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341.145 Reciprocal arrangements -- Recovery of benefit overpayments.
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(2)
(3)
The secretary of the Education and Workforce Development Cabinet may enter into
arrangements with the appropriate agencies of other states or of the federal
government, or both, for the purpose of assisting the secretary and such agencies in
the payment of benefits and the furnishing of services to unemployed or
underemployed workers. Such arrangements may provide that the respective
agencies shall, for and on behalf of each other, act as agents in effecting
registrations for work, notices of unemployment, and any other certifications or
statements relating to a worker's claim for benefits; in making investigations, taking
depositions, holding hearings, or otherwise securing information relating to benefit
eligibility and payments; and in such other matters as the secretary considers
suitable in effectuating the purpose of these administrative arrangements.
The secretary may enter into arrangements with the appropriate agencies of other
states or the federal government whereby workers performing services in this and
other states for a single employing unit under circumstances not specifically
provided in KRS 341.050, or under similar provisions in the unemployment
compensation laws of such other states, shall be deemed to be engaged in
employment performed entirely within this state or within one of such other states.
(a) The secretary shall participate in any arrangements for the payment of benefits
on the basis of combining an individual's wages and employment covered
under this chapter with his wages and employment covered under the
unemployment compensation laws of other states or the federal government
which are approved by the United States Secretary of Labor in consultation
with the state unemployment compensation agencies as reasonably calculated
to assure the prompt and full payment of benefits in such situations and which
include provisions for applying the base period of a single state law to a claim
involving the combining of an individual's wages and employment covered
under two (2) or more state unemployment compensation laws, and avoiding
the duplicate use of wages and employment by reason of such combining.
Reimbursements to another state or the federal government, paid from the
fund pursuant to this subsection, shall be deemed to be benefits for the
purposes of this chapter and charged to contributory employers' reserve
accounts and reimbursing employers' accounts in accordance with the
provisions of KRS 341.530(2) and (3) to the extent of calculations made on
wages paid during the base period established by KRS 341.090 and wages
paid after such base period; provided, however, benefits based on a period
previous to the base-wage period established by KRS 341.090 shall be
charged to the pooled account for contributing employers only. Provided, that
if the Secretary of Labor determines that the charging of reimbursements
provided above is inconsistent with the requirements of the Federal
Unemployment Tax Act, charges of such reimbursements shall then be made
in accordance with regulations prescribed by the secretary.
(b) In order that such reciprocal arrangements, when entered into, may be
effectuated, wages for insured work under an employment security law of
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(5)
another state or of the federal government shall be deemed to be wages earned
in covered employment from a subject employer for the purpose of
determining his benefits under this chapter.
Notwithstanding any other provision of this chapter, benefits shall not be denied or
reduced to an individual solely because he files a claim in another state (or a
contiguous country with which the United States has an agreement with respect to
unemployment compensation) or because he resides in another state (or such a
contiguous country) at the time he files a claim for benefits.
To the extent permissible under the laws and Constitution of the United States, the
secretary is authorized to enter into or cooperate in arrangements or reciprocal
agreements with appropriate and duly authorized agencies of other states or the
United States Secretary of Labor or both, whereby:
(a) Overpayments of unemployment benefits, as determined under this chapter,
shall be recoverable (after due notice and opportunity for appeal has been
provided to the claimant) by offset from unemployment benefits otherwise
payable under the unemployment compensation law of another state, in either
the current or any subsequent benefit year, in an amount equivalent to the
amount of overpayment determined under this chapter, provided the Office of
Employment and Training, Department of Workforce Investment, certifies to
the other state the facts involved and that the claimant is liable to repay the
benefits and the office requests the other state to recover the benefits; and
(b) Overpayments of unemployment benefits, as determined under the
unemployment compensation law of another state, shall be recoverable (after
such state has provided due notice and opportunity for appeal to the claimant)
by offset from unemployment benefits otherwise payable under this chapter, in
either the current or subsequent benefit year, in an amount equivalent to the
amount of overpayment determined by such other state, provided such state
certifies to the office the facts involved and that the individual is liable to
repay the benefits and the state requests the office to recover the benefits; and
(c) Provided there is in effect a reciprocal agreement between this state and the
United States Secretary of Labor, as authorized by Section 303(g)(2) of the
Social Security Act, the overpayment of unemployment benefits or allowances
for unemployment provided under a federal program administered by this state
shall be recoverable by offset from benefits otherwise payable under this
chapter or any such federal program. Such agreement shall also suffice to
permit the offset from unemployment benefits, otherwise payable under a
federal program administered by this state, the overpayment of unemployment
benefits paid under this chapter.
If another state also has in effect a like agreement with the United States Secretary
of Labor, then these provisions for cross-offset of state and federal unemployment
benefits shall apply to benefits otherwise payable under this chapter, the laws of the
other state or any federal unemployment program administered by either state.
Effective: June 25, 2009
History: Amended 2009 Ky. Acts ch. 11, sec. 73, effective June 25, 2009. -- Amended
2006 Ky. Acts ch. 211, sec. 136, effective July 12, 2006. -- Amended 1996 Ky. Acts
ch. 266, sec. 5, effective July 15, 1996. -- Amended 1988 Ky. Acts ch. 106, sec. 2,
effective July 15, 1988. -- Amended 1972 Ky. Acts ch. 21, sec. 11. -- Amended 1962
Ky. Acts ch. 207, sec. 2. --Amended 1952 Ky. Acts ch. 154, sec. 5. -- Created 1950
Ky. Acts ch. 206, sec. 1.
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