KRS 342.143: Method for determining the average weekly wage of the state.

For the purposes of this chapter, the average weekly wage of the state shall be

determined by the commissioner as follows: On or before September 1 of each year,

the total wages reported by subject employers under the Kentucky Unemployment

Insurance Law for the preceding calendar year shall be divided by the average

monthly number of insured workers (determined by dividing the total number of

insured workers reported for the preceding year by twelve (12)). The average annual

wage thus obtained shall be divided by fifty-two (52) and the average weekly wage

thus determined rounded to the nearest cent. The average weekly wage shall be

certified to the commissioner by the Education and Labor Cabinet in a manner

prescribed by the commissioner by administrative regulation. The average weekly

wage as so determined shall be applicable for the full period during which income or

death benefits are payable, when the date of occurrence of injury or of disability in

the case of disease, or of death, falls within the calendar year commencing January

1 following the September 1 determination. Whenever a change in the average

weekly wage of the state is of such amount that the minimum weekly income

benefits for total disability or for death are increased or decreased by one dollar ($1)

or more, or the maximum weekly income benefits for total disability or for death are

increased or decreased by two dollars ($2) or more, computed in each case and

rounded to the nearest dollar, an adjustment in those minimums or maximums which

are affected in the requisite amount by the change in the average weekly wage of

the state shall be made which will reflect this increase or decrease, but no change in

such limitations shall otherwise be made. Notwithstanding the provisions of this

section, KRS 342.140 and 342.740, or any other provisions of this chapter to the

contrary, the average weekly wage for calendar years 1995 and 1996 shall be

determined to be no higher than the average weekly wage determined by the

commissioner to be in effect in the calendar year of 1994. If the average weekly

wage calculated by the commissioner is determined to be lower than the 1994

calendar year wage, the average weekly wage may be lowered as provided by this

section. Beginning in calendar year 1997 and annually thereafter, the average

weekly wage shall be calculated based upon the state average weekly wage in

effect two (2) years prior to that calculation.