KRS § 341.096 — KY Code / Title XXVII / Chapter 341 / Section 341.096
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
Status: in_force

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.

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 to a worker

under the provisions of KRS 341.700 to 341.740 for weeks of unemployment in his

or her eligibility period;

(7) "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;

(8) "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;

(9) "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;

(10) "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;

(11) "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;

(12) "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

(13) "Subgroup" means a group of employees which constitutes at least ten percent

(10%) of the employees in an affected group.