Bill Text: HI SB1146 | 2014 | Regular Session | Introduced
Bill Title: Employment Security Law
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB1146 Detail]
Download: Hawaii-2014-SB1146-Introduced.html
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THE SENATE |
S.B. NO. |
1146 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EMPLOYMENT SECURITY LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 383, Hawaii Revised Statutes, is amended by adding to part III a new section to be appropriately designated and to read as follows:
"§383- Income tax refund offsets. Effective April 1, 2013, any employer in default of contributions, advance payments, or reimbursement may be subject to offset of federal tax refund payments of the amount owed, including penalties, interest, costs, and administrative fees."
SECTION 2. Section 383-33, Hawaii Revised Statutes, is amended to read as follows:
"§383-33 Determinations, in general. (a)
A determination upon a claim filed pursuant to section 383-32 shall be made
promptly by a representative of the department of labor and industrial
relations authorized to make determinations upon claims and shall include a
statement as to whether and in what amount the [claimant] individual
is entitled to benefits for the week with respect to which the determination is
made and, in the event of a denial, shall state the reasons therefor. A
determination with respect to the first week of a benefit year shall also
include a statement as to whether the [claimant] individual has
been paid the wages required under section 383-29(a)(5) and, if so, the first
day of the benefit year, the [claimant's] individual's weekly
benefit amount, and the maximum total amount of benefits payable to the [claimant]
individual with respect to such benefit year.
(b) If any employer fails to furnish
the information necessary to determine whether and in what amount the [claimant]
individual is entitled to benefits in the manner and within the time
specified by this chapter or regulations of the department, the department
shall make a determination based upon such information as is available. [In]
Prior to October 1, 2013, in the absence of fraud, any redetermination
made on the basis of information furnished by the employer after the prescribed
period shall be effective only as to benefits paid after the week in which the
information was received. In the absence of a showing by the employer
satisfying the department that the employer could not reasonably comply with
the department's requirement, any benefits overpaid prior to the effective date
of the redetermination as a result of the employer's failure to furnish the
information as required shall be charged entirely against the account of the
noncomplying employer; provided that the overpaid benefits shall not, in any
event, be recoverable from the [claimant.] individual. Any
redetermination issued on or after October 1, 2013, on the basis of information furnished by the employer or the agent of the employer after the prescribed
period shall be effective upon the date of the redetermination. The entire
amount of benefits overpaid due to the employer's or agent of the employer's
failure to respond timely or adequately to the agency's request for information
as required shall be charged against the account of the noncomplying employer."
SECTION 3. Section 383-44, Hawaii Revised Statutes, is amended to read as follows:
"§383-44 Recovery of benefits
paid. (a) Any [person] individual who has received any
amount as benefits under this chapter to which the [person] individual
was not entitled shall be liable for the amount unless the overpayment was
received without fault on the part of the recipient and its recovery would be
against equity and good conscience. Notice of redetermination in these cases
shall specify that the [person] individual is liable to repay to
the fund the amount of overpaid benefits, the basis of the overpayment, and the
week or weeks for which the benefits were overpaid.
(b) Determinations or redeterminations dated on or after October 1, 2013, that an individual has been overpaid benefits under any state or federal unemployment compensation program and is disqualified under section 383-30(5) shall include a penalty assessment amount equal to fifteen per cent of the overpaid amount. Penalty assessments collected under this section shall be deposited in the unemployment compensation fund.
[(b)] (c) The [person] individual
liable, in the discretion of the department, shall [either] repay the overpaid
amount and the penalty assessment amount to the department for the fund
or have the overpaid amount only deducted from any future
benefits payable to the [person] individual under this chapter
within two years after the date of mailing of the notice of redetermination or
the final decision on an appeal from the redetermination. Effective April 1, 2013, the overpaid benefits amount and the penalty assessment amount, costs, and
administrative fees may be deducted from federal income tax refunds.
[(c)] (d) Notwithstanding any
other provision of this chapter, the department, by agreement with another
state or the United States as provided under section 303(g) of the Social
Security Act, may recover any overpayment of benefits paid to any individual
under the laws of this State or of another state or under an unemployment
benefit program of the United States. Any overpayments subject to this
subsection may be deducted from any future benefits payable to the individual under
the laws of this State or of another state or under an unemployment program of
the United States. The penalty assessment amount shall not be subject to
recovery by deduction from future benefits payable.
[(d)] (e) In any case in which
under this section an individual is liable to repay any amount to the
department, the [amount] overpaid benefits amount, the penalty assessment
amount, costs, and administrative fees shall be collectible without
interest by civil action in the name of the State by the attorney
general."
SECTION 4. Section 383-123, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Withdrawals. Moneys requisitioned
from the State's account in the unemployment trust fund shall be used
exclusively for the payment of benefits [and for], refunds of
contributions pursuant to section 383-76 and section 383-7(a)(6), and for
payment of fees authorized under section 6402(f) of the Internal Revenue Code,
except that moneys credited to this State's account pursuant to section 903 of
the Social Security Act, as amended, shall be used exclusively as provided in
subsection (b). The director of finance shall from time to time, with the
approval of the department of labor and industrial relations in accordance with
rules prescribed by the comptroller of the State, requisition from the
unemployment trust fund such amounts, not exceeding the amount in the State's
account, as it deems necessary for the payment of benefits and refunds of
contributions for a reasonable future period. The moneys shall be deposited in
the benefit account. Expenditures of such moneys in the benefit account and
refunds from the clearing account shall not be subject to any provisions of law
requiring specific appropriations or other formal release by state officers of
moneys in their custody. All benefits and refunds of contributions shall be
paid from the fund upon warrants drawn upon the director of finance by the
comptroller of the State supported by vouchers approved by the department. Any
balance of moneys requisitioned from the unemployment trust fund that remains
unclaimed or unpaid in the benefit account after the expiration of the period
for which the sums were requisitioned shall either be deducted from estimates
for, and may be used for the payment of, benefits and refunds during succeeding
periods or, in the discretion of the department, shall be redeposited with the
Secretary of the Treasury of the United States, to the credit of this State's
account in the unemployment trust fund, as provided in section 383-122."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act, upon its approval, shall take effect on April 1, 2013.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Employment Security Law
Description:
Prohibits noncharging of an employer's account when the employer (or agent) is at fault and imposes a fifteen per cent penalty on fraudulent benefit overpayments effective October 1, 2013; provides for deductions from federal income tax refunds to recover delinquent debts effective April 1, 2013; and allows the withdrawal of fees from the unemployment trust fund effective April 1, 2013
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
