KRS 341.380: Benefits, how paid -- Calculation of amount -- Increase in maximum

weekly benefit rate.

(1) All benefits shall be paid through employment offices, or such other agencies as

may be designated by regulations of the secretary. Claims for all pay ments of

benefits shall be made in accordance with regulations of the secretary.

(2) The weekly benefit rate payable to an eligible worker for weeks of unemployment

shall, except as provided in KRS 341.390, be an amount equal to one and three

thousand seventy-eight ten-thousandths percent (1.3078%) of his or her total base -

period wages, except that no worker's weekly benefit amount shall be less than

thirty-nine dollars ($39), nor more than the maximum rate as determined in

accordance with subsection (3) of this section. For claims effective on or after

January 1, 2012, the weekly benefit rate shall, except as provided in KRS 341.390,

be one and one thousand nine hundred twenty -three ten -thousandths percent

(1.1923%) of his or her total base -period wages, ex cept that no worker's weekly

benefit amount shall be less than thirty -nine dollars ($39) nor more than the

maximum rate as determined in accordance with subsection (3) of this section.

(3) Prior to the first day of July of each year the secretary shall det ermine the average

weekly wage for insured employment by dividing the average monthly

employment, as obtained by dividing the total monthly employment reported by

subject employers for the preceding calendar year by twelve (12), into the total

wages reported by such employers for such calendar year and dividing by fifty -two

(52). Fifty-five percent (55%) of the amount thus obtained, adjusted to the nearest

multiple of one dollar ($1), shall constitute the maximum weekly benefit rate for

those workers whose benefit year commences on or after the first day of July of

such year and prior to the first day of July of the next following year; beginning in

calendar year 1999, or any subsequent year in which the increase in the weekly

benefit rate calculation set fo rth in subsection (2) of this section should take effect,

sixty-two percent (62%) of the average weekly wage, adjusted to the nearest

multiple of one dollar ($1), shall constitute the maximum weekly benefit rate for

those workers whose benefit year commences on or after the first day of July of that

year and prior to the first day of July of the next following year; except that for the

benefit years beginning on or after July 1, 1982, if the "trust fund balance" as of

September 30 immediately preceding the benefit year is less than one hundred

twenty million dollars ($120,000,000), the maximum weekly benefit rate shall not

exceed the prior year's maximum weekly benefit rate. If such "trust fund balance"

as of September 30 immediately preceding the benefit year:

(a) Equals or exceeds one hundred twenty million dollars ($120,000,000), but is

less than two hundred million dollars ($200,000,000), the maximum weekly

benefit rate shall not exceed the prior year's maximum weekly benefit rate by

more than six percent (6%). The rate thus determined shall be adjusted to the

nearest multiple of one dollar ($1);

(b) Equals or exceeds two hundred million dollars ($200,000,000), but is less than

three hundred million dollars ($300,000,000), the maximum weekly benefit

rate shall not exceed the prior year's maximum weekly benefit rate by more

than eight percent (8%). The rate thus determined shall be adjusted to the

nearest multiple of one dollar ($1);

(c) Equals or exceeds three hundred million dollars ($300,000,000), but is less

than four hundred million dollars ($400,000,000), the maximum weekly

benefit rate shall not exceed the prior year's maximum weekly benefit rate by

more than ten percent (10%). The rate thus determined shall be adjusted to the

nearest multiple of one dollar ($1);

(d) Equals or exceeds four hundred million dollars ($400,000,000), but is less

than five hundred million dollars ($500,000,000), the maximum weekly

benefit rate shall not exceed the prior year's maximum weekly benefit rate by

more than twelve percent (12%). The rate thus determined shall be adjusted to

the nearest multiple of one dollar ($1);

(e) Equals or exceeds five hundred million dollars ($500,000,000), the maximum

weekly benefit rate shall not exceed the prior year's maximum weekly benefit

rate by more than fifteen percent (15%). The rate thus determined shall be

adjusted to the nearest multiple of one dollar ($1); and

(f) Is such that it resulted in the establishment of an employer contribution rate

schedule, as provided for in KRS 341.270, for the current calendar year which

has a higher minimum rate than the schedule in effect for the immediately

preceding calendar year, the maximum weekly benefit rate shall not exceed

the prior year's maximum weekly benefit rate.

(4) The maximum amount o f benefits payable to any worker within any benefit year

shall be the amount equal to whichever is the lesser of:

(a) His or her weekly benefit rate times the applicable number of weeks for which

benefits are available to him or her as calculated in KRS 341.385; or

(b) One-third (1/3) of his or her base -period wages, except that no worker's

maximum amount shall be less th an twelve (12) times his or her weekly

benefit rate. Such maximum amount, if not a multiple of one dollar ($1), shall

be adjusted to the nearest multiple of one dollar ($1).