Ky. Rev. Stat. Ann. ch. 341 – Unemployment Compensation | Midpage

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Kentucky Revised Statutes

Chapter 341

Ky. Rev. Stat. Ann. ch. 341

Unemployment Compensation

Commonwealth of Kentucky

341.005Definitions for chapter.341.020Definitions for fund, state, contributions, and benefits.341.030"Wages" defined -- Impact of trust fund balance on taxable wage base amount.341.040Reserve account, reimbursing employer account, pooled account, and annual payroll.341.050Covered employment.341.055Noncovered employment.341.060Employing unit.341.067Hospitals and institutions of higher education.341.069Governmental entity.341.070Subject employer.341.080"Calendar year," "calendar quarter," "week," and "week of unemployment" defined.341.090Base period, extended base period, benefit year, and base-period wages.341.092Previously uncovered services.341.094Extended benefit period -- State "on" and "off" indicators -- Triggers.341.096Additional, extended, fringe, regular, and shared work benefits -- Affected group -- Approved plan -- Eligibility period -- Exhaustee -- Normal weekly hours of work -- Rate of insured unemployment -- Shared work employer -- Subgroup.341.100Suitable work.341.102Additional resources for eligible worker.341.110Unemployment Insurance Commission -- Quorum -- Salaries.341.115Powers and duties of the secretary -- Rules and regulations -- Appeals.341.116Updating of unemployment insurance computer system.341.125Secretary of Education and Labor Cabinet -- Powers and duties -- Personnel.341.126Secretary to provide Legislative Research Commission with copy of any United States Department of Labor notice of conformity of state unemployment compensation with federal laws.341.127Reports by cabinet.341.129Reports may be combined.341.145Reciprocal arrangements -- Recovery of benefit overpayments.341.150Publication of chapter.341.180Employment stabilization.341.190Records and reports -- Confidential treatment -- Exceptions.341.200Power to hear witnesses, issue subpoenas, and serve process.341.210Protection against self-incrimination.341.220Cooperation with other agencies.341.230Destruction of records.341.240Unemployment compensation administration fund.341.243Service capacity upgrade fund. (Effective until July 15, 2026)341.245Authority to acquire office space.341.250Employer's coverage -- Period -- Termination -- Election of liability.341.260Payment of contributions by employer -- Guarantee and liability of contractor.341.262Penalties for failure to file reports.341.263Estimated reports and assessments.341.265Remedies for failure to report.341.270Determination of employer's contribution rate.341.272Contribution rate of new employer engaged in contract construction trades.341.275Financing benefits for nonprofit organizations.341.277Financing benefits for employees of governmental entities.341.281Allocation of benefit cost to reimbursing employers.341.282Financing benefits for state employees.341.295Use of moneys in unemployment compensation administration fund.341.296Investment of administration fund.341.300Interest on unpaid contributions -- Collection of contributions, interest, or penalties.341.301Penalty for payment with nonnegotiable instrument.341.305Service of notice or process and action against nonresident employing unit or resident employing unit removing from state.341.310Lien on employer's property for contributions.341.315Lien on building for contributions due by reason of labor performed -- Procedure.341.317Bond of public works contractor.341.330Adjustment or refund to employing unit.341.350Conditions of qualification for benefits -- Weekly audits to evaluate work search activity compliance.341.355Additional qualification for benefit eligibility.341.360Conditions of disqualification for benefits.341.370Disqualifications -- Length of time.341.375Notification by employer to secretary when worker declines suitable work -- Online notification portal.341.380Benefits, how paid -- Calculation of amount -- Increase in maximum weekly benefit rate.341.385Duration of benefits -- Application of classification system -- Extension of benefits -- Additional weeks for job training or certification participation.341.390Deductions from benefits.341.392Deduction and withholding of child support obligations from benefits.341.395Information to be given to individual filing new claim -- Deduction and withholding of income tax.341.400Notice to workers.341.410Determination of insured status -- Notification of worker -- Appeal.341.412Definitions for KRS 341.412 to 341.414.341.413Unemployment insurance claims filed between January 27, 2020, and September 6, 2021 -- Waiver of overpayment of benefits -- Return of overpayments collected to federal government.341.414Steps office shall take for all claims made after July 1, 2023, to ensure integrity of program, to verify eligibility, to prevent fraud and overpayment of claims -- Records -- Annual report to Legislative Research Commission.341.415Recovery and recoupment limitations.341.416Referral of suspected fraud relating to unemployment insurance benefits -- Requirements.341.4161Shared work compensation plan -- Plan requirements -- Application.341.4163Shared work compensation plan approval deadline.341.4165Effective date -- Expiration -- Termination.341.4167Revocation of approved plan -- Annual review of approved plan operation.341.4169Shared work unemployment compensation eligibility.341.4171Shared work weekly benefit amount calculation.341.4173Determination that individual is an "exhaustee."341.420Appointment of referees -- Appeals -- Effect on other proceedings.341.430Review by commission.341.440Procedure on review -- Witness fees -- Finality of decisions.341.450Judicial review.341.460Appeal to Franklin Circuit Court.341.470Protection of rights and benefits -- Representation in proceedings before a referee or the commission.341.490Unemployment insurance fund.341.500Accounts and deposits.341.510Withdrawals from trust fund -- Governor may request transfer of funds from federal unemployment trust fund.341.520Disposition of funds upon discontinuance of trust fund.341.530Employer reserve accounts -- Reimbursing employer accounts -- Relief for improper benefit payments -- Charging of benefits -- Voluntary payments -- Payments of benefits related to state of emergency or disaster declaration.341.540Reserve accounts of successive employing units -- Resources and liabilities -- Contribution rate -- Penalties.341.550Pooled account for contributing employers.341.570Representation in court -- Expense of suit.341.580Limitations on payment of benefits.341.590Additional contributions if federal government fails to provide funds for administration.341.595Governor to apply for advances from federal unemployment account and request cap on Federal Unemployment Tax Act credit reduction.341.600Continuation -- No vested right created.341.610Pledge to replace funds.341.611Payment of interest on advances -- Surcharge under KRS 341.614 on contributing employers.341.612Interest payment fund.341.614Surcharge to be paid by subject contributing employers each year funds insufficient in unemployment compensation administration fund -- Percentage rate -- Annual adjustment -- Payment and collection.341.620Expenditure of federal moneys.341.690Effect when checks not presented within one (1) year -- Cancellation and reissue.341.700Effect of provisions relating to regular benefits on claims for, and the payment of, extended benefits.341.710Eligibility requirements for extended benefits.341.712Suitable work standards for extended benefit claimants.341.715Authority to end state participation in enhanced benefit program.341.720Weekly extended benefit rate.341.730Total extended benefit amount -- Formula for high unemployment periods.341.735Reduction of extended benefit amount.341.740Beginning and termination of extended benefit period.341.800Demand for payment -- Levy upon and sale of property of subject employer.341.805Notification of levy or release.341.810Surrender of property upon which levy made -- Effect of surrender or failure to do so.341.815Right of redemption.341.820Release or return of property.341.825Right to copy books and records.341.830Assessment against transferee of a fraudulent conveyance made with intent to hinder or evade collection of contributions due from transferor.341.835Fines, penalties and interest credited to administrative fund.341.980Construction of this chapter.341.982Construction of Acts 1978, Chapter 389.341.990Penalties.