Hawaii Administrative Rules › Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW › Subchapter 5 - BENEFITS TO INTERSTATE CLAIMANTS › Section 12-5-133 - Definitions

Current through June, 2024
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,
				  with respect to that individual's unemployment, under the unemployment
				  insurance law of any state;
"Interstate benefit payment plan" means the plan approved by
				  the interstate conference of employment security agencies under which benefits
				  shall be payable to unemployed individuals absent from the state in which
				  benefit credits have been accumulated;
"Interstate claimant" means an individual who files an
				  interstate claim for benefits from another state under the unemployment
				  insurance law of a liable state, through the facilities of an agent state, or
				  directly with the liable state. The term Ainterstate claimant@ shall not
				  include any individual who customarily commutes across state lines from a
				  residence in one state to work in a liable state unless the department finds
				  that this exclusion would create undue hardship on such claimants in specific
				  areas;
"Liable state" means any state against which an individual
				  files, from or through another state, an interstate claim for benefits;
"Offset" means the withholding of the overpaid amount against
				  benefits which would otherwise be payable for a compensable week of
				  unemployment;
"Overpayment" means an improper payment of benefits, from a
				  state or federal unemployment compensation fund, that has been determined
				  recoverable under the requesting state's law;
"Participating state" means a state which has subscribed to
				  the Interstate Reciprocal Overpayment Recovery Arrangement;
"Paying state" means the state under whose law a claim for
				  unemployment benefits has been established on the basis of combining wages and
				  employment covered in more than one state;
"Recovering state" means the state that has received a
				  request for assistance from a requesting state;
"Requesting state" means the state that has issued a final
				  determination of overpayment and is requesting another state to assist it in
				  recovering the outstanding balance from the overpaid individual;
"State" includes the states of the United States of America,
				  the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin
				  Islands;
"Transferring state" means a state in which a combined wage
				  claimant had covered employment and wages in the base period of a paying state,
				  and which transfers such employment and wages to the paying state for its use
				  in determining the benefit rights of such claimant under its law.
"Week of unemployment" includes any week of unemployment as
				  defined in the law of the liable state from which benefits with respect to such
				  week are claimed.