§383-127 Special unemployment insurance administration fund. (a) There is created in the state treasury a special fund to be known as the special unemployment insurance administration fund. All interest, fines, and penalties collected under this chapter on and after October 1, 1987, shall be paid into this fund and shall not be commingled with other state funds but maintained in a separate account on the books of the depository. Interest earned upon moneys in the administration fund shall be deposited and credited to the administration fund.
All moneys payable to the administration fund shall be transferred immediately into the administration fund from the clearing account of the unemployment compensation fund. The director of finance shall be the treasurer and custodian of the administration fund and shall administer the fund in accordance with directions by the director of labor and industrial relations. The director of finance shall be liable on the director's official bond for the faithful performance of all duties in connection with the administration fund. All sums recovered on such surety bond for losses sustained by the administration fund shall be deposited into the fund.
(b) Notwithstanding any other provisions of this section to the contrary, the moneys in the administration fund shall be used for the payment of the following expenses and obligations relating to the administration of the unemployment insurance program:
(1) Refunds or adjustments of interest on delinquent contributions and penalties or fines erroneously collected under this chapter;
(2) Expenses for which allocation of federal funds have been duly requested but not yet received, subject to the reimbursement of the expenditures against the funds received;
(3) Expenditures deemed necessary by the director in the administration of this chapter for which no allocations of federal administration funds have been made; and
(4) Interest due under the provisions of section 1202(b) of the Social Security Act, as amended, for advances made to the unemployment compensation fund.
(c) No moneys in the administration fund shall be expended for any purpose for which federal funds would otherwise be available.
(d) All expenditures from the administration fund, except for refunds of penalties and interest erroneously collected, shall be approved by the director.
(e) All moneys deposited or paid into the administration fund shall be continuously available to the director for expenditures consistent with this section and shall not lapse at any time. The director may transfer moneys deposited in the administration fund to the unemployment compensation fund as the director deems necessary.
(f) Twenty days before the convening of the legislature in regular session each year, the director shall submit a report to the legislature on the financial status of the special unemployment insurance administration fund. [L 1987, c 119, §1; am L 1988, c 77, §1]
Revision Note
Section renumbered by revisor pursuant to §23G-15.
Structure Hawaii Revised Statutes
Title 21. Labor and Industrial Relations
383. Hawaii Employment Security Law
383-2 Definition of employment.
383-4 Election of employing unit.
383-5 Service localized where.
383-6 Master and servant relationship, not required when.
383-7.5 Part-time work; benefits available.
383-7.6 Separation for compelling family reason.
383-8 Included and excluded service.
383-12 Requirement to post work availability online.
383-22 Weekly benefit amount; computation, minimum and maximum.
383-23 Weekly benefit for unemployment.
383-24 Maximum potential benefits.
383-29 Eligibility for benefits.
383-29.5 Benefits during training.
383-29.6 Partial unemployment; eligibility.
383-29.7 Partial unemployment; claim filing requirements, determinations.
383-29.8 Partial unemployment; waivers.
383-29.9 Partial unemployment; reporting requirements.
383-30 Disqualification for benefits.
383-30.5 Good cause for separation from part-time employment.
383-31 Posting of information.
383-33 Determinations, in general.
383-34 Reconsideration of determination.
383-35 Appeal pending when redetermination issued.
383-36 Notice of determinations.
383-38 Appeals, filing, and hearing.
383-40 Conclusiveness of determinations and decisions.
383-44 Recovery of benefits paid.
383-61 Payment of contributions; wages not included.
383-61.5 Special assessments on employers to pay interest on loans from Secretary of Labor.
383-62.5 Treatment of Indian tribes.
383-63 Definitions for experience rating provisions.
383-64 Credits for contributions; destruction of employer accounts and records.
383-65 Charges and noncharges for benefits.
383-66 Contribution rates, how determined.
383-68 Contribution rate schedules; fund solvency rate schedule; rates based on experience.
383-69 Procedure for rate determination.
383-70 Contributions; levy; returns; assessments.
383-71 Collection of delinquent contributions.
383-72 Priorities under legal dissolutions or distributions.
383-73 Penalty for delinquency; remission
383-74 Appeal; correction of assessment or contributions.
383-76 Refunds and adjustments.
383-77 Employers' coverage, election.
383-79 Combining services performed for predecessor and successor employing units.
383-80 Income tax refund offsets.
383-91 Duties and powers of department, director.
383-93 Investigation of unemployment hazard.
383-95 Disclosure of information.
383-100 Protection against self-incrimination.
383-101 Relation to chapter 371.
383-102 Preservation and destruction of records.
383-103 Representation in civil and criminal actions.
383-104 State employment service.
383-105 Federal-state cooperation.
383-106 What reciprocal arrangements authorized.
383-107 Reimbursement payments deemed benefits, when.
383-108 Cooperation with states, etc.
383-109 Cooperation with foreign governments.
383-110 Personnel security program; criminal history record checks.
383-121 Unemployment compensation trust fund; establishment and control.
383-121.5 Renumbered as §383-127.
383-123 Withdrawals; administrative use.
383-124 Relation to unemployment trust fund.
383-125 Financing employment security administration.
383-126 Reimbursement of fund.
383-126.5 Evaluation of fund balance adequacy.
383-127 Special unemployment insurance administration fund.
383-128 Employment and training fund established.
383-129 Employment and training assessment.
383-141 Falsely obtaining benefits, etc.
383-161 Waiver of rights void.
383-163 No assignment of benefits; waiver.
383-163.5 Child support intercept of unemployment benefits.
383-163.7 Deduction and withholding of uncollected food stamp overissuances.
383-164 Nonliability of State.
383-165 Saving clause, amendment, or repeal.
383-166 Conformity with federal law.
383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of.
383-170 Eligibility requirements for extended benefits.
383-171 Weekly extended benefit amount.
383-172 Total extended benefit amount.
383-173 Beginning and termination of extended benefit period.
383-176 Limitation of extended benefits by trade readjustment allowance.