HAR §12-5-133. Definitions

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 41 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. [Eff. 6/26/81; am 10/12/00; am 11/6/06] (Auth: HRS '383-92) (Imp: HRS ''383-92, 383-108) ''12-5-134 to 12-5-135 (Reserved)