Employment and Training Administration Region 1 (#ETARegion1) Trade Adjustment Assistance for Workers - 101 November 2013 v.1.75
Sep 21, 2014
Employment and Training AdministrationRegion 1 (#ETARegion1)
Trade Adjustment Assistance for Workers - 101
November 2013v.1.75
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United States Department of LaborMission Statement
To foster, promote, and develop the welfare of the wage earners, job seekers, and retirees of the United States; improve working conditions; advance opportunities for profitable employment; and assure work-related benefits and rights.
www.dol.gov/100
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Materials Overview
Alphabet Soup
A Brief History of Trade Act Legislation
Trade Adjustment Assistance Programs
Trade Adjustment Assistance for Workers
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Alphabet Soup
There’s an acronym for that.
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Alphabet SoupSpeaking the Language of Trade
ATAA = Alternative Trade Adjustment Assistance
CSA = Cooperating State Agency
DEV = Data Element Validation
DOL = U.S. Department of Labor
DW = WIA Dislocated Worker program
ES = Employment Service
ETA = Employment & Training Administration
GSA = Governor Secretary Agreement
HCTC = Health Coverage Tax Credit
NAICS = North American Industrial Classification System
NEG = National Emergency Grant
OTAA = Office of Trade Adjustment Assistance
RR = Rapid Response
RTAA = Reemployment Trade Adjustment Assistance
TAA = Trade Adjustment Assistance for Workers
TAPR = Trade Act Participant Report
TEGL = Training and Employment Guidance Letter
TEN = Training and Employment Notice
TRA = Trade Readjustment Assistance
UI = Unemployment Insurance
UIPL = Unemployment Insurance Program Letter
ITC = International Trade Commission
WIA = Workforce Investment Act
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A Brief History of Trade
It’s always best to begin at the beginning.
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Trade Act Origins & Major Legislation
1962 – Trade Expansion Act of 1962– Provided TRA payments in addition to UI
1974 – Trade Act of 1974– Established a training benefit
1988 – Omnibus Trade and Competitiveness Act of
1988– Established TAA training as a requirement for receipt of
TRA
1993 – North American Free Trade Agreement
(NAFTA)– Established the precedent for enrollment deadlines
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Trade Act Origins & Major Legislation
2002 – Trade Reform Act of 2002– Established HCTC– Established ATAA as a demonstration project– Expanded applicability of enrollment deadlines– Expanded eligibility to secondarily impacted worker groups– Provided additional weeks of TRA for Remedial training– Up to 130 weeks of approved training
2009 – Trade and Globalization Adjustment Assistance
Act of 2009– Expanded eligibility to service sector workers and public sector
workers– Extended weeks of Additional TRA– Established RTAA as a permanent program and expanded benefits– Provided additional weeks of TRA for prerequisite courses– Up to 156 weeks of approved training
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Trade Act Origins & Major Legislation
2011 – Trade Adjustment Assistance Extension
Act of 2011– Ended eligibility for public-sector worker groups– Removed Remedial and Prerequisite TRA– Established Completion TRA– Maximum length of approvable training set at 130 weeks– Reduced benefit levels under RTAA– Established the same HCTC rate for all eligible Trade
participants– Set January 1, 2014 as the expiration date of HCTC– Reduced types of training waivers for TRA eligibility
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Trade Adjustment Assistance Programs
And you get a Trade program! And you get a Trade program!
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Trade Adjustment Assistance…
for Firms (http://www.taacenters.org/)– Administered by the Economic Development Administration
(EDA)• Provided through a series of non-profit grantees
– Provides matching funds to employers to increase efficiency,
expand exporting capacity and increase overall competitiveness
for Farmers (and Fishermen)http://www.taaforfarmers.org/– Administered by the United States Department of Agriculture
(USDA)• Provided through a series of non-profit grantees
– Technical assistance and cash benefits to producers of certified
commodities
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Trade Adjustment Assistance…
for Communities– Administered by EDA
• One-time awards to communities impacted by Trade • Based on certifications under TAA for Workers
– Administered by the United States Department
of Labor (http://www.doleta.gov/taaccct/)• Capacity-building grants to the community and
technical college system (FY2011-FY2014)• Known as TAACCCT grants (Trade Adjustment
Assistance Community College and Career Training)
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Trade Adjustment Assistance…
for Workers– Helps workers who have lost their jobs as a result of foreign
trade. The program offers a variety of benefits and services to eligible workers, including:
job training job search and relocation allowances income support (TRA) a tax credit to help pay the costs of health
insurance (HCTC) a wage supplement to certain reemployed trade-
affected workers 50 years of age and older (ATAA/RTAA)
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Trade Adjustment Assistance for Workers
Heigh ho, heigh ho, it’s into the weeds we go!
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TAA for Workers Materials Overview
• Petition Process / Worker Group Eligibility• Training• TRA
– General Qualifications– Basic TRA, Additional TRA, Remedial TRA– Waivers – Completion TRA
• Enrollment Deadlines– Federal Good Cause & Equitable Tolling
• Case Management and Related Services• RTAA (and ATAA)• Job Search and Relocation• Financial Management of the Trade Program• Program Reporting Requirements and Data Validation• Sunset Provisions and Program Reversion• References, Guidance and Contacts
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Petition Process &Worker Group Eligibility
Because who doesn’t love government forms?
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Filing Petitions
Online at www.doleta.gov/tradeact
Fax to: (202) 693-3585
Mail to:
U.S. Department of Labor, Office of Trade Adjustment Assistance200 Constitution Avenue, NW, Room N-5428Washington, DC 20210
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Who Can File a Petition?
Group of 3 or more workers
Company Official
Union
State Workforce Official
American Job Center Network Partner
– Rapid Response, Employment Service, Unemployment Insurance, WIA provider, etc.
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Petition Processing
Upon receipt of petition, investigators contact the company Gather information on locations, temp workers, remote
workers, divisions within company
Company provides information on a confidential basis to the Department
Investigator recommends decision to a Certifying Officer who issues the decision
States ensure the provision of Rapid Response services, if not already provided
Process takes approximately 40 days
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Appealing Petition Denials
1. request administrative reconsideration of the determination;
2. seek judicial review of the determination; and/or,
3. seek reemployment services from other programs through the American Job Center Network (ie: WIA, NEG, ES)
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Worker Group Eligibility (2002)
Primary - Workers in firms that produce articles, based on:
1. increased imports of like or directly competitive articles; or,2. shifts in production of articles to certain foreign countries; or,
• Country is party to a free trade agreement with the US• Countries include in: Andean Trade Preference Act, African
Growth and Opportunity Act, Caribbean Basin Economic Recovery Act
– Does not include China, India, or most of Asia or Europe
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Worker Group Eligibility (2002)
Upstream (Secondary)
1. Firm that produces and supplies component parts directly to another firm
2. Component parts must be directly incorporated into articles that were the basis of certification for primary workers
– Primary workers must be certified– Separations (or threat) at secondary firm– In addition, one of the following must be true:
• Component parts accounted for at least 20% of upstream producer’s production or sales
• Loss of business contributed importantly to workers’ actual or threatened separation
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Worker Group Eligibility (2002)
Downstream (Secondary)
1.Firm that performs additional, value-added production processes directly for a firm for articles that were basis of certification
2.Downstream production can include final assembly or finishing
– Must meet the following criteria:• Separations (or threat) at secondary firm• Loss of business with primary firm must have contributed
importantly to separations at secondary firm• Applies only to primary certifications based on increased
imports from or shift in production to Canada or Mexico
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Worker Group Eligibility (2009/2011)
Affected Workers may include workers in firms that produce articles and workers in service sector firms, based on:
1. increased imports of like or directly competitive articles or services; or,2. increased imports of a finished article for which the workers’ firm produces
component parts or supplies services; or,3. increased imports of articles directly incorporating foreign components that
are like or directly competitive with the component parts made by U.S. workers; or,
4. shifts in production of articles or supply of services to any foreign country; or,
5. workers in firms that supply component parts or services to firms with TAA-certified workers or perform additional, value-added production processes to firms with TAA-certified workers; or,
6. workers in firms identified in International Trade Commission “injury” determinations
NOTE: Certifications under 2011 are limited to the private sector
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Worker Group Eligibility Matrix
Program Version Manufacturing Services Public Sector Shift in Production / Secondary Certs
2002 YES NO NO Limited Countries
2009 YES YES YES Any Country
2011 YES YES NO Any Country
Reverted 2002 YES NO NO Limited Countries
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Training
“I was training to be an electrician. I suppose I got wired the wrong way round somewhere along the line.” - Elvis Presley
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Mission of Training
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 reemployed.
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6 Criteria for Approval of Training
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.
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Suitable Employment
Suitable employment is defined as work of a substantially equal or higher skill level than their past adversely affected employment and with a wage of at least 80% of the worker’s prior average weekly wage.
• A job, known to be short duration or temporary in nature, is not considered suitable
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Exclusions
20 CFR 617.23(d)(3)
• Exclusions. In determining suitable training the State agency shall exclude certain occupations, where:
– (i) Lack of employment opportunities exist as substantiated by job orders and other pertinent labor market data; or
– (ii) The occupation provides no reasonable expectation of permanent employment.
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Training Prior to Separation (2009/2011)
Training may be approved before separation for adversely affected incumbent workers. The incumbent worker must be someone who:
1. Is a member of a group of workers that has been certified as eligible to apply for TAA benefits
2. Has not been totally or partially separated from employment, and
3. Is determined to be individually threatened with total or partial separation (will be monitored via case management).
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One Training Per Certification
A worker may only be approved for one training program per certification.
Therefore, a training program begun prior to separation counts as that one training program, and the training plan should be designed to meet the long-term needs of the worker.
A training plan may be modified
See TEGL 10-11, Change 2 Q8
Note: A training program may be comprised of several training components (i.e.: remedial training first, then vocational training, may also combine classroom and OJT)
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Training - Guidance
There is no entitlement under Trade to receive training.– All 6 criteria must be met before training can be approved
There is no entitlement to receive the maximum number of weeks of training.
When approving training, CSAs must look at the requirements for the occupation as found on O*NET and actual job postings– Additional add-ons and other certifications not listed in job
postings are not always appropriate
• Training may be approved for a period longer that an individuals eligibility for TRA– Worker must demonstrate a financial ability to complete the
training.
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Full-Time vs Part-Time Training
2002
– 617.22 (f)(4)
• Full-time training. Individuals in TAA approved training shall attend training full time, and when other training is combined with OJT attendance at both shall be not less than full-time. The hours in a day and days in a week of attendance in training shall be full-time in accordance with established hours and days of training of the training provider.
2009 / 2011
– Allows for part-time training
• TRA is not payable if the individual participants in part-time TAA-approved training
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Length of Training
2002
– The maximum length of Trade-approved training is 130 weeks
2009
– The maximum length of Trade-approved training is 156 weeks
2011
– The maximum length of Trade-approved training is 130 weeks
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Breaks in Training
2002 / 2009 / 2011– Up to 30 days allowed– Additional TRA may not be paid for breaks longer
than 30 days
Training plans should seek to avoid breaks Unscheduled breaks are not the same thing Excludes weekends and holidays unless
training would normally have occurred on
those days
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Training Matrix
Program Maximum Weeks of Approved Training
Part-Time Training Allowable
Breaks in Training (Days)
Remedial Training / Prerequisite Courses
Online Training
2002 130 NO 30 YES YES
2009 156 YES 30 YES YES
2011 130 YES 30 YES YES
Reverted 2002 130 NO 30 YES YES
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Training-Related Costs
Allowable
– All tuition & fees;
– Books, uniforms, supplies, equipment
– 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
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Trade Readjustment Assistance (TRA) and Training Waivers
“…those injured by that competition should not be required to bear the full brunt of the impact.” - JFK
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Qualifying TRA Requirements
An individual must: Be an adversely affected worker; Have a first qualifying separation occur on or after the
impact date of the certification & before the expiration of the 2-year period beginning on the date of certification;
Have 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of the firm in a 52-week period ending with the week of the first qualifying separation; and,
The individual must have been entitled to (or would have been entitled had they applied) UI for a week within the benefit period of the individual's first qualifying separation
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Qualifying TRA requirements (cont.)
Have exhausted all rights to UI to which the individual was entitled:
(1) Accept any offer of suitable work & apply for any suitable work the individual is referred by a State, &
(2) actively engage in seeking work & provide tangible evidence of such efforts, & (3) register for work and be referred by the state agency to suitable work, [until they are enrolled in training]AND
(1) be enrolled in or participating in a TAA approved training program approved by the state agency, or
(2) have completed a TAA approved training program approved by State agency after a total or partial separation from adversely affected employment (3) have received from the state agency a written statement waiving the TAA participation-in-training requirement [617.11(a)(2)(i)–(iv)]
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Basic TRA
Payable only upon exhaustion of UI benefits
52 weeks minus UI Including all state and Federal benefits
Participant must be in full-time training or on a waiver from training
Participant must meet the enrollment deadline 8/16 for 2002
26/26 for 2009/2011
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Additional TRA
A worker can receive the additional weeks of TRA only if they are participating in approved training (including allotted breaks in training)
In order to receive additional benefits, workers must have met the enrollment deadline
2002 - If an individual becomes entitled to UI after commencing receipt of TRA, then they must exhaust their UI; their eligibility period continues to run
2009/2011 - If an individual becomes entitled to UI after commencing receipt of TRA, they may elect to remain on TRA instead of having to exhaust their UI;
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Remedial TRA (2002/2009)
Benefit available for those who need remedial education to facilitate reemployment
Leads to employment or training
Remedial education can occur concurrently with other training
Example: Basic math & writing skills, English as a second language, GED, etc.
Up to 26 weeks of Remedial TRA payments may be provided
TRA payments for remedial education weeks are made at the end of the “regular” TRA period
Brings total available weeks of benefits to 130/156
See TEGL 13-05 for additional guidance on remedial training
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Remedial / Prerequisite TRA (2009)
Benefit available for those who need remedial education to facilitate reemployment or prerequisite courses needed before occupational training can begin
Leads to employment or training
Remedial education can occur concurrently with other training
Remedial Example: Basic math & writing skills, English as a second language, GED, etc.
Prerequisite Example: English 101 before English 201, etc.
Up to 26 weeks of prerequisite / remedial TRA payments may be provided
TRA payments for remedial education weeks are made at the end of the “regular” TRA period
Brings total available weeks of benefits to 156
Remedial / Prerequisite TRA (2011)
The 2011 amendments eliminated Remedial TRA as a “category” of TRA, although remedial and prerequisite training should continue to be part of an approved training plan where appropriate
However, the inclusion of remedial and prerequisite training in a worker’s training plan will no longer result in the worker’s eligibility for up to 26 additional weeks of TRA
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TRA and Training Waivers2011
52 w
eeks o
f Basic T
RA
(reduce
d b
y
an
y U
I rece
ived
)
65 w
eeks in
78 o
f Additio
nal T
RA
Com
ple
tion T
RA
may a
ccount fo
r 13
weeks
Th
ree Tra
inin
g W
aiv
ers
2002 52 weeks of Basic TRA
(reduced by any UI received)
52 weeks in 52 of Additional TRA
Remedial TRA may account for 26 weeks
Six Training Waivers
2009 52 weeks of Basic
TRA (reduced by any UI received)
78 weeks in 91 of Additional TRA
Remedial or Prerequisite TRA may account for 26 weeks
Six Training Waivers
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Criteria for Waiving Training Requirement
2011 TAA Program
Three Criteria
Health Condition
Enrollment in Training is Not Available
Training Not Available
2002 and 2009 TAA Programs
Six Criteria
Health Condition
Enrollment in Training is Not Available
Training Not Available
Recall
Marketable Skills
Retirement
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Training Waivers (2002/2009 Only)
Recall – The worker has been notified that the worker will be recalled by the firm from which the separation occurred.
Marketable Skills – The worker possesses marketable skills for suitable employment (as determined pursuant to an assessment of the worker, which may include the profiling system under section 303(j) of the Social Security Act (42 U.S.C. 503(j)), carried out in accordance with guidelines issued by the Secretary) and there is a reasonable expectation of employment at equivalent wages in the foreseeable future.
Retirement – The worker is within 2 years of meeting all requirements
for entitlement to either – (i) old-age insurance benefits under title II of the Social Security Act
(42 U.S.C. 401 et. seq.) (except for application therefor); or (ii) a private pension sponsored by an employer or labor
organization.
Remaining Training Waivers Under 2011 Act(Also allowable under 2002/2009)
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, or no training funds are available.
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Earnings Disregard (2009/2011)
For adversely affected workers in full-time, Trade-approved training:
No deduction is made for earnings from work for a week up to an amount that is equal to the worker’s most recent UI benefit amount
A state’s disqualifying income provisions only apply to the earnings in excess of the participant’s weekly benefit amount
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TRA Election Provision (2009/2011)
• Allows adversely affected workers to elect TRA instead of UI where:
– 1) The worker is entitled to receive UI as a result of a new benefit year based in whole or in part upon part-time or short-term employment in which the worker engaged after the worker’s most recent total separation from adversely affected employment This provision will affect only the benefit computation for workers who are participating in full-time training other than on-the-job training
– 2) The worker is otherwise entitled to TRA.
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TRA Election Provision (2009/2011)
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TRA Election Provision: Example 1
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TRA Election Provision: Example 2
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Introduction of Completion TRA (2011)
New category of TRA aligns with the Department’s larger aim to increase the successful
completion of recognized credentials
Provides participants with up to 13 more weeks of TRA within a 20 week period in order to
complete training plan
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; as described in TEGL No. 15-10, and;– The worker is participating in training in each such week; and– The worker has substantially met the performance benchmarks established in the
approved training plan (see section C.3.1); 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
2011 Program Benefits: TRA Timeline
ImpactDate
LayOff
UnemploymentInsurance
CertificationTRA
Exhausted
2 1/2 Years
Basic TRA
26 Weeks52 X WBA
Completion TRA
13 Weeks Payable in 20 Weeks
130 Payable Weeks over a 150 Week period
HCTCEligible
Until one month afterlast service or benefit
Additional TRA
65 Weeks Payable in 78 Weeks
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TRA Timeline: Real-World Operations
HCTC Ends
Dec. 31,2013
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Training Benchmarks (2011)
Reviews conducted at no later than 60 day intervals from the start of the training plan
Documented in IEP and signed by participant
Two Evaluation Criteria
Satisfactory academic standing
On track to complete training within the agreed upon timeframe
Encourages early intervention and modification of unsuccessful training plans
Supports modification measures in order to increase training completion and credentials
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Training Benchmarks (2011)
Required for Completion TRA eligibility
Must be established at the beginning of all training programs- except for very short training programs In general, any training program over three months in duration should
have benchmarks established to allow for quality case management opportunities and intervention as needed.
Encouraged because they strengthen case management efforts Requires strong information sharing between TRA and case
managers
Participant Served under 81,000 petition (meets benchmarks)
IEP Developedwith benchmarkrequirements documentedand signed
Up to 15 benchmark reviews through point of Completion TRA eligibility
Participant Served under 81,000 petition (fails benchmarks)
IEP Developedwith benchmarkrequirements documentedand signed
130 weeks of training
Participant fails one of two
benchmarksRevise planModify IEP
Modified plan may include Completion TRA eligibility
Completion TRA begins
2nd Failure
Participant may continue in original approved plan with no Completion TRA
Training Benchmarks (2011)
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Additional TRA Matrix
Program Total Weeks Payable
Payable Within (Weeks)
TRA Election
Earnings Disregard
Remedial / Prerequisite TRA (Weeks)
Completion TRA (Weeks)
2002 52 52 NO NO YES (26) NO
2009 78 91 YES YES YES (26) NO
2011 65 78 YES YES NO YES (13)
Reverted 2002 65 78 NO NO NO YES (13)
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Appeals
Trade appeals follow the UI appeals process
– TAA, TRA, RTAA
State required to notify ETA of all appeals
– Technically, states are required to notify ETA of every decision rendered under Trade
– 20 CFR 617.52(c)
Unlike regular UI, ETA has the authority to demand additional appeals to higher levels (i.e.: courts)
– 20 CFR 617.52(c)
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Enrollment Deadlines
“A goal is a dream with a deadline.” – Napoleon Hill
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8/16 Week Deadline (2002)
Participant must be enrolled in training no more than:– 8 weeks from the date of the petition certification; OR– 16 weeks from the worker’s most recent total separation from
adversely affected employment– 45-day “extenuating circumstance” extension is possible– No good cause exceptions allowed– Equitable tolling is permissible
TRA eligibility: – From TEGL 11-02, Change 3, the above does not apply to be
eligible for TRA, if the determination is made before the training
deadlines. – A worker may receive TRA prior to the 8/16 if all other eligibility has
been met in the Section 231(a) of the Act.– Once the enrollment deadline (8/16), is reached the training
requirement must be met: enrolled in training or receipt of a waiver.
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26/26 Week Deadline (2009/2011)
Participant must be enrolled in training no more than:– 26 weeks from the date of the petition certification; OR
– 26 weeks from the worker’s most recent total separation from adversely affected employment
– 45-day “extenuating circumstance” extension is possible
– Good Cause
• 2009: State good cause provisions allowable
• 2011: Federal good cause provision allowable
– Equitable tolling also possible
TRA eligibility: – From TEGL 11-02, Change 3, the above does not apply to be eligible for TRA,
if the determination is made before the training deadlines. – A worker may receive TRA prior to the 26/26 if all other eligibility has been met
in the Section 231(a) of the Act.– Once the enrollment deadline (26/26), is reached the training requirement
must be met: enrolled in training or receipt of a waiver.
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Deadlines – Intent
TEGL 11-02
– “These deadlines may be waived for specified reasons… However, the intent of the time limitations is that adversely-affected workers who are in need of training be enrolled in training quickly in order to expedite their adjustment and reemployment.”
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“Enrolled in Training”
20 CFR 617.11(a)(2)(vii)(D)– “Enrolled in training” means that the worker’s
application for training has been approved by the CSA and that the training institution has furnished written notice to the CSA that the worker has been accepted into the approved program which is to begin within 30 days of such approval.
Once “enrolled in training,” a participant is no longer subject to the EB work test
Federal Good Cause &Equitable Tolling
Death and taxes. The only two rules without exceptions.
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Effective with the 2011 Program A waiver for good cause of the time limitations “with respect to an
application for TRA or enrollment in training” means: 26/26 week enrollment in training deadline
Same application as “state good cause” under 2009 Program TEGL 10-11 provides specific guidance
Highlights for Federal Good Cause
Federal Good Cause and Equitable Tolling are Separate and Distinct Provisions
Federal Good Cause Equitable Tolling
Statutory Yes No
Program Applicable ONLY under the 2011 Program
Available in 2002, 2009 and 2011 Programs
Deadlines Can be applied ONLY to application for TRA and enrollment in training
Applies to any TAA deadline
How applied:
After considering conditions found in TEGL 10-11
Available only in egregious circumstances where an individual acted with due diligence (TEGL 8-11)
When Available
Effective with 2011 Act Effective with issuance of TEGL: October 19, 2011
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Case Management and Related Services
“The purpose of these employment and case management services is to provide workers the necessary information and support for them to achieve sustainable reemployment.” – TEGL 22-08
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Case Management
2002
Requires cooperating state agencies (CSAs) to, “make every reasonable effort,” to provide case management services through co-enrollment in ES, WIA, NEG or other partner programs
Assessments and labor market analysis still required prior to approval of training
2009/2011
Requires that case management services be provided to all adversely affected workers and adversely affected incumbent workers
These services are not optional.
Provision of services must be documented
Trade funds are provided to support these services
Co-enrollment is still appropriate and highly recommended
Trade participants are, by definition, dislocated workers under WIA
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Case Management
Required Services (2009/2011)
Comprehensive and specialized assessment of skill levels and service needs;
Development of an individual employment plan to identify employment goals
Information on:
training available in local and regional areas, information on
individual counseling to determine which training is suitable training, and
how to apply for such training
how to apply for financial aid
Short-term prevocational services
development of learning skills, communications skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct
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Case Management
Required Services (2009/2011)
Individual career counseling, including job search and placement counseling, during the period in which the individual is receiving a trade adjustment allowance or training under this chapter, and after receiving such training for purposes of job placement.
Provision of employment statistics information, including the provision of accurate information relating to local, regional, and national labor market areas
Information relating to the availability of supportive services, including services relating to child care, transportation, dependent care, housing assistance, and need related payments that are necessary to enable an individual to participate in training
aka: Support services available through WIA and other partner programs or local community organizations
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Merit Staffing Requirement
20 CFR 618.890
– Staff funded under Trade funds must be state merit staff (except MA, MI & CO)
– Does not apply to non-inherently governmental functions (OMB Circular A-76)
– See TEGL 15-12 for more info
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Case Management & Related Costs
Page A-50, TEGL 22-08
“In addition to staff costs for career counselors, the ‘employment and case management services’ funds may be used for: assessment tests; skills transferability analysis; peer counselors; development and provision of labor market information; maintenance and enhancement of electronic case management systems to allow for improved case management services; information on available training, including provider performance and cost information; and, any other staff costs related to case management. This list is not intended to be all inclusive.”
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Trade Funds Can Pay For…
Operating costs of American Job Centers
MIS development, appropriate upgrades and maintenance
Supplies and equipment
Assessments, labor market information, career counseling
2002 program does not provide funds for case management and related costs
… and other costs not listed here …
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Reemployment Trade Adjustment Assistance (RTAA)
“It's just a job. Grass grows, birds fly, waves pound the sand. I beat people up.” - Muhammad Ali
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What is the RTAA program?
• Wage supplement program for workers age 50 and over
• May be employed full or part-time – Full-time employment as defined by applicable state
law– Part-time only allowable under 2009/2011
• If in part-time, must also be in training
• May be combined with training (2009/2011)• Can receive RTAA after TRA
– Weeks of TRA are deduced from RTAA benefit
• Cannot receive TRA after RTAA
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RTAA Basics
50% of difference between reemployment wages and wages earned at separation
Payments may not last more than 2 years
Total payments may not exceed $10,000 ($12,000 under 2009 rules)
Health Coverage Tax Credit (HCTC)
Only while receiving RTAA payment
Group eligibility is automatic with certification of a Trade petition
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ATAA Basics
• Separate request for group eligibility under ATAA must be filed with each Petition
• Only full-time employment is allowable
• May not be combined with training
• Must be reemployed within 26 weeks of separation
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RTAA / ATAA Matrix
Program Full Time Employment
Part Time Employment
Training + RTAA
Maximum Amount
2002 – ATAA YES NO NO $10,000
2009 – RTAA YES YES YES $12,000
2011 – RTAA YES YES YES $10,000
Reverted 2002 YES NO NO $10,000
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Job Search and Relocation
Where the jobs are.
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Job Search
• To cover allowable costs related to travel outside of a participant’s commuting area to seek suitable employment
– Usually related to job interviews.
– Must be within the “United States”
• Limited to the 50 states, DC & Puerto Rico
– Must be pre-approved by the state
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Job Search Benefit Amount
• Under 2011, benefits are available at the 2002 benefit level and in accordance with the regulations of 20 CFR 617.48 and 617.49
– 90% of allowable costs up to $1,250
– May included multiple trips
– Governed by Federal Travel Regulations at 41 CFR §301
• Under 2009, benefits are available as defined in TEGL 22-08
– 100% of allowable costs up to $1,500
– May included multiple trips
– Governed by Federal Travel Regulations at 41 CFR §301
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Relocation
• To cover allowable costs to relocate a participant, their immediate family and their household goods to suitable employment outside of their commuting area
– Limited to the 50 states, DC & Puerto Rico
– Must be pre-approved by the state
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Relocation Benefit Amount
• Under 2011, benefits are available at the 2002 benefit level and in accordance with the regulations of 20 CFR 617.48 and 617.49
– 90% of allowable costs
– Lump sum payment up to $1,250
– Governed by Federal Travel Regulations at 41 CFR §302
• Under 2009, benefits are available as defined in TEGL 22-08
– 100% of allowable costs
– Lump sum payment up to $1,500
– Governed by Federal Travel Regulations at 41 CFR §302
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Health Coverage Tax Credit (HCTC)
Take two of these and call me in the morning.
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Health Coverage Tax Credit (HCTC)
HCTC covers 72.5% of qualifying health insurance premium costs regardless of which version of the Trade program a participant is certified under
HCTC is a program operated by the Internal Revenue Service, not the US DOL
HCTC is available as an advanced (real-time) or end-of-year tax credit
HCTC is set to expire on December 31, 2013
There is a gap on enrollment in the advance program of 1 to 2 months. Some states have National Emergency Grants available to cover this
gap These NEGs also expire no later than December 31, 2013
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Financial Management
Follow the money.
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Trade Funding Types
• TAA = Training, job search, relocation, case management & related costs
• TRA = Income support benefits
• A/RTAA = Wage insurance payments
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Funding for FY 2012 and FY2013
Consolidated Allocation$575M CAP
Case Management
Admin
Job Search&
Relocation
Training
Conditions:
Up to 10% of Consolidated Allocation may be used for Administration
Not less than 5% of Consolidated Allocation must be used for Case Management
RTAA TRA
Uncapped Funds
Recapture and Financial Reporting
DOL may recapture funds from States with remaining un-obligated funding (2009/2011)
DOL may distribute recaptured funds to States in need of additional funding (2009/2011)
2002 program does not have a recapture provision
Trade-specific ETA-9130 now in use
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TAA Program, Case Management and AdminHow much can I spend for what?
• Be mindful of funding source – must be an allowable activity under that funding stream to be charged to the grant
• Citations: Trade Act 235(A)(1)(6); TEGL 22-08 Section G(2) and G(3); TEGL 10-11; 20 CFR 618
95
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Funding Status Issues / Recommended Practices
• 3 Year Money
– Different Law = Different Restrictions
– Proper cost allocation
• Expiration and Closeout
– Shifting pots
– Proper cost allocation
Program Reporting Requirements
Mean, and median, and mode! Oh, my!
97
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Trade Act Participant Report (TAPR)
• A “flat file” of participant and exiter information
• Submitted quarterly by each state
• Includes performance, services, benefits and financial information
• Similar to the WIASRD / WISPR submissions for WIA
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TAPR Performance & Service Highlights PY2012
105,115 total participants in PY2012
38% (40,198) received training
3.6% (3,819) A/RTAA participants
The average Trade participant is a 47 year-old, white male with no more than a high school diploma who has been employed in trade-impacted employment for 18 years
Top 4 NAICS codes of employment after exit reported via the TAPR:
# of Exiters % of Exiters NAICS Description
4,876 13.8% 5613 Employment Services
1,145 3.2% 6221 General Medical and Surgical Hospitals
892 2.5% 3363 Motor Vehicle Parts Manufacturing
624 1.8% 6111 Elementary and Secondary Schools
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TAPR Performance & Service Highlights PY2012
The average duration of training is 542 days
22% of training exiters received remedial training
Only 1.2% of training exiters nationally were enrolled in an OJT
Nebraska = 11%, New Hampshire = 9%
74% of exiters enrolled in training, completed training
All Co-Enroll Training Credential646668707274767880
Entered Employment Rate
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Data Element Validation (DEV)
DEV conducted annually
No additional annual report is required under Trade
DEV completed by the states using the file submitted for June 30 of each year
ETA Regional Offices review Trade DEV results during our regular DEV review cycle for WIA and Wagner-Peyser
FY2013 is the first DEV performance under Trade since 2009
A data integrity review has been conducted in lieu of the annual DEV requirement
Data integrity efforts will continue on a quarterly basis
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Sunset Provisions & Program Reversion
To be continued?
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Sunset Provisions & Reversion
• 2011 Amendments sunset on December 31, 2013
• The TAA Program will revert back to a modified version of the 2002 Amendments (on next slide)
• The “reverted TAA program” is authorized from January 1, 2014 through December 31, 2014
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“Reverted” Program
• No Trade funds available for case management or related costs
– Costs will need to be covered under ES, WIA, NEG or other American Job Center partner programs
• The elimination of three training waivers
– Health, Enrollment Not Available and Training Not Available will continue to be the only allowable waivers
• No Remedial/Prerequisite TRA available
• Completion TRA remains available
• 8/16 Week Deadline Re-established
• No Earnings Disregard for TRA
• No Election Provision for TRA
• Service sector workers no longer eligible for certification
• Shift in production certifications limited to certain countries
Program Element Matrix
2002 2009 2011 Reversion
Service Workers Eligible NO YES YES NO
Limited Countries for Shift in Production Cert. YES NO NO YESMaximum Length of Training (Weeks) 130 156 130 130
Part-time Training Allowable NO YES YES NO
Earnings Disregard and TRA Election Provisions NO YES YES NO
Case Management Funding Available NO YES YES NO
Number of Waiver Types Available 6 6 3 3
Training Enrollment Deadlines (Weeks) 8/16 26/26 26/26 8/16
Remedial Training Allowable YES YES YES YES
Remedial TRA Available YES YES NO NO
Prerequisite Courses Allowable YES YES YES YES
Prerequisite TRA Available NO YES NO NO
Completion TRA Available NO NO YES YES
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References and Contacts
Because knowing is half the battle.
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Key References
• Trade Act of 1974, as amended
– 19 USC 12
• Public Law 93-618 (Trade Act of 1974)
• Public Law 100-148 (aka: The 1988 Amendments)
• Public Law 106-113 (FY2000 consolidated appropriation)
• Public Law 107-210 (Trade Reform Act of 2002)
• Public Law 111-5 (Trade and Globalization Adjustment Assistant Act of 2009)
• Public Law 112-40 (Trade Adjustment Assistance Extension Act of 2011)
• 20 CFR 617 (TAA/TRA Program Rules)
• 20 CFR 618 (Merit Staffing & Funding)
• 29 CFR 90 (Petition Process)
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Key Guidance - TEGLs
• TEGL 11-02 (2002 Operating Instructions)
– Changes 1, 2 & 3
• TEGL 02-03 (ATAA, RTAA reference)
– Changes 1, 2
• TEGL 22-08 (2009 Operating Instructions)
– Change 1
• TEGL 10-11 (2011 Operating Instructions)
– Changes 1, 2
• TEGL 05-00 (Program Integration)
• TEGL 21-00 (Program Integration)
• TEGL 15-12 (Program Integration)
• TEGL 05-01 (Travel)
• TEGL 09-05 (Distance Learning)
• TEGL 13-05 (Remedial Training)
• TEGL 08-11 (Equitable Tolling)
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Key Guidance - UIPLs
• UIPL 17-87 (Strike/Lockout)
• UIPL 25-87 (Bumped Workers)
• UIPL 29-91 (Incapacitated/Deceased)
• UIPL 31-00 (TRA TAG)
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Key Guidance - HCTC
• UIPL 02-03 (Initial Guidance)
• UIPL 05-03 (HCTC)
• UIPL 33-03 (HCTC Q&A)
• UIPL 05-06 (HCTC 1099-G)
• UIPL 21-09 (HCTC)
• UIPL 12-11 (Reversion)
• TEGL 10-02 (Bridge/Gap-Filler Grants)
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Regional Office Contacts – Region 1
Timothy Theberge
Regional Trade Coordinator
(Primary)
617-788-0139
@timtheberge (Twitter)
www.slideshare.net/ttheberge
Kate McLaughlin
Trade Coordinator
(Backup)
617-788-0126
John Murphy
TRA Coordinator
617-788-0392