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Employment and Training Administration DEPARTMENT OF LABOR ETA Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) U.S. Department of Labor.

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Presentation on theme: "Employment and Training Administration DEPARTMENT OF LABOR ETA Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) U.S. Department of Labor."— Presentation transcript:

1 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) U.S. Department of Labor

2 Employment and Training Administration 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

3 Employment and Training Administration 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

4 Employment and Training Administration 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

5 Employment and Training Administration 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, Two distinct sets of rules 2002 vs will be administered for at least two years.

6 Employment and Training Administration DEPARTMENT OF LABOR ETA Program Changes Three Major Areas of change: Expanded Eligibility Increased Benefits New Funding and Reporting

7 Employment and Training Administration DEPARTMENT OF LABOR ETA Worker Group Eligibility TGAAA Section 1801 TEGL Section B Manufacturing Workers Service Industry Workers

8 Employment and Training Administration DEPARTMENT OF LABOR ETA TGAAA Section 1801 TEGL Section B Public Agency Workers Secondary Workers Worker Group Eligibility

9 Employment and Training Administration DEPARTMENT OF LABOR ETA Worker Group Eligibility TGAAA Section 1801 & 1802 TEGL Section B Verification of Information Firms Identified by the ITC

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11 Employment and Training Administration 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

12 Employment and Training Administration 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

13 Employment and Training Administration DEPARTMENT OF LABOR ETA TGAAA Policy & Procedures PRE MAY 18 th STATE TAA POLICY: –WIA Policy Letter PL-52 TAA Administration ( ) –Newly Revised TAA Forms Sent Out ( ) TGAAA POLICY & FORMS: –DCEO issued 08-NOT-37 ( ) Trade Adjustment Assistance Operating Instructions including Attachment A TEGL TGAAA Operating Instructions and Attachment B TEGL Petitions for TGAAA.

14 Employment and Training Administration DEPARTMENT OF LABOR ETA Case Management TGAAA Section 1826 TEGL Section G Employment & Case Management Services

15 Employment and Training Administration DEPARTMENT OF LABOR ETA Case Management TGAAA Section 1826 & 1852 TEGL 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

16 Employment and Training Administration DEPARTMENT OF LABOR ETA Case Management A LWIA issues a waiver and maintains the waiver. What category of funds are used for this purpose?

17 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1828 TEGL Section D Cap on Training Funds: – Increased funding for training – New formula for distributing funds.

18 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1830 TEGL Section D.2 Adversely Affected Incumbent Worker Training

19 Employment and Training Administration DEPARTMENT OF LABOR ETA Threatened With Layoff TGAAA Section 1830 TEGL 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 customers 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 workers 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.

20 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1830 TEGL Section D.3 – D.5 Part Time Training Prerequisites Training Length of Training Approval of Training

21 Employment and Training Administration 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?

22 Employment and Training Administration 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?

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24 EXCEPTIONS TO THE ENROLLED 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 workers control by the CSA. In making this determination, the CSA will apply the States good cause process applicable to the States UI laws. This applies to both Basic and Additional TRA. Exception to the Enrollment Deadline: Circumstances deemed to be beyond the workers 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 States UI good cause provision.

25 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1828 TEGL Section D.5 Extended Training Reasonable Cost

26 Employment and Training Administration 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?

27 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1829 TEGL Section D.5 Apprenticeship Higher Education WIA Training

28 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1831 TEGL Section D.6 On-The-Job Training

29 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Training TGAAA Section 1832 TEGL Section D.7 UI & TAA Benefits in Training

30 Employment and Training Administration DEPARTMENT OF LABOR ETA TRAINING & BENEFITS

31 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1821 & 1828 TEGL Section C.1 TRA Eligibility

32 Employment and Training Administration 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.

33 Employment and Training Administration DEPARTMENT OF LABOR ETA TRA ELIGIBILITY A worker has a separation on January 1 st ; exhausts 26 weeks of Regular UI on June 30th. A petition is filed May 30 th 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 20 th. What is the First Payable Week of TRA?

34 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1821 TEGL Section C.2 Enrollment in Training Waiver from Training Deadlines

35 EXCEPTIONS TO THE ENROLLED 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 workers control by the CSA. In making this determination, the CSA will apply the States good cause process applicable to the States UI laws. This applies to both Basic and Additional TRA. Exception to the Enrollment Deadline: Circumstances deemed to be beyond the workers 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 States UI good cause provision.

36 Employment and Training Administration 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 30 th 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?

37 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1821 & 1822 TEGL Section C.3 & C.4 Waiver of Training Weekly Amounts of TRA

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39 Employment and Training Administration 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)?

40 Employment and Training Administration DEPARTMENT OF LABOR ETA WAIVER REVIEWS A Waiver is issued for Marketable Skills on May 1 st 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?

41 Employment and Training Administration 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 workers first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B)).

42 Employment and Training Administration DEPARTMENT OF LABOR ETA Example of Reductions to UI WBA Claimant attending full-time TAA approved training, works and earns wages UI WBA =$385 ½ WBA =$ If 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

43 Employment and Training Administration 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?

44 Employment and Training Administration DEPARTMENT OF LABOR ETA Example of TRA Benefit Reduction TRA WBA = $350 Claimant in full time training, works and earns $300 TRA WBA$350 Wages$300(less than TRA WBA, wages count as $0) TRA WBA to be paid = $350 WBA plus wages = $650 for the week

45 Employment and Training Administration 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?

46 Employment and Training Administration DEPARTMENT OF LABOR ETA Change to TRA Deductible EARNINGS TRA WBA = $350 Claimant in full time training, works and earns $400 TRA WBA$350 Wages $400(Amt of wages over WBA = less than ½ WBA TRA WBA to be paid = $350 WBA plus wages = $750 for the week

47 Employment and Training Administration DEPARTMENT OF LABOR ETA Example of TRA Benefit Reduction TRA WBA = $350 Claimant in full time training, works and earns $550 TRA WBA = $350 ½ TRA WBA = $175 Wages of $550 less TRA WBA = $200 $200 exceeds ½ WBA by $25 TRA WBA to be paid = $325

48 Employment and Training Administration DEPARTMENT OF LABOR ETA Example of TRA Benefit Reduction TRA WBA = $350 Claimant in full time training, works and earns $700 WBA $350 Wages $700 (first $350 counts as $0, but remainder of wages equal to TRA WBA TRA WBA to be paid $0

49 Employment and Training Administration 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 TRAif 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.

50 Employment and Training Administration 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.

51 51 For 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 persons federal tax return STEP 2 – Meet General Requirements: Not enrolled in Medicare Not claimed as a dependant on another persons 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 Overview

52 52 For internal HCTC Use Only Repeated Monthly HCTC Process for Participants The monthly program allows participants to receive monthly assistance in paying health care premiums. How the HCTC Works As a reminder: Invoice dates change month to month Payment must be received in order for the IRS to add 80%

53 53 For internal HCTC Use Only Yearly HCTC Process How 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 $$$ Individual Receives Payment or Credit Against Taxes Individual Receives Payment or Credit Against Taxes Individual Submits Proof of Payment and Insurance IRS Individual Files Annual Tax Return & Form 8885 $$$ Individual Submits Proof of Payment and Insurance Individual Submits Proof of Payment and Insurance Individual Files Annual Tax Return & Form 8885 $$$

54 54 For internal HCTC Use Only 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.

55 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1822 TEGL Section C.4 Election of TRA or UI

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59 Employment and Training Administration 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?

60 Employment and Training Administration 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? ELECTION OF TRA / UI

61 Employment and Training Administration 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? ELECTION OF TRA / UI

62 Employment and Training Administration 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 claimants 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? ELECTION OF TRA / UI

63 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1823 & 1821 TEGL Section C.5 Remedial / Prerequisite TRA Additional TRA Elimination of 210 Days

64 Employment and Training Administration 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?

65 Employment and Training Administration 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?

66 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1824 TEGL Section C.6 Judicial or Administrative Review Justifiable Cause to Extend Eligibility Period Military Service

67 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances TGAAA Section 1825 & 1855 TEGL Section C.7 & C.8 Good Cause Provisions Waiver of O/P Recovery

68 Employment and Training Administration DEPARTMENT OF LABOR ETA AGENT / LIABLE STATE Based in State UI Law and defined in (aa) –Can Change if new UI eligibility established (b) Uniform Application is discussed in (b) Liable State makes ALL Eligibility Determinations, Redeterminations, and Appeals (a) Agent State takes Applications, Provides Reemployment Services, Provides Information for Liable State Determinations, Procures and Pays for Approved Training…including Subsistence and Transportation… (b)

69 Employment and Training Administration DEPARTMENT OF LABOR ETA Trade Readjustment Allowances Other TRA Provisions are not Changed – 20 CFR 617 subpart B – TEGL w/changes – Until superseded by Regulations

70 Employment and Training Administration DEPARTMENT OF LABOR ETA Reemployment TAA TGAAA Section TEGL Section H.2 & H.3 1.Application during the 104 eligibility period from UI exhaustion or reemployment, and retroactive payment possible Years of Age at Reemployment 3.$55,000 limit on new annualized wages & 104 week eligibility period 4.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 training 6.May not return to Adversely Affected Employment 7.Combined employment may be used to reach fulltime 8.Qualifying employment prior to separation may also be used 9.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.

71 Employment and Training Administration 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.

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73 Employment and Training Administration 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?

74 Employment and Training Administration 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?

75 Employment and Training Administration DEPARTMENT OF LABOR ETA RTAA & Military Can RTAA Benefits be made available for work at a lesser rate of pay in the Military?

76 Employment and Training Administration DEPARTMENT OF LABOR ETA Reemployment TAA TGAAA Section 1841 TEGL Section H.5 Amount of Payments

77 Determining Eligibility Period 104 Week Maximum Weeks of TRA Received Eligibility Period (x) =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 Benefits EXAMPLE: (78/104)*12,000 =9000

78 Employment and Training Administration DEPARTMENT OF LABOR ETA Reemployment TAA TGAAA Section 1841 TEGL Section H.7 Wage Calculations

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81 Employment and Training Administration DEPARTMENT OF LABOR ETA Reemployment TAA TGAAA Section 1841 TEGL Section H7, H8, H9 Continuing Eligibility Overpayments Other Program Benefits

82 Employment and Training Administration 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?

83 Employment and Training Administration 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.

84 Employment and Training Administration DEPARTMENT OF LABOR ETA Alien Verification TGAAA Section 1853 TEGL 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.

85 Employment and Training Administration DEPARTMENT OF LABOR ETA Control Measures TGAAA Section 1852 TEGL Section I.2 & I.3 1.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 31 st Must include Pre and Post 2009 Amendments 2.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 Certification 4.Four samples should be from at least 4 areas of the State 5.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 data 2.Monitor outgoing reports for accuracy

86 Employment and Training Administration DEPARTMENT OF LABOR ETA Job Search & Relocation TGAAA Section TEGL Section E & F 1.Incumbent Workers are not eligible. 2.Reimbursement increased from 90% to 100%. 3.Maximum amounts payable increased to $1, 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 days after certification or separation, or 182 days after completing approved training for Job Search days after certification or separation, or 182 days after completing approved training for Relocation.

87 Employment and Training Administration DEPARTMENT OF LABOR ETA Data Reporting & IWDS Proposed Trade Act Participant Reporting Requirements (TAPR ) TAPR New TAPR Combines ATAA AR; 563 and old TAPR New TAPR covers ALL individual Trade customers How TAPR affects IWDS data entry

88 Employment and Training Administration DEPARTMENT OF LABOR ETA The End Other DOL or State Training Web Resources Peer Consultations Regional Technical Assistance


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