2022 Kentucky Revised Statutes Chapter 341 - Unemployment compensation 341.096 Additional, extended, fringe, regular, and shared work benefits -- Affected group -- Approved plan -- Eligibility period -- Exhaustee -- Normal weekly hours of work -- Rate of insured unemployment -- Shared work employer -- Subgroup. (Effective January 1, 2023).
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341.096 Additional, extended, fringe, regular, and shared work benefits -Affected group -- Approved plan -- Eligibility period -- Exhaustee -Normal weekly hours of work -- Rate of insured unemployment -- Shared
work employer -- Subgroup. (Effective January 1, 2023)
As used in this chapter, unless the context clearly requires otherwise:
(1) "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;
(2) "Affected group" means two (2) or more employees designated by an employer
to participate in a shared work plan;
(3) "Approved plan" means an employer's voluntary, written plan for reducing
unemployment under which a specified group of employees shares the work
remaining after their normal weekly hours of work are reduced, which plan
meets the requirements of KRS 341.4161 and which plan has been approved
in writing by the secretary;
(4) "Eligibility period" of a worker means the period consisting of the weeks in his
or her benefit year which begin in an extended benefit period and, if his or her
benefit year ends within such extended benefit period, any weeks thereafter
which begin in such period;
(5) "Exhaustee" means a worker who, with respect to any week of unemployment
in his or her eligibility period:
(a) Has received, prior to such week, all of the regular benefits that were
available to him or her 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 or her 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 or her 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 or her benefit
year, he or she may subsequently be determined to be entitled to added
regular benefits; or
(b) His or her benefit year having expired prior to such week, has no, or
insufficient, wages and/or employment on the basis of which he or she
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;
(6) "Extended benefits" means benefits, including benefits payable to federal
civilian employees and to ex-servicemen pursuant to 5 U.S.C. ch. 85, payable
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to a worker under the provisions of KRS 341.700 to 341.740 for weeks of
unemployment in his or her eligibility period;
"Fringe benefits" includes advantages such as health insurance, retirement
benefits, paid vacation and holidays, and sick leave, which are incidents of
employment in addition to the cash remuneration earned;
"Normal weekly hours of work" means the normal hours of work for full-time
and permanent part-time employees in the affected group when their employer
is operating on its normal, full-time basis, not to exceed forty (40) hours and not
including overtime;
"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 or her 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;
"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;
"Shared work benefits" means the unemployment compensation benefits
payable to employees in an affected group under an approved plan as
distinguished from the unemployment benefits otherwise payable under other
provisions of this chapter;
"Shared work employer" means an employer with a shared work plan in effect.
An individual who, or an entity which, succeeds to or acquires an organization,
corporation, partnership, limited liability company, or other business with a
shared work plan in effect automatically becomes a shared work employer and
adopts the plan if the individual or entity ratifies, in writing, the previously
approved plan; and
"Subgroup" means a group of employees which constitutes at least ten percent
(10%) of the employees in an affected group.
Effective:January 1, 2023
History: Amended 2022 Ky. Acts ch. 21, sec. 11, effective January 1, 2023. -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.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 21, sec. 26,
provides that the Act, which amended this statute, may be cited as the
Unemployment Insurance Sustainability Act of 2022.
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