§383-65  Charges and noncharges forbenefits.  (a)  Except as otherwise provided in subsection (b), benefitspaid to an individual shall be charged against the accounts of the individual'sbase period employers and the amount of benefits so chargeable against eachbase period employer's account shall bear the same ratio to the total benefitspaid to the individual as the base period wages paid to the individual by theemployer bear to the total amount of base period wages paid to the individualby all of the individual's base period employers.  Benefits paid shall becharged to employers' accounts in the calendar year in which the benefits arepaid.

(b)  Benefits paid to an individual shall notbe charged against the account of any of the individual's base period employerson a contributory plan under section 383-61 when such benefits are:

(1)  Paid to an individual during any benefit year ifthe individual:

(A)  Left work voluntarily without good cause;or

(B)  Was discharged for misconduct connectedwith the individual's work; or

(C)  Left work voluntarily for good cause notattributable to the employer.

The chargeability of benefits to anemployer's account shall be determined in accordance with section 383-94 andother applicable provisions of this chapter, or as may be otherwise specifiedby the department;

(2)  Paid to an individual, who, during theindividual's base period, earned wages for part-time employment with anemployer, if the employer continues to give the individual employment to the sameextent while the individual is receiving benefits as during the base period andthe employer establishes such fact to the satisfaction of the director of laborand industrial relations;

(3)  Paid to an individual for the period theindividual is enrolled in and is in regular attendance at a vocational trainingor retraining course approved by the director pursuant to section 383-29;

(4)  Paid to an individual under the extended benefitsprogram, sections 383-168 to 383-174; except that one-half of the amount ofsuch benefits which are based on services performed for a governmental employeron a contributory plan shall be charged to the account of such employer;

(5)  Paid to an individual who qualifies to receivebenefits by meeting the minimum earnings and employment requirements only bycombining the individual's employment and wages earned in two or more states;

(6)  Benefits overpaid to a claimant as a result ofineligibility or disqualification under sections 383-29 and 383-30 unless suchoverpayment resulted from the employer's failure to furnish information asrequired by this chapter or the rules of the department; or

(7)  Benefits paid to an individual during any benefityear beginning September 13, l992 and thereafter shall not be charged tothe account of any base period employer from whose employment the individual isseparated as a direct result of a major disaster and would have been entitledto disaster unemployment assistance under the Stafford Disaster Relief andEmergency Assistance Act (P.L. 100-707) but for the receipt of unemploymentinsurance benefits paid under this chapter; provided that the employer mustpetition for relief of any charges to an employer's reserve account asrequested by the department and the director approves granting relief ofcharges.

(c)  The amount of noncharged benefits shallbear the same ratio to the total benefits paid to the individual as the baseperiod wages paid to the individual by the employer or employers not chargedbear to the total amount of base period wages paid to the individual by all ofthe individual's base period employers.  The noncharging provisions ofsubsection (b) shall not apply to governmental employers or nonprofitorganizations making payments in lieu of contributions under section 383-62.

(d)  For the purposes of the arrangements inwhich the department will participate pursuant to section 383-106(b) only,"base period" as used in this section means the base period of thisor any other state applied to a claim involving the combining of anindividual's wages and employment covered under two or more state unemploymentcompensation laws. [L 1939, c 219, §7(c)(2); am L 1941, c 304, §1, pt of subs21; RL 1945, §4250; am L 1949, c 316, §1(6); am L 1951, c 195, §1(6); am L1953, c 41, §1(8); am L 1955, c 80, §1(c); RL 1955, §93-64; am L 1957, c 205,§1(e); am L 1963, c 174, §1; HRS §383-65; am L 1969, c 8, §1; am L 1971, c 187,§8; am L 1973, c 120, §3; am L 1976, c 157, §5; am L 1977, c 148, §7; am L1984, c 229, §3; gen ch 1985; am L 1986, c 180, §2; am L 1993, c 342, §1]

 

Case Notes

 

  "Left his work voluntarily" as used in §§383-30(1)and 383-65 have the same meaning; striker not deemed to have left workvoluntarily; strike of itself, does not sever employer-employee relationship. 46 H. 164, 377 P.2d 932.

  Overpayment of benefits chargeable to employer's accountwhere overpayment due to employer's error in reporting claimant's earnings.  68H. 349, 714 P.2d 520.

  Cited:  44 H. 93, 94, 352 P.2d 856; 46 H. 140, 143, 377 P.2d715.