341.390 Deductions from benefits.

413 words·~2 min read·/ky/chapter-341/341-390

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

There shall be deducted from the benefit rate determined for a worker in accordance with subsection

(2)of KRS 341.380:

(1)Eighty percent (80%), adjusted to the nearest multiple of one dollar ($1), of the

amount of wages earned by such worker during the week of unemployment with

respect to which he claims benefits. For the purpose of this subsection, wages shall

also include amounts earned by benefit claimants in self employment provided such

earnings otherwise meet the definition of wages as contained in KRS 341.030;

(2)The amount of remuneration which the worker has received or is receiving with

respect to such week of unemployment (adjusted to the nearest multiple of one

dollar ($1)) in the form of remuneration in lieu of notice; and

(a)The amount of compensation payable to an individual for any week which

begins after March 31, 1980, and which begins in a period with respect to

which such individual is receiving a governmental or other pension,

retirement or retired pay, annuity, or any other similar periodic payment under

a plan maintained or contributed to a chargeable or base-period employer,

shall be reduced (but not below zero (0)) by an amount equal to the amount of

such pension, retirement or retired pay, annuity, or other payment which is

reasonably attributable to such week; except that this reduction shall not be

made if the worker contributed to the pension, retirement or retired pay,

annuity, or other similar periodic payment.

(b)No reduction shall be made under this section by reason of the receipt of a

pension if the services performed by the worker during the base period (or

remuneration received for such services) for such employer did not affect the

worker's eligibility for, or increase the amount of, such pension, retirement or

retired pay, annuity, or other similar periodic payment. The conditions

specified by this subsection shall not apply to pensions paid under the Social

Security Act or the Railroad Retirement Act of 1974 (or the corresponding

provisions of prior law). Payments made under such acts shall be treated

solely in the manner specified by paragraph

(a)of this subsection.

(c)If Public Law 94-566, Public Law 96-364 or the federal act which amends

either for any cause shall become inoperative in its application, or stayed

pendente lite, as to deductions of such compensation, then subsection

(3)of

this section, by virtue of that fact, shall likewise and to the same extent

become inoperative as to such deductions.