State v. Hawaii Government Employees Association, AFSCME Local No. 152, AFL-CIO.

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 to the cost of providing insurance. See Hawai'i Revised Statutes (HRS) §§ 87-4, 87-22.3, 87-22.5, 87-23 (repealed). 1 The…