HAR §12-5-68. Retirement payments

As used in section 383-23.5, Hawaii Revised Statutes: 23 (1) "Is receiving a pension" means a pension actually received or a pension applied for and determined by the authorities responsible for administering the pension program to be payable in specified amounts for the same period that unemployment insurance benefits are payable and the individual is only awaiting receipt of those payments; provided that if the individual is subsequently determined ineligible for the pension, the individual shall be entitled to unemployment insurance benefits previously denied under section 383-23.5, Hawaii Revised Statutes, if the individual is otherwise eligible; (2) "One-half the prorated weekly amount" means the amount obtained by dividing the "prorated weekly amount" by two and round the quotient to the nearest cent; (3) "Pension (which shall include a governmental or other pension, retirement or retired pay, annuity, or any other similar periodic payment)" includes: (A) Primary social security old-age and disability retirement benefits; (B) State and local government pension of all types; (C) Federal civil service pensions, including disability pensions; (D) Pensions from private profit or nonprofit employers; (E) Military retirement and disability retirement pensions; (F) Railroad retirement annuities; and (G) Benefits derived from individual retirement accounts; (4) The term "pension" does not include: (A) Disability compensation, such as: (i) Military service-connected disability compensation payable under 38 U.S.C. chapter 11; (ii) Temporary disability insurance; (iii) Workers' compensation; and (iv) Any other type of payment based on disability rather than on the previous work of the individual and which bears no direct relationship to the level of the individual's prior remuneration or length of past service; (B) Payments received by an individual such as a survivor or widow which are not based on that individual's previous work, except that if that individual qualifies for primary social security retirement benefits based on the individual=s previous work but elects to collect secondary social security retirement benefits as a widow or survivor based on the spouse=s previous work, the individual=s weekly benefit amount shall be reduced by the amount the individual would have received in primary social security old-age and disability retirement benefits; or (C) Severance pay and separation payment; and (5) "Prorated weekly amount" means the amount obtained by multiplying the monthly amount of an individual's pension by twelve, dividing the product obtained thereby by fifty-two, and rounding the quotient to the nearest cent. [Eff. 12/31/84; am 10/12/00] (Auth: HRS '383-92) (Imp: HRS '383-23.5) ''12-5-69 to 12-5-72 (Reserved) 24 25 SUBCHAPTER 3 CLAIMS FOR BENEFITS; DETERMINATIONS; APPEALS Historical Note: Subchapter 3 is based substantially upon Regulation III of the Rules and Regulations of the Department of Labor and Industrial Relations relating to Claims for Benefits, Determinations and Appeals. [Eff. 7/15/51; am 7/5/53; am 10/1/55; am 12/16/76; R 6/26/81]