Hawaii Administrative Rules
Title 14 - DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT
Subtitle 5 - STATE OF HAWAII CAFETERIA PLAN
Chapter 52 - FLEXIBLE SPENDING ACCOUNTS PLAN
Subchapter 2 - ADMINISTRATION
Section 14-52-12 - Powers and duties
Current through August, 2024
The plan administrator shall have the powers and duties specified in the plan to take all action and make all decisions necessary or proper to carry out the plan. The determination of the plan administrator as to any questions involving the general administration and interpretation of the plan shall be conclusive as to all parties thereto. Any discretionary action to be taken under the plan by the plan administrator with respect to employee eligibility, benefits, election cancellations or changes, and reimbursements, shall be uniform in their nature and applicable to all persons similarly situated. Without limiting the generality of the forgoing, the plan administrator shall have the following powers and duties:
(1) To require any person to furnish information as the plan administrator may reasonably request for the purpose of the proper administration of the plan as a condition to receiving any benefit under the plan;
(2) To make and enforce rules and prescribe the use of forms as the plan administrator deems necessary for the administration of the plan;
(3) To interpret the plan and to resolve ambiguities, inconsistencies, and omissions;
(4) To decide on questions concerning the plan, including eligibility, benefits, election cancellations or changes, and reimbursements;
(5) To designate short plan years of less than twelve consecutive months for valid business purposes. Notwithstanding the foregoing, the plan administrator may not designate two consecutive short plan years;
(6) To select and hire advisors and a third-party administrator and appoint qualified parties to handle the day-to-day administrative requirements of the plan; and
(7) To delegate to any or each state agency responsibility for the day-to-day administration of the plan.
