HAR §12-5-103. Election to file a combined-wage claim

(a) An unemployed individual may elect to file a claim under this arrangement if that individual has covered employment under 37 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. [Eff. 6/26/81] (Auth: HRS '383-92) (Imp: HRS ''383-92, 383-106) ''12-5-104 to 12-5-106 (Reserved) '12-5-107 Responsibility of the paying state; transfer of employment and wages; payment of benefits. (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' allowances when applicable) under the provisions of its law based on employment and wages in the paying state, if any, and all such employment and wages transferred to it thereunder. The paying state shall apply all the provisions of its law to each determination made thereunder, even if the combined-wage claimant has no earnings in covered employment in that state, except that the paying state may not determine an issue which has previously been adjudicated by a transferring state. If the paying state fails to establish a benefit year for the combined-wage claimant, or if the claimant withdraws such claim as provided herein, the paying state shall return to each transferring state all employment and wages. (b) The paying state shall give to the claimant a notice of each of its determinations on the claimant's combined-wage claim that the claimant is required to receive under the Secretary's claim determinations standard, and the contents of each such notice shall meet such standard. When the claimant has filed a combined-wage claim in a state other than the paying state, the paying state shall send a copy of each such notice to the local office in which the claimant filed such claims. (c) Redeterminations may be made by the paying state in accordance with its law based on additional or corrected information received from any source, including a transferring state, except that such information shall not be used as a basis for changing the paying state if benefits have been paid under the combined-wage claim. 38 (d) Appeals shall be filed as follows: (1) Except as provided in paragraph (3), where the claimant files a combined-wage claim in the paying state, any protest, request for redetermination, or appeal shall be in accordance with the law of such state. (2) Where the claimant files a combined-wage claim in a state other than the paying state, or under the circumstances described in paragraph (3), any protest, request for redetermination, or appeal shall be in accordance with the interstate benefit payment plan. (3) To the extent that any protest, request for redetermination, or appeal involves a dispute as to the coverage of the employing unit or services in a transferring state, or otherwise involves the amount of employment and wages subject to transfer, the protest, request for redetermination, or appeal shall be decided by the transferring state in accordance with its law. (e) If there is an overpayment outstanding in a transferring state and such transferring state so requests, the overpayment shall be deducted from any benefits the paying state would otherwise pay to the claimant on the claimant's combined-wage claim except to the extent prohibited by the law of the paying state. The paying state shall transmit the amount deducted to the transferring state or credit the deduction against the transferring state's required reimbursement under this arrangement. This subsection shall apply to overpayments only if the transferring state certifies to the paying state that the determination of overpayment was made within three years before the combined-wage claim was filed and that repayment by the claimant is legally required and enforceable against the claimant under the law of the transferring state. (f) At the close of each calendar quarter, the paying state shall send each transferring state a statement of benefits charged during such quarter to such state for each combined-wage claimant. Each such charge shall bear the same ratio to the total benefits paid to the combined-wage claimant by the paying state as such claimant's wages transferred by the transferring state bear to the total wages used in such determination. The computation of such ratio shall be to three or more decimal places. [Eff. 6/26/81] (Auth: HRS '383-92) (Imp: HRS ''383-92, 383-106) ''12-5-108 to 12-5-110 (Reserved)