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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

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PETITION FILING

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Petition filing

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 filing1

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

TAA WORKER INTAKE

  • IDES Local Office First

    • UI Claim

    • TRA Claim

    • Initial Waiver

  • LWIA Next


Taa worker intake1

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 intake2

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

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 services1

TAA BENEFITS AND SERVICES

  • IDES will administer:

    • TRA

    • ATAA

    • HCTC

  • DCEO/LWIA’s will administer:

    • Training

    • Job search allowances

    • Relocation allowances


Basic tra

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

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

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

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

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

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

WAIVER CRITERIA

  • Recall

  • Marketable skills

  • Retirement

  • Health

  • Enrollment unavailable

  • Training not available


Waiver during ui

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

NORMAL WAIVER

  • For receipt of basic TRA

  • Must be reviewed

  • Issued by LWIA

  • Can be an extension of UI-period waiver


Breaks in training

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

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

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 training1

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

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 issues1

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

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 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

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 allowances1

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


Petition filing

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


Petition filing

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

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

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

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

REQUIRED REPORTING

  • Process reporting – ETA 563

  • Outcomes reporting – TAPR

  • Financial reporting

    • Now ETA 9023

    • Soon ETA 269


Certification criteria

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 criteria primary increased imports

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 criteria primary production shift

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 criteria secondary upstream

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 criteria secondary downstream

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

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

SECONDARY WORKERS

  • Directly related to primary firms whose workers are certified

  • Upstream – supply components

  • Downstream – perform finishing operations

  • “First tier” only


State obligations

STATE OBLIGATIONS

  • Determinations and redeterminations

  • Use of State law

  • Appeals and hearings

  • State agency rulemaking

  • Overpayments

  • Recordkeeping

  • Information, reports, and studies


Up front necessities1

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


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