526-1 Short title
526-2 Definitions
526-3 Scope
526-4 Chapter supplemented by other law
526-5 Power to disclaim; general requirements; when irrevocable
526-6 Disclaimer of interest in property
526-7 Disclaimer of rights of survivorship in jointly held property
526-8 Disclaimer of interest by trustee
526-9 Disclaimer of power of appointment or other power not held in fiduciary capacity
526-10 Disclaimer by appointee, object, or taker in default of exercise of power of appointment
526-11 Disclaimer of power held in fiduciary capacity
526-12 Delivery or filing
526-13 When disclaimer barred or limited
526-14 Tax qualified disclaimer
526-15 Recording of disclaimer
526-16 Application to existing relationships
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Terms Used In Hawaii Revised Statutes > Chapter 526 - Uniform Disclaimer of Property Interests Act

  • Administration fund: means the special unemployment insurance administration fund established pursuant to § 383-127. See Hawaii Revised Statutes 383-1
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • American vessel: means any vessel documented or numbered under the laws of the United States; and includes any vessel which is neither documented or numbered under the laws of the United States nor documented under the laws of any foreign country, if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. See Hawaii Revised Statutes 383-1
  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Benefit year: means a period of fifty-two consecutive weeks beginning with the first day of the week in which an individual files a new valid claim for benefits; except that the benefit year shall be fifty-three weeks if the filing of a new valid claim would result in overlapping any quarter of the base year of a previously filed new claim. See Hawaii Revised Statutes 383-1
  • Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Hawaii Revised Statutes 383-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • crew leader: means an individual who:

              (A)  Furnishes individuals to perform service in agricultural labor for any other person;

              (B)  Pays (either on the crew leader's own behalf or on behalf of the other person) the individuals so furnished by the crew leader for the service in agricultural labor performed by them; and

              (C)  Has not entered into a written agreement with the other person under which the individual is designated as an employee of the other person. See Hawaii Revised Statutes 383-2

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 378-31
  • Department: means the department of labor and industrial relations. See Hawaii Revised Statutes 383-1
  • Director: means the director of labor and industrial relations. See Hawaii Revised Statutes 378-31
  • Director: means the director of labor and industrial relations of the State. See Hawaii Revised Statutes 383-1
  • Employee: includes any person suffered or permitted to work. See Hawaii Revised Statutes 378-31
  • Employee: includes an individual employed by the State or a political subdivision of the State. See Hawaii Revised Statutes 378-91
  • Employee: includes :

         (1)  A prospective employee who has applied for or otherwise actively expressed interest in employment with an employer; and

         (2)  An individual employed by the State or a political subdivision of the State. See Hawaii Revised Statutes 378-101

  • Employer: includes any individual, partnership, association, joint-stock company, trust, corporation, the personal representative of the estate of a deceased individual, or the receiver, trustee, or successor of any of the same, employing any persons, but shall not include the State or any political subdivision thereof or the United States. See Hawaii Revised Statutes 378-31
  • Employer: includes an agent of an employer or of the State or a political subdivision thereof, but does not include the United States. See Hawaii Revised Statutes 378-91
  • Employer: includes an agent of an employer or of the State or a political subdivision thereof but does not include the United States. See Hawaii Revised Statutes 378-101
  • Employer: means :

         (1)  Any employing unit which for some portion of a day within the current calendar year has or had in employment one or more individuals; and

         (2)  For the effective period of its election pursuant to § 383-77, any other employing unit which has elected to become subject to this chapter. See Hawaii Revised Statutes 383-1

  • Employer-owned communication device: means a device allowing for electronic communications, such as a mobile phone or tablet, that is owned or whose cost is reimbursed by the employer. See Hawaii Revised Statutes 378-101
  • Employing unit: means any individual or type of organization, including the State, any of its political subdivisions, any instrumentality of the State or its political subdivisions, any partnership, association, trust, estate, joint-stock company, insurance company, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor of any of the foregoing, or the legal representative of a deceased person, which has or subsequent to January 1, 1937, had one or more individuals performing services for it within this State. See Hawaii Revised Statutes 383-1
  • Employment: includes , but is not limited to, any service performed prior to January 1, 1978, which was employment as defined in this section prior to such date and, subject to the other provisions of this section, service performed after December 31, 1977, by an employee as defined in § 3306(i) and (o) of the federal Unemployment Tax Act, including service in interstate commerce. See Hawaii Revised Statutes 383-2
  • Employment office: means a free public employment office or branch thereof operated by the State or any other state as a part of a state-controlled system of public employment offices or by a federal agency charged with the administration of an unemployment compensation program or free public employment offices. See Hawaii Revised Statutes 383-1
  • Fiduciary: A trustee, executor, or administrator.
  • full-time work: means a forty-hour workweek unless regarded otherwise according to the standard practice, custom, or agreement in a particular trade, occupation, or business. See Hawaii Revised Statutes 383-1
  • Fund: means the unemployment compensation fund established by this chapter. See Hawaii Revised Statutes 383-1
  • Insured work: means employment for employers. See Hawaii Revised Statutes 383-1
  • Inter vivos: Transfer of property from one living person to another living person.
  • Intestate: Dying without leaving a will.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Mobile application: means a type of application software designed to run on a mobile electronic device, such as a smartphone or tablet computer. See Hawaii Revised Statutes 378-101
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal communication device: means a device allowing for electronic communication, including a mobile phone and tablet, that is not owned, or the cost of which is not reimbursed, by the employer. See Hawaii Revised Statutes 378-101
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Referee: means the referee for unemployment compensation appeals. See Hawaii Revised Statutes 383-1
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Statute: A law passed by a legislature.
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the states, the District of Columbia, and the Commonwealth of Puerto Rico; and, after December 31 of the year in which the Secretary of Labor approves for the first time an unemployment insurance law of the Virgin Islands submitted to the Secretary of Labor for approval, the term "United States" shall also include the Virgin Islands. See Hawaii Revised Statutes 383-2
  • Week: means a period of seven consecutive calendar days commencing with Sunday and ending at midnight the following Saturday. See Hawaii Revised Statutes 383-1