Unemployment Benefits

Prohibits changing an employer's account of contributions under
the employment security law when an employee is hired as an on-
call or temporary employee and continues that employment while
the employee is collecting benefits.

THE SENATE                              S.B. NO.           115
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 383-65, Hawaii Revised Statutes, is
 2 amended by amending subsection (b) to read as follows:
 3      "(b)  Benefits paid to an individual shall not be charged
 4 against the account of any of the individual's base period
 5 employers on a contributory plan under section 383-61 when such
 6 benefits are:
 7      (1)  Paid to an individual during any benefit year if the
 8           individual:
 9           (A)  Left work voluntarily without good cause; [or]
10           (B)  Was discharged for misconduct connected with the
11                individual's work; or
12           (C)  Left work voluntarily for good cause not
13                attributable to the employer.
14           The chargeability of benefits to an employer's account
15           shall be determined in accordance with section 383-94
16           and other applicable provisions of this chapter, or as
17           may be otherwise specified by the department;
18      (2)  Paid to an individual, who, during the individual's
19           base period, earned wages for part-time employment with

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                                     S.B. NO.           115

 1           an employer, if the employer continues to give the
 2           individual employment to the same extent while the
 3           individual is receiving benefits as during the base
 4           period and the employer establishes such fact to the
 5           satisfaction of the director of labor and industrial
 6           relations;
 7      (3)  Paid to an individual for the period the individual is
 8           enrolled in and is in regular attendance at a
 9           vocational training or retraining course approved by
10           the director pursuant to section 383-29;
11      (4)  Paid to an individual under the extended benefits
12           program, sections 383-168 to 383-174; except that one-
13           half of the amount of such benefits which are based on
14           services performed for a governmental employer on a
15           contributory plan shall be charged to the account of
16           such employer;
17      (5)  Paid to an individual who qualifies to receive benefits
18           by meeting the minimum earnings and employment
19           requirements only by combining the individual's
20           employment and wages earned in two or more states;
21      (6)  Benefits overpaid to a claimant as a result of
22           ineligibility or disqualification under sections 383-29
23           and 383-30 unless such overpayment resulted from the

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                                     S.B. NO.           115

 1           employer's failure to furnish information as required
 2           by this chapter or the rules of the department; [or]
 3      (7)  Benefits paid to an individual during any benefit year
 4           beginning September 13, 1992, and thereafter shall not
 5           be charged to the account of any base period employer
 6           from whose employment the individual is separated as a
 7           direct result of a major disaster and would have been
 8           entitled to disaster unemployment assistance under the
 9           Stafford Disaster Relief and Emergency Assistance Act
10           (P.L. 100-707) but for the receipt of unemployment
11           insurance benefits paid under this chapter; provided
12           that the employer must petition for relief of any
13           charges to an employer's reserve account as requested
14           by the department and the director approves granting
15           relief of charges[.]; or
16      (8)  Paid to an individual, who, during the individual's
17           base period, was hired expressly as an on-call or
18           temporary employee to work on a per assignment basis
19           and earned wages as such from an employer, and if the
20           employer continues to give the individual employment to
21           the same extent while the individual is receiving
22           benefits as during the base period and the employer
23           establishes this fact to the satisfaction of the

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                                     S.B. NO.           115

 1           director."
 2      SECTION 2.  Statutory material to be repealed is bracketed.
 3 New statutory material is underscored.
 4      SECTION 3.  This Act shall take effect upon its approval.
 6                           INTRODUCED BY:  _______________________