§383-65 - Charges and noncharges for benefits.

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

(b) Benefits paid to an individual shall not
be charged against the account of any of the individual's base period employers
on a contributory plan under section 383-61 when such benefits are:

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

(A) Left work voluntarily without good cause;
or

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

The chargeability of benefits to an
employer's account shall be determined in accordance with section 383-94 and
other applicable provisions of this chapter, or as may be otherwise specified
by the department;

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

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

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

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

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

(7) Benefits paid to an individual during any benefit
year beginning September 13, l992 and thereafter shall not be charged to
the account of any base period employer from whose employment the individual is
separated as a direct result of a major disaster and would have been entitled
to disaster unemployment assistance under the Stafford Disaster Relief and
Emergency Assistance Act (P.L. 100-707) but for the receipt of unemployment
insurance benefits paid under this chapter; provided that the employer must
petition for relief of any charges to an employer's reserve account as
requested by the department and the director approves granting relief of
charges.

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

(d) For the purposes of the arrangements in
which the department will participate pursuant to section 383-106(b) only,
"base period" as used in this section means the base period of this
or any other state applied to a claim involving the combining of an
individual's wages and employment covered under two or more state unemployment
compensation laws. [L 1939, c 219, §7(c)(2); am L 1941, c 304, §1, pt of subs
21; RL 1945, §4250; am L 1949, c 316, §1(6); am L 1951, c 195, §1(6); am L
1953, 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 L
1984, 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 work
voluntarily; strike of itself, does not sever employer-employee relationship.
46 H. 164, 377 P.2d 932.

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

Cited: 44 H. 93, 94, 352 P.2d 856; 46 H. 140, 143, 377 P.2d
715.