§383-65 Charges and noncharges for benefits. (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.

(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 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 section 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 section 383-29;

(4) Paid to an individual under the extended benefits program, sections 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 sections 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, l992 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. [L 1939, c 219, §7(c)(2); am L 1941, c 304, §1, pt of subs 21; RL 1945, §4250; am L 1949, c 316, §1(6); am L 1951, c 195, §1(6); am L 1953, c 41, §1(8); am L 1955, c 80, §1(c); RL 1955, §93-64; am L 1957, c 205, §1(e); am L 1963, c 174, §1; HRS §383-65; am L 1969, c 8, §1; am L 1971, c 187, §8; am L 1973, c 120, §3; am L 1976, c 157, §5; am L 1977, c 148, §7; am L 1984, c 229, §3; gen ch 1985; am L 1986, c 180, §2; am L 1993, c 342, §1]

Revision Note

In subsection (b)(1)(A), "or" deleted pursuant to §23G-15.

Case Notes

"Left his work voluntarily" as used in §§383-30(1) and 383-65 have the same meaning; striker not deemed to have left work voluntarily; strike of itself, does not sever employer-employee relationship. 46 H. 164, 377 P.2d 932 (1962).

Overpayment of benefits chargeable to employer's account where overpayment due to employer's error in reporting claimant's earnings. 68 H. 349, 714 P.2d 520 (1986).

Cited: 44 H. 93, 94, 352 P.2d 856 (1960); 46 H. 140, 143, 377 P.2d 715 (1962).