Date: Sun, 04 May 1997 14:56:28 -1000 From: lambda@aloha.net (Martin Rice) Subject: SUMMARY OF RECIPROCAL BENEFITS, HAWAI`I HB 118 Aloha kakahiaka kakou. Sometime ago, duringamuchmorehecticthanusualweek, I promised to post a summation of HB 118's benefit package for Reciprocal Beneficiaries. My apologies for the delay. Following is a preliminary summation of Hawai`i House Bill 118 House Draft 1, Senate Draft 1, Conference Committee Draft 1 (HB 118 HD 1 SD 1 CD 1), A Bill For an Act Relating to Unmarried Couples. This Bill has been approved by both chambers of the Hawai`i State Legislature and is currently awaiting Governor Ben Cayetano's signature before becoming law in the State of Hawai`i. Effective date is July 1, 1997. Please be advised that this list should NOT be considered to be definitive, as only those sections of Hawai`i Revised Statutes (HRS) that are changed are mentioned in this bill, and not all relevant material is available within the context of HB 118. Concise legal interpretations of HB 118 may be different. Also please note that the figure represented here --> § <-- should be interpreted to read "Section." Some e-mail programs will not translate symbols readily. §___-1 PURPOSE: To extend certain rights and benefits to two individuals who are legally prohibited from marrying under state law. §___-4 REQUISITES: 1) Each of the parties shall be at least 18 years old 2) Neither party be can married or a party to another Reciprocal Beneficiary (RB) relationship 3) The parties shall be legally prohibited from marrying one another 4) Consent of either party shall not have been made due to duress, force or fraud 5) Each party must sign a declaration of RB relationship §___-5 FILING FEES, RECORDS: $8 §___-6 RIGHTS AND OBLIGATIONS: "Unless otherwise expressly provided by law, reciprocal beneficiaries shall not have the same rights and obligations under the law that are conferred through marriage under chapter 572." §___-7 TERMINATION: 1) Either party may terminate the RB relationship, fee: $8 2) An issuance of a marriage license shall automatically terminate the individual's relationship in an existing RB with another individual. Both parties will become un-RB'ed. §87-___ RB FAMILY COVERATE DEFINED: 1) Family coverage shall be established for an employee who is an RB 2) Coverage includes the RB and partner and a) Any dependant-beneficiary of the employee b) Any unmarried child of the non-employee RB under age nineteen c) Surviving beneficiary of the employee d) Section shall be repealed June 30, 1999 §323-___ HOSPITAL VISITATION RIGHTS: Extended to RB §323-___ HEALTH CARE DECISIONS OF A PATIENT: Extended to RB §431:10A___ FAMILY MEDICAL COVERAGE DEFINED: 1) Extended to RB and family in the same manner as currently available to non-RB's 2) Employer may pass along additional costs to RB §431:10A-104 TERMS OF ACCIDENT AND SICKNESS INSURANCE POLICY: Expanded to include RB §431:10A-115 IMMEDIATE PRE-PAID HEALTH COVERAGE FOR NEWBORNS: Extended to RB §431:10A-206 SAFETY NET HEALTH COVERAGE FOR NEWBORNS: Extended to babies of RB §431L-4 EMPLOYER OBLIGATIONS: Children of RB are allowed access to health coverage if so legally directed §509-2 JOINT REAL PROPERTY TENANCY: Extended to RB §509-2 REAL PROPERTY TENANCY BY THE ENTIRETY: Extended to RB §509-2 REAL PROPERTY TENANTS IN COMMON: Extended to RB §560:2-201 TWO NEW DEFINITIONS ADDED: 1) Reciprocal Beneficiary 2) Reciprocal Beneficiary Relationship §560:2-202 ELECTIVE SHARE: Extended to RB (Note this is a death benefit determined by the length of the RB relationship regarding augmented estate. Those couples wishing to enter into RB will start all over again on July 1 as "DAY ONE.") SUPPLEMENTAL ELECTIVE-SHARE AMOUNTS: Extended to RB §560:2-208 EXCLUSION OF DECEDENT'S NON-PROBATE TRANSFERS: Extended to RB §560:2-209 TESTATE OR INTESTATE SUCCESSION RELATING TO ELECTIVE SHARE: Extended to RB §560:2-301 ENTITLEMENT OF PREMARITAL WILL: Extended to RB §560:2-711 INTEREST IN HEIRS AND LIKE: Extended to RB §560:2-802 EFFECT OF DIVORCE, ANNULMENT AND DECREE OF SEPARATION: Inclusion of RB §560:2-804 REVOCATION OF PROBATE AND NONPROBATE TRANSFERS: Inclusion of RB [Note: The following is taken verbatim from the bill. I don't have access to a copy of the Hawai`i Revised Statutes (HRS) to decypher this. Yet another project. :^O ] Sections 560:1-201, 560:2-102, 560:2-103, 560:2-114, 560:2-203, 560:2-205, 560:2-206, 560:2-207, 560:2-210, 560:2-211, 560:2-212, 560:2-213, 560:2-214, 560:2-402, 560:2-403, 560:2-404, 560:2-405, 560:2-705, 560:2-803, 560:3-203, 560:3-301, 560:3-302, 560:3-403, 560:3-703, 560:3-713, 560:3-901, 560:3-902, 560:3-906, 560:3-915, 560:3-916, 560:3-1212, 560:5-301, 560:5-309, 560:5-311, 560:5-312, 560:5-408, 560:5-410, 560:5-422, 560:5-601, and 560:6-107, Hawai`i Revised Statutes, are amended by substituting the term "spouse or reciprocal beneficiary", or like terms, wherever the word "spouse", or like term, appears, as the context requires. §663-3 REDRESS OF DEATH BY WRONGFUL ACT: Inclusion of RB §79-7 VACATION ALLOWANCE ON TERMINATION OF EMPLOYMENT: Inclusion of RB §79-13 FUNERAL LEAVE: Extened to RB §83-8 STATE OF HAWAI`I TRAVEL AND TRANSPORTATION EXPENSES: Extended to include RB §87-23.5 STATE OF HAWAI`I EMPLOYEE, SPOUSAL AND QUALIFIED-BENEFICIARIES LONG-TERM CARE: Extended to include RB §88-1 STATE OF HAWAI`I PENSIONS, AND RESTRICTIONS THEREOF: Extended to RB §88-4 STATE OF HAWAI`I AND THE VARIOUS COUNTY RETIREES, ENTITLEMENT TO FREE MEDICAL AID AND HOSPTIALIZATION, DEPENDANT UPON INCOME: Extended to include RB §88-5 VARIOUS COUNTY'S MEDICAL BENEFITS FOR PENSIONERS: Extended to RB §88-84 PENSION-BENEFICIARY UPON DEATH OF STATE OR COUNTY WORKER: Inclusion of RB §88-85 ACCIDENTAL DEATH BENEFIT, STATE AND COUNTY: Inclusion of RB §88-93 NAMED BENEFICIARIES, NULL AND VOID: Inclusion of RB §88-163 DEATH BENEFITS, FUNERAL EXPENSES AND PAYMENTS TO DEPENDENTS (POLICE FORCE, FIRE DEPARTMENT OR BAND): Inclusion of RB §88-189 SURVIVOR'S PENSIONS: Inclusion of RB §88-286 DEATH BENEFIT: Inclusion of RB; extension to children of RB under age 18 §105-2 EXCEPTION AGAINST USAGE OF STATE VEHICLES IN CASE OF EMERGENCY: Extended to RB §171-74 QUALIFICATIONS OF RESIDENTAL LESSEES: Inclusion of RB §171-99 HOMESTEAD LEASES AND CERTIFICATES OF OCCUPATION UPON DEATH: Extended to RB §209-28 DISASTER LOANS: Inclusion of RB §209-29 ELIGIBILITY FOR DISASTER LOANS: Inclusion of RB §247-3 EXEMPTIONS TO TAXES IMPOSED BY HRS 247-1: Inclusion of RB relating to any document between husband and wife or parent and child, in which only nominal consideration is paid. §306-1 INCLUSION OF RB IN THE DEFINITION OF, AND FOR PURPOSES OF USING: 1) University athletic unit 2) University dining unit 3) University housing unit 4) University health unit 5) University parking unit §324-22 OBTAINING PATIENT INFORMATION: Inclusion of RB within the definition of immediate family §327-3 ANATOMICAL GIFTS OF A DECEDENT: Inclusion of RB §327-5 DISCUSSION OF ANATOMICAL GIFT OF PATIENT BY HOSPITAL ADMINISTRATOR: Inclusion of RB §334-6 FEES; RESPONSIBILITY OF PAYMENT OF EXPENSES FOR TREATMENT SERVICES: Inclusion of RB §334-59 EMERGENCY HOSPITALIZATION PROCEDURES: Inclusion of RB for legal notification §334-60.4 SERVING OF PETITIONS: Inclusion of RB §334-60.5 FAILURE OF TIMELY NOTIFICATION OF COURT HEARING, CONTINUATION THEREOF: Inclusion of RB §334-125 NOTICE OF HEARING: Inclusion of RB §352-2 DEFINITION OF RELATIVE RELATING TO A VICTIM: Now includes RB §352-13 EVALUATION, CONSELING AND TRAINING OF A COMMITTED PERSON: Inclusion of RB in the definition of family §353-17 GRANTING OF FURLOUGHS TO COMMITTED PERSONS: Inclusion of RB in the definition of family §386-34 PAYMENT OF INCOME AND INDEMNITY AFTER DEATH: Inclusion of RB §386-41 EMPLOYEER-PAID FUNERAL AND BURIAL ALLOWANCES: Inclusion of RB as recipient §386-42 INCOME AND INDEMNITY BENEFITS: Inclusion of RB as a recipient if RB is an actual dependent §386-43 WEEKLY BENEFITS TO DEPENDENTS: Inclusion of RB §388-4 PAYMENT OF WAGES TO RELATIVES OF DECEASED EMPLOYEES: Inclusion of RB §398-3 EMPLOYEE FAMILY LEAVE FOR BIRTH, ADOPTION OR CARE OF A CLOSE RELATIVE: Allotment of 4 weeks family leave within one calendar year extended to RB §431:10-234 LIFE INSURANCE POLICY RIGHTS: Inclusion of RB §431:10c-103 "NO-FAULT BENEFITS" and "NO-FAULT INSURED": Inclusion of RB §432:1-104 RECEPTION OF MONIES FROM A "MUTUAL BENEFIT SOCIETY": Inclusion of one's RB §443B-1 DEFINITION OF DEBTOR: Expanded to include one's RB §453-15 AUTHORITY TO GIVE CONSENT FOR A POSTMORTEM EXAMINATION: Inclusion of RB §516-71 SALE OF A LEASEHOLD RESIDENTAL LOT: Inclusion of RB §586-1 DEFINITION OF FAMILY AND HOUSEHOLD MEMBERS: Includes RB, or former RB, dwelling in the same unit or formerly dwelling in the same unit, along with parents, children, persons related by consanguinity and persons jointly residing. §663-1 TORTS, WHO MAY SUE: Inclusion of RBs to the injured party §706-670.5 SURVIVING IMMEDIATE FAMILY MEMBER: Inclusion of RB §706.673 DEFINITION OF SURVIVING IMMEDIATE FAMILY MEMBER: Inclusion of RB §707-769 PROTECTION FROM EXTORTION: Extended to cover RB §708-834 PROTECTION FROM THEFT: Extended to include RB §709-906 PROTECTION FROM ABUSE BY IMMEDIATE HOUSEHOLD MEMBER: Expanded to include RB and former RBs residing or formerly residing in the same dwelling unit §801D-2 SURVIVING IMMEDIATE FAMILY MEMBERS OF A HOMICIDE VICTIM: Inclusion of RB DISCLAIMERS: 1) "Any proposed health insurance coverage provided pursuant to this Act shall be exempt from the provisions of part IV if chapter 23, Hawai`i Revised Statutes." 2) The auditor will conduct a fiscal impact study of HB 118, and submit that study at least 20 days prior to the convening of the 1999 Hawai`i State Legislature's regular session. 3) HB 118 HD1 SD1 CD 1 shall be narrowly interpreted as not to "create or extend rights or benefits not specifically provided herein." 4) The many provisions of this act are severable if found invalid. ~~pau~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "Their agenda is equality!" --Lou Sheldon ~~~~~ Fred and Martin 24 years, yet strangers before the law ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~