Kentucky Statutes 342.143 – Method for determining the average weekly wage of the state
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For the purposes of this chapter, the average weekly wage of the state shall be determined by the commissioner as follows: On or before September 1 of each year, the total wages reported by subject employers under the Kentucky Unemployment Insurance Law for the preceding calendar year shall be divided by the average monthly number of insured workers (determined by dividing the total number of insured workers reported for the preceding year by twelve (12)). The average annual wage thus obtained shall be divided by fifty-two (52) and the average weekly wage thus determined rounded to the nearest cent. The average weekly wage shall be certified to the commissioner by the Education and Labor Cabinet in a manner prescribed by the commissioner by administrative regulation. The average weekly wage as so determined shall be applicable for the full period during which income or death benefits are payable, when the date of occurrence of injury or of disability in the case of disease, or of death, falls within the calendar year commencing January
1 following the September 1 determination. Whenever a change in the average weekly wage of the state is of such amount that the minimum weekly income benefits for total disability or for death are increased or decreased by one dollar ($1) or more, or the maximum weekly income benefits for total disability or for death are increased or decreased by two dollars ($2) or more, computed in each case and rounded to the nearest dollar, an adjustment in those minimums or maximums which are affected in the requisite amount by the change in the average weekly wage of the state shall be made which will reflect this increase or decrease, but no change in such limitations shall otherwise be made. Notwithstanding the provisions of this section, KRS § 342.140 and KRS § 342.740, or any other provisions of this chapter to the contrary, the average weekly wage for calendar years 1995 and 1996 shall be determined to be no higher than the average weekly wage determined by the commissioner to be in effect in the calendar year of 1994. If the average weekly wage calculated by the commissioner is determined to be lower than the 1994 calendar year wage, the average weekly wage may be lowered as provided by this section. Beginning in calendar year 1997 and annually thereafter, the average weekly wage shall be calculated based upon the state average weekly wage in effect two (2) years prior to that calculation.
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 157, effective July 1, 2022. — Amended 2010 Ky. Acts ch. 24, sec. 1793, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 11, sec. 81, effective June 25, 2009. — Amended 2006 Ky. Acts ch. 211, sec. 158, effective July 12, 2006. — Amended 1996 Ky. Acts ch.
271, sec. 24, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 181, Part 7, sec. 29, effective April 4, 1994. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch.
1, sec. 17, effective January 4, 1988. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(14). — Amended 1964 Ky. Acts ch. 192, sec. 14(2). — Created 1946
Ky. Acts ch. 37, sec. 7.
1 following the September 1 determination. Whenever a change in the average weekly wage of the state is of such amount that the minimum weekly income benefits for total disability or for death are increased or decreased by one dollar ($1) or more, or the maximum weekly income benefits for total disability or for death are increased or decreased by two dollars ($2) or more, computed in each case and rounded to the nearest dollar, an adjustment in those minimums or maximums which are affected in the requisite amount by the change in the average weekly wage of the state shall be made which will reflect this increase or decrease, but no change in such limitations shall otherwise be made. Notwithstanding the provisions of this section, KRS § 342.140 and KRS § 342.740, or any other provisions of this chapter to the contrary, the average weekly wage for calendar years 1995 and 1996 shall be determined to be no higher than the average weekly wage determined by the commissioner to be in effect in the calendar year of 1994. If the average weekly wage calculated by the commissioner is determined to be lower than the 1994 calendar year wage, the average weekly wage may be lowered as provided by this section. Beginning in calendar year 1997 and annually thereafter, the average weekly wage shall be calculated based upon the state average weekly wage in effect two (2) years prior to that calculation.
Terms Used In Kentucky Statutes 342.143
- Commissioner: means the commissioner of the Department of Workers' Claims under the direction and supervision of the secretary of the Education and Labor Cabinet. See Kentucky Statutes 342.0011
- Death: means death resulting from an injury or occupational disease. See Kentucky Statutes 342.0011
- Income benefits: means payments made under the provisions of this chapter to the disabled worker or his dependents in case of death, excluding medical and related benefits. See Kentucky Statutes 342.0011
- Injury: when used generally, unless the context indicates otherwise, shall include an occupational disease and damage to a prosthetic appliance, but shall not include a psychological, psychiatric, or stress-related change in the human organism, unless it is a direct result of a physical injury. See Kentucky Statutes 342.0011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
Effective:July 1, 2022
History: Amended 2022 Ky. Acts ch. 236, sec. 157, effective July 1, 2022. — Amended 2010 Ky. Acts ch. 24, sec. 1793, effective July 15, 2010. — Amended
2009 Ky. Acts ch. 11, sec. 81, effective June 25, 2009. — Amended 2006 Ky. Acts ch. 211, sec. 158, effective July 12, 2006. — Amended 1996 Ky. Acts ch.
271, sec. 24, effective July 15, 1996. — Amended 1994 Ky. Acts ch. 181, Part 7, sec. 29, effective April 4, 1994. — Amended 1987 (1st Extra. Sess.) Ky. Acts ch.
1, sec. 17, effective January 4, 1988. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(14). — Amended 1964 Ky. Acts ch. 192, sec. 14(2). — Created 1946
Ky. Acts ch. 37, sec. 7.