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SEKI EX REL. LOUIE v. HAWAII GOV'T EMPLOYEES ASS'N

No. SCWC-29352.

328 P.3d 394 (2014)

133 Haw. 385

STATE of Hawai`i, ex rel. David M. LOUIE, Attorney General, and Dean H. SEKI, Comptroller of the State of Hawai`i, Petitioners/Plaintiffs-Appellants, Cross-Appellees, v. HAWAII GOVERNMENT EMPLOYEES ASSOCIATION, AFSCME LOCAL NO. 152, AFL-CIO; United Public Workers, AFSCME Local No. 646, AFL-CIO; Royal State Corporation; Royal State National Insurance Company, Limited; the Royal Insurance Agency, Inc.; Voluntary Employees' Benefit Association of Hawaii; Management Applied Programming, Inc., Respondents/Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawai`i.

February 14, 2014.

Attorney(s) appearing for the Case

Deirdre Marie-Iha, Honolulu, for petitioner.

Paul A. Schraff, Honolulu, for Royal respondent.

Charles A. Price, Honolulu, for respondent HGEA.

Adrian W. Rosehill, Honolulu, for respondent UPW.

RECKTENWALD, C.J., ACOBA, and McKENNA, JJ., WITH NAKAYAMA, J., dissenting, with whom POLLACK, J., joins.

Opinion of the Court by RECKTENWALD, C.J.

This case arises out of the Hawaii Public Employees Health Fund's "porting" program. Under the program, state and county employees could choose to enroll in health benefits and long-term care benefits plans offered by their respective employee unions, rather than Health Fund-sponsored plans. For employees who chose a union-sponsored plan, the Health Fund would transfer or "port" to the unions the government employers' contributions...

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