The Trade Adjustment AssistanceandTrade and Globalization Adjustment AssistancePrograms
Contact Information Carol Elwell TAA Coordinator NYS Department of Labor Division of Employment and Workforce Solutions Telephone: (518) 457-7455 firstname.lastname@example.org
Agenda • General Information • Program Benefits • Petition & Entitlement Process • Training • TRA • Training Waivers • Waiver/Training Determinations, etc.
Agenda Continued • Job Search Allowances & Determination Form • Relocation Allowances & Determination Form • ATAA & RTAA • HCTC • Agent vs. Liable State • Case Management, Employment/ Training Plans & OSOS Data Recording • Questions & Answers
Trade Adjustment Assistance & Trade and Globalization Adjustment Assistance Act TAA was established to help trade-affected workers who lose their jobs due to increased imports and shifts in production. TGAA expanded coverage to include threatened workers, service industry, and public agency workers as well as shifts to all foreign countries.
TAA & TGAA • Trade Adjustment Assistance (TAA) program founded in 1974 & amended in 2002. • Trade and Globalization Adjustment Assistance Act (TGAA) enacted in 2009.
KEY DATE: May 18, 2009 • All petitions certified before 5/18/09 are covered by TAA program rules. These petitions will be numbered between 40000 and 69999. • Petitions filed on or after 5/18/09 are covered under the new TGAA program rules. These petitions will be numbered 70001 and above.
A Focus On Training Workers who receive training have higher entered employment rates, longer retention rates and higher post average earnings than their counterparts who don’t receive training.
Program Benefits include: • Rapid Response • Reemployment Services • Counseling • Resume writing and interview skills workshops • Career assessment • Job development services • Job search programs • Job referrals
Program Benefits – Continued • Training • TRA Income Support • Job Search Allowances • Relocation Allowances • Health Coverage Tax Credit
The Petition & Entitlement Process • First step is to file a petition for certification with USDOL. • Petitioners can complete the form on-line or fax or mail it to USDOL. • Petitioners must also send the form to the State TAA Coordinator. New York State petitions should be faxed to NYS TAA Coordinator at 518-485-2577.
Petitions May Be Filed By: Group of 3 workers from the same firm at the same location A State/Local Agency Representative from the local One-Stop Center A company official A union official
Petition Specifics • If a group of workers are certified, the certification will cover all workers in the group even if they were not named specifically on the petition. • The petition, if filed by a group of workers, must be signed by all three petitioners. • The petition, if filed by any other authorized representative, requires only 1 signature.
Petition Specifics • Section 4 - Affirmation of Information must be signed and dated. • Petition forms must be submitted within 1 year from the date on which the workers were separated or had their hours or wages reduced. • Petitions cannot be filed earlier than 40 days before the workers’ separation or reduction in hours/wages, or when a WARN notice has been filed.
USDOL Petitions • Decision rendered within 40 days of receipt. • To check status go to: www.doleta.gov/tradeact/taa/taa_search_form.cfm • OTAA will issue a Certification Regarding Eligibility to Apply for Worker Adjustment Assistance. The Certification will specify the impact period (beginning and end dates).
Appeal Process • OTAA will issue a Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance. (TAA denial) • Determinations are published in the Federal Register. An appeal or “reconsideration request” must be submitted in writing within 30 days of publication.
Appeal Process • Workers denied certification may also seek judicial review following initial petition denial or denial following administrative reconsideration. • Appeal for judicial review are filed with the Case Management Supervisor at the U.S. Court of International Trade within 60 days of the Federal Register publication or administrative reconsideration denial.
The Entitlement Process • USDOL informs NYSDOL’s TAA and TRA Coordinators when determinations are issued. • NYSDOL’s TAA Coordinator forwards determinations to WIB Director, DOL Team Leader, local TAA Coordinator & local Rapid Response Specialist. • NYSDOL’s Special Programs Unit staff contacts the employer to obtain a list of all trade-affected workers.
Entitlement Process • TA720 – Application for Trade Adjustment Assistance: Is mailed to potentially entitled trade-affected workers. • TA720 application is used to determine individual entitlement to TAA, TRA, ATAA or RTAA.
TAA Entitlement • Worked at least one day during the impact period • Separated under qualifying circumstances (i.e. lack of work).
TRA Entitlement To be TRA entitled, workers must have: • Worked for the trade-affected employer a minimum of 26 weeks; • Earned more than $30 per week within the 52 week period prior to separation; and • Became enrolled in training or issued a waiver from training before training enrollment deadline.
Outreach • A list of workers who receive the TA720 application is sent to WIB Director, DOL Team Leader, local TAA Coordinator, and local Rapid Response Specialist. • Each local area is responsible for providing outreach to those who reside in their area. • Outreach includes, but is not limited to: advising workers on the benefits of TAA, where to obtain benefits and services and how to complete the TA720 application.
TA722 – Notice of Entitlement • TA722- Determination of Entitlement to Trade Adjustment Assistance: Is mailed to trade-affected workers who are found entitled. • TA722 notice advises the trade-affected worker of their individual entitlement to TAA, TGAA, TRA, ATAA, and RTAA.
TA722 – Notice of Entitlement • Identifies the programs for which the trade-affected worker has been found entitled. • Includes the trade-affected worker’s training enrollment deadline date. • Instructs the trade-affected worker to schedule an appointment with a One-Stop Center representative before their training enrollment deadline. • Instructs the trade-affected worker to bring the TA722 with them to the appointment.
Exceptions to the Training Enrollment Deadline • A 45-day extension to the training enrollment deadline can be requested only when there are extenuating circumstances beyond the trade-affected workers control for missing the training enrollment deadline. • Requests will be considered on a case-by-case basis by the Director of the Special Programs Unit. • A waiver from training should not be issued until confirmation that the 45-day extension has been granted.
HELPFUL TIP If the Training Enrollment Deadline date on the TA722 falls on a Wednesday, a 45-day extension has already been granted to the trade-affected worker.
Additional Exception to theTraining Enrollment Deadline Under the Trade & Globalization Adjustment Assistance Program – Failure of the State to notify the worker of their entitlement justifies an extension of the eligibility periods to the Monday of the first week occurring 60 days after notification.
Training Comparison: Duration • Trade Adjustment Assistance • Maximum Duration for Training: 104 instructional weeks or 130 instructional weeks when remedial education is warranted. • Trade & Globalization Adjustment Assistance • Maximum Duration for Training: 130 instructional weeks or 156 instructional weeks when remedial or pre-requisite education is warranted.
Training Comparison: Full-Timeand Part-Time • Trade Adjustment Assistance – Training must be full-time unless part-time semester is the last semester and courses taken are final courses needed for graduation OR part-time semester is next to last semester and the final semester is for full-time internship, practicum or student teachings.
Training Comparison: Full-Timeand Part-Time • Trade & Globalization Adjustment Assistance – Training can be full-time or part-time. However, full-time training is required to receive TRA benefits.
Training Comparison: Training Plans • Trade Adjustment Assistance – TAA training approval requires the training facility and course to be on the State’s Eligible Training Providers List.
Training Comparison: Training Plans • Trade & Globalization Adjustment Assistance – TAA training approval no longer requires course selection from the State’s Eligible Training Provider List. However, if WIA funds are used to pay for any portion of the training cost, the facility and course must be on the State’s Eligible Training Provider List.
Training Comparison: Start Date • Trade Adjustment Assistance – Workers cannot begin approved training until they have been totally or partially separated from adversely affected employment. • Trade & Globalization Adjustment Assistance – Workers may begin approved training when threatened with separation from adversely affected employment.
6 Criteria for Training Approval • No suitable employment considering current labor market conditions; • Worker would benefit from training; • Reasonable expectation of employment as a result of the training; • Training available at a reasonable cost; • Worker is qualified to take and complete training; and • Worker’s financial ability.
Approvable Training • One training per petition – no time limit. • Training is approvable for an eligible trade-affected worker regardless of eligibility for UI/TRA or benefit status. • Training must be suitable & available at a reasonable cost. Includes transportation and/or subsistence costs where applicable. Costs are to be reimbursed at the current General Services Administration (GSA) mileage rate.
Approvable Training - Continued • Training must be of suitable duration – not more than 130 instructional weeks under TAA or 156 instructional weeks under TGAA. • Remedial Training as a Stand-Alone is approvable • Distance Learning (on-line) is approvable. • Apprenticeship training programs are now approvable under the Trade & Globalization Adjustment Assistance Program.
OJT – General Conditions • Employers can be reimbursed if they train, in the customary work environment and hire a trade affected worker who does not already possess the skills needed to perform the job. • The job for which the eligible worker is being trained is not created in a promotional line that will infringe upon the promotional opportunities of currently employed individuals.
OJT – General Conditions • The employer must provide no less than 240 hours (6 weeks) and no more than 1,040 hours (26 weeks) of reimbursable training. • No more than 25% of an employer’s permanent full-time workforce can be included in an OJT contract at any one time.
OJT – General Conditions • No currently employed worker is or will be displaced – including partial displacements such as reduction of hours, wages, or employment benefits. • No other individual is on layoff from the same or substantially similar job for which such eligible worker is being trained.
OJT – General Conditions • The employer has not terminated the employment of any regular employee with the intention of filling the vacancy so created by the hiring of the eligible worker. • Reimbursement cannot average more than 50% of the wages paid by the employer during the training period.
OJT – General Conditions • An employer who fails without good cause to retain the eligible worker trainee after the traineeship period will not receive further TAA-OJT agreements.
Policy Change • Funding Caps on TAA Approved Training are: • Training Program Up to 52 weeks - $8,250 • Training Program Up to 104/130 weeks for TAA and 130/156 for TGAA - $15,000 *The above caps represent the total amount of TAA funds that can be approved. The total cost of training may exceed these caps but must be covered by another funding source, such as but not limited to WIA, Pell, employer contribution, scholarships.
Non-Approvable Training • Correspondence courses; • Self-paced training programs; • Training that requires the worker to pay any part of the total cost of training; • Training that costs more than what other students pay; • Replacement of paid items or costs to take failed or uncompleted courses.
Non-Approvable Training - Continued • Training shorter than 150 instructional hours is not deemed sufficient. Courses shorter than 150 hours should not be approved without sufficient justification. • Training should not be approved for an occupation involving self-employment, commissions or tips unless the probability for employment upon completion is exceptionally high. One-Stop Operator and WIB Director must approve any exceptions.
Requests for TAA Funds for Training/Training Plan Detail • Requests can be submitted no earlier than 60 days before the training start date. • Multiple requests will need to be submitted if the training program spans more than one federal fiscal year (October 1 – September 30). • One-Stop staff complete and submit form via email.
Amending a Training Program A training program may need to be amended for various reasons such as: delay due to low enrollment in training program, struggling in classes, and unforeseen personal or family issues.
Amending a Training Program • Preferable to amend the program for an objective in the same occupational family. • Training program can be amended to include remedial training. • Funds cannot be used to pay for a failed course twice.
Weekly Request for Allowances by Worker in Training (TA923.1) • To certify TRA benefits the Weekly Request for Allowances by Workers in Training form must be used. • The form is used for TRA eligible individuals to request a TRA payment while in training. • Responsibility of the claimant to complete and submit weekly.