
(B) One trustee shall be appointed
from a list of two nominees selected by mutual agreement of the remaining
exclusive employee representative organizations; and
(C) One trustee representing retirees
shall be appointed from a list of two nominees selected by mutual agreement of
all eligible exclusive representatives; and
(2) Five trustees to represent public
employers.
Section 26-34 shall not apply to board
member selection and terms. Notwithstanding any other provision of this
section, no exclusive representative of a bargaining unit that sponsors or
participates in a voluntary employee beneficiary association shall be eligible
to select nominees or to be represented by a trustee on the board.
As used in this section, the term
"exclusive representative" shall have the same meaning as in section
89-2."]
SECTION 34. Section 87A-11, Hawaii Revised Statutes, is repealed.
["[§87A-11] Quorum; board actions;
voting. (a) Six trustees, three of whom represent the public
employer and three of whom represent employee-beneficiaries, shall constitute a
quorum for the transaction of business.
(b) Trustees representing the public
employers shall collectively have one vote. Trustees representing the employee-beneficiaries
shall collectively have one vote.
For any vote of the trustees representing
the public employers to be valid, three of these trustees must concur to cast
such a vote. In the absence of such concurrence, the trustees representing the
public employers shall be deemed to have abstained from voting.
For any vote of the trustees representing
the employee-beneficiaries to be valid, three of these trustees must concur to
cast such a vote. In the absence of such concurrence, the trustees representing
the employee-beneficiaries shall be deemed to have abstained from voting.
An abstention shall not be counted as either
a vote in favor or against a matter before the board.
(c) Any action taken by the board shall be
by the concurrence of at least two votes. In the event of a tie vote on any
motion, the motion shall fail. Upon the concurrence of six trustees, the board
shall participate in dispute resolution."]
SECTION 35. Section 87A-19, Hawaii Revised Statutes, is repealed.
["[§87A-19] Plans for part-time,
temporary, and seasonal or casual employees. (a) The board may
offer medical, hospital, or surgical benefits plans to part-time, temporary,
and seasonal or casual employees at no cost to the employers. The board may
determine eligibility for part-time, temporary, and seasonal or casual
employees by rules exempt from chapter 91 as provided in section 87A-26.
(b) The board shall establish the medical,
hospital, or surgical benefits plan or plans, which shall be exempt from the
minimum group requirements of article 10A of chapter 431. The medical,
hospital, or surgical benefits plan or plans shall provide, pay for, arrange
for, or reimburse the cost of medical, hospital, or surgical services, and may
include prescribed hospital in-patient and out-patient service and medical
benefits.
(c) The board may contract for the medical,
hospital, or surgical benefits plan or plans. Each part-time, temporary, and
seasonal or casual employee enrolled for medical, hospital, or surgical
benefits shall pay monthly contributions directly to the board's designated
carriers. The monthly contributions may include the carrier's administrative
costs."]
SECTION 36. Section 87A-21, Hawaii Revised Statutes, is repealed.
["[§87A-21] Eligibility. (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.
(b) A retired member of the employees'
retirement system; a county pension system; or a police, firefighters, and
bandsmen pension system of the State or county, shall be eligible to qualify as
an employee-beneficiary:
(1) Regardless of whether the retired
member was actively employed by the State or county at the time of the retired
employee's retirement; and
(2) Without regard to the date of the
retired member's retirement.
(c) A dependent of a retired member shall
be eligible to qualify as an employee-beneficiary or dependent-beneficiary:
(1) Regardless of whether the retired
member was actively employed by the State or county at the time of the retired
employee's retirement; and
(2) Without regard to the date of the
retired member's retirement."]
SECTION 37. Section 87A-23, Hawaii Revised Statutes, is repealed.
["§87A-23 Health benefits plan
supplemental to medicare. The board shall establish a health
benefits plan, which takes into account benefits available to an
employee-beneficiary and spouse under medicare, subject to the following
conditions:
(1) There shall be no duplication of
benefits payable under medicare. The plan under this section, which shall be
secondary to medicare, when combined with medicare and any other plan to which
the health benefits plan is subordinate under the National Association of
Insurance Commissioners' coordination of benefit rules, shall provide benefits
that approximate those provided to a similarly situated beneficiary not
eligible for medicare;
(2) The State, through the department of
budget and finance, and the counties, through their respective departments of
finance, shall pay to the fund a contribution equal to an amount not less than
the medicare part B premium, for each of the following who are enrolled in the
medicare part B medical insurance plan: (A) an employee-beneficiary who is a
retired employee, (B) an employee-beneficiary's spouse while the
employee-beneficiary is living, and (C) an employee-beneficiary's spouse, after
the death of the employee-beneficiary, if the spouse qualifies as an employee-beneficiary.
For purposes of this section, a "retired employee" means retired
members of the employees' retirement system; county pension system; or a
police, firefighters, or bandsmen pension system of the State or a county as
set forth in chapter 88. If the amount reimbursed by the fund under this
section is less than the actual cost of the medicare part B medical insurance
plan due to an increase in the medicare part B medical insurance plan rate, the
fund shall reimburse each employee-beneficiary and employee-beneficiary's
spouse for the cost increase within thirty days of the rate change. Each
employee-beneficiary and employee-beneficiary's spouse who becomes entitled to
reimbursement from the fund for medicare part B premiums after July 1, 2006, shall
designate a financial institution account into which the fund shall be
authorized to deposit reimbursements. This method of payment may be waived by
the fund if another method is determined to be more appropriate;
(3) The benefits available under this plan,
when combined with benefits available under medicare or any other coverage or
plan to which this plan is subordinate under the National Association of
Insurance Commissioners' coordination of benefit rules, shall approximate the
benefits that would be provided to a similarly situated employee-beneficiary
not eligible for medicare;
(4) All employee-beneficiaries or
dependent-beneficiaries who are eligible to enroll in the medicare part B
medical insurance plan shall enroll in that plan as a condition of receiving
contributions and participating in benefits plans under this chapter. This
paragraph shall apply to retired employees, their spouses, and the surviving
spouses of deceased retirees and employees killed in the performance of duty;
and
(5) The board shall determine which of the
employee-beneficiaries and dependent-beneficiaries, who are not enrolled in the
medicare part B medical insurance plan, may participate in the plans offered by
the fund."]
SECTION 38. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 39. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 40. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 41. This Act shall take effect on July 1, 2011; provided that:
(1) Sections 30 and 31 shall take effect upon approval; and
(2) The amendment made to section 103D-102(c), Hawaii Revised Statutes, by this Act shall not be repealed when section 103D-102, Hawaii Revised Statutes, is reenacted on July 1, 2012, by section 14 of Act 175, Session Laws of Hawaii 2009, and on July 1, 2013, by section 4 of Act 159, Session Laws of Hawaii 2010.
INTRODUCED BY: |
_____________________________ |
|
|
Report Title:
Hawaii Employer-Union Health Benefits Trust Fund; Reorganization
Description:
Establishes bargaining unit health benefits trust funds. Requires public employers and unions to negotiate employers' contributions. Amends the impasse procedures for certain bargaining units. Provides right to strike on the issue of a public employers' contribution for health and other benefits.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.