Recovery of benefits paid
HRS §383-44
in effect383-44. Recovery of benefits paid
(a) Any individual who has received any amount as benefits under this chapter to which the 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 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.
(c) The individual liable, in the discretion
of the department, shall 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 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.
(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.
(e) In any case in which under this section an
individual is liable to repay any amount to the department, the 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.
[L 1939, c 219, §15; RL 1945, §4292; am L 1953, c 22, §1(3);
am L 1955, c 51, §1(5); RL 1955, §93-43; am L 1959, c 232, §1; am L Sp 1959 2d,
c 1, §27; HRS §383-44; gen ch 1985; am L 1993, c 176, §1; am L 2013, c 3, §3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol07_Ch0346-0398/HRS0383/HRS_0383-0044.htmFetched: 11/10/2026