Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW
Subchapter 1 - ADMINISTRATION AND ENFORCEMENT
Section 12-5-23 - Noncharges for benefits

Universal Citation: HI Admin Rules 12-5-23

Current through August, 2024

(a) Employment and wages which have been used for a determination of benefits which establishes a benefit year shall not thereafter be used as the basis for another monetary determination of benefits, except where amendments to chapter 383, Hawaii Revised Statutes, affect the method of computing base periods or otherwise require reuse of base period wages. Where reuse of base period wages is authorized, benefit costs attributable to wages used in a previous benefit year that are available for a second benefit year shall not be charged against the account of any base period employer.

(b) The noncharge provided in section 383-65(b)(2), Hawaii Revised Statutes, shall apply only if all of the following conditions are satisfied:

(1) The part-time employment provided by the employer continues uninterrupted from the base period to the period during which the individual is receiving benefits; and

(2) The individual worked or could have worked substantially the same number of hours each pay period at gross wages which equal or exceed the average gross wages per pay period in the base period.

(3) The employer shall provide whatever information is reasonable and necessary for the department to determine if each of the above conditions is satisfied.

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