ERISA: Exemption from Preemption for Hawaii Prepaid Health Care Act : Hearings Before the Subcommittee on Labor-Management Relations of the Committee on Education and Labor, House of Representatives, Ninety-seventh Congress, Second Session, Hearings Held in Honolulu, Hawaii, on January 7 and 8, 1982, Volume 4U.S. Government Printing Office, 1982 - 161 páginas |
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administrative ance laws ARMERDING bill BURTON California carriers Chairman Committee comply comprehensive prepaid health CONGRESS LIBRARY CONGRESS THE LIBRARY congressional Congressman Heftel covered decision Department of Labor disability insurance laws effect employee benefit plans Employee Retirement Income enacted ERISA preemption exempt the Hawaii F.Supp fund HAGINO Hawaii Act Hawaii law Hawaii Legislature Hawaii Prepaid Health Hawaii State Legislature Hawaii statute Health Care Act health care coverage Health Care Law health insurance coverage health insurance laws health insurance program health plan HMSA Honolulu hospital Income Security Act insurance plans L.Ed Legislature LIBRARY OF CONGRESS ment minimum MULTISTATE EMPLOYERS national health insurance pension plans percent Phillip Burton ployee preemption provisions premium Prepaid Health Care PREPAID HEALTH INSURANCE Prepared statement President protection regulation Relations Retirement Income Security S.Ct Senator MATSUNAGA Standard Oil STANDARD OIL CO State's subcommittee supra Thank tion U.S. Supreme Court unemployment wage workers workmen's compensation Yuen
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Página 137 - A classification having some reasonable basis does not offend against that clause merely because it is not made with mathematical nicety or because in practice it results in some inequality.
Página 135 - Rice v. Santa Fe Elevator Corp., 331 US 218, 230, 67 S.Ct. 1146, 1152,91 L.Ed. 1447: "Congress legislated here in a field which the States have traditionally occupied. ... So we start with the assumption that the historic police powers of the States were not to be superseded by the Federal Act unless that was the clear and manifest purpose of Congress.
Página 121 - It is one of the happy incidents of the Federal system that a single courageous State, may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.
Página 135 - Except as provided in subsection (b) of this section, the provisions of this title and title IV shall supersede any and all State laws insofar as they may now or hereafter relate to any employee benefit plan described in section 4(a) and not exempt under section 4(b).
Página 137 - The problems of government are practical ones and may justify, if they do not require, rough accommodations — illogical, it may be, and unscientific.
Página 129 - The assumption is hardly sound that the normal uses and purposes of shore leave are 'exclusively personal' and have no relation to the vessel's business. Men cannot live for long cooped up aboard ship without substantial impairment of their efficiency, if not also serious danger to discipline. Relaxation beyond the confines of the ship is necessary if the work is to go on, more so that it may move smoothly. No master would take a crew to sea if he could not grant shore leave, and no crew would be...
Página 127 - where compliance with both federal and state regulations is a physical impossibility..., " Florida Lime & Avocado Growers, Inc. v. Paul, 373 US 132, 142-143 (1963), or where the state " law stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.
Página 137 - State legislatures are presumed to have acted within their constitutional power despite the fact that, in practice, their laws result in some inequality. A statutory discrimination will not be set aside if any state of facts reasonably may be conceived to justify it.
Página 126 - Except as provided in subparagraph (B), the terms "employee pension benefit plan" and "pension plan" mean any plan, fund, or program which was heretofore or is hereafter established or maintained by an employer or by an employee organization, or by both, to the extent that by its express terms or as a result of surrounding circumstances such plan, fund, or program...
Página 129 - Unlike men employed in service on land, the seaman, when he finishes his day's work, is neither relieved of obligations to his employer nor wholly free to dispose of his leisure as he sees fit.