Hawaii Revised Statutes 383-167 – Amendment or repeal of federal law, effect of; nonconformity, effect of
Terms Used In Hawaii Revised Statutes 383-167
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Hawaii Revised Statutes 383-1
- Contributions: means the money payments required by this chapter to be made into the state unemployment compensation fund by any employing unit on account of having individuals in its employ. See Hawaii Revised Statutes 383-1
- Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 383-1
- Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 383-1
- Employer: means :
(1) Any employing unit which for some portion of a day within the current calendar year has or had in employment one or more individuals; and
(2) For the effective period of its election pursuant to section 383-77, any other employing unit which has elected to become subject to this chapter. See Hawaii Revised Statutes 383-1
- Fund: means the unemployment compensation fund established by this chapter. See Hawaii Revised Statutes 383-1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: includes the states of the United States, the District of Columbia, Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 383-1
If at any time the governor finds that the federal Unemployment Tax Act has been amended or repealed by act of Congress, with the result that no portion of the contributions required by this chapter may be credited against the tax under the federal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 §§ 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.