(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.
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Terms Used In Hawaii Revised Statutes 383-65

  • 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
  • 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

  • employment: includes services constituting employment under any employment security law of another state or of the federal government. See Hawaii Revised Statutes 383-61
  • State: includes the states of the United States, the District of Columbia, Puerto Rico, and Virgin Islands. See Hawaii Revised Statutes 383-1
  • wages: as used in this part does not include remuneration in excess of $13,000 paid with respect to employment to an individual by an employer so long as the balance of the unemployment trust fund does not fall below the adequate reserve fund as specified by § 383-63. See Hawaii Revised Statutes 383-61
(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 contributions; wages not included” class=”unlinked-ref” datatype=”S” sessionyear=”2022″ statecd=”HI”>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;
(B) Was discharged for misconduct connected with the individual’s work; or
(C) Left work voluntarily for good cause not attributable to the employer.

The chargeability of benefits to an employer’s account shall be determined in accordance with § 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 § 383-29;
(4) Paid to an individual under the extended benefits program, §§ 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 §§ 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, 1992 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.

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