[§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. L 2001, c 88, pt of §1
Case Notes
A retired employee's health benefits that are included in a health benefits plan falls within the constitutional protection contemplated by article XVI, §2 of the Hawaii constitution inasmuch as subsection (b) clearly and unambiguously conditions a retired state or county government employee's eligibility for health benefits on, inter alia, being a retired member of the employees' retirement system. 122 H. 402, 228 P.3d 282.
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