44-704. Benefits.
44-704
44-704. Benefits.(a) Payment of benefits. All benefits provided herein shall bepayable from the fund. All benefits shall be paid through the secretaryof labor, in accordance with such rules andregulations as thesecretary may adopt. Benefits based on service in employment defined insubsections (i)(3)(E) and (i)(3)(F) of K.S.A. 44-703, andamendments thereto, shall be payable in the same amount, on the sameterms and subject to the same conditions as compensation payable on thebasis of other service subject to this act except as provided insubsection (e) of K.S.A. 44-705 and subsection (e)(2) ofK.S.A. 44-711, and amendmentsthereto.
(b) Determined weekly benefit amount. An individual'sdetermined weekly benefit amount shall be an amount equal to 4.25% of theindividual's total wages for insured work paid during that calendar quarterof the individual's base period in which such total wages were highest,subject to the following limitations:
(1) If an individual's determined weekly benefit amount is less thanthe minimum weekly benefit amount, it shall be raised to such minimumweekly benefit amount;
(2) if the individual's determined weekly benefit amount is morethan the maximum weekly benefit amount, it shall be reduced to themaximum weekly benefit amount; and
(3) if the individual's determined weekly benefit amount is not a multipleof $1, it shall be reduced to the next lower multiple of $1.
(c) Maximum weekly benefit amount. On July 1 of each year, thesecretary shall determine the maximum weekly benefit amount by computing60% of the average weekly wages paid to employees in insured work duringthe previous calendar year and shall prior to that date announce themaximum weekly benefit amount so determined, by publication in the Kansasregister. Such computation shall be made by dividing the gross wages reportedas paid for insured work during the previous calendar year by the productof the average of midmonth employment during such calendar year multipliedby 52. The maximum weekly benefit amount so determined and announced forthe twelve-month period shall apply only to those claims filed in thatperiod qualifying for maximum payment under the foregoing formula. Allclaims qualifying for payment at the maximum weekly benefit amount shall bepaid at the maximum weekly benefit amount in effect when the benefit yearto which the claim relates was first established, notwithstanding a changein the maximum benefit amount for a subsequent twelve-month period. If thecomputed maximum weekly benefit amount is not a multiple of $1, then thecomputed maximum weekly benefit amount shall be reduced to the next lowermultiple of $1.
(d) Minimum weekly benefit amount. The minimum weekly benefitamount payable to any individual shall be 25% of the maximum weekly benefitcalculated in accordance with subsection (c) and shall be announced by thesecretary in conjunction with the published announcement of the maximumweekly benefit, also as provided in subsection (c). The minimum weeklybenefit amount so determined and announced for the twelve-month periodbeginning July 1 of each year shall apply only to those claims whichestablish a benefit year filed within that twelve-month period and shallapply through the benefit year of such claims notwithstanding a change insuch amount in a subsequent twelve-month period. If the minimum weeklybenefit amount is not a multiple of $1 it shall be reduced to the nextlower multiple of $1.
(e) Weekly benefit payable. Each eligible individual who isunemployed with respect to any week, except as to final payment, shall bepaid with respect to such week a benefit in an amount equal to suchindividual's determined weekly benefit amount, less that part of the wage, ifany, payable to such individual with respect to such week which is inexcess of the amount which is equal to 25% of such individual'sdetermined weekly benefit amount and ifthe resulting amount is not a multiple of $1, it shall be reduced to thenext lower multiple of $1.
(1) For the purposes of this section, remuneration received under thefollowing circumstances shall be construed as wages:
(A) Vacation pay that was attributable to a week that the individualclaimed benefits while work was temporarily interrupted;
(B) holiday pay that was payable with no condition of attendance on otherregularly scheduled day or days; and
(C) severance pay, if paid as scheduled, and all other employment benefitswithin the employer's control, as defined in subsection (e)(3), ifcontinued as though the severance had not occurred, except as set out insubsection (e)(2)(D).
(2) For the purposes of this section, remuneration received under thefollowing circumstances shall not be construed as wages:
(A) Remuneration received for services performed on a public assistancework project;
(B) vacation pay, except as set out in subsection (e)(1)(A) above;
(C) holiday pay that was not payable unless the individual complied with acondition of attendance on another regularly scheduled day or days;
(D) severance pay, in lieu of notice, under the provisions ofpublic law 100-379, the federal worker adjustment and retrainingnotification act (29 U.S.C.A. 2101 through 2109);
(E) all other severance pay, separation pay, bonuses, wages in lieu ofnotice or remuneration of a similar nature that is payable after the severanceof the employment relationship, except as set out in subsection (e)(1)(C); and
(F) moneys received as federal social security payments.
(3) For the purposes of this subsection (e), "employment benefits withinthe employer's control" means benefits offered by the employer toemployees which are employee benefit plans as defined by section 3 of thefederal employee retirement income security act of 1974, as amended, (29 U.S.C.1002) and which the employer has the option to continue to provide to theemployee after the last day that the employee worked for that employer.
(f) Duration of benefits. Any otherwise eligible individual shallbe entitled during any benefit year to a total amount of benefits equal towhichever is the lesser of 26 times such individual's weekly benefitamount, or 1/3 of such individual's wages for insured work paid during suchindividual's base period. Such total amount of benefits,if not a multiple of $1, shall be reduced to the next lower multiple of $1.
(g) For the purposes of this section, wages shall be counted as"wages for insured work" for benefit purposes with respect to anybenefit year only if such benefit year begins subsequent to the date onwhich the employing unit by whom such wages were paid has satisfied theconditions of subsection (h) of K.S.A. 44-703, and amendmentsthereto, with respect to becoming an employer.
History: L. 1937, ch. 255, § 4;L. 1939, ch. 214, § 2;L. 1941, ch. 264, § 2;L. 1945, ch. 220, § 2;L. 1947, ch. 291, § 2;L. 1949, ch. 288, § 3;L. 1951, ch. 307, § 2;L. 1955, ch. 251, § 2;L. 1957, ch. 295, § 1;L. 1959, ch. 223, § 1;L. 1970, ch. 191, § 2;L. 1971, ch. 180, § 2;L. 1972, ch. 192, § 1;L. 1973, ch. 205, § 2;L. 1976, ch. 226, § 2;L. 1976, ch. 370, § 57;L. 1977, ch. 181, § 2;L. 1979, ch. 160, § 2;L. 1983, ch. 169, § 2;L. 1984, ch. 183, § 2;L. 1985, ch. 176, § 1;L. 1986, ch. 191, § 1;L. 1991, ch. 145, § 1;L. 1993, ch. 251, § 1;L. 1994, ch. 171, § 1;L. 2003, ch. 96, § 1;L. 2004, ch. 179, § 54; July 1.