Presentation on theme: "2 The TAA program has and will continue to help workers who have lost their jobs as a result of foreign trade to quickly rejoin the workforce by providing."— Presentation transcript:
2 The TAA program has and will continue to help workers who have lost their jobs as a result of foreign trade to quickly rejoin the workforce by providing them with the means to attain competitive and marketable skills for today’s increasingly competitive work environment.
3 The TAA program was first established by the Trade Act of 1974, and has been amended several times. IIt was amended in 2002 through the Trade Adjustment Assistance Reform Act of 2002 (TAARA) IIn 2009 it was amended through the Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) TThe latest amendment was in 2011 through the Trade Adjustment Assistance Extension Act of 2011 (TAAEA) AAs of January 1, 2014, the TAAEA’s Sunset Provisions began and implemented Reversion 2014 (2014-R)
5 Employment and Case Management Services: Skill assessments, career counseling, supportive services, information on training, and more (Funding for case management not available to workers under Reversion 2014) Training: Allowable types of training include: classroom training, on the-job training, customized training designed to meet the needs of a specific employer or group of employers, apprenticeship programs, post secondary education, or remedial education, which may include GED preparation, literacy training, basic math, or English as a Second Language. The cost of training is paid to the training provider by the State with TAA Program funds Trade Readjustment Allowances (TRA): Participants may receive additional weeks of income support if they are enrolled in training within specific deadlines depending on the law they are subject to Reemployment/Alternative Trade Adjustment Assistance (RTAA/ATAA): A wage subsidy available to workers age 50 or over who are reemployed at annual wages less than what they were making at the TAA certified employer *Restrictions apply* Job Search Allowance: Reimbursement for job search costs outside the worker’s local area Relocation Allowance: Reimbursement for relocation costs for a job outside the worker’s local area
6 2002 Act applies to… Workers who are covered by petitions filed before May 18, 2009. Petition numbers are 69,999 and lower and Workers who are covered by petitions filed on or after February 15, 2011. Petition numbers 80,000 through 80,999 2009 Act applies to… Workers who are covered by petitions filed on or after May 18, 2009. Petition numbers are 70,000 through 79,999 2011 Act applies to… Workers who are covered by petitions filed on or after October 21, 2011. Petition numbers 81,000 through 84,999 2014-Reversion applies to… Workers who are covered by petitions filed on or after January 1, 2014. Petition numbers are 85,000 and higher
7 Enactment: ◦ Reversion 2014 - the Sunset Provisions of the 2011 TAAEA Amendments which were implemented January 1, 2014. These provisions called Reversion 2014 change both the certification requirements for petitions filed January 1, 2014 and the benefits available to workers covered under these petition certifications. *Coded in MOSES as (2014-R) ◦ Benefits and services under Reversion 2014 are effective as of January 1, 2014 through December 31, 2014 ◦ The TAA program will administer four distinct sets of rules for the 2002, 2009, 2011 and Reversion 2014
8 December 31, 2013 o End of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA of 2011) o Health Care Tax Credit (HCTC) ended January 1, 2014 o As of January 1, 2014, the TAAEA’s Sunset Provisions take place implementing Reversion 2014 (2014-R) December 31, 2014 o Reversion 2014 ends
9 ‣Incumbent worker training - Adversely affected incumbent workers are not eligible for TAA benefits and services (workers must be separated from adversely affected employment) ‣State and Federal Good Cause – These provisions are no longer available, but states may apply Equitable Tolling of deadlines consistent with the TEGL No. 08-11 to extend deadlines in egregious circumstances. (In order to apply for Equitable Tolling, one must have an approved Extenuating Circumstances extension) ‣Justifiable Cause – No longer available. Can no longer extend the period in which TRA can be paid (per TEGL No. 22-08, Section C.6.2) ‣Health Coverage Tax Credit (HCTC) - No longer available as of January 1st 2014. ‣Earnings UP TO TRA WBA – No longer allowed to earn up to 100% of your WBA (due to full time training requirement and no provision for part time training allowed under REVERSION 2014): hence no earnings disregard allowance (which was previously incorporated by TGAAA and TAAEA). May only earn up to 1/3 of your WBA. ‣Election of TRA or UI – No option available for filing for TRA or UI subsequent benefits. All TRA requires the exhaustion of all UI entitlement.
10 ‣Deadline - Training must be approved by the latter of 8 weeks from date of petition certification; or 16 weeks from worker’s most recent total separation ‣Training – Only full time training can be approved ‣Employment and Case Management - Funds are not provided; States are required to “make every reasonable effort,” to provide case management services through co-enrollment in ES, WIA, NEG or other partner programs ‣ATAA - Wage subsidies for older workers under RTAA are no longer available, ATAA is restored. ‣Special Rule for Military - Military Service Deadline Extension is no longer available (returning members of the Armed Forces and National Guard units could be determined ineligible for benefits if, for example, they missed the enrollment in training deadlines as a condition of TRA eligibility, or if the plant at which they worked closed while they were away on active duty)
12 Watch out for those deadlines! 8/16 Weeks TRA 8 weeks after certification or 16 weeks after separation 26 Weeks ATAA Reemployed within 26 weeks of separation 365 Days Job Search Allowance Apply 365 days from separation/certification or 6 months after training 425 Days Relocation Allowance Apply 425 days from separation/certification or 6 months after training What can be done to help the customer avoid missing their deadlines?
13 Trade’s Axiom: The least amount of training at the lowest reasonable cost in the shortest amount of time to obtain the skills, credentials, resources, and support necessary to become suitably reemployed.
14 1. There is no suitable employment (which may include technical and professional employment) available for the adversely affected worker. 2. The worker would benefit from appropriate training. 3. There is a reasonable expectation of employment following completion of such training. 4. Training approved by the Secretary is reasonably available to the worker from either governmental agencies or private sources. 5. The worker is qualified to undertake and complete such training. 6. Such training is suitable for the worker and available at a reasonable cost.
15 Training programs are approvable for a total of 130 weeks Incumbent training is NOT allowable Participant must attend FULL TIME training Although Remedial TRA no longer exists, Remedial training is still approvable for all eligible participants Reasonable Costs: ◦ Remedial Training: $10,000 ◦ Occupational Training:$20,000 ◦ Degree Programs: $28,000 ◦ MAX (including travel, subsistence, etc.): $35,000 These costs are for ALL TAA Participants, regardless of petition number
Allowable ◦ All tuition & fees; ◦ Training Materials (books, uniforms, basic supplies, equipment) Basic supplies (pens, papers, pencils) *Workforce Issuance Policy No. 10-45 ◦ Transportation costs (mileage, mass transit, parking) ◦ Laptops and software may be purchased if they are required for all students by the institution for the approved training program ◦ Health insurance premium costs, if all students are required to carry health insurance and they are not otherwise covered ◦ Initial professional licensing fees and licensing exam fees Not Allowable (under TAA funds) ◦ Child care, Auto repair, etc. Allowable under WIA, NEG and other partner programs 16
17 Must be established at the beginning and is required of all training programs longer than 3 months REQUIRED for Completion TRA eligibility (under 2011 and 2014-R) Reviews will be conducted at 60 day intervals from the start of the training plan ◦ This will strengthen case management efforts Benchmarks will be documented in an IEP/CDP and signed by the participant Encourages early intervention and modification of unsuccessful training plans ◦ Modifications can increase training completion and credential attainment ◦ Modifications can include: tutoring, changing from a degree to certificate, etc.
ProgramMaximum Weeks of Approved Training Part-Time Training Allowable Breaks in Training (Days) Remedial Training / Prerequisite Courses Online Training 2002130NO30YES 2009156YES30YES 2011130YES30YES Reversion 2014 130NO30YES 18
19 Part Time training is allowed under Reversion 2014. Training Benchmarks must be established at the beginning of all training programs longer than 3 months.
Trade Readjustment Allowances (TRA) (up to 130 week) Trade Readjustment Allowances (TRA) is income support (up to 130 week) for individuals enrolled in full-time training within 8/16 weeks of trade related layoff or certification (respectively), whichever is later three types of TRA There are three types of TRA: Basic TRA, Additional TRA, and Completion TRA. 21
22 An individual must… Meet the 8/16 week deadline ◦ 8 weeks from the date of the petition certification; OR ◦ 16 weeks from the worker’s most recent total separation from adversely affected employment Have 26 weeks of employment at the Trade-certified company earning $30 or more Be eligible for UI based on separation from Trade-certified company Have exhausted all UI (on initial claim) Be enrolled in TAA-approved training or have an approved waiver from training o Accept suitable work, actively seek work, be referred to suitable work
23 UI /(Extensions) and Basic TRA= 52 weeks Additional TRA (if in training)= 65 weeks max Maximum of= 117 weeks Completion TRA (if Benchmarks and other criteria are met) = 13 weeks max Maximum of= 130 weeks
24 The total amount of Basic TRA available will be calculated by: multiplying your UI weekly benefit amount by 52 and subtracting the total sum of UI received. Therefore, if you have already received at least 52 weeks of UI generally you will not be eligible to receive any Basic TRA.
26 TRA Type 2002 TAARA 2009 TAGAA 2011 TAAEA 2014 REVERSION BASIC 52 (reduced by any UI received ) ADDITIONAL up to 52 weeks in 52 up to 78 weeks in 91 Up to 65 weeks in 78 Up to 65 weeks in 78 (Total)104 weeks130 weeks117 weeks REMEDIAL UP TO 26 weeks DOES NOT EXIST ANYMORE COMPLETION___________ UP TO 13 weeks if established benchmarks are met and still in training TOTAL NUMBER OF WEEKS 130 weeks156 weeks130 weeks
27 Completion TRA aligns with the Department’s larger aim to increase the completion of recognized credentials provides participants with up to 13 additional weeks of income support while in full time training must be applied for within the last 20 weeks of training Conditions of Completion TRA: ◦ The requested weeks are necessary for the worker to complete a training program that leads to a degree or industry recognized credential; AND ◦ The worker is participating in training each week; AND ◦ The worker has met the performance benchmarks established in the approved training plan; AND ◦ The worker is expected to continue to make progress toward the completion of the approved training; AND ◦ The worker will be able to complete the training during the period authorized for receipt of Completion TRA
o While there are 13 weeks of Completion TRA payable to eligible TAA participants, these 13 weeks can be collected within a 20 week time frame as long as the approved training will be completed within the 20 weeks. o This 20 week time frame will begin with the first week in which a TAA participant files a claim for Completion TRA and not automatically at the end of Additional TRA. o If a participant has exhausted all other UI and TRA benefits, but will not be able to complete approved training within the allowable 20 week period, none of the 13 weeks of Completion TRA are able to be paid. 28
29 How many types of TRA benefits may a participant potentially collect throughout their training period? If a participant’s training ends in 25 weeks, would they be eligible to claim Completion TRA? Elaborate…3 -Basic -Additional -Remedial/Completion NO -Maximum of 13 weeks payable in the last 20 weeks of training
31 The Extenuating Circumstances (EC) extension extends the 8/16 week deadlines by an additional 45 days. “Extenuating Circumstances” must be circumstances beyond the control of the worker. The “Secretary” determines if there are extenuating circumstances that justify an extension in the enrollment period – the state acts as the Secretary in this case.
32 There is no single, universally endorsed definition of “extenuating”. In general, the situation must be beyond the individual’s immediate control and must be unusual and/or infrequent, unexpected, and significantly disruptive. Examples include: Hospitalization Family bereavement Incarceration Domestic displacement Etc.
33 Equitable Tolling of a deadline may only apply in egregious circumstances where an individual acted with due diligence to meet the deadline. Equitable Tolling should be applied in situations where it would be manifestly unfair to deny a worker TRA Benefits that can be Equitably tolled: Training (TRA purposes), Additional TRA, Job Search Allowances, Relocation Allowances A 45 day EC must be submitted and approved prior to Equitable Tolling being approved. Equitable Tolling May apply to all TAA customers
34 Length of Time Allowed: ◦ Training for TRA purposes knew or should have known Start on the date the person knew or should have known + the latter of the last day of the 8th week or 56 days ◦ Additional TRA knew or should have known Start on the date the person knew or should have known + 210 days ◦ Job Search Allowances knew or should have known Start on the date the person knew or should have known + 365 days OR if participated in TAA approved training + 182 days from the end date of training ◦ Relocation Allowances knew or should have known Start on the date the person knew or should have known + 425 days OR if participated in TAA approved training + 182 days from the end date of training
Health – The worker is unable to participate in training due to the health of the worker, except that this basis for a waiver does not exempt a worker from the availability for work, active search for work, or refusal to accept work requirements under Federal or State unemployment compensation laws. Enrollment Unavailable – The first available enrollment date for the worker’s approved training is within 60 days after the date of the training determination, or, if later, there are extenuating circumstances for the delay in enrollment, as determined under guidance issued by the Secretary. Training Not Available – Training approved by the Secretary is not reasonably available to the worker from either governmental agencies or private sources (which may include area vocational schools as defined in section 3 of the Carl D. Perkins Vocational and Technical Education Act of 1998 (20 USC 2302) and employers), no suitable training for the worker is available at reasonable cost. 35
36 Waiver Type 2002 & 2009 Programs 2011 Program 2014-R Program Health ConditionXXX Enrollment in Training Not Available XXX No Training is Available XXX RecallX DOES NOT EXIST ANYMORE Marketable SkillsX DOES NOT EXIST ANYMORE RetirementX DOES NOT EXIST ANYMORE For 2014-R: Waivers are to be submitted and reviewed every 30days
Danny Dante worked for Management Operation LLC from 2/25/1995 – 1/03/2014. The company was trade certified on 04/15/2014. The career counselor submitted a Training package for the Six Sigma Green Belt Certification on 4/29/2014. Classes will start 7/5/2014 and end 8/20/2014. As of 05/01/2014, the 1666 determination is still “pending”. The TRA deadline is 6/10/2014. 37 Question 1 Can this training be approved? Elaborate … NO… The training can be submitted for review but cannot be approved as the determination for TAA benefits (1666) is still pending. As of today 05/02/2014, the 1666 was approved. Question 2 Can this training be approved? YES
Danny Dante worked for Management Operation LLC from 2/25/1995 – 1/03/2014. The company was trade certified on 04/15/2014. The career counselor submitted a Training package for the Six Sigma Green Belt Certification on 4/29/2014. Classes will start 7/5/2014 and end 8/20/2014. As of 05/01/2014, the 1666 determination is still “pending”. The TRA deadline is 6/10/2014. 38 Question 3 Is the client eligible to receive Trade Readjustment Allowance (TRA)? NO ….however if there is an APPROVED Enrollment Unavailable waiver (Moses:Training starts beyond 30 days) Client will be eligible for TRA Question 4 Are benchmarks required for this client? NO … training is less than 3 months (90 days)
39 Following the Sunset Provisions for Reversion 2014, RTAA is replaced by ATAA The following rules apply: o Requires separate group certification (at the time of filing a Petition) o Must be at least age 50 at time of reemployment o Cannot earn more than $50,000 annually in gross wages o Workers may receive up to $10,000 over the course of the 2 year eligibility period o 26 week deadline for reemployment from date of separation o Not be with the same division/facility from which he/she was separated. o Workers must choose between TRA or ATAA o ATAA participants may not participate in training nor receive job search allowances
40 The 2014 Program reverts to the 2002 rules as follows: ◦ Job Search: 90% of allowable costs, up to $1,250 ◦ Relocation: 90% of allowable and reasonable costs Provides an additional lump sum payment of up to $1,250
41 No longer available ‣Incumbent worker training - No longer available Adversely affected incumbent workers are not eligible for TAA benefits and services (workers must be separated from adversely affected employment) No longer available ‣State and Federal Good Cause – These provisions are No longer available, but states may apply Equitable Tolling of deadlines consistent with the TEGL No. 08-11 to extend deadlines in egregious circumstances. (In order to apply for Equitable Tolling, one must have an approved Extenuating Circumstances extension) No longer available ‣Justifiable Cause – No longer available. Can no longer extend the period in which TRA can be paid (per TEGL No. 22-08, Section C.6.2) No longer available ‣Health Coverage Tax Credit (HCTC) - No longer available as of January 1st 2014. No longer allowed ‣Earnings UP TO TRA WBA – No longer allowed to earn up to 100% of your WBA No option allowed ‣Election of TRA or UI – No option allowed for filing for TRA or UI subsequent benefits. All TRA requires the exhaustion of all UI entitlement.
42 Going back ‣Deadline – Going back to the 8 weeks from date of petition certification; or 16 weeks from worker’s most recent total separation (8/16 weeks) Only full time Approved ‣Training – Only full time training can be Approved Funds are not available ‣Employment and Case Management - Funds are not available (states are required to “make every reasonable effort,” to provide case management services through co-enrollment in ES, WIA, NEG or other partner programs Is restored ‣ATAA - Is restored Wage subsidies for older workers under RTAA are no longer available, ATAA. No longer available ‣Special Rule for Military - Military Service Deadline Extension is No longer available