Section 12-11-19 - Employees not covered under a planIf an employee who is eligible for benefits under the statute is not eligible for benefits under the plan for any of the following reasons:
(1) The eligibility or probationary period under the plan is longer than that provided by law; or(2) There is an eligibility or probationary period under the plan for employees who are entitled by law to immediate coverage; or(3) The plan does not provide for payment of benefits for disability occurring while the person is an "individual in current employment" as that term is defined in section 392-6, HRS; or(4) The employee is not of the class or any of the classes of employees entitled to benefits under the plan; then, and in any one or more of the foregoing circumstances, the employer shall be required to provide for the payment of benefits to the employee in one or more of the ways set forth in section 392-41, HRS. The employer, may, however, modify the plan so as to extend the plan benefits for the statutory periods referred to in paragraphs (1), (2), and (3) above, and the extension shall not be deemed a material modification of the plan.[Eff 5/11/81] (Auth: HRS § 392-91) (Imp: HRS § 392-41)