CHAPTER 383

HAWAII EMPLOYMENT SECURITY LAW

 

Part I. Definitions

Section

383-1 Definitions, generally

383-2 Definition of employment

383-3 Place of performance

383-4 Election of employing unit

383-5 Service localized where

383-6 Master and servant relationship, not required when

383-7 Excluded service

383-7.5 Part-time work; benefits available

383-7.6 Separation for compelling family reason

383-8 Included and excluded service

383-9 Agricultural labor

383-10 Definition of wages

383-11 Excluded payments

383-12 Requirement to post work availability online

 

Part II. Benefits

383-21 Payment of benefits

383-22 Weekly benefit amount; computation, minimum and

maximum

383-23 Weekly benefit for unemployment

383-23.5 Retirement payments

383-24 Maximum potential benefits

383-25 to 28 Repealed

383-29 Eligibility for benefits

383-29.5 Benefits during training

383-29.6 Partial unemployment; eligibility

383-29.7 Partial unemployment; claim filing requirements,

determinations

383-29.8 Partial unemployment; waivers

383-29.9 Partial unemployment; reporting requirements

383-30 Disqualification for benefits

383-30.5 Good cause for separation from part-time employment

383-31 Posting of information

383-32 Filing of claim

383-33 Determinations, in general

383-34 Reconsideration of determination

383-35 Appeal pending when redetermination issued

383-36 Notice of determinations

383-37 Appeal tribunal

383-38 Appeals, filing, and hearing

383-39 Procedure

383-40 Conclusiveness of determinations and decisions

383-41 Judicial review

383-42 Representation

383-43 Payment of benefits

383-44 Recovery of benefits paid

383-45 Governing provisions

 

Part III. Contributions and Coverage

383-61 Payment of contributions; wages not included

383-61.5 Special assessments on employers to pay interest

on loans from Secretary of Labor

383-62 Rate of contributions; financing benefits paid to

government employees and employees of nonprofit

organizations

383-62.5 Treatment of Indian tribes

383-63 Definitions for experience rating provisions

383-64 Credits for contributions; destruction of employer

accounts and records

383-65 Charges and noncharges for benefits

383-66 Contribution rates, how determined

383-67 Reserve ratio

383-68 Contribution rate schedules; fund solvency rate

schedule; rates based on experience

383-69 Procedure for rate determination

383-70 Contributions; levy; returns; assessments

383-71 Collection of delinquent contributions

383-72 Priorities under legal dissolutions or

distributions

383-73 Penalty for delinquency; remission

383-74 Appeal; correction of assessment or contributions

383-75 Compromise

383-76 Refunds and adjustments

383-77 Employers' coverage, election

383-78 Repealed

383-79 Combining services performed for predecessor and

successor employing units

383-80 Income tax refund offsets

 

Part IV. Administration

383-91 Duties and powers of department, director

383-92 Rules and regulations

383-92.5 Worker profiling

383-93 Investigation of unemployment hazard

383-94 Records and reports

383-95 Disclosure of information

383-96 Service

383-97 Change of rates

383-98 Referee

383-99 Oaths and subpoenas

383-100 Protection against self-incrimination

383-101 Relation to chapter 371

383-102 Preservation and destruction of records

383-103 Representation in civil and criminal actions

383-104 State employment service

383-105 Federal-state cooperation

383-106 What reciprocal arrangements authorized

383-107 Reimbursement payments deemed benefits, when

383-108 Cooperation with states, etc.

383-109 Cooperation with foreign governments

393-110 Personnel security program; criminal history record

checks

 

Part V. Funds

383-121 Unemployment compensation trust fund; establishment

and control

383-121.5 Renumbered

383-122 Accounts and deposit

383-123 Withdrawals; administrative use

383-124 Relation to unemployment trust fund

383-125 Financing employment security administration

383-126 Reimbursement of fund

383-126.5 Evaluation of fund balance adequacy

383-127 Special unemployment insurance administration fund

383-128 Employment and training fund established

383-129 Employment and training assessment

 

Part VI. Penalties

383-141 Falsely obtaining benefits, etc.

383-142 Employing units

383-143 General penalty

383-144 Unlawful disclosures

 

Part VII. Miscellaneous Provisions

383-161 Waiver of rights void

383-162 Limitation of fees

383-163 No assignment of benefits; waiver

383-163.5 Child support intercept of unemployment benefits

383-163.6 Voluntary deduction and withholding of federal and

state income taxes

383-163.7 Deduction and withholding of uncollected food stamp

overissuances

383-164 Nonliability of State

383-165 Saving clause, amendment, or repeal

383-166 Conformity with federal law

383-167 Amendment or repeal of federal law, effect of;

nonconformity, effect of

383-168 Definitions

383-169 Effect of state law provisions relating to regular

benefits on claims for, and the payment of, extended

benefits

383-170 Eligibility requirements for extended benefits

383-170.5 Ineligibility for extended benefits when paid under

an interstate claim in a state where extended benefit

period is not in effect

383-171 Weekly extended benefit amount

383-172 Total extended benefit amount

383-173 Beginning and termination of extended benefit period

383-174 Computations

383-176 Limitation of extended benefits by trade

readjustment allowance

 

Note

 

L 2012, c 6, 5 provides:

"SECTION 5. (a) The director of labor and industrial relations may utilize section 103-6, Hawaii Revised Statutes, or may borrow moneys from the federal government pursuant to title XII of the Social Security Act, to cover the insolvency of the unemployment compensation fund.

(b) The director of labor and industrial relations shall use the loan proceeds only to pay unemployment benefits pursuant to chapter 383, Hawaii Revised Statutes, and may not use the loan proceeds to pay for any other expenses such as administrative expenses."

Skilled worker and business development center at each University of Hawaii community college. L Sp 2009, c 34.

 

Law Journals and Reviews

 

Relief for Manufacturers and Wholesalers: A Proposal to Exclude Commissions Paid to Part-Time Sales Representatives from Hawaii's Unemployment Tax. II HBJ, no. 13, at 35 (1998).

 

Case Notes

 

Department is under no duty to maximize amount of benefits that applicant is entitled to by alerting applicant to possible alternatives. 55 H. 250, 517 P.2d 773 (1973).

Conformity to coverage under federal unemployment law not required. 68 H. 410, 718 P.2d 267 (1986).

 

 

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