Kentucky Administrative Regulations › Title 787 - EDUCATION AND WORKFORCE DEVELOPMENT CABINET - DEPARTMENT FOR EMPLOYMENT SERVICES › Chapter 1 - Unemployment Insurance › Section 787 KAR 1:310 - Claimant profiling

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				194.030(9),
				341.350(2),
				42
				U.S.C. 503(a)(10), (j)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				341.115(1) authorizes the
				secretary to promulgate administrative regulation necessary to administer KRS
				Chapter 341.
				42
				U.S.C. 503(a)(10) and (j)
				require states to establish profiling systems to identify unemployment
				claimants who are likely to exhaust regular benefits for referral to
				reemployment services, and to hold claimants ineligible to receive unemployment
				benefits if they fail to participate in reemployment services after having been
				so identified.
				KRS
				341.350(2)(b) requires the
				secretary to establish a profiling system. This administrative regulation
				establishes conditions, consistent with the provisions of
				42
				U.S.C. 503(a)(10) and (j),
				under which a claimant shall participate in reemployment services as a
				condition of receiving benefits.
Section
			 1. Definition. "Profiling" means a method by which the secretary
			 shall determine if an unemployment claimant is likely to exhaust
			 benefits.
Section 2. Profiling
			 System.
(1) Except as established in
			 subsection (2) of this section, all unemployment claimants shall be subject to
			 profiling as a condition of receiving benefits.
(2) A claimant shall be exempted from
			 profiling if the claimant:
(a) Is applying for
			 extended benefits or special federal program benefits including Trade
			 Adjustment Assistance and Disaster Unemployment Assistance;
(b) Is classified as a "Group B" claimant as
			 established in
			 787 KAR
			 1:090, Section 1(2)(b);
(c) Is in approved training as established in
			 KRS
			 341.350(6);
(d) Has weekly pension deductions in excess
			 of the benefit amount; or
(e) Is
			 receiving reemployment services through a union hiring hall.
(3) The secretary shall utilize a
			 statistical model of worker profiling as the basis for the identification of
			 claimants for referral for reemployment services. The profiling system shall
			 identify a claimant as unlikely to return to his previous industry or
			 occupation through the consideration of employment related variables. These
			 variables shall not include the claimant's age, gender, race, ethnicity, or
			 national origin.
(4) A claimant
			 shall be profiled if issued a first benefit payment, including a zero amount
			 due to excessive earnings or other reason.
(5) A claimant identified by the profiling
			 system as likely to exhaust benefits shall be referred for reemployment
			 services from the Office of Unemployment Insurance based on the availability of
			 services. A claimant who is not referred for services within four (4) weeks
			 after identification by the profiling system shall not be referred and shall be
			 considered to have satisfied the requirements of
			 KRS
			 341.350(2)(b) for the
			 receipt of benefits.