Hawaii Administrative Rules
Title 12 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS
Chapter 5 - HAWAII EMPLOYMENT SECURITY LAW
Subchapter 4 - COMBINING OF WAGE CREDITS
Section 12-5-103 - Election to file a combined-wage claim

Universal Citation: HI Admin Rules 12-5-103

Current through August, 2024

(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 year with available benefits under any state or federal law.

(b) For the purpose of this arrangement, a claimant shall not be considered to have unused benefit rights under a law if:

(1) The claimant's rights to such benefits have been postponed for an indefinite period or for the entire period in which benefits would otherwise be payable; or

(2) Benefits are affected by the application of a seasonal restriction.

(c) If an individual elects to file a combined-wage claim, all wages and employment in all states in which the individual worked during the base period of the paying state shall be included in the combining, except wages and employment which are not transferrable.

(d) A combined-wage claimant may withdraw a combined-wage claim within the period prescribed by the law of the paying state for filing an appeal, protest, or request for redetermination from the monetary determination of a combined-wage claim. Such claimant shall, however, either:

(1) Repay in full any benefits paid to such claimant under this arrangement; or

(2) Authorize the state(s) against which such claimant claims benefits to withhold and forward to the paying state a sum sufficient to repay such benefits.

(e) If the combined-wage claimant files a combined-wage claim in a state other than the paying state, such claimant shall do so in accordance with the interstate benefit payment plan.

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