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341.096 Rate of insured unemployment -- Regular, extended, and additional
benefits -- Eligibility period -- Exhaustee.
As used in this chapter, unless the context clearly requires otherwise:
(1) "Rate of insured unemployment" means the percentage derived by dividing:
(a) The weekly average number of weeks claimed in claims filed for regular
benefits (not seasonally adjusted) in this state for weeks of unemployment
with respect to the most recent thirteen (13) consecutive-week period, as
determined by the secretary on the basis of his report to the United States
Secretary of Labor; by
(b) The average monthly employment covered under this chapter for the first
four (4) of the most recent six (6) completed calendar quarters ending
before the end of such thirteen (13) week period. Such computations shall
be made by the secretary, in accordance with regulations prescribed by
the United States Secretary of Labor;
(2) "Regular benefits" means benefits payable to a worker under this chapter or
under an unemployment compensation law of any other state (including
benefits payable to federal civilian employees and to ex-servicemen pursuant
to 5 U.S.C. ch. 85) other than extended benefits and additional benefits;
(3) "Extended benefits" means benefits (including benefits payable to federal
civilian employees and to ex-servicemen pursuant to 5 U.S.C. ch. 85) payable
to a worker under the provisions of KRS 341.700 to 341.740 for weeks of
unemployment in his eligibility period;
(4) "Additional benefits" means benefits payable to exhaustees by reason of
conditions of high unemployment or by reason of other special factors under
the provisions of any state law;
(5) "Eligibility period" of a worker means the period consisting of the weeks in his
benefit year which begin in an extended benefit period and, if his benefit year
ends within such extended benefit period, any weeks thereafter which begin in
such period; and
(6) "Exhaustee" means a worker who, with respect to any week of unemployment
in his eligibility period:
(a) Has received, prior to such week, all of the regular benefits that were
available to him under this chapter or any other state law (including
dependents' allowances and benefits payable to federal civilian
employees and ex-servicemen under 5 U.S.C. ch. 85) in his current
benefit year that includes such week; provided, that, for the purposes of
this paragraph, an individual shall be deemed to have received all of the
regular benefits that were available to him although, as a result of a
pending appeal with respect to wages and/or employment that were not
considered in the original monetary determination in his benefit year, he
may subsequently be determined to be entitled to added regular benefits;
or
(b) His benefit year having expired prior to such week, has no, or insufficient,
wages and/or employment on the basis of which he could establish a new
benefit year that would include such week; and
(c) Has no right to unemployment benefits or allowances, as the case may
be, under the Railroad Unemployment Insurance Act or under such other
federal laws as are specified in regulations issued by the United States
Secretary of Labor; and has not received and is not seeking
unemployment benefits under the unemployment compensation law of
Canada; but if the individual is seeking such benefits and the appropriate
agency finally determines that the individual is not entitled to benefits
under such law, the individual shall be considered an exhaustee if the
other provisions of this definition are met.
Effective:August 28, 2010
History: Amended 2010 (1st Extra. Sess.) Ky. Acts ch. 5, sec. 3, effective August
28, 2010. -- Amended 1982 Ky. Acts ch. 67, sec. 5, effective July 15, 1982. -Amended 1980 Ky. Acts ch. 385, sec. 3, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 389, sec. 1, effective July 1, 1978. -- Amended 1974 Ky. Acts
ch. 62, sec. 1; and ch. 74, Art. VI, sec. 107(2). --Created 1972 Ky. Acts ch. 21,
sec. 9.
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