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,
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
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.