Current through November, 2024
Section 12-11-12 - Existing plans which are extended or modified(a) An existing plan may, after June 30, 1969, 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 392-41, 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 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 392-41, HRS, during the period of the extension or modification.(b) An existing plan that, after June 30, 1969, 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 392-41, 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 12-11-16.[Eff 5/11/81] (Auth: HRS § 392-91) (Imp: HRS § 392-41)