HAR §12-11-5. Oaths and subpoenas

The director or the director's authorized representative may administer oaths, take or cause to be taken the depositions of witnesses, and require the attendance and production of all books, records, and other evidence relative to any matter under investigation or audit. The subpoena shall be signed and issued by the director or director's authorized representative. In case of failure of any person to comply with any subpoena lawfully issued under this section, the circuit court of any circuit, upon application by the director or the director's representative, shall have the power to enforce by proper proceedings the attendance and testimony of any witness so subpoenaed. [Eff 11/3/89] (Auth: HRS §392-91) (Imp: HRS §392-91) §§l2-ll-6 to l2-ll-l0 (Reserved) DLIR 12-11 Page 6 SUBCHAPTER 2 PLANS §l2-ll-ll Plans which were in existence June 30, 1969. A plan which was in existence on June 30, l969 and which continues in existence on January l, l970 is an existing plan and shall be accepted by the director as complying with the obligation of the employer to provide disability benefits for the employees, or for the class or classes of employees entitled to benefits under the plan, provided: (l) The employer was on June 30, l969 obligated not to discontinue the provisions of the plan or the contribution toward its cost during some period of time after June 30, l969, provided that the acceptance of the plan shall be limited to the period of the obligation; or (2) That if the plan is one under which the employer is not obligated, as of June 30, l969, to continue the provisions of the plan or the contribution toward its cost during some period after June 30, l969, the plan either (A) Has been found by the director to meet the requirements of section l2-ll-l6 and the employer has entered into the required agreements and otherwise complied with section l2-ll-2l the period for which the plan may be accepted shall be limited to the period provided in section l2-ll-2l(3); or (B) Has been agreed to by an association of employees or through collective bargaining and the employer has, prior to January l, l970, entered into the required agreements and otherwise complied with section l2-ll-2l the period for which such plan may be accepted shall be the term of the plan as so agreed. [Eff 5/11/81] (Auth: HRS §392-9l) (Imp: HRS §392-4l) §l2-ll-l2 Existing plans which are extended or modified. (a) An existing plan may, after June 30, l969, be extended with or without modification, or modified with or without extension, by agreement with an association of employees or through collective bargaining and, as so extended or modified, the plan during the period of the extension or modification shall continue to be accepted as complying provided that benefits are at least as favorable as required under section 392-4l, HRS. If the extension or modification is not effective prior to the expiration of the period during which the employer is obligated not to discontinue the plan or the contribution to its cost, the employer shall be required to make provision of benefits between the expiration of the period and the DLIR 12-11 Page 7 day when the agreement of extension or modification is made and becomes effective; but when so extended or modified, the plan shall continue to be accepted as complying provided benefits are at least as favorable as required under section 392-4l, HRS, during the period of the extension or modification. (b) An existing plan that, after June 30, l969, is extended by an employer with or without modification, or modified with or without extension, other than by agreement with an association of employees or through collective bargaining, may be continued as an existing plan and may be accepted as complying with the obligation of the employer under section 392-4l, HRS, during the period of extension or modification only if the plan, as so extended or modified, is found by the director to meet the requirements of section l2-ll-l6. [Eff 5/11/81] (Auth: HRS §392-9l) (Imp: HRS §392-4l) §l2-ll-l3 Successor employers. An existing plan shall be deemed continued and may be accepted as the plan of an employer who, after June 30, l969, has acquired all or substantially all, or an identifiable portion, of the assets or employment and has assumed liabilities, including liabilities under the plan, of an employer who immediately preceding such acquisition had an acceptable existing plan. [Eff 5/11/81] (Auth: HRS §392-9l) (Imp: HRS §392-4l) §l2-ll-l4 Wage or salary continuance plans. (a) Arrangements for wage or salary continuance during disability in effect on June 30, l969 may be accepted as an existing plan, provided the plan formed part of the employer's regular contract of hiring, either under written agreement or by established custom and practice. (b) A wage or salary continuance plan in effect on June 30, l969, but not then under written agreement, may be accepted as a plan if it is reduced to a written agreement and if proof satisfactory to the director is submitted that the plan was actually in existence on June 30, l969 as the employer's established custom and practice. (c) Wage and salary continuance may be offered by an employer as the employer's plan and, if found to be "at least as favorable" as the statutory benefits schedule, the plan may be accepted as the employer's compliance with the benefit provisions of the law for the class or classes of employees covered by the plan. In such case, the employer may insure or have approved self-insurance for disability benefits, paying the excess over the benefits under the employer's continuance agreement as wages or salary or the employer may continue wages or salary and provide, through insurance or approved self-insurance, for benefits to commence on the first day of disability following the last day to which wages or salary are continued. [Eff 5/11/81;] (Auth: HRS §392-9l) (Imp: HRS §392-4l) §l2-ll-l5 Plans which were not in existence on June 30, 1969. Any plan which was not in existence on June 30, l969, but which is in DLIR 12-11 Page 8 existence on or after January l, l970, is a new plan and, if the benefits provided meet the requirements of section l2-ll-l6, may be accepted by the director under section 392-4l, HRS, provided: (l) The benefits are to be provided under the plan for a fixed term; the acceptable period of the plan shall be such term; or (2) The employer has filed with the director the required agreements and otherwise complied with section l2-ll-2l; the acceptable period of the plan shall be limited to the period provided in section l2-ll-2l(3). [Eff 5/11/81] (Auth: HRS §392-9l) (Imp: HRS §392-4l) §l2-ll-l6 Existing and new plans. (a) Benefits under any plan shall, in the aggregate, be deemed to be "at least as favorable" only if: (l) A waiting period of no more than seven days is required; and (2) The aggregate actuarial value, as determined under section l2-ll-l7, of the cash disability benefits for each employee is equivalent to the aggregate actuarial value, as determined under section l2-ll-l7, of the disability benefits under section 392-4l, HRS; and (3) Cash disability payments are payable at the rate of l00 per cent of wages and for at least three weeks in a benefit year under a plan with no waiting period, and cash disability payments are payable for at least fifteen weeks in a benefit year under a plan with a two-day waiting period which provides cash disability payments at the rate of 58 per cent of wages. [Eff 5/11/81; am 1/16/93] (Auth: HRS §392-9l) (Imp: HRS §§ºº392-22, 392-4l) §l2-ll-l7 Method of evaluating benefits under plans. (a) Benefits provided under a plan which meets the minimum requirements of section l2-ll-l6 will be evaluated, to assist in determining whether the plan benefits are "at least as favorable" as the benefits provided by law, by the use of tables established by the insurance commissioner which reflect the actuarial relationship between different types and amounts of benefits. (b) In evaluating weekly cash disability benefits, the following will be considered: (l) Maximum period during which benefits are payable during fifty-two consecutive weeks or during a single period of disability. (2) Non-compensable waiting period after disability for illness and for accident commences before benefits are payable. (3) Benefit rate, which for evaluation purposes will be the percentage obtained by dividing the weekly benefit by the DLIR 12-11 Page 9 weekly wage as defined in section l2-ll-l8. [Eff 5/11/81;] (Auth: HRS §392-9l) (Imp: HRS §392-41) §l2-ll-l8 Wages to be used in determining benefit rate. (a) In determining the benefit rate for plan evaluation, the normal weekly earnings paid under regular employment practices will generally be used as "weekly wages". However, I for any extended period of time employees regularly receive extra wages including, without limitation, overtime or premium pay, it may be required that benefits be determined on the total of normal and such extra wages. (b) If, under a plan, benefits are to be provided in accordance with classification will generally be used as the weekly wage in determining the benefit rate for plan evaluation. For those employees whose average weekly wages is $20 or more and less than $40 per week, the benefit rate for plan evaluation will be computed by dividing the actual cash benefit to which the employee is entitled by $40. If the employer submits a wage schedule showing for each wage classification a distribution of employees by wages (up to weekly wages equal to the maximum weekly wage base), the weekly wage to be used for plan evaluation will be the average wage of the employees included in the classification, but not less than $5 under the maximum wage of the classification. [Eff 5/11/81] (Auth: HRS §392-91)(Imp: HRS §392-22)