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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
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
slide27
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
slide28
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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