§383-167  Amendment or repeal of federal
law, effect of; nonconformity, effect of.  If at any time the governor
finds that the federal Unemployment Tax Act has been amended or repealed by act
of Congress, with the result that no portion of the contributions required by
this chapter may be credited against the tax under the federal Unemployment Tax
Act, the governor shall publicly so proclaim and upon the date of such
proclamation this chapter requiring the payment of contributions and benefits
shall be suspended.  The department of labor and industrial relations shall
thereupon requisition from the unemployment trust fund all moneys therein
standing to the credit of the State and shall direct the director of finance to
deposit such moneys, together with any other moneys in the fund, as a special
fund in any banks or public depositaries in the State in which general funds of
the State may be deposited.  Such moneys shall after six months be refunded to
the employers who have made contributions under this chapter, on the following
basis:  each employer shall be entitled to the total of the contributions paid
by the employer less the total of benefits charged to the employer's account
pursuant to sections 383-63 to 383-69, and if there are not sufficient moneys to
pay all expenses and to pay to all the employers the amounts to which they are
respectively entitled, then the amounts which the employers shall receive shall
be reduced proportionately.  If after the payment of all expenses and the
payment to the employers of the amounts to which they are entitled there are
any moneys undisposed of, the same shall be held for disposition as the
legislature may prescribe.



If at any time this chapter is amended and the
effect of the amendment or any part thereof is to legally impair or prevent the
application of contributions under this chapter as a credit against the taxes
levied under the federal Unemployment Tax Act, then the disabling amendment or
part thereof shall not go into effect so long as the disability or prohibition
exists and shall go into effect if and when the disability or prohibition
ceases to exist, and in any case where the effect is caused by a part of an
amendment the remainder of the amendment shall not be affected thereby and
shall nevertheless go into effect in accordance with its provisions. [L 1939, c
219, §21; am L 1941, c 304, §1, subs 39; RL 1945, §4301; RL 1955, §93-156; am L
Sp 1959 2d, c 1, §§14, 27; am L 1963, c 114, §1; HRS §383-167; gen ch 1985]