Terms Used In Hawaii Revised Statutes 383-168

• Additional benefits: means benefits payable to exhaustees by reason of conditions of high unemployment or by reason of other special factors under the provisions of any state law, including but not limited to chapter 385. See Hawaii Revised Statutes 383-168
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Benefit year: means a period of fifty-two consecutive weeks beginning with the first day of the week in which an individual files a new valid claim for benefits; except that the benefit year shall be fifty-three weeks if the filing of a new valid claim would result in overlapping any quarter of the base year of a previously filed new claim. See Hawaii Revised Statutes 383-1
• 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
• Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 383-1
• Employment: includes , but is not limited to, any service performed prior to January 1, 1978, which was employment as defined in this section prior to such date and, subject to the other provisions of this section, service performed after December 31, 1977, by an employee as defined in section 3306(i) and (o) of the federal Unemployment Tax Act, including service in interstate commerce. See Hawaii Revised Statutes 383-2
• Exhaustee: means an individual who, with respect to any week of unemployment in the individual's eligibility period:
  (A) Has received, prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents' allowances and benefits payable to federal civilian employees and ex-servicemen under 5 United States Code chapter 85) in the individual's current benefit year that includes such week; provided that for the purposes of this subparagraph, an individual shall be deemed to have received all of the regular benefits that were available to the individual although, as a result of a pending appeal with respect to wages and/or employment that were not considered in the original monetary determination in the individual's benefit year, the individual may subsequently be determined to be entitled to added regular benefits; or
  (B) The individual's benefit year having expired prior to such week has no, or has insufficient, wages and/or employment on the basis of which the individual could establish a new benefit year that would include such week; and
  (C)

  (i) Has no right to unemployment benefits or allowances, as the case may be, under the Railroad Unemployment Insurance Act, the Trade Expansion Act of 1962, the Automotive Products Trade Act of 1965, and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

  (ii) Has not received and is not seeking unemployment benefits under the unemployment compensation law of the Virgin Islands or of Canada; but if the individual is seeking such benefits and the appropriate agency finally determines that the individual is not entitled to benefits under such law the individual is considered an exhaustee; provided that this provision shall not be applicable to benefits under the Virgin Islands law beginning on the day after the day on which the United States Secretary of Labor approves under section 3304(a) of the Internal Revenue Code of 1954 an unemployment compensation law submitted by the Virgin Islands for approval. See Hawaii Revised Statutes 383-168
• Extended benefit period: means a period which:
  (A) Begins with the third week after the first week for which there is a state "on" indicator; and
  (B) Ends with either of the following weeks, whichever occurs later:

  (i) The third week after the first week for which there is a state "off" indicator; or

  (ii) The thirteenth consecutive week of such period; provided that no extended benefit period may begin before the fourteenth week following the end of a prior extended benefit period which was in effect with respect to this State. See Hawaii Revised Statutes 383-168
• Extended benefits: means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 United States Code chapter 85) payable to an individual under the provisions of this part for weeks of unemployment in the individual's eligibility period. See Hawaii Revised Statutes 383-168
• Regular benefits: means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and ex-servicemen pursuant to 5 United States Code chapter 85) other than extended benefits and additional benefits. See Hawaii Revised Statutes 383-168
• State: includes the states of the United States, the District of Columbia, Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 383-1
• State law: means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code of 1954. See Hawaii Revised Statutes 383-168
• United States: includes the states, the District of Columbia, and the Commonwealth of Puerto Rico; and, after December 31 of the year in which the Secretary of Labor approves for the first time an unemployment insurance law of the Virgin Islands submitted to the Secretary of Labor for approval, the term "United States" shall also include the Virgin Islands. See Hawaii Revised Statutes 383-2
• Week: means a period of seven consecutive calendar days commencing with Sunday and ending at midnight the following Saturday. See Hawaii Revised Statutes 383-1
• Week of unemployment: means a week in which an individual is deemed unemployed. See Hawaii Revised Statutes 383-1