HAR 12-5 — HAWAII EMPLOYMENT SECURITY LAW (Subchapter 1 to 9)

For the purposes of this chapter, unless the context clearly requires otherwise: "Attached to a regular employer" means: (1) The employee is being offered work each week; or (2) If no work is being offered: (A) The employer is maintaining the individual on the payroll by paying f…

Notes Haw. Code R. §§ 12-5-10 to 12-5-12

Notes Haw. Code R. §§ 12-5-100 to 12-5-102

(a) An unemployed individual may elect to file a claim under this arrangement if that individual has covered employment under the unemployment insurance laws of two or more states. The individual may not file a claim under this arrangement if the individual has a current benefit …

Notes Haw. Code R. §§ 12-5-104 to 12-5-106

(a) The paying state shall request the transfer of a combined-wage claimant's employment and wages in all states during its base period, and shall determine the combined-wage claimant's entitlement to benefits (including, additional benefits, extended benefits, and dependents' al…

Notes Haw. Code R. §§ 12-5-108 to 12-5-110

(a) Each transferring state shall promptly transfer to the paying state the employment and wages the combined-wage claimant had in covered employment during the base period of the paying state. Any employment and wages so transferred shall be transferred without restriction as to…

Notes Haw. Code R. §§ 12-5-112 to 12-5-114

Employment and wages which have been used under this arrangement for a determination of benefits which establishes a benefit year shall not thereafter be used by any state as the basis for another monetary determination of benefits. Notes Haw. Code R. § 12-5-115 [Eff. 6/26/81] (A…

Notes Haw. Code R. §§ 12-5-116 to 12-5-118

Benefits paid to a claimant who is eligible for benefits only by combining the claimant's employment and wages in two or more states shall not be charged to the reserve account of any base period employer on a contributory plan. Notes Haw. Code R. § 12-5-119 [Eff. 6/26/81] (Auth:…

Notes Haw. Code R. §§ 12-5-120 to 12-5-122

Periodically the secretary shall review the operation of this arrangement and shall propose such amendments to the arrangement as the secretary believes are necessary or appropriate. Any state unemployment compensation agency or the interstate conference of employment security ag…

Notes Haw. Code R. §§ 12-5-124 to 12-5-128

Sections 12-5-133 to 12-5-157 shall govern the department in its administrative cooperation with other states adopting similar rules for the payment of benefits to interstate claimants and the recovery of overpayments. Notes Haw. Code R. § 12-5-129 [Eff. 6/26/81] (Auth: HRS § 383…

(a) Each employing unit having employment performed for it shall maintain records as indicated in this section. (1) For each worker, unless the department has ruled that the worker's services do not constitute employment: (A) Name; (B) Social security account number; (C) Type of …

Notes Haw. Code R. §§ 12-5-130 to 12-5-132

As used in Sections 12-5-129 to 12-5-157, unless the context clearly requires otherwise: "Agent state" means any state from or through which an individual files an interstate claim for benefits against another state; "Benefits" means the compensation payable to an individual, wit…

Notes Haw. Code R. §§ 12-5-134 to 12-5-135

The liable state will notify the agent state of each initial claim, reopened claim, claim transferred to interstate status, and each week claim filed from the agent state using uniform procedures and record format pursuant to the Interstate Benefit Payment Plan. Notes Haw. Code R…

(a) The agent state shall register for work each interstate claimant who files through the agent state, or upon notification of a claim filed directly with the liable state, as required by the law, regulations and procedures of the agent state. Such registration shall be accepted…

Notes Haw. Code R. §§ 12-5-138 to 12-5-140

Notes Haw. Code R. §§ 12-5-14 to 12-5-16

(a) If a claimant files a claim against any state, and it is determined by such state that the claimant has available benefit credits in such state, then claims shall be filed only against such state as long as benefit credits are available in that state. Thereafter, the claimant…

Notes Haw. Code R. §§ 12-5-142 to 12-5-144

(a) Claims for benefits or waiting period filed by an interstate claimant directly with the liable state shall be filed in accordance with the liable state=s procedures. (b) With respect to weeks of unemployment during which an individual is attached to a regular employer, the li…

Notes Haw. Code R. §§ 12-5-146 to 12-5-148

(a) The agent state shall, in connection with each claim filed by an interstate claimant, identify to the liable state in question, any potential issue relating to the claimant's availability for work and eligibility for benefits detected by the agent state. (b) The agent state's…

Notes Haw. Code R. § 12-5-150

(a) If an individual has a state or federal overpayment outstanding in a participating state and recovery is requested from another participating state, the requesting state shall perform the following duties: (1) Send the recovering state a written request for overpayment recove…

Notes Haw. Code R. § 12-5-152

(a) The agent state shall afford all reasonable cooperation in the taking of evidence and the holding of hearings in connection with appealed interstate benefit claims when so requested by a liable state. (b) With respect to the time limits imposed by the law of a liable state up…

Notes Haw. Code R. §§ 12-5-154 to 12-5-156

Sections 12-5-133 to 12-5-153 shall apply in all provisions to claims taken in and for Canada. Notes Haw. Code R. § 12-5-157 [Eff. 6/26/81] (Auth: HRS § 383-92) (Imp: HRS §§ 383-108, 383-109)

Notes Haw. Code R. §§ 12-5-158 to 12-5-162

Sections 12-5-167 to 12-5-183 shall govern the department in its administrative cooperation with other states subscribing to the interstate reciprocal coverage arrangement hereinafter referred to as "the arrangement". Notes Haw. Code R. § 12-5-163 [Eff. 6/26/81] (Auth: HRS § 383-…

Notes Haw. Code R. §§ 12-5-164 to 12-5-166

As used in Sections 12-5-171 to 12-5-183, unless the context clearly indicates otherwise: "Agency" means any officer, board, commission, or other authority charged with the administration of the unemployment insurance law of a participating jurisdiction; "Interested agency" means…

Notes Haw. Code R. §§ 12-5-168 to 12-5-170

(a) Every employing unit for which services are performed in employment shall file a report within twenty days after such services are first performed on forms provided by the department to determine liability for contributions. (b) At the time contributions are due and payable a…

(a) Any employing unit may file an election, on a form provided or approved by the elected jurisdiction, to cover under the law of a single participating jurisdiction all of the services performed for such employing unit by any individual who customarily works for such employing …

Notes Haw. Code R. §§ 12-5-172 to 12-5-174

(a) An election duly approved under section 12-5-171 shall become effective at the beginning of the calendar quarter in which the election was submitted unless the election, as approved, specified the beginning of a different calendar quarter. If the electing unit requests an ear…

Notes Haw. Code R. §§ 12-5-176 to 12-5-178

(a) The electing unit shall promptly notify each individual affected by its approved election, on a form supplied by the elected jurisdiction, and shall furnish the elected agency a copy of such notice. (b) Whenever an individual covered by an election under Section 12-5-171 is s…

Notes Haw. Code R. §§ 12-5-18 to 12-5-20

Notes Haw. Code R. §§ 12-5-180 to 12-5-182

The director hereby delegates to the administrator of the unemployment insurance division authority to approve or disapprove reciprocal coverage election in accordance with Section 12-5-171. Notes Haw. Code R. § 12-5-183 [Eff. 6/26/81] (Auth: HRS § 383-92) (Imp: HRS §§ 383-92, 38…

Notes Haw. Code R. §§ 12-5-184 to 12-5-188