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342.143 Method for determining the average weekly wage of the state.
For the purposes of this chapter, the average weekly wage of the state shall be determined <br>by the commissioner as follows: On or before September 1 of each year, the total wages <br>reported by subject employers under the Kentucky Unemployment Insurance Law for the <br>preceding calendar year shall be divided by the average monthly number of insured <br>workers (determined by dividing the total number of insured workers reported for the <br>preceding year by twelve (12)). The average annual wage thus obtained shall be divided <br>by fifty-two (52) and the average weekly wage thus determined rounded to the nearest <br>cent. The average weekly wage shall be certified to the commissioner by the Education <br>and Workforce Development Cabinet in a manner prescribed by the commissioner by <br>administrative regulation. The average weekly wage as so determined shall be applicable <br>for the full period during which income or death benefits are payable, when the date of <br>occurrence of injury or of disability in the case of disease, or of death, falls within the <br>calendar year commencing January 1 following the September 1 determination. <br>Whenever a change in the average weekly wage of the state is of such amount that the <br>minimum weekly income benefits for total disability or for death are increased or <br>decreased by one dollar ($1) or more, or the maximum weekly income benefits for total <br>disability or for death are increased or decreased by two dollars ($2) or more, computed <br>in each case and rounded to the nearest dollar, an adjustment in those minimums or <br>maximums which are affected in the requisite amount by the change in the average <br>weekly wage of the state shall be made which will reflect this increase or decrease, but no <br>change in such limitations shall otherwise be made. Notwithstanding the provisions of <br>this section, KRS 342.140 and 342.740, or any other provisions of this chapter to the <br>contrary, the average weekly wage for calendar years 1995 and 1996 shall be determined <br>to be no higher than the average weekly wage determined by the commissioner to be in <br>effect in the calendar year of 1994. If the average weekly wage calculated by the <br>commissioner is determined to be lower than the 1994 calendar year wage, the average <br>weekly wage may be lowered as provided by this section. Beginning in calendar year <br>1997 and annually thereafter, the average weekly wage shall be calculated based upon the <br>state average weekly wage in effect two (2) years prior to that calculation.
Effective: July 15, 2010 <br>History: Amended 2010 Ky. Acts ch. 24, sec. 1793, effective July 15, 2010. --
Amended 2009 Ky. Acts ch. 11, sec. 81, effective June 25, 2009. -- Amended 2006 <br>Ky. Acts ch. 211, sec. 158, effective July 12, 2006. -- Amended 1996 Ky. Acts <br>ch. 271, sec. 24, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 181, Part 7, <br>sec. 29, effective April 4, 1994. -- Amended 1987 (1st Extra. Sess.) Ky. Acts ch. 1, <br>sec. 17, effective January 4, 1988. -- Amended 1974 Ky. Acts ch. 74, Art. VI, <br>sec. 107(14). -- Amended 1964 Ky. Acts ch. 192, sec. 14(2). -- Created 1946 Ky. <br>Acts ch. 37, sec. 7.
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