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341.390 Deductions from benefits.
There shall be deducted from the benefit rate determined for a worker in accordance with
subsection (2) of KRS 341.380:
(1) Eighty percent (80%), adjusted to the nearest multiple of one dollar ($1), of the
amount of wages earned by such worker during the week of unemployment with
respect to which he claims benefits. For the purpose of this subsection, wages shall
also include amounts earned by benefit claimants in self employment provided such
earnings otherwise meet the definition of wages as contained in KRS 341.030;
(2) The amount of remuneration which the worker has received or is receiving with
respect to such week of unemployment (adjusted to the nearest multiple of one
dollar ($1)) in the form of remuneration in lieu of notice; and
(3) (a) The amount of compensation payable to an individual for any week which
begins after March 31, 1980, and which begins in a period with respect to
which such individual is receiving a governmental or other pension,
retirement or retired pay, annuity, or any other similar periodic payment under
a plan maintained or contributed to a chargeable or base-period employer,
shall be reduced (but not below zero (0)) by an amount equal to the amount of
such pension, retirement or retired pay, annuity, or other payment which is
reasonably attributable to such week; except that this reduction shall not be
made if the worker contributed to the pension, retirement or retired pay,
annuity, or other similar periodic payment.
(b) No reduction shall be made under this section by reason of the receipt of a
pension if the services performed by the worker during the base period (or
remuneration received for such services) for such employer did not affect the
worker's eligibility for, or increase the amount of, such pension, retirement or
retired pay, annuity, or other similar periodic payment. The conditions
specified by this subsection shall not apply to pensions paid under the Social
Security Act or the Railroad Retirement Act of 1974 (or the corresponding
provisions of prior law). Payments made under such acts shall be treated
solely in the manner specified by paragraph (a) of this subsection.
(c) If Public Law 94-566, Public Law 96-364 or the federal act which amends
either for any cause shall become inoperative in its application, or stayed
pendente lite, as to deductions of such compensation, then subsection (3) of
this section, by virtue of that fact, shall likewise and to the same extent
become inoperative as to such deductions.
Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 19, sec. 1, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 167, sec. 4, effective July 15, 1998. -- Amended 1988 Ky. Acts ch.
106, sec. 8, effective July 15, 1988. -- Amended 1982 Ky. Acts ch. 67, sec. 7,
effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 385, sec. 8, effective July 15,
1980. -- Amended 1972 Ky. Acts ch. 21, sec. 27. -- Amended 1952 Ky. Acts ch. 154,
sec. 15. -- Amended 1950 Ky. Acts ch. 206, sec. 1. -- Amended 1948 Ky. Acts ch.
216, sec. 14. -- Amended 1942 Ky. Acts ch. 20, secs. 5 and 11. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 4748g-10.
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