Presentation is loading. Please wait.

Presentation is loading. Please wait.

PETITION FILING Three individual workers Company representative Union or other worker representative State agency official Community-based organizations.

Similar presentations


Presentation on theme: "PETITION FILING Three individual workers Company representative Union or other worker representative State agency official Community-based organizations."— Presentation transcript:

1 PETITION FILING Three individual workers Company representative Union or other worker representative State agency official Community-based organizations no longer have status to file

2 PETITION FILING Simultaneously with DOL and State DOL-State information exchange State-specific petition forms from DCEO Vital information must be supplied Signatures Date All company info Contact person info

3 TAA WORKER INTAKE IDES Local Office First UI Claim TRA Claim Initial Waiver LWIA Next

4 TAA WORKER INTAKE Worker covered by certification Concept of identifiable worker group Determination document Evidence – notification, pay stub, etc. Lists of certifications From State From DOLs web site (www.doleta.gov) From list

5 TAA WORKER INTAKE DOL official policy - rapid reemployment Basically same as WIA dislocated worker Core Intensive Training – Use ITAs Based on assessment Reemployment first - training only if necessary

6 TAA BENEFITS AND SERVICES Trade Readjustment Allowances (TRA) Job training Job search allowances Relocation allowances Alternative TAA program for older workers Health Coverage Tax Credit All of these mostly independent – worker can receive one, some, or all except ATAA

7 TAA BENEFITS AND SERVICES IDES will administer: TRA ATAA HCTC DCEO/LWIAs will administer: Training Job search allowances Relocation allowances

8 BASIC TRA Total entitlement is 52 weeks minus UI entitlement, including extended UI Must be all used within 104 weeks of most recent qualifying separation Must be enrolled in TAA-approved training, but this can be waived Amount is equal to UI WBA from first qualifying separation Can start, stop, and resume

9 ADDITIONAL TRA Maximum of 52 weeks for all, 26 more for remedial trainees Must be participating in TAA-approved training Training requirement cannot be waived Once started, weeks count continuously

10 TRA QUALIFYING CRITERIA Must be covered by a certification Must have worked 26 out of previous 52 weeks at $30/week or more All UI entitlement exhausted Meet EB work test Must be enrolled in training, have completed training, or have a waiver (must be established within 8/16 deadline)

11 8/16 DEADLINE Applies only to TRA, although expressed in terms of enrollment in training Within 8 weeks of the certification, or 16 weeks of most recent qualifying separation Worker must be enrolled in training, or Worker must have a training waiver If missed, worker loses entitlement to ALL TRA Worker ineligible for HCTC

12 210 DAY DEADLINE Applies only to additional TRA Worker must file a bona fide application for a training program within 210 days of Issuance of the certification, or Most recent qualifying separation, whichever is later Failure to meet 210 day deadline means worker loses all right to additional TRA, both regular and for remedial trainees.

13 WAIVER A finding that training is not feasible or appropriate for the worker Original purpose – to pay basic TRA 8/16 changed that May be issued at any time after the worker is certified Six criteria specified in law

14 WAIVER CRITERIA Recall Marketable skills Retirement Health Enrollment unavailable Training not available

15 WAIVER DURING UI To beat 8/16 deadline For HCTC eligibility No need for review Worker meets UI requirements Issued by IDES Not for receipt of TRA Can be extended for basic TRA

16 NORMAL WAIVER For receipt of basic TRA Must be reviewed Issued by LWIA Can be an extension of UI- period waiver

17 BREAKS IN TRAINING Break longer than 30 days No TRA may be paid for any of those days Non-training days (holidays, weekends) do not count in the 30 Basic TRA weeks often can be made up Additional TRA weeks can never be made up Work with vendors to fill gaps

18 TAA TRAINING Up to 104 weeks of training for all Up to 26 weeks more for remedial trainees Nearly all kinds of occupational and vocational training are approvable Training that is all remedial can be approved Any WIA-approved program is TAA- approvable Annual funds limited to $220 million

19 TRAINING APPROVAL CRITERIA No suitable employment available Worker would benefit from training Reasonable expectation of employment Training reasonably available Worker qualified to undertake training Training suitable and reasonable cost

20 TAA TRAINING Training program should be based on assessment If several appropriate programs, worker choice should weigh heavily State does not have to approve anything worker wants – cost control Supplemental funds should be tapped whenever possible.

21 OTHER TRAINING ISSUES Shared costs Use of ITAs, not individual contracts Worker pays nothing Training available forever Transportation and subsistence Training full-time Quitting to attend training

22 OTHER TRAINING ISSUES One training program per worker Satisfactory progress Remedial training definition Customized training now approvable On-the-job training (OJT) issues Cap on training costs Use of ETPL

23 UP-FRONT NECESSITIES Initial waiver Beat 8-week/16-week deadline Early HCTC eligibility IDES responsibility Initial training request Beat 210-day deadline LWIA responsibility Not a waiver Forms, instructions will be provided

24 JOB SEARCH ALLOWANCES Job search activities outside commuting area Pays 90 percent of costs up to $1,250 Cannot be approved unless application precedes job search activities Application deadlines: 365 days after certification or most recent qualifying separation, or 182 days after completion of training

25 RELOCATION ALLOWANCES No expectation of suitable employment in commuting area Suitable employment, or bona fide offer, outside commuting area Deadlines: 425 days after certification or most recent qualifying separation 182 days after end of training Move must begin within 182 days of application or completion of training

26 RELOCATION ALLOWANCES 90 percent of reasonable and necessary expenses to move Worker and family Household goods Vehicles Mobile home Rental trucks, tolls, etc. Stipend of three weeks wages, up to a maximum of $1,250

27 HCTC Subsidy of 65 percent of premiums for qualified health coverage Worker must be eligible for TRA except for not necessarily having exhausted UI Subsidy may be received monthly or claimed annually at tax time

28 ATAA For workers who find new employment at lower wages Pays 50 percent of the difference Workers qualify for HCTC while participating in ATAA Maximum of two years or $10,000, whichever comes first May not receive TRA, training, or job search allowances May receive relocation allowances

29 ATAA QUALIFYING CRITERIA Worker reemployed within 26 weeks Worker is at least 50 years old New employment pays no more than $50,000 per year New employment full time by State law Worker does not return to previous employment

30 OLD TAA AND NAFTA-TAA Trade Act of 2002 abolished NAFTA-TAA and made substantial changes to TAA Workers may still qualify for benefits and services under old TAA or NAFTA-TAA certifications which are paid under old rules Old TAA petitions numbered under 50,000

31 AGENT AND LIABLE STATES Liable State is where UI claim is Agent State is usually where training will occur Liable State: Makes all approvals and determinations Pays TRA, job search, relocation Agent State pays for training

32 REQUIRED REPORTING Process reporting – ETA 563 Outcomes reporting – TAPR Financial reporting Now ETA 9023 Soon ETA 269

33 CERTIFICATION CRITERIA Primary firms and workers Directly impacted by imports Reasons for certification Increased Imports Shift of production Secondary firms and workers Indirectly impacted by imports Upstream Downstream

34 CERTIFICATION CRITERIA PRIMARY–INCREASED IMPORTS Separations, or threat thereof Declines in sales and/or production Increased imports Articles like or directly competitive with those of subject firm Contributed importantly to separations and decline in production and/or sales

35 CERTIFICATION CRITERIA PRIMARY-PRODUCTION SHIFT Separations or threat thereof Shift of production of like or directly competitive products to a country in: Free trade agreement with U.S. Andean Trade Preferences Act African Growth and Opportunity Act Caribbean Basic Economic Recovery Act Increased import or threat of increased imports

36 CERTIFICATION CRITERIA SECONDARY-UPSTREAM Separations or the threat thereof Supplies components directly incorporated in primary product Either Components supplied to primary are 20% of total business or more, or Loss of business with primary contributed importantly to separations

37 CERTIFICATION CRITERIA SECONDARY-DOWNSTREAM Separations or the threat thereof Value-added finishing processes for primary Loss of business with primary contributed importantly to separations Import impact on primary from Canada or Mexico only

38 ATAA - DTAA FINDINGS Workers must request certification for ATAA on petition DTAA must establish three additional facts Significant number of workers are 50 or older Skills not readily transferable Competitive conditions in industry

39 SECONDARY WORKERS Directly related to primary firms whose workers are certified Upstream – supply components Downstream – perform finishing operations First tier only

40 STATE OBLIGATIONS Determinations and redeterminations Use of State law Appeals and hearings State agency rulemaking Overpayments Recordkeeping Information, reports, and studies

41 UP-FRONT NECESSITIES Initial waiver Beat 8-week/16-week deadline Early HCTC eligibility IDES responsibility Initial training application Beat 210-day deadline LWIA responsibility Forms, instructions will be provided


Download ppt "PETITION FILING Three individual workers Company representative Union or other worker representative State agency official Community-based organizations."

Similar presentations


Ads by Google