2014 Kentucky Revised Statutes CHAPTER 341 - UNEMPLOYMENT COMPENSATION 341.470 Protection of rights and benefits -- Representation in proceedings before a referee or the commission.
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341.470 Protection of rights and benefits -- Representation in proceedings
before a referee or the commission.
(1)
(2)
(3)
(4)
(5)
No agreement by a worker to waive, release, or commute his rights to benefits
or any other rights under this chapter shall be valid. No agreement by any
worker to pay any portion of a subject employer's contributions, required under
this chapter from such subject employer, shall be valid. No subject employer
shall directly or indirectly make or require or accept any deductions from wages
to finance the subject employer's contributions required of him. In cases
involving awards to a worker by an arbitrator, court, or other administrative
body or mediator, the secretary may require the employer to withhold benefits
paid under this chapter from the award and pay the amount withheld into the
unemployment insurance trust fund. All subject employers are required to notify
the Office of Employment and Training, Department of Workforce Investment,
prior to paying any back pay award.
No worker claiming benefits shall be charged fees of any kind in any
proceeding under this chapter by the commission, the secretary, or his or her
representatives. Any worker claiming benefits in any proceeding before a
referee or the commission may represent himself or herself or may be
represented by counsel or other agent duly authorized by such worker and
shall be afforded the opportunity to participate in the proceeding without
restriction; but no counsel or agent shall either charge or receive for such
service more than an amount approved by the commission.
(a) Any employer in any proceeding before a referee or the commission may
represent himself or may be represented by counsel or other agent duly
authorized by such employer; and
(b) Any person appearing in any proceeding before a referee or the
commission who is an officer of, or who regularly performs in a
managerial capacity for, a corporation or partnership which is a party to
the proceeding in which the appearance is made shall be permitted to
represent such corporation or partnership and shall be afforded the
opportunity to participate in the proceeding without restriction.
No assignment, pledge, or encumbrance of any right to benefits due or payable
under this chapter shall be valid; and such rights to benefits shall be exempt
from levy, execution, attachment, or any other remedy for the collection of debt.
Benefits received by any worker, as long as they are not mingled with other
funds of the recipient, shall be exempt from any remedy for the collection of all
debts except debts incurred for necessaries furnished to such worker or his
spouse or dependents during the time such worker was unemployed. No
waiver of any exemption provided for in this subsection shall be valid.
The provisions of this section shall not be applicable to child support
deductions made in accordance with KRS 341.392 and withholding for federal
and state income tax in accordance with KRS 341.395.
Effective:July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 153, effective July 12, 2006. -Amended 1998 Ky. Acts ch. 167, sec. 7, effective July 15, 1998. -- Amended
1996 Ky. Acts ch. 266, sec. 16, effective July 15, 1996; and ch. 271, sec. 21,
effective July 15, 1996. -- Amended 1992 Ky. Acts ch. 133, sec. 5, effective July
14, 1992. -- Amended 1986 Ky. Acts ch. 26, sec. 7, effective July 15, 1986. --
Amended 1984 Ky. Acts ch. 12, sec. 1, effective July 13, 1984. -- Amended
1982 Ky. Acts ch. 67, sec. 10, effective July 15, 1982. -- Amended 1974 Ky.
Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1950 Ky. Acts ch. 206, sec. 1. -Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky.
Stat. sec. 4748g-12.
Legislative Research Commission Note (7/29/97). The word "Except" was
deleted from the beginning of the sentence in subsection (1) of this statute that
begins "In cases involving awards ...." by 1996 Ky. Acts ch. 266, sec. 16. This
deletion was inadvertently omitted in the merger of the amendments to this
statute by 1996 Ky. Acts chs. 266 and 271, and the text of the statute has been
corrected to reflect this deletion.
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