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Thursday, May 2, 2013
Starting in October: 15% Penalty on Overpaid Unemployment Comp
By Selected News Articles @ 7:18 AM :: 4452 Views :: Labor, Small Business, Taxes

Hawaii amends its UI law on various topics

From CCH.com

Hawaii has amended its Employment Security Law as follows:

Income tax refund offsets. Effective April 1, 2013, any employer in default of contributions, advance payments, or reimbursements may be subject to offset of its federal tax refund payments of the amount owed, including penalties, interest, costs, and administrative fees. In addition, and also effective April 1, 2013, any overpaid benefits amount, as well as the penalty assessment amount, costs, and administrative fees, may be deducted from a claimant’s federal income tax refund. Note that the penalty assessment amount will not be subject to recovery by deduction from future benefits payable and will be collectible without interest by civil action.

Benefits charged to employer. 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 will be effective upon the date of the redetermination. In addition, 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 will be charged against the account of the noncomplying employer.

Penalty assessments on overpaid benefits. 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 the Hawaii UI law will include a penalty assessment amount equal to 15% of the overpaid amount. Penalty assessments so collected will be deposited in the unemployment compensation fund.

Withdrawals from trust fund. Monies requisitioned from the state's account in the unemployment trust fund will be used exclusively for the payment of benefits, refunds of contributions, and for payment of fees authorized under IRC §6402(f), except that monies credited to the state's account pursuant to §903 of the Social Security Act will be used for their specified purposes.

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