§393-21 Individual waivers; additional withholding for dependents. (a) An employee may waive individually all of the required health care benefits pursuant to this chapter by:
(1) Requesting the waiver by a writing submitted to the employer; and
(2) Receiving approval of the waiver from the director upon the director determining that the employee has other coverage under a prepaid health care plan which provides benefits that meet the standards prescribed in section 393-7.
(b) The employer who receives from an employee a written request for a waiver under this section shall transmit to the director a copy of the waiver, on a form prescribed by the director, and a copy of the prepaid health care plan on the basis of which the waiver is requested.
(c) A waiver under this section is binding for one year and is renewable for subsequent one-year periods.
(d) An employer who, directly or indirectly, coerces or attempts to coerce an employee in making a waiver under this section shall be subject to the penalty provided under section 393-33(b).
(e) An employee may not agree to pay a greater share of the premium for such benefits than is required by this chapter.
(f) Subject to section 393-7(b), an employee may consent to pay a greater share of the employee's wages and to a withholding of such share by the employer for the purpose of providing prepaid health care benefits of the employee's dependents under the plan providing such benefits for the employee's self. [L 1974, c 210, pt of §1; am L 1976, c 81, §1; gen ch 1985]
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
393-6 Principal and secondary employer defined; coercion, interference, etc. prohibited.
393-7 Required health care benefits.
393-11 Coverage of regular employees by group prepaid health care plan.
393-12 Choice of plan type and of contractor.
393-13 Liability for payment of premium; withholding; recovery of premium.
393-14 Commencement of coverage.
393-15 Continuation of coverage in case of inability to earn wages.
393-16 Liability of secondary employer.
393-17 Exemption of certain employees.
393-18 Termination of exemption.
393-19 Freedom of collective bargaining.
393-20 Adjustment of employer-sponsored plans.
393-21 Individual waivers; additional withholding for dependents.
393-22 Exemption of followers of certain teachings or beliefs.
393-23 Joint provision of coverage.
393-24 Noncomplying employer held liable for employee's health care costs.
393-31 Enforcement by the director.
393-32 Rulemaking and other powers of the director.
393-41 Establishment of premium supplementation trust fund.
393-42 Management of the fund.
393-43 Disbursements from the fund.
393-45 Entitlement to premium supplementation.
393-46 Income directly attributable to the business.