787 KAR 1:090. Unemployed worker’s reporting requirements.
RELATES TO: KRS 341.350, 341.360, 341.370, 341.380
STATUTORY AUTHORITY: KRS 151B.020, 341.115(1), 341.125(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations deemed necessary or suitable for the proper administration of KRS Chapter 341. This administrative regulation establishes the registration and reporting requirements that an unemployed worker shall meet to draw benefits, the date when a claim shall be valid, the length of time a claim may be backdated, the procedures for electronic, telephone, and mail claims, and the requirement for random audits.
Section 1. Registration for Work. (1) An unemployed worker shall be registered for work with a state employment service before he shall be eligible to receive benefits. A registration shall be considered filed if the unemployed worker completes the registration process.
(2) When an unemployed worker completes an initial application for benefits or reopens a claim, he shall be assigned a group classification code A or B based upon his reemployment prospects.
(a) Group A shall consist of any worker who is unemployed and is not subject to definite recall within a period of twelve (12) weeks from the date of filing of the initial or reopened claim.
(b) Group B shall include any worker who is:
1. Unemployed and has definite return prospects with his last employer within a period of twelve (12) weeks from the date of filing of the initial or reopened claim;
2. Unemployed because of a labor dispute in the establishment where he has been employed; or
3. A member of a union which shall be responsible for securing future employment.
(3) During any benefit year, an unemployed worker shall be assigned a different group classification code if review of his reemployment prospects reveals that a different classification is appropriate.
(4) The completion of an initial application for benefits shall serve as work registration for any group "B" unemployed worker.
Section 2. Initial or Reopened Claims for Benefits. (1) In order for an unemployed worker to file an initial or reopened claim for benefits, he shall complete the Initial Claim Application, Form 401, by using:
(a) An internet claim registration through the Web site provided by the agency for that purpose at https://uiclaims.des.ky.gov/ebenefit/;
(b) A telephone claim registration through the call center provided by the agency for that purpose; or
(c) An in person claim registration by reporting to a state employment service office that provides unemployment insurance assistance.
(2) If any issues regarding the unemployed worker's eligibility as provided by KRS 341.350 or a potentially disqualifying circumstance as provided by KRS 341.360 or 341.370 are detected, a fact finding investigation shall be conducted during which the unemployed worker shall be responsible for:
(a) Providing picture identification and valid proof of the worker's Social Security number from the Social Security Administration; and
(b) Presenting all facts in support of the application.
(3) The initial or reopened claim shall be dated as of the first day of the week in which the unemployed worker completes the procedure established in subsection (1) of this section.
(4) Upon the presentation by the unemployed worker of reasons found to constitute good cause for failure to file at an earlier date, the secretary shall backdate the initial or reopened claim to the first day of the week in which the worker became unemployed, or the second calendar week preceding the date the worker filed, whichever is later.
Section 3. Claiming Weeks of Benefits. (1) Once an unemployed worker has filed an initial claim and established a benefit year, he shall claim his benefits on a biweekly basis by one (1) of the methods and within the time frames established in subsection (2) of this section.
(a) The unemployed worker shall claim either one (1) or both of the weeks of benefits.
(b) Except as provided in paragraph (c) of this subsection, for every two (2) week period of benefits being claimed following the effective date of the initial or reopened claim, the unemployed worker shall claim his benefits during the calendar week following the second week of the period.
(c) Upon the presentation by the unemployed worker of reasons the secretary finds to be good cause for the failure of the worker to claim his benefits during the prescribed week, the secretary shall allow the worker to claim benefits for the two (2) calendar weeks preceding the date on which the worker claimed his benefits. In this case the worker shall next be eligible to claim benefits for the two (2) calendar weeks following the weeks of benefits claimed late.
(2) Except as provided in subsection (3) of this section, the unemployed worker shall complete a claim for benefits:
(a) Through the Web site provided by the agency for that purpose at https://uiclaims.des.ky.gov/ebenefit/, with the claim completed before 7 p.m. Eastern Time on the Friday of the calendar week following the second week of the period claimed; or
(b) By telephone through the interactive voice response system provided by the agency for that purpose, with the claim completed between the hours of 10 a.m. and 9 p.m. Eastern Time on the Sunday, or between the hours of 7 a.m. and 7 p.m. Eastern Time on the Monday through the Friday of the calendar week following the second week of the period claimed.
(3)(a) The secretary shall direct an unemployed worker to claim benefits by mail if it is not possible for the worker to claim by either option provided in subsection (2) of this section due to:
1. Unavailability of those options for the type of benefits claimed;
2. Unavailability of those options due to technical problems; or
3. A physical or mental condition preventing the worker from using those options.
(b) A continued claim shall cover the week or weeks indicated on the Continued Claim Form.
(c) Any claim filed by mail shall be considered filed on the day it is deposited in the mail and postmarked as established in 787 KAR 1:230, Section 1(2).
(d) The provisions of this administrative regulation governing the dating and backdating of a continued claim shall also apply to a claim filed by mail, and unless the claim is filed within the prescribed time, it shall not be allowed.
Section 4. Employer Filed Claims. (1) An employer may file a claim on behalf of an unemployed worker if:
(a) The worker has definite recall rights within four (4) calendar weeks;
(b) The employer has a workforce of at least 100 workers at the time of the layoff;
(c) The employer submits the claim information in the required electronic format using the Mass Electronic Filing Cell Data and Formatting Guide; and
(d) Prior to the first time an employer files a claim on behalf of a worker, the employer submits a test sample of claim information and receives confirmation from the division that the information is in the required format prior to the date the period of unemployment will begin.
(2) The effective date of an employer filed claim shall be the first day of the week in which the period of unemployment began.
(3) An unemployed worker who does not file a continued claim for benefits established under an employer filed claim may file a new initial claim within the period of one (1) year from the effective date of the employer filed claim.
Section 5. Eligibility Review. The secretary may require an unemployed worker claiming benefits to report for the purpose of continued benefit eligibility review as a condition for payment of benefits. The requirement and interval for eligibility review shall be determined by:
(1) The worker’s classification as established in Section 1(2) of this administrative regulation;
(2) The worker’s individual employment and earning history; and
(3) The local labor market.
Section 6. (1) The secretary shall notify an unemployed worker if the secretary determines that the unemployed worker failed to file a claim for benefits or register for work within the specified time due to:
(a) The employer’s failure to comply with 787 KAR Chapter 1;
(b) Coercion or intimidation exercised by the employer to prevent the prompt filing of a claim; or
(c) Failure by the division’s personnel to discharge necessary responsibilities.
(2)(a) Except as provided in paragraph (b) of this subsection, an unemployed worker shall have fourteen (14) days after receipt of the notification required by subsection (1) of this section from the secretary within which to file a claim.
(b) A claim shall not be filed later than thirteen (13) weeks subsequent to the end of the actual or potential benefit year involved.
Section 7. The secretary shall conduct random audits of claims. Each random audit shall include one (1) or more of the eligibility requirements provided by KRS 341.350.
Section 8. Incorporation by Reference. (1) The following material is incorporated by reference:
(a) The initial claim application "Form 401", revised 8/10;
(b) The "Continued Claim Form", revised 10/95; and
(c) "Mass Electronic Filing Cell Data and Formatting Guide", revised 03/07.
(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Office of the Director of the Division of Unemployment Insurance, 275 East Main Street, 2 CD, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (22 Ky.R. 463; Am. 909; eff. 11-6-95; 30 Ky.R. 702; 1244; eff. 12-5-2003; 33 Ky.R. 2177; 3180; eff. 5-4-07; 34 Ky.R. 1205; 1736; eff. 2-1-2008; 35 Ky.R. 1587; 2058; eff. 4-3-09; 37 Ky.R. 814; 1196; eff. 12-3-2010; 37 Ky.R. 2996; 38 Ky.R. 595; eff. 10-7-11.)