787 KAR 2:010. Veterans' benefits.


      RELATES TO: KRS 194.030(9)

      STATUTORY AUTHORITY: KRS 151B.020, 341.115

      NECESSITY, FUNCTION, AND CONFORMITY: 38 USC authorizes the states to implement veterans' employment and training programs. The Cabinet for Workforce Development is authorized by KRS 151B.020 to adopt such rules and regulations as are necessary to implement programs mandated by federal law or to qualify for receipt of federal funds and as are necessary to cooperate with federal agencies for the proper administration of the cabinet and its programs. The function of this administrative regulation is to implement the veterans' training and benefit programs in accordance with applicable federal laws and regulations.


      Section 1. In order to facilitate the administration of the veterans' programs as authorized by 38 USC, and as regulated in 20 CFR Parts 652 and 653, the following CFRs, federal statutes and bulletins are adopted by reference:

      (1) 20 CFR Parts 652 and 653, dated March 30, 1984, which includes implementation procedures for providing veterans and eligible persons the maximum employment and training opportunities with priority given to the needs of disabled veterans and veterans of the Vietnam era.

      (2) 38 USC Chapter 41, as amended through January 14, 1983, which mandates the establishment of a job and job training counseling service program, an employment placement service program and a job training placement service program for eligible veterans and other eligible persons and the provision of maximum employment and training opportunities to veterans, with priority given to the needs of disabled veterans and veterans of the Vietnam era through existing programs, coordination and merger of programs and implementation of new programs.

      (3) Veterans Employment Representative (VER) Bulletins A through 17 which contain implementation procedures for employment services provided to veterans in fulfillment of responsibilities mandated by law.

      (4) Federal Contractor Job Listing (FCJL) Bulletins 1 through 4, which contain updated instructions and procedures for processing federal contractor job listing under the mandate of PL 93-50 requiring federal contractors and subcontractors to list suitable job openings with the appropriate local office of the Department for Employment Services.

      (5) PL 96-466, The Veterans Rehabilitation and Education Amendments of 1980, which revised the disabled veterans vocational rehabilitation program and established the Disabled Veterans Outreach Program.

      (6) PL 98-77, The Emergency Veterans' Job Training Act of 1983, which addresses problems of service and continuing unemployment among veterans by providing payments to defray the costs of training and incentives to employers to hire and train certain war time veterans who have been unemployed for long periods of time for stable and permanent positions that require significant training.

      (7) PL 97-300, The Job Training Partnership Act, which establishes programs to prepare youth and unskilled adults for entry into the labor force and to afford job training to those economically-disadvantaged individuals and other individuals facing serious barriers to employment who are in special need of training to obtain productive employment. Title II, Part C of the Act specifically authorizes programs for veterans recently separated from military service, Vietnam-era veterans and disabled veterans.

      (8) 41 CFR Parts 60-250, dated June 25, 1976, which mandates and provides procedures for ensuring compliance with Section 402 of the Vietnam-era Veterans Readjustment Act of 1974, which requires government contractors and subcontractors to take affirmative action to employ and advance the employment of qualified disabled veterans and veterans of the Vietnam era.

      (9) PL 98-543, The Veterans Benefits Improvement Act of 1984, which increased various rates of compensation or benefits paid to eligible veterans in various programs administered by the Veteran Administration, extended the Veterans' Readjustment Appointment Authority to September 30, 1986, extended several provisions of PL 98-77, and established the Special Program for Veterans in Receipt of Individual Unemployability and the Special Training Program for Veterans in Receipt of Pensions, which are administered by the Veterans Administration.


      Section 2. All documents incorporated by reference herein are on file for public inspection in the Office of the Commissioner for Employment Services, 275 East Main Street, Frankfort, Kentucky 40621, and in local employment services office located throughout the state. (22 Ky.R. 496; eff. 11-6-95.)