787 KAR 1:310. Claimant profiling.

 

      RELATES TO: KRS 194.030(9), 341.350(2),

42 U.S.C. 503(a)(10), (j)

      STATUTORY AUTHORITY: KRS 151B.020,

341.115, 341.350(2)(b)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1)

authorizes the secretary to promulgate administrative regulation necessary to

administer KRS Chapter 341. 42 U.S.C. 503(a)(10) and 503(j) require states to

establish profiling systems to identify unemployment claimants who are likely

to exhaust regular benefits for referral to reemployment services, and to hold

claimants ineligible to receive unemployment benefits if they fail to

participate in reemployment services after having been so identified. KRS

341.350(2)(b) provides that the Secretary of the Education Cabinet shall establish

a profiling system. This administrative regulation establishes conditions,

consistent with the provisions of 42 U.S.C. 503(a)(10) and (j), under which a

claimant shall participate in reemployment services as a condition of receiving

benefits.

 

      Section 1. Definition. "Profiling"

means a method by which the secretary shall determine if an unemployment

claimant is likely to exhaust benefits.

 

      Section 2. Profiling System. (1) Except

as provided in subsection (2) of this section, all unemployment claimants shall

be subject to profiling as a condition of receiving benefits.

      (2) A claimant shall be exempted from

profiling if the claimant:

      (a) Is applying for extended benefits or

special federal program benefits including Trade Adjustment Assistance and

Disaster Unemployment Assistance;

      (b) Is classified as a "Group

B" claimant as established in 787 KAR 1:090, Section 1(2)(b);

      (c) Is in approved training as provided

in KRS 341.350(6);

      (d) Has weekly pension deductions in

excess of the benefit amount; or

      (e) Is receiving reemployment services

through a union hiring hall.

      (3) The secretary shall utilize a

statistical model of worker profiling as the basis for the identification of

claimants for referral for reemployment services. The profiling system shall

identify a claimant as unlikely to return to his previous industry or occupation

through the consideration of employment related variables. These variables

shall not include the claimant’s age, gender, race, ethnicity or national origin.

      (4) A claimant shall be profiled when

issued a first benefit payment, including a zero amount due to excessive

earnings or other reason.

      (5) A claimant identified by the

profiling system as likely to exhaust benefits shall be referred for

reemployment services from the Office of Employment and Training based on the

availability of services. A claimant who is not referred for services within

four (4) weeks after identification by the profiling system shall not be referred

and shall be considered to have satisfied the requirements of KRS 341.350(2)(b)

for the receipt of benefits.

 

      Section 3. Eligible dislocated worker. A

claimant determined to be an "eligible dislocated worker" under the

Workforce Investment Act, 29 U.S.C. 2801 et seq., may participate in the profiling

system. (22 Ky.R. 495; eff. 11-6-95; 33 Ky.R. 2201; 3192; eff.

5-4-2007.)