§383-167 Amendment or repeal of federal law, effect of; nonconformity, effect of. If at any time the governor finds that the federal Unemployment Tax Act has been amended or repealed by act of Congress, with the result that no portion of the contributions required by this chapter may be credited against the tax under the federal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 sections 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. [L 1939, c 219, §21; am L 1941, c 304, §1, subs 39; RL 1945, §4301; RL 1955, §93-156; am L Sp 1959 2d, c 1, § §14, 27; am L 1963, c 114, §1; HRS §383-167; gen ch 1985]
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.