Hawaii Revised Statutes 393-13 – Liability for payment of premium; withholding; recovery of premium
Terms Used In Hawaii Revised Statutes 393-13
- Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 393-3
- Employer: means any individual or type of organization, including any partnership, association, trust, estate, joint stock company, insurance company, or corporation, whether domestic or foreign, a debtor in possession or receiver or trustee in bankruptcy, or the legal representative of a deceased person, who has one or more regular employees in the employer's employment. See Hawaii Revised Statutes 393-3
- Employment: means service, including service in interstate commerce, performed for wages under any contract of hire, written or oral, expressed or implied, with an employer, except as otherwise provided in §§ 393-4 and 393-5. See Hawaii Revised Statutes 393-3
- Premium: means the amount payable to a prepaid health care plan contractor as consideration for the contractor's obligations under a prepaid health care plan. See Hawaii Revised Statutes 393-3
- Wages: means all remuneration for services from whatever source, including commissions, bonuses, and tips and gratuities paid directly to any individual by a customer of the individual's employer, and the cash value of all remuneration in any medium other than cash. See Hawaii Revised Statutes 393-3
Unless an applicable collective bargaining agreement specifies differently every employer shall contribute at least one-half of the premium for the coverage required by this chapter and the employee shall contribute the balance; provided that in no case shall the employee contribute more than 1.5 per cent of the employee’s wages; and provided that if the amount of the employee’s contribution is less than one-half of the premium, the employer shall be liable for the whole remaining portion of the premium.
The employer shall withhold the employee’s share from the employee’s wages with respect to pay periods as specified by the director.
If an employee separates from the employee’s employment after the employee’s employer has prepaid the employee’s share of the cost of providing health care coverage, the employer may deduct an amount not to exceed one-half of the premium cost but without regard to the 1.5 per cent limitation, from the last salary or wages due the employee, or seek other appropriate means to recover the premium.