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341.090 Base period, extended base period, benefit year, and base-period
wages.
As used in this chapter, unless the context clearly requires otherwise:
(1) "Base period" means the first four (4) of the last five (5) completed calendar
quarters immediately preceding the first day of a worker's benefit year.
However, if an individual lacks sufficient base-period wages because of a
job-related injury, and he has received or was eligible to receive workers'
compensation, upon written application by the claimant an extended base
period will be substituted for the current base period on a quarter-by-quarter
basis as needed to establish a valid claim or to increase the benefit rate of a
claim if:
(a) The individual did not earn wages because of a job-related injury for at
least seven (7) weeks of each base period quarter to be substituted by an
extended base period quarter;
(b) No later than one (1) month prior to the expiration of workers'
compensation benefits, the employer or carrier shall inform, orally and in
writing, all recipients of their potential eligibility for unemployment
insurance, and also provide a statement verifying the individual's eligibility
for workers' compensation; and
(c) A claim for unemployment insurance compensation is filed no later than
the fourth week of unemployment after the end of the period of injury
compensated or eligible to be compensated by workers' compensation;
(2) "Extended base period" means the four (4) quarters prior to the claimant's base
period. These four (4) quarters may be substituted for base-period quarters on
a quarter-for-quarter basis in order to establish a valid claim or increase the
benefit rate of a valid claim regardless of whether the wages have been used
to establish a prior claim, except wages transferred to or from another state
under a combined wage agreement will be excluded if used in a prior claim.
Benefits paid on the basis of an extended base period, which would not
otherwise be payable, shall be charged to the pooled account if the chargeable
employer is a contributing employer. If the chargeable employer is a
reimbursing employer, benefits shall be billed to his reimbursing account;
(3) "Benefit year" for any worker means the fifty-two (52) week period beginning
with the first day of the week with respect to which he first requests a
determination which establishes his status as a fully insured worker after the
termination of his last preceding benefit year, if any, except that the last
preceding benefit year shall be a fifty-three (53) week period if fifty-two (52)
weeks would result in the overlapping of any calendar quarter of the base
period of the new benefit year with the same calendar quarter of the base
period of the previous benefit year. As used in this subsection, a worker shall
be considered as having insured status, without regard to any other provision
of this chapter, if at the time of his request he has satisfied the conditions
required under KRS 341.350(6); and
(4) "Base-period wages" means the wages paid to a worker during his base period
by subject employers for covered employment. The secretary, upon request of
the employee, with respect to this subsection, shall consider wages payable to
mean wages paid in order to prevent inequities caused by employer failure to
meet a regularly scheduled payday. Lump-sum payments deemed to be wages
under this chapter shall be reallocated to periods covered by the payments.
Effective:August 28, 2010
History: Amended 2010 (1st Extra. Sess.) Ky. Acts ch. 5, sec. 2, effective August
28, 2010. -- Amended 1996 Ky. Acts ch. 266, sec. 3, effective July 15, 1996. -Amended 1992 Ky. Acts ch. 133, sec. 1, effective July 14, 1992. -- Amended
1990 Ky. Acts ch. 6, sec. 2, effective July 13, 1990; and ch. 133, sec. 1,
effective July 13, 1990. -- Amended 1976 Ky. Acts ch. 92, sec. 1. -- Amended
1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1972 Ky. Acts ch. 21,
sec. 7. -- Amended 1952 Ky. Acts ch. 154, sec. 4, effective March 24, 1952. -Amended 1950 Ky. Acts ch. 206, sec. 1. -- Amended 1948 Ky. Acts ch. 216,
sec. 3. -- Amended 1942 Ky. Acts ch. 19, secs. 1 and 10. -- Recodified 1942 Ky.
Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-3.
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