§385-2  Definitions, generally.  As usedin this chapter, unless the context clearly requires otherwise:

"Additional unemployment benefits"means the unemployment compensation benefits payable under this chapter.

"Benefit year" refers to"benefit year" as that term is defined in section 383-1.

"Claimant" means an individual:

(1)  Who has an unexpired benefit year and hasexhausted normal benefits; or

(2)  Whose benefit year expired, or whose normalbenefits were exhausted, within a period of twenty-six consecutive weeksimmediately preceding the week in which the proclamation provided for insection 385-1 became effective; or

(3)  Who was employed during the week in which thegovernor's proclamation pursuant to section 385-1 became effective, but who becameunemployed and whose total earned wages are insufficient for normal benefits;or

(4)  Whose unemployment was proximately caused by thedisaster identified by the governor in the proclamation provided for in section385-1 and was self-employed during the week in which the disaster occurred.

"Director" means the director oflabor and industrial relations of the State.

"Fund" means the additionalunemployment compensation fund established by this chapter.

"Normal benefits" means theunemployment compensation benefits payable pursuant to chapter 383.

"Owner-employee" means a person whohas performed services for an employing unit as defined in section 383-1, andwho is or has been a shareholder owning twenty-five per cent or more of thecorporation's common stock, and director or officer, or both, of a corporationwhich is or was the employing unit or who exercises a substantial degree ofcontrol over the direction of corporate activities.

"Unemployment".  An individual shallbe deemed "unemployed" in any week during which the individualperforms no services and with respect to which no wages are receivable by theindividual, or in any week of less than full-time work if the wages receivableby the individual with respect to such week are less than the individual'sweekly benefit amount payable under this chapter.

"Wages" means all remuneration forservices from whatever source, including commissions and bonuses, remunerationfrom self-employment, tips or gratuities paid directly to an individual by acustomer of the employer and reported to the employer for payroll tax deductionpurposes, and the cash value of all remuneration in any medium other thancash.  The reasonable cash value of remuneration in any medium other than cashshall be estimated and determined in accordance with rules prescribed by thedirector.  For the purposes of this chapter, "wages" does not includethe amount of payment or remuneration set forth in section 383-11.

"Week" means any period of sevenconsecutive days as the director may by rule prescribe. [L 1961, c 157, pt of§1; Supp, §93B-3; HRS §385-2; am L 1982, c 20, §5; gen ch 1985; am L 1986, c162, §7 and c 288, §2]

 

Revision Note

 

  In definition of "benefit year", "383-1"substituted for "383-1(3)".