§383-167  Amendment or repeal of federallaw, effect of; nonconformity, effect of.  If at any time the governorfinds that the federal Unemployment Tax Act has been amended or repealed by actof Congress, with the result that no portion of the contributions required bythis chapter may be credited against the tax under the federal Unemployment TaxAct, the governor shall publicly so proclaim and upon the date of suchproclamation this chapter requiring the payment of contributions and benefitsshall be suspended.  The department of labor and industrial relations shallthereupon requisition from the unemployment trust fund all moneys thereinstanding to the credit of the State and shall direct the director of finance todeposit such moneys, together with any other moneys in the fund, as a specialfund in any banks or public depositaries in the State in which general funds ofthe State may be deposited.  Such moneys shall after six months be refunded tothe employers who have made contributions under this chapter, on the followingbasis:  each employer shall be entitled to the total of the contributions paidby the employer less the total of benefits charged to the employer's accountpursuant to sections 383-63 to 383-69, and if there are not sufficient moneys topay all expenses and to pay to all the employers the amounts to which they arerespectively entitled, then the amounts which the employers shall receive shallbe reduced proportionately.  If after the payment of all expenses and thepayment to the employers of the amounts to which they are entitled there areany moneys undisposed of, the same shall be held for disposition as thelegislature may prescribe.

If at any time this chapter is amended and theeffect of the amendment or any part thereof is to legally impair or prevent theapplication of contributions under this chapter as a credit against the taxeslevied under the federal Unemployment Tax Act, then the disabling amendment orpart thereof shall not go into effect so long as the disability or prohibitionexists and shall go into effect if and when the disability or prohibitionceases to exist, and in any case where the effect is caused by a part of anamendment the remainder of the amendment shall not be affected thereby andshall nevertheless go into effect in accordance with its provisions. [L 1939, c219, §21; am L 1941, c 304, §1, subs 39; RL 1945, §4301; RL 1955, §93-156; am LSp 1959 2d, c 1, §§14, 27; am L 1963, c 114, §1; HRS §383-167; gen ch 1985]