The Pulse on UH Faculty Health Benefits…

State Court rules that retirees have a constitutional right to continuing health benefits.

As health reform continues to be a hot topic each legislative session, recently University of Hawaii Faculty Members and other public employees received welcomed news from the State Court.  In an extremely important decision the Court upheld a critical assumption that public employee retirees have a constitutional right to continuing health benefits. 

The Court reviewed statutory and constitutional issues and sought to offer interpretations of the statutes that would be construed in a manner that makes them constitutional.  While this Court opinion reinforces Hawaii’s non-impairment provision and protects accrued benefits, it does not prohibit the State legislature from reducing benefits for prospective employees.

For details on this decision see related item below:

State of Hawaii First Circuit Court

Court’s decision: Civil No. 07-1-1872