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341.270 Determination of employer's contribution rate.
(1)
(2)
(3)
(4)
Except as otherwise provided in this section, each employer's contribution rate
shall be three percent (3%). Effective for employers who become subject to this
chapter on or after January 1, 1999, except as otherwise provided in this
section, each employer's contribution rate shall be two and seven-tenths
percent (2.7%).
Except as otherwise provided in this section, no subject employer's contribution
rate shall be less than two and seven-tenths percent (2.7%), unless he has
been an employer subject to the provisions of this chapter for twelve (12)
consecutive calendar quarters ended as of the computation date. In any
calendar year in which the rate schedule prescribed in paragraph (3)(a) of this
section is in effect, no subject employer who was assigned an entry rate of
three percent (3.0%) under the provisions of subsection (1) of this section prior
to January 1, 1999, shall have a contribution rate less than two and eight
hundred fifty-seven thousandths percent (2.857%), unless subject to this
chapter for the minimum time period specified above.
For the calendar year 2001 and each calendar year thereafter, employer
contribution rates shall be determined in accordance with "Table A" set out in
subsection (4) of this section. For each calendar year, the secretary shall
determine the rate schedule to be in effect based upon the "trust fund balance"
as of September 30 of the preceding year. If the "trust fund balance":
(a) Equals or exceeds one and eighteen hundredths percent (1.18%) of the
total wages paid in covered employment in the state during the state fiscal
year ended as of June 30 of that year, the rates listed in the "Trust Fund
Adequacy Rates" schedule of "Table A" shall be in effect;
(b) Equals or exceeds five hundred million dollars ($500,000,000) but is less
than the amount required to effectuate the "Trust Fund Adequacy Rates"
schedule as provided in paragraph (a) of this subsection, the rates listed
in "Schedule A" of "Table A" shall be in effect;
(c) Equals or exceeds three hundred fifty million dollars ($350,000,000) but is
less than five hundred million dollars ($500,000,000), the rates listed in
"Schedule B" of "Table A" shall be in effect;
(d) Equals or exceeds two hundred fifty million dollars ($250,000,000) but is
less than three hundred fifty million dollars ($350,000,000), the rates
listed in "Schedule C" of "Table A" shall be in effect;
(e) Equals or exceeds one hundred fifty million dollars ($150,000,000) but is
less than two hundred fifty million dollars ($250,000,000), the rates listed
in "Schedule D" of "Table A" shall be in effect; and
(f) Is less than one hundred fifty million dollars ($150,000,000), the rates
listed in "Schedule E" of "Table A" shall be in effect.
For the calendar year 1982 and each calendar year thereafter, contribution
rates shall be determined upon the basis of an individual employer's reserve
ratio as of the computation date and the schedule of rates established under
subsection (3) of this section. Except as otherwise provided in this section, the
contribution rate for each subject employer for the calendar year immediately
following the computation date shall be the rate in that "Schedule" of "Table A,"
as set out below, effective with respect to the calendar year, which appears on
the same line as his reserve ratio as shown in the "Employer Reserve Ratio"
column of the same table.
TABLE A
Rate Schedule
Employer Trust
A
B
C
D
Reserve Fund
Ratio
Adequacy
Rates
8.0% and
over
0.000%
.00%
7.0% but
under 8.0% 0.000%
.05%
6.0% but
under 7.0% 0.008%
.10%
5.0% but
under 6.0% 0.208%
.40%
4.6% but
under 5.0% 0.508%
.80%
4.2% but
under 4.6% 0.808%
.30%
3.9% but
under 4.2% 1.008%
.70%
3.6% but
under 3.9% 1.308%
.00%
3.2% but
under 3.6% 1.508%
.10%
2.7% but
under 3.2% 1.608%
.20%
2.0% but
under 2.7% 1.708%
.30%
1.3% but
under 2.0% 1.808%
.40%
0.0% but
under 1.3% 1.908%
0.30%
0.40%
0.50%
0.60%
0.40%
0.50%
0.60%
0.80%
0.50%
0.60%
0.70%
0.90%
0.70%
0.80%
1.00%
1.20%
1.00%
1.20%
1.40%
1.60%
1.30%
1.50%
1.80%
2.10%
1.50%
1.70%
2.20%
2.40%
1.80%
1.80%
2.40%
2.60%
2.00%
2.10%
2.50%
2.70%
2.10%
2.30%
2.60%
2.80%
2.20%
2.50%
2.70%
2.90%
2.30%
2.60%
2.80%
3.00%
2.40%
2.70%
2.90%
3.10%
.50%
-0.5% but
under -0.0% 6.500%
6.50%
6.75%
7.00%
7.25%
.50%
-1.0% but
under -0.5% 6.750%
6.75%
7.00%
7.25%
7.50%
.75%
-1.5% but
under -1.0% 7.000%
7.00%
7.25%
7.50%
7.75%
.00%
-2.0% but
under -1.5% 7.250%
7.25%
7.50%
7.75%
8.00%
.25%
-3.0% but
under -2.0% 7.500%
7.50%
7.75%
8.00%
8.25%
.50%
-4.0% but
under -3.0% 7.750%
7.75%
8.00%
8.25%
8.50%
.75%
-6.0% but
under -4.0% 8.250%
8.25%
8.50%
8.75%
9.00%
.25%
-8.0% but
under -6.0% 8.500%
8.50%
8.75%
9.00%
9.25%
.50%
Less
than -8.0%. 9.000%
9.00%
9.25%
9.50%
9.75%
0.00%
(5) As used in this section and elsewhere in this chapter, unless the context clearly
requires otherwise:
(a) "Trust fund balance" means the amount of money in the unemployment
insurance fund, less any unpaid advances made to the state under
Section 1201 of the Social Security Act. In determining the amount in the
fund as of a given date all money received by the Office of Employment
and Training, Department of Workforce Investment, on that date shall be
considered as being in the fund on that date;
(b) "Total wages" means all remuneration for services, as defined in KRS
341.030(1) to (7), paid by subject employers;
(c) An employer's "reserve ratio" means the percentage ratio of his reserve
account balance as of the computation date to his taxable payrolls for the
twelve (12) consecutive calendar quarters ended as of June 30
immediately preceding the computation date;
(d) For the purposes of this section, an employer's "reserve account balance"
means the amount of contributions credited to his reserve account as of
the computation date, less the benefit charges through June 30
immediately preceding the computation date. If benefits charged to an
account exceed contributions credited to the account, the account shall
be considered as having a debit balance and a reserve ratio of "less than
(e)
zero"; and
"Computation date" is July 31 of each calendar year prior to the effective
date of new rates of contributions.
Effective:August 28, 2010
History: Amended 2010 (1st Extra. Sess.) Ky. Acts ch. 5, sec. 4, effective August
28, 2010. -- Amended 2006 Ky. Acts ch. 211, sec. 144, effective July 12, 2006.
-- Amended 2000 Ky. Acts ch. 547, sec. 10, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 167, sec. 1, effective July 15, 1998. -- Amended 1996 Ky.
Acts ch. 266, sec. 7, effective July 15, 1996. -- Amended 1984 Ky. Acts ch. 1,
sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 261, sec. 2,
effective January 1, 1982. -- Amended 1980 Ky. Acts ch. 67, sec. 1, effective
January 1, 1980; ch. 188, sec. 270, effective July 15, 1980; and ch. 385, sec. 4,
effective July 15, 1980. -- Amended 1978 Ky. Acts ch. 389, sec. 15, effective
July 1, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(23), (31). -Amended 1972 Ky. Acts ch. 21, sec. 18. -- Amended 1962 Ky. Acts ch. 223,
sec. 1. -- Amended 1958 Ky. Acts ch. 4, sec. 6. -- Amended 1952 Ky. Acts
ch. 154, sec. 9, effective January 1, 1953. -- Amended 1950 Ky. Acts ch. 206,
sec. 1. -- Amended 1948 Ky. Acts ch. 216, sec. 6. -- Amended 1942 Ky. Acts
ch. 19, secs. 5 and 14; and ch. 20, secs. 2 and 8. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-7.
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