341.300 Interest on unpaid contributions -- Collection of contributions,
426 words·~2 min read·
/ky/341-300A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
interest, or penalties.
(1)Contributions unpaid on the date on which they are due and payable, as
prescribed by the secretary, shall be subject to interest at the rate of one and
five-tenths percent (1.5%) per month or fraction thereof, not to exceed ninety
percent (90%) of the amount of such contributions, from and after such date
until payment is received by the Office of Unemployment Insurance irrespective
of whether such delinquency has been reduced to a judgment or not as
provided in subsection
(2)of this section or is the subject of an administrative
appeal or court action. The interest charged for a month, in which the unpaid
contributions remain unpaid, shall be considered accrued and therefore due
and owing on the first day after the last day of the month in which the balance
is due. Such interest shall be paid into the unemployment compensation
administration fund.
(2)If, after due notice, any subject employer defaults in any payment of
contributions, interest or penalties thereon, the amount due shall be collected
by a civil action instituted in the Franklin Circuit Court or the Franklin District
Court depending upon the jurisdictional amount in controversy including
interest and penalties in the name of the state, and the subject employer
adjudged in default shall pay the costs of the action. Civil actions brought under
this section shall be heard by the court, without the intervention of a jury, at the
earliest possible date, and shall be entitled to preference upon the calendar of
the court over all other civil actions except petitions for judicial review under
this chapter and cases arising under the workers' compensation law.
(3)At or after the commencement of an action under subsection
(2)of this section,
attachment may be had against the property of the liable subject employer for
such contributions, interest, and penalties, without the execution of a bond, or
after judgment has been entered an execution may be issued against the
property of such employer without the execution of a bond.
(4)An action for the recovery of contributions, interest, or penalties under this
section shall be barred and any lien therefor shall be canceled and
extinguished unless collected or suit for collection has been filed within ten
years from the due date of such contributions, except, in the case of the filing
of a false or fraudulent report, the contributions due shall not be barred and
may at any time be collected by the methods set out in this chapter, including
action in a court of competent jurisdiction.