Kentucky Statutes 341.300 – Interest on unpaid contributions — Collection of contributions, interest, or penalties
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(1) Contributions unpaid on the date on which they are due and payable, as prescribed by the secretary, shall be subject to interest at the rate of one and five-tenths percent (1.5) per month or fraction thereof, not to exceed ninety percent (90) of the amount of such contributions, from and after such date until payment is received by the Office of Unemployment Insurance irrespective of whether such delinquency has been reduced to a judgment or not as provided in subsection (2) of this section or is the subject of an administrative appeal or court action. The interest charged for a month, in which the unpaid contributions remain unpaid, shall be considered accrued and therefore due and owing on the first day after the last day of the month in which the balance is due. Such interest shall be paid into the unemployment compensation administration fund.
(2) If, after due notice, any subject employer defaults in any payment of contributions, interest or penalties thereon, the amount due shall be collected by a civil action instituted in the Franklin Circuit Court or the Franklin District Court depending upon the jurisdictional amount in controversy including interest and penalties in the name of the state, and the subject employer adjudged in default shall pay the costs of the action. Civil actions brought under this section shall be heard by the court, without the intervention of a jury, at the earliest possible date, and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this chapter and cases arising under the workers’ compensation law.
(3) At or after the commencement of an action under subsection (2) of this section, attachment may be had against the property of the liable subject employer for such contributions, interest, and penalties, without the execution of a bond, or after judgment has been entered an execution may be issued against the property of such employer without the execution of a bond.
(4) An action for the recovery of contributions, interest, or penalties under this section shall be barred and any lien therefor shall be canceled and extinguished unless collected or suit for collection has been filed within ten (10) years from the due date of such contributions, except, in the case of the filing of a false or fraudulent report, the contributions due shall not be barred and may at any time be collected by the methods set out in this chapter, including action in a court of competent jurisdiction.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 141, effective July 1, 2022. — Amended 2019 Ky. Acts ch. 146, sec. 61, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 134, sec. 2, effective July 14, 2018. — Amended 2007 Ky. Acts ch. 62, sec. 2, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 211, sec. 146, effective July 12, 2006. — Amended 1986 Ky. Acts ch. 26, sec. 4, effective July 15, 1986. — Amended 1978 Ky. Acts ch. 389, sec. 25, effective July 1, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(23), (31). — Amended 1972 Ky. Acts ch. 21, sec. 23. — Amended 1952 Ky. Acts ch. 154, sec. 10. — Amended 1950 Ky. Acts ch. 206, sec. 1. — Amended 1948 Ky. Acts ch. 216, sec. 8. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 4748g-8.
(2) If, after due notice, any subject employer defaults in any payment of contributions, interest or penalties thereon, the amount due shall be collected by a civil action instituted in the Franklin Circuit Court or the Franklin District Court depending upon the jurisdictional amount in controversy including interest and penalties in the name of the state, and the subject employer adjudged in default shall pay the costs of the action. Civil actions brought under this section shall be heard by the court, without the intervention of a jury, at the earliest possible date, and shall be entitled to preference upon the calendar of the court over all other civil actions except petitions for judicial review under this chapter and cases arising under the workers’ compensation law.
Terms Used In Kentucky Statutes 341.300
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Contributions: means the money payments, exclusive of interest and penalties, to the unemployment insurance fund required by this chapter and by any previous unemployment compensation law of this state. See Kentucky Statutes 341.020
- Fund: means the unemployment insurance fund established by KRS §. See Kentucky Statutes 341.020
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Month: means calendar month. See Kentucky Statutes 446.010
- Secretary: means the secretary of the Education and Labor Cabinet or his or her duly authorized representative. See Kentucky Statutes 341.005
- State: includes , in addition to the states of the United States of America, the
District of Columbia, Puerto Rico, the Dominion of Canada, and Virgin Islands. See Kentucky Statutes 341.020 - subject employer: means :
(1) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for service in covered employment wages of fifteen hundred dollars ($1,500) or more. See Kentucky Statutes 341.070
(3) At or after the commencement of an action under subsection (2) of this section, attachment may be had against the property of the liable subject employer for such contributions, interest, and penalties, without the execution of a bond, or after judgment has been entered an execution may be issued against the property of such employer without the execution of a bond.
(4) An action for the recovery of contributions, interest, or penalties under this section shall be barred and any lien therefor shall be canceled and extinguished unless collected or suit for collection has been filed within ten (10) years from the due date of such contributions, except, in the case of the filing of a false or fraudulent report, the contributions due shall not be barred and may at any time be collected by the methods set out in this chapter, including action in a court of competent jurisdiction.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 141, effective July 1, 2022. — Amended 2019 Ky. Acts ch. 146, sec. 61, effective June 27, 2019. — Amended
2018 Ky. Acts ch. 134, sec. 2, effective July 14, 2018. — Amended 2007 Ky. Acts ch. 62, sec. 2, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 211, sec. 146, effective July 12, 2006. — Amended 1986 Ky. Acts ch. 26, sec. 4, effective July 15, 1986. — Amended 1978 Ky. Acts ch. 389, sec. 25, effective July 1, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(23), (31). — Amended 1972 Ky. Acts ch. 21, sec. 23. — Amended 1952 Ky. Acts ch. 154, sec. 10. — Amended 1950 Ky. Acts ch. 206, sec. 1. — Amended 1948 Ky. Acts ch. 216, sec. 8. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1,
1942, from Ky. Stat. sec. 4748g-8.