§383-63  Definitions for experience rating
provisions.  As used in sections 383-63 to 383-69:



"Adequate reserve fund" means an
amount that is equal to the amount derived by multiplying the benefit cost rate
that is the highest during the ten-year period ending on November 30 of each
year by the total remuneration paid by all employers, with respect to all
employment for which contributions are payable during the last four calendar
quarters ending on June 30 of the same year, as reported on contribution reports
filed on or before October 31 of the same year.  "Remuneration", as
used in this definition, means wages as defined in section 383-10.  For the
purpose of determining the highest benefit cost rate, the benefit cost rate for
the first twelve-consecutive-calendar-month period beginning with the first day
of the first month of the ten-year period and for each succeeding
twelve-consecutive-calendar-month period beginning with the first day of each
subsequent month shall be computed.



Effective for the calendar years 1992 through
2007, and from calendar year 2011 and thereafter, "adequate reserve
fund" means an amount that is equal to one and one-half times the amount
derived by multiplying the benefit cost rate that is the highest during the ten-year
period ending on November 30 of each year by the total remuneration paid by all
employers, with respect to all employment for which contributions are payable
during the last four calendar quarters ending on June 30 of the same year, as
reported on contribution reports filed on or before October 31 of the same
year.  "Remuneration", as used in this definition, means wages as
defined in section 383-10.  For the purpose of determining the highest benefit
cost rate, the benefit cost rate for the first twelve-consecutive-calendar-month
period beginning with the first day of the first month of the ten-year period
and for each succeeding twelve-consecutive-calendar-month period beginning with
the first day of each subsequent month shall be computed.



"Annual payroll" means the total
amount of wages for employment paid by an employer during a calendar year; and
"average annual payroll" means the average of the annual payrolls of
an employer for a period consisting of the three consecutive calendar years
immediately preceding the calendar year for which rates are computed, except
that, for an employer whose account has been chargeable with benefits
throughout at least one year but less than three years ending on
December 31, 1955, and each December 31 thereafter, "average annual
payroll" means one-third of the sum of the employer's cumulative payrolls
for the period in which the employer has been subject to this chapter, but not
more than the three calendar years ending on such December 31.  Whenever
there was or is a change in the definition of "employment" or in the
definition of "wages", effective for the purposes of this chapter
generally or of this part at the commencement of or at a date within the
three-year period of any average annual payroll, "employment" and
"wages" for the purpose of determining each annual payroll within
such period and the average annual payroll for such period, shall have the
meaning prior to the effective date of such change which they had in accordance
with this chapter then in effect and shall have the meaning after the effective
date of such change assigned to them by the amendment to this chapter providing
for such change.



"Base period employers" means
employers by whom an individual was paid the individual's base period wages.



"Base period wages" means the wages
paid to an individual during the individual's base period for insured work.



"Benefit cost rate" means the rate
derived by dividing the total net benefits paid to all individuals during a
twelve-consecutive-calendar-month period by the total remuneration paid by all
employers with respect to employment for which contributions are payable during
the last four completed calendar quarters ending at least five months before
the end of the twelve-consecutive-month period.  "Remuneration", as
used in this paragraph, means wages as defined in section 383-10.



"Contributions" includes the money
payments required by this chapter to be made into the fund by any employing
unit on account of having individuals in its employ.  "Contributions"
does not include penalties or interest for delinquency in payments.



"Current reserve fund" means the
total assets of the fund available for the payment of benefits on
November 30 of each year (exclusive of all moneys credited under section
903 of the Social Security Act to the account of this State in the unemployment
trust fund which have been appropriated for expenses of administration whether
or not withdrawn from the trust fund).



"Reserve balance" means the
difference between all contributions paid by an employer and credited to the
employer's account for all periods before January 1 (including those paid
before February 1 of the same year with respect to wages paid by the
employer before January 1 of the same year) and the total benefits
chargeable to the employer's account for all periods before January 1 of
the same year. [L 1941, c 304, §1, pt of subs 21; RL 1945, §4248; am L 1949, c
316, §1(1), (2); am L 1953, c 41, §1(6); am L 1955, c 18, §1(1); RL 1955,
§93-62; am L 1964, c 55, §4; HRS §383-63; am L 1969, c 277, §1; am L 1978, c
235, §3; gen ch 1985; am L 1991, c 68, §6; am L 2007, c 110, §4]