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Summary of differences between federal and state regulations
Employee benefits are generally covered under the federal jurisdiction of the Employee Retirement Income Security Act (ERISA).
Federal ERISA plans generally do not have to comply with state laws. ERISA rules preempt or block state laws that relate to ERISA plans. State insurance laws, however, do apply.
Disability insurance
Hawaii has the “Hawaii Temporary Disability Insurance Law,” which is administered by the state’s Department of Labor and Industrial Relations. It applies to employers with one or more individuals in employment during any day or portion of a day. Under the law, employees who suffer disability resulting from accident, sickness, pregnancy, or termination of pregnancy, are entitled to receive temporary disability benefits. It does not cover accident or disease connected with or resulting from employment or any other applicable workers’ compensation law,
Temporary disability benefits are payable for any period of disability following the expiration of a waiting period (seven days), for up to 26 weeks. The law has rules for such things as employee eligibility, duplication of benefits, provision for payments of benefits, notice of insurance, contribution withholding, payment of benefits, and appeals. Violations of the law may bring a fine of $250 for each offense.
Life insurance
Hawaii also has laws governing life insurance taken out on employees. The lives of a group of individuals may be insured under a policy issued to an employer, however, the employer may not be the beneficiary.
Eligible employees include all of the employees of the employer, or all of any class or classes determined by conditions pertaining to their employment. Retired employees may be included.
State
Contacts
Department of Commerce and Consumer Affairs, Division of Insurance (Life Insurance)
Regulations
Disability Insurance
Haw. Rev. Stat. §392-1, et seq.
Employee Group Life Insurance
Haw. Rev. Stat. §431:10D-202
Federal
Contact
Employee Benefits Security Administration (EBSA)
Regulations
29 CFR chapter XXV (Parts 2509 – 2590)