Employment and Training Administration DEPARTMENT OF LABOR ETA Trade and Globalization Adjustment...

Employment and Training Administration

DEPARTMENT OF LABOR

ETA

Trade and Globalization

Adjustment Assistance Act of 2009

(TGAAA)

U.S. Department of Labor


DEPARTMENT OF LABOR

ETA

Panel Discussion

Panelist Include:• Susan Boggs, DCEO TAA Coordinator• Janet S Rosentreter, DCEO TAA Coordinator• Deborah Geier, IDES TRA Coordinator• Dwayne Anderson, IDES• Gerardo Lara, Region Five DOL• Richard Skinner, Region Five DOL


DEPARTMENT OF LABOR

ETA

TGAAA Training Logistics

• Agenda• Meeting times, breaks, lunch• Restrooms• TGAAA Binders• Questions and Parking Lot• Evaluations• Sign Up for Newbie Training


DEPARTMENT OF LABOR

ETA

Trade Adjustment Assistance

The TAA Program Assists Workers Who Suffer a Job Loss Due to

Elements of U.S. Foreign Trade, Such as Imports or Off-shoring.

Established in the Trade Act of 1974, the American Recovery and

Reinvestment Act of 2009 Significantly Reformed the Program


DEPARTMENT OF LABOR

ETA

Trade Adjustment Assistance

• Signed into Law on February 17, 2009 New program Services and Benefits begin with Petitions filed on or after May 18, 2009 through December 31, 2010.

• Two distinct sets of rules 2002 vs. 2009 will be administered for at least two years.


DEPARTMENT OF LABOR

ETA

Program Changes

Three Major Areas of change:

• Expanded Eligibility • Increased Benefits• New Funding and Reporting


DEPARTMENT OF LABOR

ETA

Worker Group Eligibility

TGAAA Section 1801

TEGL 22-08 Section B

• Manufacturing Workers

• Service Industry Workers


DEPARTMENT OF LABOR

ETA

TGAAA Section 1801 TEGL 22-08 Section B

• Public Agency Workers• Secondary Workers



DEPARTMENT OF LABOR

ETA


TGAAA Section 1801 & 1802

TEGL 22-08 Section B•Verification of Information•Firms Identified by the ITC


DEPARTMENT OF LABOR

ETA

Notification

• All Pending Petitions and Determinations Posted on DOL and DCEO Website

• DCEO List Now Includes DETS ID, # Affected and Affected Worker Group

• Determinations Sent to IDES• Determinations Sent to DCEO Staff, Managers and

LWIA• IDES Sends Public Notice• IDES Obtains Official Employee Lists


DEPARTMENT OF LABOR

ETA

TAA Rapid Response

• TAA Rapid Response Requirement

• Must Track RR Attendance

• DETS Event for Each Certification - Criteria for use of an established

event


DEPARTMENT OF LABOR

ETA

TGAAA Policy & Procedures

PRE MAY 18th STATE TAA POLICY:– WIA Policy Letter -- 09-PL-52 TAA Administration

(7-29-2009) – Newly Revised TAA Forms Sent Out (6-11-2009 )

TGAAA POLICY & FORMS:– DCEO issued 08-NOT-37 (5-18-09) Trade

Adjustment Assistance Operating Instructions including Attachment A TEGL 22-08 TGAAA Operating Instructions and Attachment B TEGL 23-08 Petitions for TGAAA.


DEPARTMENT OF LABOR

ETA

Case Management

TGAAA Section 1826

TEGL 22-08 Section G

•Employment & Case Management Services


DEPARTMENT OF LABOR

ETA

Case Management

TGAAA Section 1826 & 1852 TEGL 22-08 Section G

1) Comprehensive Assessment; 2) Development of an IEP; 3) Information on Available Training; 4) Information on Financial Aid; 5) Prevocational Services; 6) Career Counseling; 7) Employment Statistics 8) Availability of Supportive Services


DEPARTMENT OF LABOR

ETA

Case Management

• A LWIA issues a waiver and maintains the waiver.

What category of funds are used for this purpose?


DEPARTMENT OF LABOR

ETA

Trade Training

TGAAA Section 1828 TEGL 22-08 Section D

•Cap on Training Funds:– Increased funding for training

– New formula for distributing funds.


DEPARTMENT OF LABOR

ETA

Trade Training

TGAAA Section 1830

TEGL 22-08 Section D.2Adversely AffectedIncumbent Worker

Training


DEPARTMENT OF LABOR

ETA

Threatened With Layoff

TGAAA Section 1830 TEGL 22-08 Section D.2

1. Documentation is needed to prove threat of total or partial separation exists. State needs to make determination that worker is entitle to pre-separation training. IL will require that the customer‘s name be on a list from the employer with a proposed layoff date. This must be re-verified by documentation from the employer before any new segment of training.

2. Adversely affected incumbent workers must be notified of entitlement to TAA training. IDES must identify names and address of such workers by obtaining lists from employer.

3. Workers threatened with total or partial separation may begin TAA funded pre-layoff training (which can be part-time) prior to that separation. Allows earlier intervention, and unlike WIA is not intended to extend employment with the certified employer. This should lessen the worker’s overall period of unemployment by starting training earlier. Six training criteria applies.

4. Incumbent workers are also entitled to employment and case management services just as any other affected worker would be.

5. OJT or Customized Training for the Adversely Affected employment may NOT be approved unless it is for work outside the certified worker group.

6. Pre-separation training for another position with current employer only if that position is not threatened by trade.

7. Loss of Threat removes eligibility for further training. Training may be continued if threat returns or separation occurs, and may continue training already paid for. This is the One training event per certification, although that training plan may be modified when circumstances dictate.


DEPARTMENT OF LABOR

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Trade Training

TGAAA Section 1830 TEGL 22-08 Section D.3 – D.5

•Part Time Training•Prerequisites Training•Length of Training•Approval of Training


DEPARTMENT OF LABOR

ETA

PART-TIME TRAINING

• A participant starts part-time training.

Can the participant move to full-time training? What

implications are there on TRA? What other factors are

involved?


DEPARTMENT OF LABOR

ETA

LENGTH OF TRAINING

• A participant wants training for 156 weeks. The participant will be employable at the conclusion of the 156 weeks of training. No remedial or pre-requisite training is involved.

Can such a training plan be approved?

EXCEPTIONS TO THEENROLLED IN TRAINING / WAIVER FROM TRAINING

DEADLINES

45 Days for Extenuating Circumstances: Circumstances beyond the control of the worker allow an extension of the deadlines up to 45 days.

30 Days after the Termination of a Waiver: Workers who have received a training waiver must be enrolled in training prior to the first Monday 30 days after the termination of that waiver either by expiration (end of Basic TRA) or revocation in order to maintain eligibility for additional TRA.

Justifiable Cause: Justifiable cause allows an extension to the TRA time periods when circumstances are determined to be beyond the worker’s control by the CSA. In making this determination, the CSA will apply the State’s “good cause” process applicable to the State’s UI laws. This applies to both Basic and Additional TRA.

Exception to the Enrollment Deadline: Circumstances deemed to be beyond the worker’s control, such as failure of the CSA to notify the worker, justify the extension of the eligibility periods. This is the worker centric exception. The worker must meet the enrollment deadlines by Monday of the first week occurring 60 days after actual notification.

Good Cause: A State UI Good Cause provision (law, policy or practice) may be used to waive time limitations governing TRA and enrollment in training. This is the agency centric exception. The worker must meet the criteria defined in the State’s UI good cause provision.


DEPARTMENT OF LABOR

ETA

Trade Training


•Extended Training •Reasonable Cost


DEPARTMENT OF LABOR

ETA

REASONABLE COST

Reasonable cost continued: • A training plan is put together that includes

transportation cost. Are transportation cost a part of the

total cost of training?

• A participant wants training of long-term duration and wants TAA to cover some of the training and s/he will cover the remaining portions.

Can the participant use personal funds to pay

for some of the training?


DEPARTMENT OF LABOR

ETA

Trade Training


•Apprenticeship•Higher Education•WIA Training


DEPARTMENT OF LABOR

ETA

Trade Training

TGAAA Section 1831

TEGL 22-08 Section D.6

•On-The-Job Training


DEPARTMENT OF LABOR

ETA

Trade Training

TGAAA Section 1832

TEGL 22-08 Section D.7

•UI & TAA Benefits in Training


DEPARTMENT OF LABOR

ETA

TRAINING & BENEFITS

¹Cannot receive TRA after RTAA

Work Training

Benefits Eligible For

Training Costs

Full Time

----------------

RTAA

No

Part Time

--------------- NONE No

------------------

Full Time

TRA

Yes

Full Time

Part Time

RTAA

Only if NOT “Suitably Employed”

Part Time

Full Time

TRA

Yes

-----------------

Part Time NONE Yes

Part Time

(less than 20 hours)

Part Time NONE

Yes

Full Time Full Time Can choose RTAA or

TRA¹ Only if NOT “Suitably

Employed”

Part Time (at least 20 hours)

Full Time Can choose TRA or

RTAA¹ Only if NOT “Suitably

Employed”

Registered Apprenticeship Registered Apprenticeship RTAA Only if NOT “Suitably

Employed”

OJT OJT NONE No


DEPARTMENT OF LABOR

ETA

Trade Readjustment Allowances


TEGL 22-08 Section C.1

•TRA Eligibility


DEPARTMENT OF LABOR

ETA

Trade Readjustment Allowance

• Unemployment Insurance means the compensation payable under State or Federal UI law and includes additional and extended compensation (EB & EUC).

• Week of Unemployment means a week of total, part-total, or partial unemployment as determined under applicable State or federal UI law.


DEPARTMENT OF LABOR

ETA

TRA ELIGIBILITY

A worker has a separation on January 1st; exhausts 26 weeks of Regular UI on June 30th. A petition is filed May 30th and his past employment becomes certified on June 30th. For this scenario there is no EB or EUC payable. He applies for TRA on July 10th and is approved on July 20th.

What is the First Payable Week of TRA?


DEPARTMENT OF LABOR

ETA


TGAAA Section 1821


•Enrollment in Training Waiver from Training Deadlines

EXCEPTIONS TO THEENROLLED IN TRAINING / WAIVER FROM TRAINING

DEADLINES45 Days for Extenuating Circumstances: Circumstances beyond the control of the worker allow an extension of the deadlines up to 45 days.

30 Days after the Termination of a Waiver: Workers who have received a training waiver must be enrolled in training prior to the first Monday 30 days after the termination of that waiver either by expiration (end of Basic TRA) or revocation in order to maintain eligibility for additional TRA.

Justifiable Cause: Justifiable cause allows an extension to the TRA time periods when circumstances are determined to be beyond the worker’s control by the CSA. In making this determination, the CSA will apply the State’s “good cause” process applicable to the State’s UI laws. This applies to both Basic and Additional TRA.

Exception to the Enrollment Deadline: Circumstances deemed to be beyond the worker’s control, such as failure of the CSA to notify the worker, justify the extension of the eligibility periods. This is the worker centric exception. The worker must meet the enrollment deadlines by Monday of the first week occurring 60 days after actual notification.

Good Cause: A State UI Good Cause provision (law, policy or practice) may be used to waive time limitations governing TRA and enrollment in training. This is the agency centric exception. The worker must meet the criteria defined in the State’s UI good cause provision.


DEPARTMENT OF LABOR

ETA

ENROLLMENT IN TRAINING

A worker receives a Waiver from Training and begins an extended job search. The Waiver is extended to the end of basic TRA as the job search continues. Basic TRA is exhausted May 30th and the worker and case manager have been looking into training options.By what date must the worker be

enrolled in training to preserve eligibility for additional TRA?


DEPARTMENT OF LABOR

ETA



TEGL 22-08 Section C.3 & C.4

•Waiver of Training•Weekly Amounts of TRA


DEPARTMENT OF LABOR

ETA

Reduction to BASIC TRA

• Certification date: 6/19/09• Impact date 5/18/08• Clmts First Qualifying separation is 6/6/08• Clmts Last Qualifying separation is 5/1/09• UI Benefit year in effect at time of FQS:

7/1/07 through 6/28/08. Will there be a reduction to the BASIC TRA

balance if this claimant exhausts UI after the TRA first allowable date of claim (6/21/09)?


DEPARTMENT OF LABOR

ETA

WAIVER REVIEWS

A Waiver is issued for Marketable Skills on May 1st and the participant begins looking for work with the aid of a case manager. They meet frequently to build a better job search technique and explore all the options.

On what date must the conditions for the waiver be reviewed

between the case manager and the worker?


DEPARTMENT OF LABOR

ETA

Change: TRA WBA reduction for wages earned while in full-time training

• Statutory Change: Section 1822 of the 2009 Amendments amends Section

232(a)(1) – (2) of the 2002 Act to read in part:

such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of theunemployment insurance payable to the worker for a week of total unemployment preceding the worker’s first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B)).


DEPARTMENT OF LABOR

ETA

Example of Reductions to UI WBA

Claimant attending full-time TAA approved training, works and earns wages

UI WBA = $385½ WBA = $192.50If claimant earns up to $384 in part-time

work, claimant will receive UI benefits.If claimant earns $385 or works full-

time, claimant will receive $0 UI benefits


DEPARTMENT OF LABOR

ETA

TRA DEDUCTIBLE EARNINGS

A participant is enrolled and participating in Full-Time training and working part-time. His TRA WBA is $350 and his weekly earning are $300.

What effect will his earnings have on his TRA weekly

payment?


DEPARTMENT OF LABOR

ETA

Example of TRA Benefit Reduction

• TRA WBA = $350• Claimant in full time training, works and

earns $300

TRA WBA $350Wages $300 (less than TRA

WBA, wages count as $0)

TRA WBA to be paid = $350WBA plus wages = $650 for the week


DEPARTMENT OF LABOR

ETA

Change to TRA Deductible EARNINGS

A participant is enrolled and participating in Full-Time training and working part-time. His TRA WBA is $350 and his weekly earning are $400.What effect will his earnings

have on his TRA weekly payment?


DEPARTMENT OF LABOR

ETA

Change to TRA Deductible EARNINGS


earns $400

TRA WBA $350Wages $400 (Amt of

wages over WBA = less than ½

WBATRA WBA to be paid = $350WBA plus wages = $750 for the week


DEPARTMENT OF LABOR

ETA


• TRA WBA = $350• Claimant in full time training, works

and earns $550

TRA WBA = $350½ TRA WBA = $175Wages of $550 less TRA WBA = $200$200 exceeds ½ WBA by $25TRA WBA to be paid = $325


DEPARTMENT OF LABOR

ETA



earns $700

WBA $350Wages $700 (first $350 counts as

$0, but remainder of wages equal to TRA WBA

TRA WBA to be paid $0


DEPARTMENT OF LABOR

ETA

Treatment of Earnings in Illinois by Program

• Customer in approved full-time training, receiving IL unemployment insurance – if works, customer may earn less than WBA and still receive unemployment insurance

• Customer waived from training, receiving IL unemployment insurance – if works, customer may earn less than WBA and still receive unemployment insurance

• Customer waived from training, receiving TRA—if works, customer may earn less than WBA and still receive TRA.

• Customer in approved full-time training, receiving TRA – if works, no wages equal to WBA will be counted, customer will have deductions from WBA if difference between gross wages and WBA exceeds more than one-half the WBA up to TRA WBA.


DEPARTMENT OF LABOR

ETA

HCTC

• HCTC tax credit percentage increased from 65% to 80%, beginning with April 2009 invoices to monthly HCTC participants.

• The definition of an eligible TAA recipient has changed to include individuals who are: receiving unemployment compensation, whether or not they meet the TAA enrollment in training requirements, and, certain individuals who have a break from training.

• New COBRA Premium Subsidies make individuals ineligible for the HCTC

• If an individual elects the 65% COBRA Premium Subsidy from their employer – a new program established by the economic stimulus bill - it will disqualify the individual from receiving the 80% HCTC during that same month.

• COBRA benefits have been extended - The maximum period for COBRA benefits now matches the maximum period for TAA eligibility.

• HCTC Continuation for Family Members - Beginning in January 2010, qualified family members may continue receiving the HCTC for up to 24 months after the primary eligible individual is no longer receiving the HCTC due to certain life events, including divorce, death or enrollment in Medicare.

• Retroactive HCTC payments will soon be available to monthly participants - Beginning in August 2009, newly-enrolled HCTC participants will be able to receive a credit on their HCTC account for qualified health insurance payments they paid while enrolling in the monthly HCTC Program.

51For internal HCTC Use Only

The HCTC is available to individuals who:

STEP 1 – Meet Initial Requirements: • Pension Benefit Guaranty Corporation (PBGC) Recipient • Trade-Affected (TAA, ATAA or RTAA certified)

STEP 1 – Meet Initial Requirements: • Pension Benefit Guaranty Corporation (PBGC) Recipient • Trade-Affected (TAA, ATAA or RTAA certified)

STEP 2 – Meet General Requirements:• Not enrolled in Medicare • Not claimed as a dependant on another person’s federal tax return

STEP 2 – Meet General Requirements:• Not enrolled in Medicare • Not claimed as a dependant on another person’s federal tax return

STEP 3 – Are enrolled in a Qualified Health Plan: • COBRA • State-Qualified Health Plans• Spousal Coverage• Non-group / Individual Health Plan

STEP 3 – Are enrolled in a Qualified Health Plan: • COBRA • State-Qualified Health Plans• Spousal Coverage• Non-group / Individual Health Plan

HCTC OverviewHCTC Overview


Repeated Monthly HCTC Process for Participants

Pays 20%Pays 20%

IRS Adds 80%

Health Plan Receives 100%Health Plan Receives 100%

Complete the registration form

The monthly program allows participants to receive monthly assistance in paying health care premiums.

How the HCTC WorksHow the HCTC Works

As a reminder:• Invoice dates change month to month• Payment must be received in order for

the IRS to add 80%


Yearly HCTC Process

How the HCTC WorksHow the HCTC Works

The yearly HCTC allows eligible individuals to receive the tax credit upon filing their federal tax return.

Individual Receives Payment or Credit Against Taxes

Individual Submits Proof of Payment

and Insurance IRS Accepts Tax Return

Individual Files Annual Tax Return &

Form 8885

$$$




and Insurance IRS


Form 8885

$$$


and Insurance


and Insurance


Form 8885

$$$


How is a TAA eligible reported so that IRS can determine HCTC eligibility

• Worker is separated from adversely affected employment, files a UI claim/TRA claim and receives a payment for any day during the month; OR,

• Worker applies for and receives an ATAA/RTAA payment for any day of a month

• IDES will continue to report the worker as a potentially eligible candidate for HCTC if receives UI, TRA or RTAA benefit for any day in a month

• IDES will report workers who are on a break in training in excess of thirty days.


DEPARTMENT OF LABOR

ETA


TGAAA Section 1822


•Election of TRA or UI


DEPARTMENT OF LABOR

ETA

ELECTION OF TRA / UI

A participant works part-time while attending full-time training and receiving additional TRA

at $300 weekly. A new benefit year is established with a UI WBA of $200.

Would this participant have an opportunity to

elect to receive TRA instead of UI?


DEPARTMENT OF LABOR

ETA

A participant has lag wages from certified employment. She is attending full-time training and receiving additional TRA at $300 weekly. A new benefit year is established with a UI WBA of $200.

Would this participant have an opportunity

to elect to receive TRA instead of UI?



DEPARTMENT OF LABOR

ETA

A participant works part-time while attending full-time training and receiving additional TRA at $300 weekly. A new benefit year is established with a UI WBA of $310.

Would this participant have an opportunity to elect to receive

TRA instead of UI?



DEPARTMENT OF LABOR

ETA

Claimant is in approved training and working part time. The gross earnings are the same as the TRA WBA, therefore is receiving the full WBA of TRA. The state triggers onto Tier II of EUC or Extended Benefits and the claimant is taken off TRA and switched to EUC. The claimant’s earnings are the same as the EUC WBA, therefore receives nothing on the EUC. As long as the claimant continues to earn the same amount as the EUC WBA, they will not exhaust EUC and will not receive a payment.

Would this participant have an opportunity to

elect to receive TRA instead of EUC?



DEPARTMENT OF LABOR

ETA


TGAAA Section 1823 & 1821TEGL 22-08 Section C.5

•Remedial / Prerequisite TRA

•Additional TRA•Elimination of 210 Days


DEPARTMENT OF LABOR

ETA

REMEDIAL TRA

A participant attends 20 weeks of prerequisite training before entering occupational training that lasts an additional 100 weeks. The first week of training was aligned with the first week of basic TRA.

What entitlement does this person

have for remedial TRA?


DEPARTMENT OF LABOR

ETA

ADDITIONAL TRA

A participant drawing Additional TRA takes the summer off from training and goes to work to replace the TRA income that he will not receive while not in training.

How does this effect his Additional

TRA and eligibility for HCTC?


DEPARTMENT OF LABOR

ETA


TGAAA Section 1824 TEGL 22-08 Section C.6

• Judicial or Administrative Review

• Justifiable Cause to Extend Eligibility Period

• Military Service


DEPARTMENT OF LABOR

ETA



TEGL 22-08 Section C.7 & C.8

•Good Cause Provisions•Waiver of O/P Recovery


DEPARTMENT OF LABOR

ETA

AGENT / LIABLE STATE

• Based in State UI Law and defined in 617.3 (aa)– Can Change if new UI eligibility established

617.16 (b)

• Uniform Application is discussed in 617.52 (b)

• Liable State makes ALL Eligibility Determinations, Redeterminations, and Appeals 617.26 (a)

• Agent State takes Applications, Provides Reemployment Services, Provides Information for Liable State Determinations, Procures and Pays for Approved Training…including Subsistence and Transportation… 617.26 (b)


DEPARTMENT OF LABOR

ETA


Other TRA Provisions are not Changed

– 20 CFR 617 subpart B– TEGL 11-02 w/changes– Until superseded by Regulations


DEPARTMENT OF LABOR

ETA

Reemployment TAA

TGAAA Section 1841 - TEGL 22-08 Section H.2 & H.3

1. Application during the 104 eligibility period from UI exhaustion or reemployment, and retroactive payment possible.

2. 50 Years of Age at Reemployment 3. $55,000 limit on new annualized wages & 104 week eligibility period4. Fulltime Employment (defined by State law or State definition) if not

in training 5. Employment at least 20 hours per week if enrolled in approved

fulltime training6. May not return to Adversely Affected Employment7. Combined employment may be used to reach fulltime8. Qualifying employment prior to separation may also be used9. If they have not received TRA the two year period begins at the

earlier of the week of reemployment or week of exhaustion of UI eligibility.


DEPARTMENT OF LABOR

ETA

Reemployment TAA

• A WORKER WHO HAS NOT RECEIVED TRADE READJUSTMENT ALLOWANCE: In the case of a worker who has not received a trade readjustment allowance, the worker may receive RTAA benefits for a period not to exceed 2 years beginning on the earlier of: * the date on which the worker exhausts all rights to unemployment insurance based on the most recent qualifying separation of the worker from the adversely affected employment that is the basis of the certification; or * the date on which the worker obtains reemployment.

• A WORKER WHO HAS RECEIVED TRADE READJUSTMENT ALLOWANCE:In the case of a worker who has received a trade readjustment allowance, the worker may receive RTAA benefits for a period of 104 weeks beginning on the date on which the worker obtains reemployment reduced by the total number of weeks for which the worker received such trade readjustment allowance.


DEPARTMENT OF LABOR

ETA

RTAA ELIGIBILITY PERIOD

A person receives, but does not exhaust an EUC balance because they reached the end of the Benefit Period and did not qualify for a new UI claim.

When does the RTAA eligibility period begin since UI was not

exhausted?


DEPARTMENT OF LABOR

ETA

RTAA REDUCED BY TRA

If a participant is receiving EB or EUC in lieu of TRA would those weeks also be subtracted from the 104 week RTAA eligibility period?


DEPARTMENT OF LABOR

ETA

RTAA & Military

Can RTAA Benefits be made available for work at a lesser rate of pay in the Military?


DEPARTMENT OF LABOR

ETA

Reemployment TAA

TGAAA Section 1841 TEGL 22-08 Section H.5

Amount of Payments

Determining Eligibility Period

104 Week Maximum Weeks of TRA Received Eligibility Period (x)

104 - 26 = 78

Determining Maximum RTAA Benefit

Factors

x Eligibility Period

y 104 Weeks

z $12,000

Ratio

x/y = Ratio

Formula

(x/y) * z = RTAA Benefit

ratio * $12,000 = RTAA BenefitsEXAMPLE: (78/104)*12,000

=9000


DEPARTMENT OF LABOR

ETA

Reemployment TAA

TGAAA Section 1841

TEGL 22-08 Section H.7

Wage Calculations


DEPARTMENT OF LABOR

ETA

Reemployment TAA

TGAAA Section 1841

TEGL 22-08 Section H7, H8, H9•Continuing Eligibility

•Overpayments•Other Program Benefits


DEPARTMENT OF LABOR

ETA

RTAA ELIGIBILITY

Participant is working 21 hours per week and in full-time training. Hours of employment drop to 15 for 1 week or more.

What is the impact on RTAA and continuation of training?


DEPARTMENT OF LABOR

ETA

RTAA & Peer Counselors

• Peer Counselors could receive RTAA Benefits while working for the LWIA.

• This would enable the Peer Counselor to access HCTC benefits.

• Training benefits are also an option.


DEPARTMENT OF LABOR

ETA

Alien Verification

TGAAA Section 1853 TEGL 22-08 Section I

1. Immigration status must be initially verified on all Self-Reporting aliens.

2. Receipt of all TAA benefits and services requires satisfactory immigration status. Documents used to verify status include expiration dates that must be recorded and tracked on IWDS to ensure eligibility throughout the delivery of TAA.

3. The Systematic Alien Verification for Entitlement (SAVE) system operated by US Customs and Immigration Service is the required vehicle for verifying status, and if available that system will also include an expiration date.

4. If expiration occurs during the receipt of service or benefits under TAA that status must be re-verified before services may continue. States must have a system to alert staff if status expires while eligibility continues.

5. One of the six conditions for approving training is the reasonable expectation of employment following training…If satisfactory immigration status does not exist at the planned conclusion of training…that training plan may NOT be approved.


DEPARTMENT OF LABOR

ETA

Control Measures

TGAAA Section 1852

TEGL 22-08 Section I.2 & I.31. DCEO and IDES must review a sample of participant files to identify best

practices, process deficiencies, and training needs. This requirement must be met along with reporting for the quarter ending December 31st 2009.1. Must include Pre and Post 2009 Amendments2. Minimum quarterly random sample of 20 files. OMB has suggested they

prefer a % approach so this may change.3. Sample must include more than one Certification4. Four samples should be from at least 4 areas of the State5. Documentation must be available for federal review.6. Regional Offices may alter this strategy to better suit specific states…i.e.…

smaller activity levels.2. States must implement control measures to improve the accuracy and

timeliness of reported data:1. Monitor internal systems that collect data2. Monitor outgoing reports for accuracy


DEPARTMENT OF LABOR

ETA

Job Search & Relocation

TGAAA Section 1833 - TEGL 22-08 Section E & F

1. Incumbent Workers are not eligible.

2. Reimbursement increased from 90% to 100%.

3. Maximum amounts payable increased to $1,500.

4. Must be within the United States or Puerto Rico.

5. Removes the prior receipt of a training waiver from determining the timeframe for filing for these benefits.

1. 365 days after certification or separation, or 182 days after completing approved training for Job Search.

2. 425 days after certification or separation, or 182 days after completing approved training for Relocation.


DEPARTMENT OF LABOR

ETA

Data Reporting & IWDS

• Proposed Trade Act Participant Reporting Requirements (TAPR )

• New TAPR Combines ATAA AR; 563 and old TAPR

• New TAPR covers ALL individual Trade customers

• How TAPR affects IWDS data entry


DEPARTMENT OF LABOR

ETA

The End

•Other DOL or State Training•Web Resources•Peer Consultations•Regional Technical Assistance

Employment and Training Administration DEPARTMENT OF LABOR ETA Trade and Globalization Adjustment...

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Transcript of Employment and Training Administration DEPARTMENT OF LABOR ETA Trade and Globalization Adjustment...