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← Kentucky Public Benefits Exemptions

Exemption: Unemployment compensation

Citation: Stat. - Ky. Rev. Stat. Ann. § 341.470 (4)

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Ky. Rev. Stat. Ann. § 341.470 (4):
341.470 Protection of rights and benefits -- Representation in proceedings before a
referee or the commission.
(1) No agreement by a worker to waive, release, or commute his rights to benefits or
any other rights under this chapter shall be valid. No agreement by any worker to
pay any portion of a subject employer's contributions, required under this chapter
from such subject employer, shall be valid. No subject employer shall directly or
indirectly make or require or accept any deductions from wages to finance the
subject employer's contributions required of him. In cases involving awards to a
worker by an arbitrator, court, or other administrative body or mediator, the
secretary may require the employer to withhold benefits paid under this chapter
from the award and pay the amount withheld into the unemployment insurance trust
fund. All subject employers are required to notify the Office of Unemployment
Insurance, Department of Workforce Investment, prior to paying any back pay
award.
(2) No worker claiming benefits shall be charged fees of any kind in any proceeding
under this chapter by the commission, the secretary, or his or her representatives.
Any worker claiming benefits in any proceeding before a referee or the commission
may represent himself or herself or may be represented by counsel or other agent
duly authorized by such worker and shall be afforded the opportunity to participate
in the proceeding without restriction; but no counsel or agent shall either charge or
receive for such service more than an amount approved by the commission.
(3) (a) Any employer in any proceeding before a referee or the commission may
represent himself or may be represented by counsel or other agent duly
authorized by such employer; and
(b) Any person appearing in any proceeding before a referee or the commission
who is an officer of, or who regularly performs in a managerial capacity for, a
corporation or partnership which is a party to the proceeding in which the
appearance is made shall be permitted to represent such corporation or
partnership and shall be afforded the opportunity to participate in the
proceeding without restriction.
(4) No assignment, pledge, or encumbrance of any right to benefits due or payable
under this chapter shall be valid; and such rights to benefits shall be exempt from
levy, execution, attachment, or any other remedy for the collection of debt. Benefits
received by any worker, as long as they are not mingled with other funds of the
recipient, shall be exempt from any remedy for the collection of all debts except
debts incurred for necessaries furnished to such worker or his spouse or dependents
during the time such worker was unemployed. No waiver of any exemption
provided for in this subsection shall be valid.
(5) The provisions of this section shall not be applicable to child support deductions
made in accordance with KRS 341.392 and withholding for federal and state
income tax in accordance with KRS 341.395.
Last Amended: 2019
2019
HISTORY: Amended 2019 Ky. Acts ch. 146, sec. 66, effective June 27, 2019. -- Amended
2006 Ky. Acts ch. 211, sec. 153, effective July 12, 2006. -- Amended 1998 Ky. Actsch. 167, sec. 7, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 266, sec. 16,
effective July 15, 1996; and ch. 271, sec. 21, effective July 15, 1996. -- Amended
1992 Ky. Acts ch. 133, sec. 5, effective July 14, 1992. -- Amended 1986 Ky. Acts ch.
26, sec. 7, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 12, sec. 1, effective
July 13, 1984. -- Amended 1982 Ky. Acts ch. 67, sec. 10, effective July 15, 1982. --
Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21). -- Amended 1950 Ky. Acts ch.
206, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942,
from Ky. Stat. sec. 4748g-12.
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