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

PETITION FILING

Three individual workers Company representative Union or other worker representative State agency official Community-based organizations no

longer have status to file

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

TAA WORKER INTAKE

IDES Local Office First UI Claim TRA Claim Initial Waiver

LWIA Next

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 DOL’s web site

(www.doleta.gov) From e-mail list

TAA WORKER INTAKE DOL official policy - rapid reemployment Basically same as WIA dislocated worker

Core Intensive Training – Use ITA’s

Based on assessment Reemployment first - training only if

necessary

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

TAA BENEFITS AND SERVICES

IDES will administer: TRA ATAA HCTC

DCEO/LWIA’s will administer: Training Job search allowances Relocation allowances

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

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

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)

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

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.

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

WAIVER CRITERIA

Recall Marketable skills Retirement Health Enrollment unavailable Training not available

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

NORMAL WAIVER

For receipt of basic TRA Must be reviewed Issued by LWIA Can be an extension of UI-

period waiver

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

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

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

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.

OTHER TRAINING ISSUES

Shared costs Use of ITA’s, not individual

contracts Worker pays nothing Training available “forever” Transportation and subsistence Training full-time Quitting to attend training

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

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

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

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

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

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

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

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

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

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

REQUIRED REPORTING

Process reporting – ETA 563 Outcomes reporting – TAPR Financial reporting

Now ETA 9023 Soon ETA 269

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

CERTIFICATION CRITERIAPRIMARY–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

CERTIFICATION CRITERIAPRIMARY-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

CERTIFICATION CRITERIASECONDARY-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

CERTIFICATION CRITERIASECONDARY-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

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

SECONDARY WORKERS

Directly related to primary firms whose workers are certified

Upstream – supply components Downstream – perform finishing

operations “First tier” only

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

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