Bill Text: HI SB1049 | 2024 | Regular Session | Introduced
Bill Title: Relating To Employer-union Health Benefits Trust Fund Contributions.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB1049 Detail]
Download: Hawaii-2024-SB1049-Introduced.html
THE SENATE |
S.B. NO. |
1049 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to employer-union health benefits trust fund contributions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. 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] per cent of the total premium for
providing a health benefit plan to 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)] (1) If 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)] (2) 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.
(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]
per cent of the total premium for
providing a life insurance plan and any administrative fees to each
of their respective employees, to be used toward the payment of group life
insurance benefits for each employee."
SECTION 2. Section 89-2, Hawaii Revised Statutes, is amended as follows:
1. By amending the definition of "collective bargaining" to read:
""Collective bargaining" means the
performance of the mutual obligations of the public employer and an exclusive
representative to meet at reasonable times, to confer and negotiate in good
faith, and to execute a written agreement with respect to wages, hours, [amounts
of contributions by the State and counties to the Hawaii employer-union health
benefits trust fund,] and other terms and conditions of employment, except
that by [any such] this obligation neither party shall be
compelled to agree to a proposal or be required to make a concession. For the purposes of this definition,
"wages" includes the number of incremental and longevity steps, the
number of pay ranges, and the movement between steps within the pay range and
between the pay ranges on a pay schedule under a collective bargaining
agreement."
2. By amending the definition of "employee organization" to read:
""Employee organization"
means any organization of any kind in which public employees participate and
which exists for the primary purpose of dealing with public employers
concerning grievances, labor disputes, wages, hours, [amounts of
contributions by the State and counties to the Hawaii employer-union
health benefits trust fund,]
and other terms and conditions of employment of public employees."
SECTION 3. Section 89-9, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"§89-9
Scope of negotiations; consultation.
(a) The employer and the
exclusive representative shall meet at reasonable times, including meetings
sufficiently in advance of the February 1 impasse date under section 89-11, and
shall negotiate in good faith with respect to wages, hours, [the amounts of
contributions by the State and respective counties to the Hawaii employer-union
health benefits trust fund to the extent allowed in subsection (e),] and
other terms and conditions of employment [which] that are subject
to collective bargaining and [which] that are to be embodied in a
written agreement as specified in section 89-10, but [such] the
obligation does not compel either party to agree to a proposal or make a
concession.
(b) The employer or the exclusive representative desiring to initiate negotiations shall notify the other party in writing, setting forth the time and place of the meeting desired and the nature of the business to be discussed, sufficiently in advance of the meeting.
(c) Except as otherwise provided in this chapter, all matters affecting employee relations, including those that are, or may be, the subject of a rule adopted by the employer or any director, shall be subject to consultation with the exclusive representatives of the employees concerned. The employer shall make every reasonable effort to consult with exclusive representatives and consider their input, along with the input of other affected parties, prior to effecting changes in any major policy affecting employee relations.
(d) Excluded from the subjects of negotiations
are matters of classification, reclassification, benefits of [but not contributions
to] the Hawaii employer-union health benefits trust fund, recruitment,
examination, initial pricing, and retirement benefits except as provided in
section 88-8(h). The employer and the
exclusive representative shall not agree to any proposal that would be
inconsistent with the merit principle or the principle of equal pay for equal
work pursuant to section 76-1 or that would interfere with the rights and
obligations of a public employer to:
(1) Direct employees;
(2) Determine qualifications, standards for work, and the nature and contents of examinations;
(3) Hire, promote, transfer, assign, and retain employees in positions;
(4) Suspend, demote, discharge, or take other disciplinary action against employees for proper cause;
(5) Relieve an employee from duties because of lack of work or other legitimate reason;
(6) Maintain efficiency and productivity, including maximizing the use of advanced technology, in government operations;
(7) Determine methods, means, and personnel by which the employer's operations are to be conducted; and
(8) Take actions as may be necessary to carry out the missions of the employer in cases of emergencies.
This
subsection shall not be used to invalidate provisions of collective bargaining
agreements in effect on and after June 30, 2007, and except as otherwise
provided in this chapter, shall not preclude negotiations over the
implementation of management decisions that affect terms and conditions of
employment that are subject to collective bargaining. Further, this subsection shall not preclude
negotiations over the procedures and criteria on promotions, transfers, assignments,
demotions, layoffs, suspensions, terminations, discharges, or other
disciplinary actions as subjects of bargaining during collective bargaining
negotiations or negotiations over a memorandum of agreement, memorandum of
understanding, or other supplemental agreement; provided that [such] the
obligation shall not compel either party to agree to a proposal or make a
concession.
Violations of the procedures and criteria so negotiated may be subject to the grievance procedure in the collective bargaining agreement.
[(e) Negotiations relating to contributions to the
Hawaii employer-union health benefits trust fund shall be for the purpose of
agreeing upon the amounts which the State and counties shall contribute under
section 87A-32, toward the payment of the costs for a health benefits plan, as
defined in section 87A-1, and group life insurance benefits, 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.
(f)]
(e) The repricing of classes
within an appropriate bargaining unit may be negotiated as follows:
(1) At the request of the exclusive representative and at times allowed under the collective bargaining agreement, the employer shall negotiate the repricing of classes within the bargaining unit. The negotiated repricing actions that constitute cost items shall be subject to the requirements in section 89-10; and
(2) If repricing has not been negotiated under paragraph (1), the employer of each jurisdiction shall ensure establishment of procedures to periodically review, at least once in five years, unless otherwise agreed to by the parties, the repricing of classes within the bargaining unit. The repricing of classes based on the results of the periodic review shall be at the discretion of the employer. Any appropriations required to implement the repricing actions that are made at the employer's discretion shall not be construed as cost items."
SECTION 4. Section 89-11, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:
"(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, may 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] of those
items within ten days after the date on which the agreement is entered into as
provided herein, to the appropriate legislative bodies."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval and shall apply to public sector collective bargaining agreements negotiated and executed on or after its approval.
INTRODUCED BY: |
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Report Title:
EUTF; Collective Bargaining; Employer Contribution
Description:
Sets the amount
of the employer contribution to the Hawaii employer-union health
benefits trust fund as
a fixed percentage of the health benefits plan or life insurance plan premium
cost. Makes conforming amendments to
remove the amount of contributions by the State and counties to the Hawaii
employer‑union health benefits trust fund from the scope of collective
bargaining negotiations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.