Trade and Globalization Adjustment Assistance Act of 2009 TGAAA

1. Trade and Globalization Adjustment Assistance Act of 2009 (TGAAA) U.S. Department of Labor Welcome to this TGAAA Training Session that DCEO, IDES and DOL is providing to our State and local partners on the provisions of the TGAAA of 2009. Introductions: Names........ LOGISTICS�Exits, Restroom, Breaks, Lunch, We encourage questions a we go along, but the agenda is tight, and we may have to move on so the parking lot will help capture any unanswered concerns. Parking Lot�We have provided yellow sticky notes and encourage you to write your questions (Include your Name) on them and post the notes on the Note Pads positioned around the room. We will try to answer all your questions and will conclude with a panel discussion on the final day to bring greater clarity to issues you raise. Common Terminology will be stressed and common abbreviations are included in your handouts�Incumbent Worker, ITC, RTAA, SAVE, and TGAAA. More are available in paragraph 3 of the Operating Instructions.Welcome to this TGAAA Training Session that DCEO, IDES and DOL is providing to our State and local partners on the provisions of the TGAAA of 2009.

2. Panel Discussion Panelist Include: Susan Boggs, DCEO TAA Coordinator Janet S Rosentreter, DCEO TAA Coordinator Deborah Geier, IDES TRA Coordinator Dwayne Anderson, IDES Gerardo Lara, Region Five DOL Richard Skinner, Region Five DOL

3. TGAAA Training Logistics Agenda Meeting times, breaks, lunch Restrooms TGAAA Binders Questions and Parking Lot Evaluations Sign Up for Newbie Training

4. Trade Adjustment Assistance Handouts of documents we�ll use are provided. The slides of this presentation are sequenced per the agenda so you can follow along in the Operating Instruction and we�ll refer to appropriate sections frequently. Scenarios are included throughout to help illustrate an understanding of each of the important points. Help us improve this presentation by suggesting your own� Handouts of documents we�ll use are provided. The slides of this presentation are sequenced per the agenda so you can follow along in the Operating Instruction and we�ll refer to appropriate sections frequently. Scenarios are included throughout to help illustrate an understanding of each of the important points. Help us improve this presentation by suggesting your own�

5. Trade Adjustment Assistance Signed into Law on February 17, 2009 New program Services and Benefits begin with Petitions filed on or after May 18, 2009 through December 31, 2010. Two distinct sets of rules 2002 vs. 2009 will be administered for at least two years. Discuss the need to administer four distinctly different programs�Forms are different by TAA and TGAAA. 2002 TAA (Certifications 50000 to 69999) 2002 ATAA (Certifications 50000 to 69999) 2009 TGAAA (Certifications 70000 or higher) Effective May 18, 2009 2009 RTAA (Certifications 70000 or higher) Discuss the need to administer four distinctly different programs�Forms are different by TAA and TGAAA. 2002 TAA (Certifications 50000 to 69999) 2002 ATAA (Certifications 50000 to 69999) 2009 TGAAA (Certifications 70000 or higher) Effective May 18, 2009 2009 RTAA (Certifications 70000 or higher)

6. Program Changes Three Major Areas of change: Expanded Eligibility Increased Benefits New Funding and Reporting This is NOT Stimulus Money and therefore does not present a separate expenditure reporting requirement on www.recovery.gov �Sense of Congress� The Secretary�s of Labor, Commerce, and Agriculture should apply the provisions of their respective TAA program with the utmost regard for the interests of workers, firms, communities, and farmers petitioning for benefits. Expanded Eligibility: Now covers workers in firms that supply services and; workers whose firm has shifted production to any foreign country; and workers in public agencies. Benefits improved. More funding and major changes in the reporting requirements. This is NOT Stimulus Money and therefore does not present a separate expenditure reporting requirement on www.recovery.gov �Sense of Congress� The Secretary�s of Labor, Commerce, and Agriculture should apply the provisions of their respective TAA program with the utmost regard for the interests of workers, firms, communities, and farmers petitioning for benefits. Expanded Eligibility: Now covers workers in firms that supply services and; workers whose firm has shifted production to any foreign country; and workers in public agencies. Benefits improved. More funding and major changes in the reporting requirements.

7. Worker Group Eligibility TGAAA Section 1801 TEGL 22-08 Section B Manufacturing Workers Service Industry Workers Refer to the document titled �One-Page Reference� following this slide and in your handouts. (Behind Tab #3 in manuals) Used to be for workers that produced articles. Now also covers those that produced component parts. It now also covers shifts to any foreign country. And now can cover service workers. Refer to the document titled �One-Page Reference� following this slide and in your handouts. (Behind Tab #3 in manuals) Used to be for workers that produced articles. Now also covers those that produced component parts. It now also covers shifts to any foreign country. And now can cover service workers.

8. TGAAA Section 1801 TEGL 22-08 Section B Public Agency Workers Secondary Workers Worker Group Eligibility Refer to the document titled �One-Page Reference� following this slide and in your handouts. (Behind Tab #3) For an Agency Worker to be covered they must meet: A significant number of the workers in the public agency have become totally or partially separated or be threatened with total or partial layoff. The public agency has acquired from a foreign country services that are like or directly competitive witht he services supplied by the public agency. The acquisition of services described in #2 contributed importantly to the workers� separation or threat of separation. Refer to the document titled �One-Page Reference� following this slide and in your handouts. (Behind Tab #3) For an Agency Worker to be covered they must meet: A significant number of the workers in the public agency have become totally or partially separated or be threatened with total or partial layoff. The public agency has acquired from a foreign country services that are like or directly competitive witht he services supplied by the public agency. The acquisition of services described in #2 contributed importantly to the workers� separation or threat of separation.

9. Worker Group Eligibility TGAAA Section 1801 & 1802 TEGL 22-08 Section B Verification of Information Firms Identified by the ITC Firms must certify accuracy and completeness of information. DOL to use Subpoena authority after 20 days from date of information request. Slightly different confidentiality provisions are detailed in B.4. Certifications based on ITC findings must satisfy three requirements: Finding of Injury or Market Disruption Petition filed within one year of published ITC finding Separations occur within one year (before or after) the published ITC finding The DOL letter to the Governor will be copied to the appropriate Regional Staff. Petitions filed after one year will require normal investigation process. Impact and Expiration dates may vary from normal certifications so pay attention to them. Next slide illustrates the Trade Certification Time Line.Firms must certify accuracy and completeness of information. DOL to use Subpoena authority after 20 days from date of information request. Slightly different confidentiality provisions are detailed in B.4. Certifications based on ITC findings must satisfy three requirements: Finding of Injury or Market Disruption Petition filed within one year of published ITC finding Separations occur within one year (before or after) the published ITC finding The DOL letter to the Governor will be copied to the appropriate Regional Staff. Petitions filed after one year will require normal investigation process. Impact and Expiration dates may vary from normal certifications so pay attention to them. Next slide illustrates the Trade Certification Time Line.

10. Note that the impact date is one year prior to the petition filing date�not the certification date. The expiration date is two years from the certification date�a worker covered by the certification can be separated due to lack of work from the impacted employer any time between the impact date and the expiration date and may establish eligibility for TAA/TRA benefits, services. Timeline behind Tab #4 in manualsNote that the impact date is one year prior to the petition filing date�not the certification date. The expiration date is two years from the certification date�a worker covered by the certification can be separated due to lack of work from the impacted employer any time between the impact date and the expiration date and may establish eligibility for TAA/TRA benefits, services. Timeline behind Tab #4 in manuals

11. Notification All Pending Petitions and Determinations Posted on DOL and DCEO Website DCEO List Now Includes DETS ID, # Affected and Affected Worker Group Determinations Sent to IDES Determinations Sent to DCEO Staff, Managers and LWIA IDES Sends Public Notice IDES Obtains Official Employee Lists Lists are posted on the DCEO web site but not on the IDES Web Site presently. DCEO and LWIA staff will be notified by Janet through an email with the petition and the certification or determination attached. IDES will be notified by Janis with attached documents. IDES will still contact the employer and get two lists. Those laid off and those that are threatened with layoff. DCEO and LWIA staff will initiate Rapid Response for every petition and record all workshops and contact information in DETS. New TAA workshops can�t take the forms explain............... Show Methode Petition for example of different Impact Dates. Lists are posted on the DCEO web site but not on the IDES Web Site presently. DCEO and LWIA staff will be notified by Janet through an email with the petition and the certification or determination attached. IDES will be notified by Janis with attached documents. IDES will still contact the employer and get two lists. Those laid off and those that are threatened with layoff. DCEO and LWIA staff will initiate Rapid Response for every petition and record all workshops and contact information in DETS. New TAA workshops can�t take the forms explain............... Show Methode Petition for example of different Impact Dates.

12. TAA Rapid Response TAA Rapid Response Requirement Must Track RR Attendance DETS Event for Each Certification - Criteria for use of an established event All certifications must have TAA Rapid Response provided. If RR can not be provided it must be documented in the corresponding DETS event what attempts were made and why it could not be held. Also what attempts were made to contact the workers. DOL tracks RR activities and attendance and services. Each certification number must have an individual DETS event. To utilize an existing DETS event you can not have any layoffs that have occurred PRIOR to the Impact Date of the Certification. If there were you must create a new DETS event. The event must be created immediately because we are posting it on the TGAAA 2009 Petition Determination Listing so all LWIAs know what event ID to use. All certifications must have TAA Rapid Response provided. If RR can not be provided it must be documented in the corresponding DETS event what attempts were made and why it could not be held. Also what attempts were made to contact the workers. DOL tracks RR activities and attendance and services. Each certification number must have an individual DETS event. To utilize an existing DETS event you can not have any layoffs that have occurred PRIOR to the Impact Date of the Certification. If there were you must create a new DETS event. The event must be created immediately because we are posting it on the TGAAA 2009 Petition Determination Listing so all LWIAs know what event ID to use.

13. TGAAA Policy & Procedures PRE MAY 18th STATE TAA POLICY: WIA Policy Letter -- 09-PL-52 TAA Administration  (7-29-2009) Newly Revised TAA Forms Sent Out (6-11-2009 )TGAAA POLICY & FORMS: DCEO issued 08-NOT-37 (5-18-09) Trade Adjustment Assistance Operating Instructions including Attachment A TEGL 22-08 TGAAA Operating Instructions and Attachment B TEGL 23-08 Petitions for TGAAA. OLD TAA POLICY: WIA Policy Letter -- 09-PL-52 TAA Administration (7-29-2009) 6-11-2009 New TAA Forms Sent outTGAAA POLICY and FORMS: DCEO issued 08-NOT-37 (5-18-09) Trade Adjustment Assistance Operating Instructions including Attachment A TEGL 22-08 TGAAA Operating Instructions and Attachment B TEGL 23-08 Petitions for TGAAA. OLD TAA POLICY: WIA Policy Letter -- 09-PL-52 TAA Administration (7-29-2009) 6-11-2009 New TAA Forms Sent out

14. Case Management TGAAA Section 1826 TEGL 22-08 Section G Employment & Case Management Services Employment and Case Management Services Entitlement of Case Management Services Eight Required Case Management Services IEP Development, Testing and Assessment IWDS Changes Requires that employment and case management services are now an entitlement to all adversely affected workers and adversely affected incumbent workers. Intent is to make it possible to have early assessments in order to properly advise, counsel and refer participants to appropriate services. Or to provide the necessary information and support for adversely affected workers and adversely affected incumbent workers to achieve sustainable reemployment. GO TO NEXT SLIDE: There are 8 specific functions required which are detailed in section 235 of the Act and in section G.1 (P. A-46) of the Operating Instructions. 1) comprehensive assessment; 2) development of an IEP; 3) information on available training; 4) information on financial aid; 5) prevocational services; 6) career counseling; 7) employment statistics and the 8) availability of supportive services.  The services may be provided by staff funded by TGAAA OR by staff funded under partner programs. States must demonstrate that these services were provided or offered through paper-based files or case management systems which must be available for review. The new IEP will list all of these and IWDS will require entry on the Trade side Case Management Services.  The financing of Case Management will be covered in a separate training session by Ray Parrack in Sept. Employment and Case Management Services Entitlement of Case Management Services Eight Required Case Management Services IEP Development, Testing and Assessment IWDS Changes Requires that employment and case management services are now an entitlement to all adversely affected workers and adversely affected incumbent workers. Intent is to make it possible to have early assessments in order to properly advise, counsel and refer participants to appropriate services. Or to provide the necessary information and support for adversely affected workers and adversely affected incumbent workers to achieve sustainable reemployment. GO TO NEXT SLIDE: There are 8 specific functions required which are detailed in section 235 of the Act and in section G.1 (P. A-46) of the Operating Instructions. 1) comprehensive assessment; 2) development of an IEP; 3) information on available training; 4) information on financial aid; 5) prevocational services; 6) career counseling; 7) employment statistics and the 8) availability of supportive services. The services may be provided by staff funded by TGAAA OR by staff funded under partner programs. States must demonstrate that these services were provided or offered through paper-based files or case management systems which must be available for review. The new IEP will list all of these and IWDS will require entry on the Trade side Case Management Services. The financing of Case Management will be covered in a separate training session by Ray Parrack in Sept.

15. Case Management TGAAA Section 1826 & 1852 TEGL 22-08 Section G 1) Comprehensive Assessment; 2) Development of an IEP; 3) Information on Available Training; 4) Information on Financial Aid; 5) Prevocational Services; 6) Career Counseling; 7) Employment Statistics 8) Availability of Supportive Services There are 8 specific functions required which are detailed in section 235 of the Act and in section G.1 (P. A-46) of the Operating Instructions. 1) comprehensive assessment; 2) development of an IEP (requires a service record on the TAA application on IWDS); 3) information on available training; 4) information on financial aid; 5) prevocational services; 6) career counseling (requires a service record on the TAA application on IWDS); ; 7) employment statistics and the 8) availability of supportive services. NEW IEP with all case mgt items on it. IWDS changes to track all this. Alien Verification/Re-verification. New Public Assistance Collection Requirements: None = 0; TANF a yes or no answer; SSI/SSDI � 1=SSI, 2=SSDI; 3=Both SSI and SSDI and also Other Public Assistance ye or no answer. This includes: General Assistance (by state or local Gov); Refugee Cash Assistance; Supplemental Nutrition Assistance. Do not include Foster Child Payments. Continue to provide case management activities and related services through co-enrollment. It�s an opportunity to enhance current structures and continue using the expertise that already exists in WIA and other programs. You will still be able to apply for Case Management funds under 1E and we have increased the amount allowed to $50,000 per Case Manager and lowered the threshold of an event to 200. If the funds available for employment and case management services are insufficient to meet the requirement of offering such services to all TAA participants, LWIAS must make arrangements to assure that funding under WIA or another program is available to provide those services. Multiple enrollment resources include Wagner-Peyser, faith-base services, community based programs, vocational rehab and vets. Programs. Other Case management implications: 1) Waivers, 2) Alien Verification Process 3) Enrollment and Training process 4) Documenting the use of 45 days ext. circum. Exception rule, justifiable cause rule and the Good Cause rule. Can use three all in one situation. %) Approving training and different types of training 6) RTAA. Immigration status must be initially verified on all Self-Reporting aliens. Receipt of all TAA benefits and services requires satisfactory immigration status. Documents used to verify status include expiration dates that must be recorded and tracked to ensure eligibility throughout the delivery of TAA. The Systematic Alien Verification for Entitlement (SAVE) system operated by US Customs and Immigration Service is the required vehicle for verifying status, and if available that system will also include an expiration date. If expiration occurs during the receipt of service or benefits under TAA that status must be re-verified before services may continue. States must have a system to alert staff if status expires while eligibility continues. One of the six conditions for approving training is the reasonable expectation of employment following training�If satisfactory immigration status does not exist at the planned conclusion of training�that training plan may NOT be approved. Two funding mechanisms have been created for employment and case management: One third of Administration funding is to be used for this purpose and this determination will be made at expiration of the funds. An annual allocation of $350,000 per State for States that are awarded a TAA Training Allocation. There are 8 specific functions required which are detailed in section 235 of the Act and in section G.1 (P. A-46) of the Operating Instructions. 1) comprehensive assessment; 2) development of an IEP (requires a service record on the TAA application on IWDS); 3) information on available training; 4) information on financial aid; 5) prevocational services; 6) career counseling (requires a service record on the TAA application on IWDS); ; 7) employment statistics and the 8) availability of supportive services. NEW IEP with all case mgt items on it. IWDS changes to track all this. Alien Verification/Re-verification. New Public Assistance Collection Requirements: None = 0; TANF a yes or no answer; SSI/SSDI � 1=SSI, 2=SSDI; 3=Both SSI and SSDI and also Other Public Assistance ye or no answer. This includes: General Assistance (by state or local Gov); Refugee Cash Assistance; Supplemental Nutrition Assistance. Do not include Foster Child Payments. Continue to provide case management activities and related services through co-enrollment. It�s an opportunity to enhance current structures and continue using the expertise that already exists in WIA and other programs. You will still be able to apply for Case Management funds under 1E and we have increased the amount allowed to $50,000 per Case Manager and lowered the threshold of an event to 200. If the funds available for employment and case management services are insufficient to meet the requirement of offering such services to all TAA participants, LWIAS must make arrangements to assure that funding under WIA or another program is available to provide those services. Multiple enrollment resources include Wagner-Peyser, faith-base services, community based programs, vocational rehab and vets. Programs. Other Case management implications: 1) Waivers, 2) Alien Verification Process 3) Enrollment and Training process 4) Documenting the use of 45 days ext. circum. Exception rule, justifiable cause rule and the Good Cause rule. Can use three all in one situation. %) Approving training and different types of training 6) RTAA. Immigration status must be initially verified on all Self-Reporting aliens. Receipt of all TAA benefits and services requires satisfactory immigration status. Documents used to verify status include expiration dates that must be recorded and tracked to ensure eligibility throughout the delivery of TAA. The Systematic Alien Verification for Entitlement (SAVE) system operated by US Customs and Immigration Service is the required vehicle for verifying status, and if available that system will also include an expiration date. If expiration occurs during the receipt of service or benefits under TAA that status must be re-verified before services may continue. States must have a system to alert staff if status expires while eligibility continues. One of the six conditions for approving training is the reasonable expectation of employment following training�If satisfactory immigration status does not exist at the planned conclusion of training�that training plan may NOT be approved. Two funding mechanisms have been created for employment and case management: One third of Administration funding is to be used for this purpose and this determination will be made at expiration of the funds. An annual allocation of $350,000 per State for States that are awarded a TAA Training Allocation.

16. Case Management A LWIA issues a waiver and maintains the waiver. What category of funds are used for this purpose? Issuing a waiver and maintaining a waiver can be charged to either category of administrative funds: the 10% or the 5%. Waivers in the past were considered an administrative function. This remains. However, issuing and maintaining a waiver requires a state to determine marketable skills of the individual and whether the reasons for maintaining a waiver continue to exist. Both of these functions require case management which would allow a state to charge to the 5% category. States that may have difficulty reaching a minimum of 5% on case management could use the waiver process to meet this goal. Issuing a waiver and maintaining a waiver can be charged to either category of administrative funds: the 10% or the 5%. Waivers in the past were considered an administrative function. This remains. However, issuing and maintaining a waiver requires a state to determine marketable skills of the individual and whether the reasons for maintaining a waiver continue to exist. Both of these functions require case management which would allow a state to charge to the 5% category. States that may have difficulty reaching a minimum of 5% on case management could use the waiver process to meet this goal.

17. Trade Training TGAAA Section 1828 TEGL 22-08 Section D Cap on Training Funds: Increased funding for training New formula for distributing funds. 1. Raises total amount available to fund training from $220 million annually to $575 million annually in2009 and 2010. The first quarter of FY2011 receives $143,750,000 or one quarters allotment. 2. 236 (a) (2) (B) and (C) changed the method of distributing training funds using specific formula factors. TEGL � 04-08 Change I provides information on such changes. The recent distribution of funds for FY 2009 used a preliminary version of the factors identified for the FY 2010 formula. Four factors id. In 236 (a)(2)(C)(ii): 1)Trend in number of workers covered by certifications during most recent four consecutive calendar quarters, 2) Trend in number of workers in training during same quarters, 3) Number of workers estimated to be in training in calendar year, and 4) amount of funding estimated to be necessary to provide approved training during the fiscal year. The factors were weighted 40-30-20-10 from most recent backwards. 3. This year (2009), 5% will be reserved for reserve funding request. 4. FY 2010: Will hold 35% for reserve funding request but 90% will be distributed by July 15. Overall, the funding formula for 2010 will differ. Funding factors become mandatory and ETA is developing regulation and will undergo a rule making process which may cause the funding formula to be modified. NPRM will seek ideas�such as considering NEG funds where used to fill gaps in TAA funding. 1. Raises total amount available to fund training from $220 million annually to $575 million annually in2009 and 2010. The first quarter of FY2011 receives $143,750,000 or one quarters allotment. 2. 236 (a) (2) (B) and (C) changed the method of distributing training funds using specific formula factors. TEGL � 04-08 Change I provides information on such changes. The recent distribution of funds for FY 2009 used a preliminary version of the factors identified for the FY 2010 formula. Four factors id. In 236 (a)(2)(C)(ii): 1)Trend in number of workers covered by certifications during most recent four consecutive calendar quarters, 2) Trend in number of workers in training during same quarters, 3) Number of workers estimated to be in training in calendar year, and 4) amount of funding estimated to be necessary to provide approved training during the fiscal year. The factors were weighted 40-30-20-10 from most recent backwards. 3. This year (2009), 5% will be reserved for reserve funding request. 4. FY 2010: Will hold 35% for reserve funding request but 90% will be distributed by July 15. Overall, the funding formula for 2010 will differ. Funding factors become mandatory and ETA is developing regulation and will undergo a rule making process which may cause the funding formula to be modified. NPRM will seek ideas�such as considering NEG funds where used to fill gaps in TAA funding.

18. Trade Training TGAAA Section 1830 TEGL 22-08 Section D.2 Adversely Affected Incumbent Worker Training Incumbent worker: 1) a member of a group certified as eligible to apply, 2) not yet separated, and 3) individually threatened with separation (documentation from firm or other reliable source or appears on affected worker list from employer). Incumbent worker: 1) a member of a group certified as eligible to apply, 2) not yet separated, and 3) individually threatened with separation (documentation from firm or other reliable source or appears on affected worker list from employer).

19. Threatened With Layoff TGAAA Section 1830 TEGL 22-08 Section D.2 Documentation is needed to prove threat of total or partial separation exists. State needs to make determination that worker is entitle to pre-separation training. IL will require that the customer�s name be on a list from the employer with a proposed layoff date. This must be re-verified by documentation from the employer before any new segment of training. Adversely affected incumbent workers must be notified of entitlement to TAA training. IDES must identify names and address of such workers by obtaining lists from employer. Workers threatened with total or partial separation may begin TAA funded pre-layoff training (which can be part-time) prior to that separation. Allows earlier intervention, and unlike WIA is not intended to extend employment with the certified employer. This should lessen the worker�s overall period of unemployment by starting training earlier. Six training criteria applies. Incumbent workers are also entitled to employment and case management services just as any other affected worker would be. OJT or Customized Training for the Adversely Affected employment may NOT be approved unless it is for work outside the certified worker group. Pre-separation training for another position with current employer only if that position is not threatened by trade. Loss of Threat removes eligibility for further training. Training may be continued if threat returns or separation occurs, and may continue training already paid for. This is the One training event per certification, although that training plan may be modified when circumstances dictate. Documentation needed to prove threat of total or partial separation exists. State needs to make determination that worker is entitle to pre-separation training. IL will require that the customer name be on a list from the employer only with a proposed layoff date. This must be re-verified before any new semester of training. The customer does not have to have a qualifying separation to receive services � just on the list. Adversely affected incumbent workers must be notified of entitlement to TAA training. CSA must identify names and address of such workers by obtaining lists from employer. This gives the workers a head start on gaining new employment. Workers threatened with total or partial separation may begin TAA funded pre-layoff training (which can be part-time) prior to that separation. Allows earlier intervention, and unlike WIA is not intended to extend employment with the certified employer. This should lessen the worker�s overall period of unemployment by starting training earlier. Six training criteria applies. Incumbent workers are also entitled to employment and case management services just as any other affected worker would be. OJT or Customized Training for the Adversely Affected employment may NOT be approved unless it is for work outside the certified worker group. Pre-separation training for another position with current employer only if that position is not threatened by trade. Loss of Threat removes eligibility for further training. Training may be continued if threat returns or separation occurs, and may continue training already paid for. This is the One training event per certification, although that training plan may be modified when circumstances dictate. Documentation needed to prove threat of total or partial separation exists. State needs to make determination that worker is entitle to pre-separation training. IL will require that the customer name be on a list from the employer only with a proposed layoff date. This must be re-verified before any new semester of training. The customer does not have to have a qualifying separation to receive services � just on the list. Adversely affected incumbent workers must be notified of entitlement to TAA training. CSA must identify names and address of such workers by obtaining lists from employer. This gives the workers a head start on gaining new employment. Workers threatened with total or partial separation may begin TAA funded pre-layoff training (which can be part-time) prior to that separation. Allows earlier intervention, and unlike WIA is not intended to extend employment with the certified employer. This should lessen the worker�s overall period of unemployment by starting training earlier. Six training criteria applies. Incumbent workers are also entitled to employment and case management services just as any other affected worker would be. OJT or Customized Training for the Adversely Affected employment may NOT be approved unless it is for work outside the certified worker group. Pre-separation training for another position with current employer only if that position is not threatened by trade. Loss of Threat removes eligibility for further training. Training may be continued if threat returns or separation occurs, and may continue training already paid for. This is the One training event per certification, although that training plan may be modified when circumstances dictate.

20. Trade Training TGAAA Section 1830 TEGL 22-08 Section D.3 � D.5 Part Time Training Prerequisites Training Length of Training Approval of Training Participants in Part-Time training (defined by the training institution) are NOT eligible for Income Support (TRA). Six criteria apply. States must examine financial ability to stay in training for duration of training. Customer must still attend all scheduled classes. Can now include prerequisites training. And yes you can approve an LPN or RN with a wait list but if the approval to begin that training doesn�t occur in a timely manner � the training plan would need to be revised. The 2002 provisions aligned the maximum TAA funded training length with the maximum length of income support�130 weeks. The 2009 provisions provide 26 more weeks of additional TRA and it is the Departments position that Congress intends the limitations to be aligned�therefore, the maximum length of TAA funded training is now 156. NPRM forthcoming on extending using other programs, but employability at 156 weeks is required for now. (LPN-RN Example) There does not need to be a remedial/pre-requisite component to reach 156 weeks of training; however, TRA does require remedial/pre-req. course work, and the six conditions for training approval must still be satisfied specifically the participants financial ability to remain in training in the event that TRA eligibility stops. 617.22 (a)(5)(ii) and (iii). Entire 156 can be vocational or 156 weeks of remedial. The six criteria for approving training found at 20CFR617.22 are unchanged. Still 25 miles and still $20,000 soft training cap. You will now have to spell out on the IEP how these conditions are being met in addition to capturing the info on IWDS. Financial ability means the Intent of Trade Act of 2009 is to not limit training options to short term training. Training past 156 weeks will be dealt with in NPRM process. Has the ability to pay living expenses while in TAA approved training. Approval of training still means that the DCEO/TGAAA Form #006 must be signed and dated prior to the start of training and that training must begin within 30 days. UI benefits will not be denied if the customer is in TAA approved Part-Time training. It still remains that you get one training per certification however it can be modified.Participants in Part-Time training (defined by the training institution) are NOT eligible for Income Support (TRA). Six criteria apply. States must examine financial ability to stay in training for duration of training. Customer must still attend all scheduled classes. Can now include prerequisites training. And yes you can approve an LPN or RN with a wait list but if the approval to begin that training doesn�t occur in a timely manner � the training plan would need to be revised. The 2002 provisions aligned the maximum TAA funded training length with the maximum length of income support�130 weeks. The 2009 provisions provide 26 more weeks of additional TRA and it is the Departments position that Congress intends the limitations to be aligned�therefore, the maximum length of TAA funded training is now 156. NPRM forthcoming on extending using other programs, but employability at 156 weeks is required for now. (LPN-RN Example) There does not need to be a remedial/pre-requisite component to reach 156 weeks of training; however, TRA does require remedial/pre-req. course work, and the six conditions for training approval must still be satisfied specifically the participants financial ability to remain in training in the event that TRA eligibility stops. 617.22 (a)(5)(ii) and (iii). Entire 156 can be vocational or 156 weeks of remedial. The six criteria for approving training found at 20CFR617.22 are unchanged. Still 25 miles and still $20,000 soft training cap. You will now have to spell out on the IEP how these conditions are being met in addition to capturing the info on IWDS. Financial ability means the Intent of Trade Act of 2009 is to not limit training options to short term training. Training past 156 weeks will be dealt with in NPRM process. Has the ability to pay living expenses while in TAA approved training. Approval of training still means that the DCEO/TGAAA Form #006 must be signed and dated prior to the start of training and that training must begin within 30 days. UI benefits will not be denied if the customer is in TAA approved Part-Time training. It still remains that you get one training per certification however it can be modified.

21. PART-TIME TRAINING A participant starts part-time training. Can the participant move to full-time training? What implications are there on TRA? What other factors are involved? Yes, a participant can start PT training and then move to FT and be eligible for TRA.�� A participant does not have to exhaust UI.� A customer can go from FT to PT training.� The implication would be that TRA stops.� A state really has to make�a determination up front with a worker that wants PT training how the worker will have the financial ability to complete training.�� The goal is still to return workers to reemployment. Part-Time training should not be the primary method of putting TAA participants into the classroom.� FT still rules but now there is some additional flexibility.� � Other considerations include TRA. Part-time training is now approvable TAA training allowable under Section 236 (a) but authorized under section (h) of 236, and also falls under the provisions of Section 236 (d).��Meaning that�part-time training is now approvable�by 236(h), thus�state UI, EB, and EUC, may not be denied if the individual is enrolled in part-time training.� � Of course, once UI is exhausted, no TRA is payable if the individual remains in part-time training.� The individual can move into full-time training thus allowing TRA. � 236 (d) (2) also is relevant in that state and federal laws regarding work search etc. are not applicable to deny an individual UI, EB, EUC during any week of TAA training which again includes part-time training. Yes, a participant can start PT training and then move to FT and be eligible for TRA.�� A participant does not have to exhaust UI.� A customer can go from FT to PT training.� The implication would be that TRA stops.� A state really has to make�a determination up front with a worker that wants PT training how the worker will have the financial ability to complete training.�� The goal is still to return workers to reemployment. Part-Time training should not be the primary method of putting TAA participants into the classroom.� FT still rules but now there is some additional flexibility.� � Other considerations include TRA. Part-time training is now approvable TAA training allowable under Section 236 (a) but authorized under section (h) of 236, and also falls under the provisions of Section 236 (d).��Meaning that�part-time training is now approvable�by 236(h), thus�state UI, EB, and EUC, may not be denied if the individual is enrolled in part-time training.� � Of course, once UI is exhausted, no TRA is payable if the individual remains in part-time training.� The individual can move into full-time training thus allowing TRA. � 236 (d) (2) also is relevant in that state and federal laws regarding work search etc. are not applicable to deny an individual UI, EB, EUC during any week of TAA training which again includes part-time training.

22. LENGTH OF TRAINING A participant wants training for 156 weeks. The participant will be employable at the conclusion of the 156 weeks of training. No remedial or pre-requisite training is involved. Can such a training plan be approved? Yes, the training can be approved. A participant does not have to take remedial and/or pre-requisite training in order to qualify for all 156 weeks of training. A purely occupational training plan of 156 weeks can be approved. What will be key is that the State must make a determination of the participant�s ability to financially support themselves with out income support for the time after which TRA is exhausted. The additional weeks of TRA triggered by remedial or pre-requisite training will not apply in such a case. Therefore, income support will exhaust at 130 weeks of training. Yes, the training can be approved. A participant does not have to take remedial and/or pre-requisite training in order to qualify for all 156 weeks of training. A purely occupational training plan of 156 weeks can be approved. What will be key is that the State must make a determination of the participant�s ability to financially support themselves with out income support for the time after which TRA is exhausted. The additional weeks of TRA triggered by remedial or pre-requisite training will not apply in such a case. Therefore, income support will exhaust at 130 weeks of training.

23. See next slide for discussion of exceptions Behind TAB #4 in manualSee next slide for discussion of exceptions Behind TAB #4 in manual

24. Red is �Good Cause� reasons for extending deadlines � must be documented in the customer file and on IWDS. Section 2720.105 Time For Filing An Initial Claim For Benefits a) An initial claim for benefits should be filed no later than the end of the first week in which the claimant is separated from work. If it is filed later than the week the claimant became separated from work and backdating is not requested, the claim shall begin in the week in which it was filed. b) If an initial claim is filed later than the end of the first week after the separation, but less than one year thereafter, at the claimant's request the Agency will backdate the claim to the appropriate date and determine eligibility for that period if the claimant shows: 1) The individual's unawareness of his rights under the Act; 2) Failure of either the employing unit or the agency to discharge its responsibilities or obligations under the Act or the rules; 3) Any act of any employing unit in coercing, warning or instructing the individual not to pursue his benefit rights; or, 4) Other circumstances beyond the claimant's control; and, 5) The claimant shows he filed his claim within 14 days after the reasons for failure to file no longer existed Red is �Good Cause� reasons for extending deadlines � must be documented in the customer file and on IWDS. Section 2720.105 Time For Filing An Initial Claim For Benefits a) An initial claim for benefits should be filed no later than the end of the first week in which the claimant is separated from work. If it is filed later than the week the claimant became separated from work and backdating is not requested, the claim shall begin in the week in which it was filed. b) If an initial claim is filed later than the end of the first week after the separation, but less than one year thereafter, at the claimant's request the Agency will backdate the claim to the appropriate date and determine eligibility for that period if the claimant shows: 1) The individual's unawareness of his rights under the Act; 2) Failure of either the employing unit or the agency to discharge its responsibilities or obligations under the Act or the rules; 3) Any act of any employing unit in coercing, warning or instructing the individual not to pursue his benefit rights; or, 4) Other circumstances beyond the claimant's control; and, 5) The claimant shows he filed his claim within 14 days after the reasons for failure to file no longer existed

25. Trade Training TGAAA Section 1828 TEGL 22-08 Section D.5 Extended Training Reasonable Cost States may approve training for longer than TRA eligibility if the worker demonstrates the financial ability to complete that training (one of the 6 conditions). This is a codification of current practice and allows for a situation where entry into a long term training program occurred after some significant delay in enrollment (i.e. person was on a waiver for some time), but the 156 week limitation still governs the length of training. Financial ability means the ability to pay living expenses while in TAA funded training after the period of TRA eligibility. Training beyond 156 weeks may not be TAA funded but if employability has been reached by the 156th week they could continue training funded by a partner program. LPN/RN example. When determining �Reasonable Cost� of a training program States may consider whether other public or private funds are available to the participant. States may not require the worker to obtain those funds as a condition for approval. Training �CAPS� may be used but only with a mechanism for exceeding the CAP to return a worker to suitable employment. CSA�s must consider cost, quality, and results, and may approve more expensive programs for better quality or results. Private funds include grants, scholarships, or employer funding or other sources NOT including personal or family assets. There may be future rule making on this topic. Workers should be allowed to use Pell grants for living expenses rather than training costs however, a worker may choose to include it for tuition to establish reasonable cost for approving a program� but CSAs may not require the worker to obtain other funds as a condition for approval of training. A worker can volunteer the use of funds when the cost of training is otherwise not reasonable. This must be documented. States may approve training for longer than TRA eligibility if the worker demonstrates the financial ability to complete that training (one of the 6 conditions). This is a codification of current practice and allows for a situation where entry into a long term training program occurred after some significant delay in enrollment (i.e. person was on a waiver for some time), but the 156 week limitation still governs the length of training. Financial ability means the ability to pay living expenses while in TAA funded training after the period of TRA eligibility. Training beyond 156 weeks may not be TAA funded but if employability has been reached by the 156th week they could continue training funded by a partner program. LPN/RN example. When determining �Reasonable Cost� of a training program States may consider whether other public or private funds are available to the participant. States may not require the worker to obtain those funds as a condition for approval. Training �CAPS� may be used but only with a mechanism for exceeding the CAP to return a worker to suitable employment. CSA�s must consider cost, quality, and results, and may approve more expensive programs for better quality or results. Private funds include grants, scholarships, or employer funding or other sources NOT including personal or family assets. There may be future rule making on this topic. Workers should be allowed to use Pell grants for living expenses rather than training costs however, a worker may choose to include it for tuition to establish reasonable cost for approving a program� but CSAs may not require the worker to obtain other funds as a condition for approval of training. A worker can volunteer the use of funds when the cost of training is otherwise not reasonable. This must be documented.

26. REASONABLE COST Reasonable cost continued: A training plan is put together that includes transportation cost. Are transportation cost a part of the total cost of training? A participant wants training of long-term duration and wants TAA to cover some of the training and s/he will cover the remaining portions. Can the participant use personal funds to pay for some of the training? Guidance for determining �reasonable cost� found at 617.22(a)(6). Such guidance includes 1) cost of a training program shall be tuition and related expenses, travel or transportation and subsistence expenses. 2) first consideration must be given to the lowest cost training which is available within the commuting area. Training of substantially similar quality, content and results at more than one provider, the lowest cost training shall be approved. 3) Training that involves transportation or subsistence which add substantially to the total cost shall not be approved if other appropriate training is available. More expensive training can be approved which demonstrates that the training is of higher quality or that it could be expected to produce better results for the workers. But if you are going to approve that in IL you must have hard copy documentation that supports this. Q.1. Yes, transportation cost are a part of the total cost of training. TEGL 05-01 provides additional guidance but TEGL 22-08 on page A-38 clearly indicates that transportation cost are to be included in the cost of a training program; as does TEGL 13-05. (IL is currently 25 miles) Q.2. No. Sections 617.22(h), 617.22(b)(1)(iii), and 617.25(b)(5)(ii) prohibit the use of funds personal to the worker and such provisions remain in effect until such time as amended through the notice and comment rulemaking process. Must enter a service record for any TAA approved transportation and/or subsistence assistance. Guidance for determining �reasonable cost� found at 617.22(a)(6). Such guidance includes 1) cost of a training program shall be tuition and related expenses, travel or transportation and subsistence expenses. 2) first consideration must be given to the lowest cost training which is available within the commuting area. Training of substantially similar quality, content and results at more than one provider, the lowest cost training shall be approved. 3) Training that involves transportation or subsistence which add substantially to the total cost shall not be approved if other appropriate training is available. More expensive training can be approved which demonstrates that the training is of higher quality or that it could be expected to produce better results for the workers. But if you are going to approve that in IL you must have hard copy documentation that supports this. Q.1. Yes, transportation cost are a part of the total cost of training. TEGL 05-01 provides additional guidance but TEGL 22-08 on page A-38 clearly indicates that transportation cost are to be included in the cost of a training program; as does TEGL 13-05. (IL is currently 25 miles) Q.2. No. Sections 617.22(h), 617.22(b)(1)(iii), and 617.25(b)(5)(ii) prohibit the use of funds personal to the worker and such provisions remain in effect until such time as amended through the notice and comment rulemaking process. Must enter a service record for any TAA approved transportation and/or subsistence assistance.

27. Trade Training TGAAA Section 1829 TEGL 22-08 Section D.5 Apprenticeship Higher Education WIA Training TAA can pay for Registered Apprenticeship Programs. IDES has staff that works with the Apprenticeship program. Apprenticeship is accessed through the One-Stop. At the One-Stop, an individual can use the website to look up the various occupations and programs.� If interested, the participant registers for a or various programs.� The website has approx. 1000 programs.� The employer must have the ability and facilities to train the worker in the occupation. Check with IDES partners for Apprenticeship Training. � The website allows an individual to look up occupations�and to look up�sponsors (or employers) in a local area.� Once a sponsor has an opening, the registered individual will be contacted to begin participation. � Individuals are employed in a progressive wage scale, AND are required to participate in classroom training and receive OJT (or direct work experience).�� Pay is gradually increased over the length of the apprenticeship until training is completed.� Training and length vary but a minimum of 144 hours per year in classroom instruction will occur and most programs require 2000 hours of work experience. TAA funds may pay expenses associated with the classroom training until the worker reaches suitable employment in the Apprenticed occupation (Progressive wage scale used in Apprenticeship) or until 156 weeks of training is reached and or when the customer reaches 80% of previous wage. Apprenticeship may result in no TRA due to the employment component, but RTAA may be an option, if eligible or if RTAA eligibility is met. This is discussed later. The TEGL section on apprenticeship (D.5.3.) also discusses that degrees and certificates of Higher Education are now encouraged. The intent is to encourage long-term training options. Also programs already begun in higher education can be completed using TAA funds if all eligibility criteria is met. And that training programs available to TAA participants are not limited to training programs available under WIA. TAA can pay for Registered Apprenticeship Programs. IDES has staff that works with the Apprenticeship program. Apprenticeship is accessed through the One-Stop. At the One-Stop, an individual can use the website to look up the various occupations and programs.� If interested, the participant registers for a or various programs.� The website has approx. 1000 programs.� The employer must have the ability and facilities to train the worker in the occupation. Check with IDES partners for Apprenticeship Training. � The website allows an individual to look up occupations�and to look up�sponsors (or employers) in a local area.� Once a sponsor has an opening, the registered individual will be contacted to begin participation. � Individuals are employed in a progressive wage scale, AND are required to participate in classroom training and receive OJT (or direct work experience).�� Pay is gradually increased over the length of the apprenticeship until training is completed.� Training and length vary but a minimum of 144 hours per year in classroom instruction will occur and most programs require 2000 hours of work experience. TAA funds may pay expenses associated with the classroom training until the worker reaches suitable employment in the Apprenticed occupation (Progressive wage scale used in Apprenticeship) or until 156 weeks of training is reached and or when the customer reaches 80% of previous wage. Apprenticeship may result in no TRA due to the employment component, but RTAA may be an option, if eligible or if RTAA eligibility is met. This is discussed later. The TEGL section on apprenticeship (D.5.3.) also discusses that degrees and certificates of Higher Education are now encouraged. The intent is to encourage long-term training options. Also programs already begun in higher education can be completed using TAA funds if all eligibility criteria is met. And that training programs available to TAA participants are not limited to training programs available under WIA.

28. Trade Training TGAAA Section 1831 TEGL 22-08 Section D.6 On-The-Job Training OJT should reasonably be expected to result in employment with the OJT Employer� OJT must be compatible with worker's skills, and improves proficiency in the job being trained for. CSA must establish and systematically monitor benchmarks of progress. Equal monthly payments are no longer required although monthly payment is required. Contracts may NOT exceed 104 weeks, and employers must comply with fair labor standards. OJT is a regular training option and no longer the preferred method of training. Employers that have a pattern of failing to provide workers with continued long-term employment and adequate wages, benefits and working conditions are excluded from OJT contracts. Other OJT provision remain in effect A-J of Section 236 (c)(5) and must meet the Fair Labor Standards.OJT should reasonably be expected to result in employment with the OJT Employer� OJT must be compatible with worker's skills, and improves proficiency in the job being trained for. CSA must establish and systematically monitor benchmarks of progress. Equal monthly payments are no longer required although monthly payment is required. Contracts may NOT exceed 104 weeks, and employers must comply with fair labor standards. OJT is a regular training option and no longer the preferred method of training. Employers that have a pattern of failing to provide workers with continued long-term employment and adequate wages, benefits and working conditions are excluded from OJT contracts. Other OJT provision remain in effect A-J of Section 236 (c)(5) and must meet the Fair Labor Standards.

29. Trade Training TGAAA Section 1832 TEGL 22-08 Section D.7 UI & TAA Benefits in Training States may NOT deny UI / TAA benefits for either of the following reasons: 1) left or quit temporary work during break in training or delay in training, or 2) workers who cease participation in OJT within the first 30 days if the OJT did not meet requirements previously detailed. The other conditions found at 20CFR617.18 remain in place. (a) would be disqualified under applicable state UI law; (b) trainees not disqualified from receiving UI or TRA because enrolled or attending approved training, refuses work if work would require discontinue training or would occupy the individual more than 8 hours/day or 40 hours/wk; or a person quits work not suitable to begin or continue approved training. States may NOT deny UI / TAA benefits for either of the following reasons: 1) left or quit temporary work during break in training or delay in training, or 2) workers who cease participation in OJT within the first 30 days if the OJT did not meet requirements previously detailed. The other conditions found at 20CFR617.18 remain in place. (a) would be disqualified under applicable state UI law; (b) trainees not disqualified from receiving UI or TRA because enrolled or attending approved training, refuses work if work would require discontinue training or would occupy the individual more than 8 hours/day or 40 hours/wk; or a person quits work not suitable to begin or continue approved training.

30. TRAINING & BENEFITS This slide illustrates the variety of situations that can occur and what eligibility exists for each of the possible scenarios� This slide illustrates the variety of situations that can occur and what eligibility exists for each of the possible scenarios�

31. Trade Readjustment Allowances TGAAA Section 1821 & 1828 TEGL 22-08 Section C.1 TRA Eligibility TRA Benefits may be received immediately upon Certification if UI is exhausted (The Sunday on or after the certification) �Eliminates the 60 day waiting period after petition is filed. This makes the first payable week for TRA the first week following certification if UI has been exhausted. Other eligibility provisions are unchanged and are described in the final paragraph of section C.1. There is an exception to the exhaustion of UI provision that we will cover under Weekly Amounts of TRA on a future slide Week of Unemployment and UI definitions are found at section 247 (12) and (14)�Next Slide includes these definitions� TRA Benefits may be received immediately upon Certification if UI is exhausted (The Sunday on or after the certification) �Eliminates the 60 day waiting period after petition is filed. This makes the first payable week for TRA the first week following certification if UI has been exhausted. Other eligibility provisions are unchanged and are described in the final paragraph of section C.1. There is an exception to the exhaustion of UI provision that we will cover under Weekly Amounts of TRA on a future slide Week of Unemployment and UI definitions are found at section 247 (12) and (14)�Next Slide includes these definitions�

32. Trade Readjustment Allowance Unemployment Insurance means the compensation payable under State or Federal UI law and includes additional and extended compensation (EB & EUC). Week of Unemployment means a week of total, part-total, or partial unemployment as determined under applicable State or federal UI law.

33. TRA ELIGIBILITY A worker has a separation on January 1st; exhausts 26 weeks of Regular UI on June 30th. A petition is filed May 30th and his past employment becomes certified on June 30th. For this scenario there is no EB or EUC payable. He applies for TRA on July 10th and is approved on July 20th. What is the First Payable Week of TRA? Discussed in section C.1 of the Operating Instructions. Calendars on tables Under the 2002 Act the first payable week would be 60 days after the petition was filed or July 30th. The period between exhaustion of UI and the 60 day waiting period causes 30 days without income support. Under the 2009 Act the first payable week would be any week beginning after the granting of the certification or June 30th. (July 5-11th) IF EB or EUC had been payable this person would have had continuous income support and would have started TRA at some later date when UI was exhausted.Discussed in section C.1 of the Operating Instructions. Calendars on tables Under the 2002 Act the first payable week would be 60 days after the petition was filed or July 30th. The period between exhaustion of UI and the 60 day waiting period causes 30 days without income support. Under the 2009 Act the first payable week would be any week beginning after the granting of the certification or June 30th. (July 5-11th) IF EB or EUC had been payable this person would have had continuous income support and would have started TRA at some later date when UI was exhausted.

34. Trade Readjustment Allowances TGAAA Section 1821 TEGL 22-08 Section C.2 Enrollment in Training Waiver from Training Deadlines 8/16 increased to 26/26�allowing longer job search and case management (including comprehensive assessment) before deciding on Training program, and allows CSA more time for counseling, assessment and case management. (Last day of 26th week) 45 Day Extenuating Circumstances extensions for issues �beyond the control of the worker�. Exception to the deadlines for a CSA failure to provide the worker with information regarding the enrollment deadlines� Document efforts to notify workers as discussed in �Case Management�. Enrollment or Waiver by Monday of the 1st week following 60 days of actual notification. Basic TRA may be received prior to the 26/26 without enrollment or waiver. So for the individual in our last example who could file a TRA claim effective 7/19/09, it is conceivable he could draw TRA without being enrolled in training, in training or waived from training up until the 26th week following the certification date or 1/16/10. The deadline has been extended to the last day of the 26th week following last qualifying sep date (7/3/08 in example) or last day of 26th week following certification date, whichever is later. He would have to meet EB work test requirements. After revocation or expiration of a waiver a worker must be enrolled in training by Monday of the first week occurring 30 days after waiver termination (Expiration or Revocation). Enrollment Definition is unchanged and detailed in the final paragraph of C.2. EXCEPTIONS DETAILED AGAIN� (Next Slide) 8/16 increased to 26/26�allowing longer job search and case management (including comprehensive assessment) before deciding on Training program, and allows CSA more time for counseling, assessment and case management. (Last day of 26th week) 45 Day Extenuating Circumstances extensions for issues �beyond the control of the worker�. Exception to the deadlines for a CSA failure to provide the worker with information regarding the enrollment deadlines� Document efforts to notify workers as discussed in �Case Management�. Enrollment or Waiver by Monday of the 1st week following 60 days of actual notification. Basic TRA may be received prior to the 26/26 without enrollment or waiver. So for the individual in our last example who could file a TRA claim effective 7/19/09, it is conceivable he could draw TRA without being enrolled in training, in training or waived from training up until the 26th week following the certification date or 1/16/10. The deadline has been extended to the last day of the 26th week following last qualifying sep date (7/3/08 in example) or last day of 26th week following certification date, whichever is later. He would have to meet EB work test requirements. After revocation or expiration of a waiver a worker must be enrolled in training by Monday of the first week occurring 30 days after waiver termination (Expiration or Revocation). Enrollment Definition is unchanged and detailed in the final paragraph of C.2. EXCEPTIONS DETAILED AGAIN� (Next Slide)

35. Use of any of these exceptions must be clearly documented on IWDS and in the customer�s file. The 60 Exception begins with the issuance of the BRO. Use of these exceptions must occur before the cert expires. Use of any of these exceptions must be clearly documented on IWDS and in the customer�s file. The 60 Exception begins with the issuance of the BRO. Use of these exceptions must occur before the cert expires.

36. ENROLLMENT IN TRAINING A worker receives a Waiver from Training and begins an extended job search. The Waiver is extended to the end of basic TRA as the job search continues. Basic TRA is exhausted May 30th and the worker and case manager have been looking into training options. By what date must the worker be enrolled in training to preserve eligibility for additional TRA? Discussed in section C.2 of the Operating Instructions Under the 2009 Act enrollment in training must be achieved by the Monday of the first week following a period of 30 days from waiver termination�or June 29th. The waiver expires when Basic TRA is exhausted so no affirmative action by the state initiates this 30 day window. Enrollment in Training continues to have 3 criteria, but most notable in this situation is that the training must begin within 30 days. Once Enrolled in Training is met � the LWIA must enter a status record showing the customer met the Enrollment in Training. This scenario is the strongest argument available for early intervention and limiting job search to some reasonable period before exploring training options.Discussed in section C.2 of the Operating Instructions Under the 2009 Act enrollment in training must be achieved by the Monday of the first week following a period of 30 days from waiver termination�or June 29th. The waiver expires when Basic TRA is exhausted so no affirmative action by the state initiates this 30 day window. Enrollment in Training continues to have 3 criteria, but most notable in this situation is that the training must begin within 30 days. Once Enrolled in Training is met � the LWIA must enter a status record showing the customer met the Enrollment in Training. This scenario is the strongest argument available for early intervention and limiting job search to some reasonable period before exploring training options.

37. Trade Readjustment Allowances TGAAA Section 1821 & 1822 TEGL 22-08 Section C.3 & C.4 Waiver of Training Weekly Amounts of TRA In order to receive Basic TRA after the 26/26 a person must either be Enrolled in training OR have a Waiver from training. (Last day of 26th week) Waivers are for 6 months but can be extended to the end of Basic TRA. Waivers may not be issued until an assessment determines that a waiver provision is satisfied, and an employment plan that will return the worker to suitable employment. IEP�s are discussed under Case Management section G. Training may not be waived for Additional TRA which requires participation in training (including remedial and/or prerequisites). Six criteria for Waivers remain although Marketable Skills may now include post-graduate degrees or certificates and UI Profilees. Waivers may NOT be issued until a re-employment plan of action (IEP) has been developed that does not include training. Periodic review of Waivers from training need not occur in the first three months. Appropriate case management is required to show progress in re-employment plan. No review is �required� of Retirement Waivers. �Participation� (including enrollment period during Basic TRA) in approved fulltime training and �working� will not have earnings deducted that are at or below the WBA; removing the disincentive to working while in training. This provision simply disregards wages at or below the WBA for calculating the weekly TRA payment. If earnings exceed WBA (after the disregard) the wages above the WBA are treated per State UI Law. No effect on UI Payments�only TRA. Earnings exceeding the WBA or Fulltime employment is treated in accordance with State UI Law. Earnings must be from work and do not include pension or severance. The WBA does not include Dependent Allowances. EXPLAIN BENEFITS HANDOUT (Next Slide)In order to receive Basic TRA after the 26/26 a person must either be Enrolled in training OR have a Waiver from training. (Last day of 26th week) Waivers are for 6 months but can be extended to the end of Basic TRA. Waivers may not be issued until an assessment determines that a waiver provision is satisfied, and an employment plan that will return the worker to suitable employment. IEP�s are discussed under Case Management section G. Training may not be waived for Additional TRA which requires participation in training (including remedial and/or prerequisites). Six criteria for Waivers remain although Marketable Skills may now include post-graduate degrees or certificates and UI Profilees. Waivers may NOT be issued until a re-employment plan of action (IEP) has been developed that does not include training. Periodic review of Waivers from training need not occur in the first three months. Appropriate case management is required to show progress in re-employment plan. No review is �required� of Retirement Waivers. �Participation� (including enrollment period during Basic TRA) in approved fulltime training and �working� will not have earnings deducted that are at or below the WBA; removing the disincentive to working while in training. This provision simply disregards wages at or below the WBA for calculating the weekly TRA payment. If earnings exceed WBA (after the disregard) the wages above the WBA are treated per State UI Law. No effect on UI Payments�only TRA. Earnings exceeding the WBA or Fulltime employment is treated in accordance with State UI Law. Earnings must be from work and do not include pension or severance. The WBA does not include Dependent Allowances. EXPLAIN BENEFITS HANDOUT (Next Slide)

38. 52 weeks (basic & UI) + 78 weeks (additional) + 26 weeks (remedial) = 156 weeks total income support available Remember: BASIC may be reduced if EUC/EB are payable upon exhaustion of UI and during first UI benefit year in effect at time of first qualifying separation or immediately following first qualifying separation.52 weeks (basic & UI) + 78 weeks (additional) + 26 weeks (remedial) = 156 weeks total income support available Remember: BASIC may be reduced if EUC/EB are payable upon exhaustion of UI and during first UI benefit year in effect at time of first qualifying separation or immediately following first qualifying separation.

39. Reduction to BASIC TRA Certification date: 6/19/09 Impact date 5/18/08 Clmts First Qualifying separation is 6/6/08 Clmts Last Qualifying separation is 5/1/09 UI Benefit year in effect at time of FQS: 7/1/07 through 6/28/08. Will there be a reduction to the BASIC TRA balance if this claimant exhausts UI after the TRA first allowable date of claim (6/21/09)? No, no reduction to BASIC TRA balance as EUC/EB was not payable during the UI benefit year in effect at time of FQS. No, no reduction to BASIC TRA balance as EUC/EB was not payable during the UI benefit year in effect at time of FQS.

40. WAIVER REVIEWS A Waiver is issued for Marketable Skills on May 1st and the participant begins looking for work with the aid of a case manager. They meet frequently to build a better job search technique and explore all the options. On what date must the conditions for the waiver be reviewed between the case manager and the worker? Discussed in section C.3 of the Operating Instructions The date 3 months (90 days) following waiver issuance is August 1st. A waiver review would need to be documented on or before August 1st. NO IN ILLINOIS WE WILL REVIEW EVERY MONTH. BECAUSE THE OPERATING INSTRUCTIONS SAY THAT YOU MUST PROVIDE CASE MANAGEMENT DURING THAT THREE MONTH TIME PERIOD � THUS YOU STILL NEED TO SEE THE CUSTOMER EVERY MONTH. After August 1st a review would be required every 30 days. On-going case management must take place under the 2009 provisions, and reviewing the waiver could be a component of that process, but is not required during the first 3 months. Waiver review would continue until the waiver is terminated�either by revocation or termination (exhaustion of basic TRA). Waivers must be extended before they naturally expire at the 6 month point. After 1s 6 month period � the waiver can be extended the entire BPE. Discussed in section C.3 of the Operating Instructions The date 3 months (90 days) following waiver issuance is August 1st. A waiver review would need to be documented on or before August 1st. NO IN ILLINOIS WE WILL REVIEW EVERY MONTH. BECAUSE THE OPERATING INSTRUCTIONS SAY THAT YOU MUST PROVIDE CASE MANAGEMENT DURING THAT THREE MONTH TIME PERIOD � THUS YOU STILL NEED TO SEE THE CUSTOMER EVERY MONTH. After August 1st a review would be required every 30 days. On-going case management must take place under the 2009 provisions, and reviewing the waiver could be a component of that process, but is not required during the first 3 months. Waiver review would continue until the waiver is terminated�either by revocation or termination (exhaustion of basic TRA). Waivers must be extended before they naturally expire at the 6 month point. After 1s 6 month period � the waiver can be extended the entire BPE.

41. Change: TRA WBA reduction for wages earned while in full-time training Statutory Change: Section 1822 of the 2009 Amendments amends Section 232(a)(1) � (2) of the 2002 Act to read in part: such income shall not include earnings from work for such week that are equal to or less than the most recent weekly benefit amount of theunemployment insurance payable to the worker for a week of total unemployment preceding the worker�s first exhaustion of unemployment insurance (as determined for purposes of section 231(a)(3)(B)).

42. Example of Reductions to UI WBA Claimant attending full-time TAA approved training, works and earns wages UI WBA = $385 � WBA = $192.50 If claimant earns up to $384 in part-time work, claimant will receive UI benefits. If claimant earns $385 or works full-time, claimant will receive $0 UI benefits

43. TRA DEDUCTIBLE EARNINGS A participant is enrolled and participating in Full-Time training and working part-time. His TRA WBA is $350 and his weekly earning are $300. What effect will his earnings have on his TRA weekly payment? Discussed in section C.4 of the Operating Instructions Normally a persons wages would reduce the weekly TRA payment, however, under the 2009 Act earnings at or below the WBA are not deducted�so the effect in this case is nothing�he will receive his earnings and his full TRA WBA. It should be noted that Full-Time training and employment after most recent separation are required components of disregarding these earnings. (Note that lag period wages alone do not establish UI eligibility) This provision was intended to remove the disincentive to work during training. Additionally, it is the Department�s position that enrolled in training�for purposes of deductible earnings�is equivalent to participating in training during the Basic TRA period.Discussed in section C.4 of the Operating Instructions Normally a persons wages would reduce the weekly TRA payment, however, under the 2009 Act earnings at or below the WBA are not deducted�so the effect in this case is nothing�he will receive his earnings and his full TRA WBA. It should be noted that Full-Time training and employment after most recent separation are required components of disregarding these earnings. (Note that lag period wages alone do not establish UI eligibility) This provision was intended to remove the disincentive to work during training. Additionally, it is the Department�s position that enrolled in training�for purposes of deductible earnings�is equivalent to participating in training during the Basic TRA period.

44. Example of TRA Benefit Reduction TRA WBA = $350 Claimant in full time training, works and earns $300 TRA WBA $350 Wages $300 (less than TRA WBA, wages count as $0) TRA WBA to be paid = $350 WBA plus wages = $650 for the week

45. Change to TRA Deductible EARNINGS A participant is enrolled and participating in Full-Time training and working part-time. His TRA WBA is $350 and his weekly earning are $400. What effect will his earnings have on his TRA weekly payment? Discussed in section C.4 of the Operating Instructions Normally a persons wages would reduce the weekly payment, however, under the 2009 Act earnings at or below the WBA are not deducted. However, in this case the earnings exceeded the WBA so the earnings at or below the WBA are disregarded and all earnings in excess of the WBA will be treated in accordance with State UI law. So the effect in this case is�he will receive his earnings and his full WBA, although State law may limit the WBA based on the $50 in earnings that will be handled per State law.. It should be noted that Full-Time training and employment following the most recent separation are required components of disregarding these earnings. In Illinois, the question we ask (for each week) when an individual is certifying to TRA benefits is �Did you work?� If the answer is �yes� we then ask the amount of wages earned for the week in which work was performed�if wages are equal to or in excess of the WBA, claimants are not paid because they are not considered to be unemployed(UI). We are waiting on clarification on this outstanding issue with DOL, but we believe the interpretation is that an individual who is in TAA approved full-time training and is receiving TRA will not have any wage deductions if they work ( part-time or full-time) until the wages earned over the WBA exceeds � the WBA. (Example: Clmts WBA = $350. Works and earns wages in amount of $550. The first $350 does not count. The wages earned exceeds WBA by $200. One half the WBA = $175. IL will deduct $25 from the $350 WBA for this week and pay $325. Illinois law: Sec. 402. Reduced weekly benefits Each eligible individual who is unemployed in any week, as defined in Section 239, shall be paid, with respect to such week, a benefit in an amount equal to his weekly benefit amount (plus dependents' allowances) less that part of wages (if any) payable to him with respect to such week which is in excess of 50% of his weekly benefit amount, provided that such benefit for any benefit week shall be reduced by: (1) the amount of any holiday pay which the individual is entitled to receive, and receives, for any workday in such week, and (2) the amount of any vacation wages allocated to such week by the individual's employer pursuant to Section 610 of this Act, and (3) one-fifth of the weekly benefit amount for each normal workday during which such individual is unable to work or unavailable for work, and provided, further, that this subsection shall not be construed so as to effect any change in the status of part-time workers as defined in Section 407. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1. (Source: P.A . 82 -22 Discussed in section C.4 of the Operating Instructions Normally a persons wages would reduce the weekly payment, however, under the 2009 Act earnings at or below the WBA are not deducted. However, in this case the earnings exceeded the WBA so the earnings at or below the WBA are disregarded and all earnings in excess of the WBA will be treated in accordance with State UI law. So the effect in this case is�he will receive his earnings and his full WBA, although State law may limit the WBA based on the $50 in earnings that will be handled per State law.. It should be noted that Full-Time training and employment following the most recent separation are required components of disregarding these earnings. In Illinois, the question we ask (for each week) when an individual is certifying to TRA benefits is �Did you work?� If the answer is �yes� we then ask the amount of wages earned for the week in which work was performed�if wages are equal to or in excess of the WBA, claimants are not paid because they are not considered to be unemployed(UI). We are waiting on clarification on this outstanding issue with DOL, but we believe the interpretation is that an individual who is in TAA approved full-time training and is receiving TRA will not have any wage deductions if they work ( part-time or full-time) until the wages earned over the WBA exceeds � the WBA. (Example: Clmts WBA = $350. Works and earns wages in amount of $550. The first $350 does not count. The wages earned exceeds WBA by $200. One half the WBA = $175. IL will deduct $25 from the $350 WBA for this week and pay $325. Illinois law: Sec. 402. Reduced weekly benefits Each eligible individual who is unemployed in any week, as defined in Section 239, shall be paid, with respect to such week, a benefit in an amount equal to his weekly benefit amount (plus dependents' allowances) less that part of wages (if any) payable to him with respect to such week which is in excess of 50% of his weekly benefit amount, provided that such benefit for any benefit week shall be reduced by: (1) the amount of any holiday pay which the individual is entitled to receive, and receives, for any workday in such week, and (2) the amount of any vacation wages allocated to such week by the individual's employer pursuant to Section 610 of this Act, and (3) one-fifth of the weekly benefit amount for each normal workday during which such individual is unable to work or unavailable for work, and provided, further, that this subsection shall not be construed so as to effect any change in the status of part-time workers as defined in Section 407. Such benefit, if not a multiple of $1, shall be computed to the next higher multiple of $1. (Source: P.A . 82 -22

46. Change to TRA Deductible EARNINGS TRA WBA = $350 Claimant in full time training, works and earns $400 TRA WBA $350 Wages $400 (Amt of wages over WBA = less than � WBA TRA WBA to be paid = $350 WBA plus wages = $750 for the week

47. Example of TRA Benefit Reduction TRA WBA = $350 Claimant in full time training, works and earns $550 TRA WBA = $350 � TRA WBA = $175 Wages of $550 less TRA WBA = $200 $200 exceeds � WBA by $25 TRA WBA to be paid = $325

48. Example of TRA Benefit Reduction TRA WBA = $350 Claimant in full time training, works and earns $700 WBA $350 Wages $700 (first $350 counts as $0, but remainder of wages equal to TRA WBA TRA WBA to be paid $0 If the customer in Illinois earns twice the weekly benefit amount they will not be eligible for TRA that week.If the customer in Illinois earns twice the weekly benefit amount they will not be eligible for TRA that week.

49. Treatment of Earnings in Illinois by Program Customer in approved full-time training, receiving IL unemployment insurance � if works, customer may earn less than WBA and still receive unemployment insurance Customer waived from training, receiving IL unemployment insurance � if works, customer may earn less than WBA and still receive unemployment insurance Customer waived from training, receiving TRA�if works, customer may earn less than WBA and still receive TRA. Customer in approved full-time training, receiving TRA � if works, no wages equal to WBA will be counted, customer will have deductions from WBA if difference between gross wages and WBA exceeds more than one-half the WBA up to TRA WBA.

50. HCTC HCTC tax credit percentage increased from 65% to 80%, beginning with April 2009 invoices to monthly HCTC participants. � The definition of an eligible TAA recipient has changed to include individuals who are: receiving unemployment compensation, whether or not they meet the TAA enrollment in training requirements, and, certain individuals who have a break from training. New COBRA Premium Subsidies make individuals ineligible for the HCTC If an individual elects the 65% COBRA Premium Subsidy from their employer � a new program established by the economic stimulus bill - it will disqualify the individual from receiving the 80% HCTC during that same month. COBRA benefits have been extended - The maximum period for COBRA benefits now matches the maximum period for TAA eligibility. HCTC Continuation for Family Members - Beginning in January 2010, qualified family members may continue receiving the HCTC for up to 24 months after the primary eligible individual is no longer receiving the HCTC due to certain life events, including divorce, death or enrollment in Medicare. Retroactive HCTC payments will soon be available to monthly participants - Beginning in August 2009, newly-enrolled HCTC participants will be able to receive a credit on their HCTC account for qualified health insurance payments they paid while enrolling in the monthly HCTC Program. HCTC is increasing to 80% The tax credit percentage will increase from 65% to 80%, beginning with April 2009 invoices to monthly HCTC participants. � TAA recipient definition has changed The definition of an eligible TAA recipient has changed to include individuals who are: receiving unemployment compensation, whether or not they meet the TAA enrollment in training requirements, and, certain individuals who have a break from training. New COBRA Premium Subsidies make individuals ineligible for the HCTC If an individual elects the 65% COBRA Premium Subsidy from their employer � a new program established by the economic stimulus bill - it will disqualify the individual from receiving the 80% HCTC during that same month. COBRA benefits have been extended The maximum period for COBRA benefits now matches the maximum period for TAA eligibility. HCTC Continuation for Family Members Beginning in January 2010, qualified family members may continue receiving the HCTC for up to 24 months after the primary eligible individual is no longer receiving the HCTC due to certain life events, including divorce, death or enrollment in Medicare. Retroactive HCTC payments will soon be available to monthly participants Beginning in August 2009, newly-enrolled HCTC participants will be able to receive a credit on their HCTC account for qualified health insurance payments they paid while enrolling in the monthly HCTC Program. HCTC is increasing to 80% The tax credit percentage will increase from 65% to 80%, beginning with April 2009 invoices to monthly HCTC participants. � TAA recipient definition has changed The definition of an eligible TAA recipient has changed to include individuals who are: receiving unemployment compensation, whether or not they meet the TAA enrollment in training requirements, and, certain individuals who have a break from training. New COBRA Premium Subsidies make individuals ineligible for the HCTC If an individual elects the 65% COBRA Premium Subsidy from their employer � a new program established by the economic stimulus bill - it will disqualify the individual from receiving the 80% HCTC during that same month. COBRA benefits have been extended The maximum period for COBRA benefits now matches the maximum period for TAA eligibility. HCTC Continuation for Family Members Beginning in January 2010, qualified family members may continue receiving the HCTC for up to 24 months after the primary eligible individual is no longer receiving the HCTC due to certain life events, including divorce, death or enrollment in Medicare. Retroactive HCTC payments will soon be available to monthly participants Beginning in August 2009, newly-enrolled HCTC participants will be able to receive a credit on their HCTC account for qualified health insurance payments they paid while enrolling in the monthly HCTC Program.

51. HCTC Overview Time: 4 minutes Notes: There are two primary groups of people who are eligible for HCTC; trade affected individuals (either TAA, ATAA or RTAA) and people whose pensions have been taken over by the PBGC. There are additional basic IRS requirements that an individual must adhere to, such as not concurrently being enrolled in Medicare (no double dipping) and not being listed as another person�s dependant. To be eligible you must be the primary or secondary tax payer. Dependants of the eligible individual may also qualify for HCTC if they are on the same health plan or a separate qualified health plan. All HCTC recipients must also have a qualified health plan. Most enrollees have COBRA. Other types include health plans that have been approved by a State Department of Insurance, coverage under a spouses health plan where the spouse pays at least 50% or more for their coverage, or a non-group / individual plan where the individual pays more than 50% of the premium. Time: 4 minutes Notes: There are two primary groups of people who are eligible for HCTC; trade affected individuals (either TAA, ATAA or RTAA) and people whose pensions have been taken over by the PBGC. There are additional basic IRS requirements that an individual must adhere to, such as not concurrently being enrolled in Medicare (no double dipping) and not being listed as another person�s dependant. To be eligible you must be the primary or secondary tax payer. Dependants of the eligible individual may also qualify for HCTC if they are on the same health plan or a separate qualified health plan. All HCTC recipients must also have a qualified health plan. Most enrollees have COBRA. Other types include health plans that have been approved by a State Department of Insurance, coverage under a spouses health plan where the spouse pays at least 50% or more for their coverage, or a non-group / individual plan where the individual pays more than 50% of the premium.

52. How the HCTC Works Time: 1 minute Notes: The monthly program is cyclical and our partners play a very important part in this process. We receive eligibility records from each state as well as the PBGC. Input and intervention is regularly required throughout the monthly process � especially as individuals become eligible or are no longer eligible. We only know that an individual is eligible through these records, so we rely on this information from our partners so people do not fall off our list � if they do, they will not receive the credit. Time: 1 minute Notes: The monthly program is cyclical and our partners play a very important part in this process. We receive eligibility records from each state as well as the PBGC. Input and intervention is regularly required throughout the monthly process � especially as individuals become eligible or are no longer eligible. We only know that an individual is eligible through these records, so we rely on this information from our partners so people do not fall off our list � if they do, they will not receive the credit.

53. How the HCTC Works Time: 1 minute Notes: The annual process is done through the annual tax filing process. Individuals must complete their standard income tax return along with IRS form 8885. They must also provide all required documentation such as proof of payment and insurance credentials indicating the individual�s enrollment status on a qualified health plan. The IRS will then review and either accept or deny the 8885 and apply the credit accordingly. Time: 1 minute Notes: The annual process is done through the annual tax filing process. Individuals must complete their standard income tax return along with IRS form 8885. They must also provide all required documentation such as proof of payment and insurance credentials indicating the individual�s enrollment status on a qualified health plan. The IRS will then review and either accept or deny the 8885 and apply the credit accordingly.

54. How is a TAA eligible reported so that IRS can determine HCTC eligibility Worker is separated from adversely affected employment, files a UI claim/TRA claim and receives a payment for any day during the month; OR, Worker applies for and receives an ATAA/RTAA payment for any day of a month IDES will continue to report the worker as a potentially eligible candidate for HCTC if receives UI, TRA or RTAA benefit for any day in a month IDES will report workers who are on a break in training in excess of thirty days. Emphasize the necessity for the TRA claim to be entered as soon after certification or layoff Emphasize the necessity for the TRA claim to be entered as soon after certification or layoff

55. Trade Readjustment Allowances TGAAA Section 1822 TEGL 22-08 Section C.4 Election of TRA or UI This is the exception to requiring exhaustion of UI in a subsequent benefit year before paying TRA. Two conditions must be met: New UI entitlement from wages earned after the most recent total separation from adversely affected employment (this could include lag wages with recall periods at the certified employment), Entitled to TRA. It should be noted that the most recent total separation need not be a �qualifying� separation. That is: it could occur after the certification period has expired. It is also important to note that the employment must be part-time or short term (sufficient wages to establish new UI entitlement that is less than the TRA WBA. A lower WBA than the TRA WBA would generally satisfy this requirement. State law governs what happens to the second UI claim however, for states where a new benefit year is established, no subsequent claim may be made in a future quarter during that benefit year, and the available balance should be handled consistent with State law. For states with a withdrawal of the claim a subsequent election could be possible at the next quarter change. The CSA must notify the participant of this election option in writing so they can make an informed choice, and document in case management the choice made. Failure to respond to an election notice could result in a disqualification for Failure to Report as instructed. Note that the earnings disregard previously discussed could impact this election process. Can be for adversely affected employer if recalled. Once decision is made it is a permanent decision. EXPLAIN ELECTION HANDOUT (Next 3 Slides) This is the exception to requiring exhaustion of UI in a subsequent benefit year before paying TRA. Two conditions must be met: New UI entitlement from wages earned after the most recent total separation from adversely affected employment (this could include lag wages with recall periods at the certified employment), Entitled to TRA. It should be noted that the most recent total separation need not be a �qualifying� separation. That is: it could occur after the certification period has expired. It is also important to note that the employment must be part-time or short term (sufficient wages to establish new UI entitlement that is less than the TRA WBA. A lower WBA than the TRA WBA would generally satisfy this requirement. State law governs what happens to the second UI claim however, for states where a new benefit year is established, no subsequent claim may be made in a future quarter during that benefit year, and the available balance should be handled consistent with State law. For states with a withdrawal of the claim a subsequent election could be possible at the next quarter change. The CSA must notify the participant of this election option in writing so they can make an informed choice, and document in case management the choice made. Failure to respond to an election notice could result in a disqualification for Failure to Report as instructed. Note that the earnings disregard previously discussed could impact this election process. Can be for adversely affected employer if recalled. Once decision is made it is a permanent decision. EXPLAIN ELECTION HANDOUT (Next 3 Slides)

56. Even if the new benefit year is established exclusively from lag period and recalled wages�the election opportunity is created if the �double dip� requirement is met for UI. Lag period wages alone will not establish a new benefit year under any existing State UI law�See the Comparison of State Unemployment Insurance Laws 2009 on page 3-7. Even if the new benefit year is established exclusively from lag period and recalled wages�the election opportunity is created if the �double dip� requirement is met for UI. Lag period wages alone will not establish a new benefit year under any existing State UI law�See the Comparison of State Unemployment Insurance Laws 2009 on page 3-7.

57. Behind Tab #4 in manual This scenario demonstrates that a new benefit year eligibility may be based on lag period wages even if the only intervening employment was a recall to adversely affected employment. If a person fails to respond to the States offer of making the election decision�this should be documented in the case management process and the person would need to exhaust UI eligibility before receiving TRA. Additionally, based on State UI law the person may be deemed ineligible for any week they fail to report, so the failure to elect may result in lost eligibility.Behind Tab #4 in manual This scenario demonstrates that a new benefit year eligibility may be based on lag period wages even if the only intervening employment was a recall to adversely affected employment. If a person fails to respond to the States offer of making the election decision�this should be documented in the case management process and the person would need to exhaust UI eligibility before receiving TRA. Additionally, based on State UI law the person may be deemed ineligible for any week they fail to report, so the failure to elect may result in lost eligibility.

58. This scenario shows new employment�part-time or short term that helped establish a new benefit year eligibility, and therefore an opportunity elect TRA or UI. A newly established WBA that is lower than the TRA WBA would likely indicate that the employment was either short-term or part-time. A WBA in the new benefit year that is larger then the TRA WBA may not create an election opportunity as this may result from fulltime employment that is not short term or temporary. The CSA would need to determine if the statutory criteria was met in these circumstances. If no election is possible or made when offered, the requirement to exhaust UI benefits would remain the governing principle.This scenario shows new employment�part-time or short term that helped establish a new benefit year eligibility, and therefore an opportunity elect TRA or UI. A newly established WBA that is lower than the TRA WBA would likely indicate that the employment was either short-term or part-time. A WBA in the new benefit year that is larger then the TRA WBA may not create an election opportunity as this may result from fulltime employment that is not short term or temporary. The CSA would need to determine if the statutory criteria was met in these circumstances. If no election is possible or made when offered, the requirement to exhaust UI benefits would remain the governing principle.

59. ELECTION OF TRA / UI A participant works part-time while attending full-time training and receiving additional TRA at $300 weekly. A new benefit year is established with a UI WBA of $200. Would this participant have an opportunity to elect to receive TRA instead of UI? Discussed in section C.4.1 of the Operating Instructions In this case the new WBA is lower and the earnings occurred after the most recent total separation. The State must offer the participant the election opportunity. The new UI claim must be filed creating a new benefit period, but what happens to the new benefit year claim is determined by State law. If the customer fails to make a choice and UI continues to pay the choice has been made. Once they receive a payment of either the choice is made. Discussed in section C.4.1 of the Operating Instructions In this case the new WBA is lower and the earnings occurred after the most recent total separation. The State must offer the participant the election opportunity. The new UI claim must be filed creating a new benefit period, but what happens to the new benefit year claim is determined by State law. If the customer fails to make a choice and UI continues to pay the choice has been made. Once they receive a payment of either the choice is made.

60. A participant has lag wages from certified employment. She is attending full-time training and receiving additional TRA at $300 weekly. A new benefit year is established with a UI WBA of $200. Would this participant have an opportunity to elect to receive TRA instead of UI? ELECTION OF TRA / UI Discussed in section C.4.1 of the Operating Instructions In this case the new WBA is lower however there was no employment following separation from adversely affected employment. Since no earnings beyond the lag period exist there is no choice created. It should be remembered that the intent of this provision is to encourage part-time and/or short-term employment while participating in approved training. The new UI claim must be filed creating a new benefit period, but what happens to the new benefit year claim if a choice is created is determined by State law.Discussed in section C.4.1 of the Operating Instructions In this case the new WBA is lower however there was no employment following separation from adversely affected employment. Since no earnings beyond the lag period exist there is no choice created. It should be remembered that the intent of this provision is to encourage part-time and/or short-term employment while participating in approved training. The new UI claim must be filed creating a new benefit period, but what happens to the new benefit year claim if a choice is created is determined by State law.

61. A participant works part-time while attending full-time training and receiving additional TRA at $300 weekly. A new benefit year is established with a UI WBA of $310. Would this participant have an opportunity to elect to receive TRA instead of UI? ELECTION OF TRA / UI Discussed in section C.4.1 of the Operating Instructions In this case the new WBA is higher �suggesting� that the worker might be working more than part-time or short-term. The CSA must determine if employment meets the requirements prior to offering an opportunity to elect between TRA and UI. Discussed in section C.4.1 of the Operating Instructions In this case the new WBA is higher �suggesting� that the worker might be working more than part-time or short-term. The CSA must determine if employment meets the requirements prior to offering an opportunity to elect between TRA and UI.

62. Claimant is in approved training and working part time.� The gross earnings are the same as the TRA WBA, therefore is receiving the full WBA of TRA.� The state triggers onto Tier II of EUC or Extended Benefits and the claimant is taken off TRA and switched to EUC.� The claimant�s earnings are the same as the EUC WBA, therefore receives nothing on the EUC.� As long as the claimant continues to earn the same amount as the EUC WBA, they will not exhaust EUC and will not receive a payment.� Would this participant have an opportunity to elect to receive TRA instead of EUC? ELECTION OF TRA / UI Discussed in section C.4.1 of the Operating Instructions If the EUC is based on the original UI claim, no choice option is available. � If the subsequent and continuing employment provides an election between UI and TRA in a subsequent UI period after the end of the original benefit year or period, and that second claim creates EUC eligibility, then the answer would be yes�an election opportunity is created. No new Benefit Year = No Choice to electDiscussed in section C.4.1 of the Operating Instructions If the EUC is based on the original UI claim, no choice option is available. � If the subsequent and continuing employment provides an election between UI and TRA in a subsequent UI period after the end of the original benefit year or period, and that second claim creates EUC eligibility, then the answer would be yes�an election opportunity is created. No new Benefit Year = No Choice to elect

63. Trade Readjustment Allowances TGAAA Section 1823 & 1821 TEGL 22-08 Section C.5 Remedial / Prerequisite TRA Additional TRA Elimination of 210 Days The eligibility period for Basic TRA for workers requiring a program of either prerequisite education or remedial education is 130 weeks. Prerequisites are courses required by the training institution for admission into an approved training program. Remedial TRA is payable week for week beyond 130 weeks. Additional TRA is now available for up to 78 weeks in order to participate in longer term training with 91 weeks to collect. The eligibility period for Additional TRA is expanded to allow 91 weeks to collect 78 weeks of benefits. This allows workers to not claim benefits for up to 13 weeks without losing weeks of entitlement. HCTC continues during any or all of the 13 week break in training (A70). Workers continue to be eligible for TRA during a break in training less than 30 days. (See UIPL 21-09) The 210 day requirement to submit a bona fide application for training no longer exists however, the deadlines for enrollment in approved training continue to exist, and now govern eligibility for ALL TRA.The eligibility period for Basic TRA for workers requiring a program of either prerequisite education or remedial education is 130 weeks. Prerequisites are courses required by the training institution for admission into an approved training program. Remedial TRA is payable week for week beyond 130 weeks. Additional TRA is now available for up to 78 weeks in order to participate in longer term training with 91 weeks to collect. The eligibility period for Additional TRA is expanded to allow 91 weeks to collect 78 weeks of benefits. This allows workers to not claim benefits for up to 13 weeks without losing weeks of entitlement. HCTC continues during any or all of the 13 week break in training (A70). Workers continue to be eligible for TRA during a break in training less than 30 days. (See UIPL 21-09) The 210 day requirement to submit a bona fide application for training no longer exists however, the deadlines for enrollment in approved training continue to exist, and now govern eligibility for ALL TRA.

64. REMEDIAL TRA A participant attends 20 weeks of prerequisite training before entering occupational training that lasts an additional 100 weeks. The first week of training was aligned with the first week of basic TRA. What entitlement does this person have for remedial TRA? Discussed in section C.5.1 of the Operating Instructions and TEGL 11-02 Remedial TRA is only paid if the total entitlement to basic and additional TRA has been exhausted. The customer will receive 26 weeks of Basic TRA and up to 78 weeks of Additional TRA for a total of 104 weeks. 16 weeks of prerequisite/remedial will be paid. Discussed in section C.5.1 of the Operating Instructions and TEGL 11-02 Remedial TRA is only paid if the total entitlement to basic and additional TRA has been exhausted.

65. ADDITIONAL TRA A participant drawing Additional TRA takes the summer off from training and goes to work to replace the TRA income that he will not receive while not in training. How does this effect his Additional TRA and eligibility for HCTC? Discussed in section C.5.2 of the Operating Instructions and UIPL 21-09 (HCTC) As long as the summer break does not exceed 13 weeks there will be no loss of Additional TRA since we allow 91 weeks to receive 78 weeks worth of benefits. No additional TRA is payable after a 30 daybreak in training. The LWIA case manager must enter all vacation breaks longer than 30 days in IWDS. The HCTC UIPL 21-09 permits ongoing eligibility during this break in training however, this may create ICON submission problems since that is usually triggered by a payment. DES is working on programming to report breaks exceeding 30 days. In IWDS, a Vacation break indicates a break exceeding 30 days�DES will have to create a �code� to indicate clmt will not be paid but still reported for HCTC purposesDiscussed in section C.5.2 of the Operating Instructions and UIPL 21-09 (HCTC) As long as the summer break does not exceed 13 weeks there will be no loss of Additional TRA since we allow 91 weeks to receive 78 weeks worth of benefits. No additional TRA is payable after a 30 daybreak in training. The LWIA case manager must enter all vacation breaks longer than 30 days in IWDS. The HCTC UIPL 21-09 permits ongoing eligibility during this break in training however, this may create ICON submission problems since that is usually triggered by a payment. DES is working on programming to report breaks exceeding 30 days. In IWDS, a Vacation break indicates a break exceeding 30 days�DES will have to create a �code� to indicate clmt will not be paid but still reported for HCTC purposes

66. Trade Readjustment Allowances TGAAA Section 1824 TEGL 22-08 Section C.6 Judicial or Administrative Review Justifiable Cause to Extend Eligibility Period Military Service Basic TRA eligibility (104/130 weeks) begins the first week following most recent total separation from adversely affected employment during the period of certification. Certification resulting from Court of International Trade (CIT) appeal�the period begins the week following group certification. Certification would be treated as qualifying separation. This would eliminate choice of retroactive payments that may have been established by last qualifying separation date? The 104/130 weeks eligibility period for Basic TRA and the 91 week eligibility period for Additional TRA may be extended for �Justifiable Cause��beyond the worker�s control. Military Service members are made whole as if the military service had not occurred. The 130/156 week eligibility period will begin on the date of release from active duty. Armed Forces for 30 days or more Fulltime National Guard for 30 days or more authorized by PresidentBasic TRA eligibility (104/130 weeks) begins the first week following most recent total separation from adversely affected employment during the period of certification. Certification resulting from Court of International Trade (CIT) appeal�the period begins the week following group certification. Certification would be treated as qualifying separation. This would eliminate choice of retroactive payments that may have been established by last qualifying separation date? The 104/130 weeks eligibility period for Basic TRA and the 91 week eligibility period for Additional TRA may be extended for �Justifiable Cause��beyond the worker�s control. Military Service members are made whole as if the military service had not occurred. The 130/156 week eligibility period will begin on the date of release from active duty. Armed Forces for 30 days or more Fulltime National Guard for 30 days or more authorized by President

67. Trade Readjustment Allowances TGAAA Section 1825 & 1855 TEGL 22-08 Section C.7 & C.8 Good Cause Provisions Waiver of O/P Recovery States will apply State UI �Good Cause� provisions (laws, policies, practices) to all time limitations or late filing of claims governing TRA and Enrollment in Training. This was not statutorily connected to the RTAA timelines. Retains �payment was made without fault� on the part of the worker�Fraud creates a permanent ban from further Trade Act Payments (617.55) Replaces �contrary to Equity and Good Conscience� with worker�s financial circumstance meets specific criteria, and makes waiver mandatory where these conditions are satisfied. Should match how you treat regular UI. Conditions are: Financial Hardship (P. A-30) for Individual or Household Considering Income and Resources available Considering Ordinary Living Expenses By making waiver mandatory under certain criteria the 2009 Act supersedes 20CFR617 for the treatment of overpayments established based on petitions greater than 70,000.States will apply State UI �Good Cause� provisions (laws, policies, practices) to all time limitations or late filing of claims governing TRA and Enrollment in Training. This was not statutorily connected to the RTAA timelines. Retains �payment was made without fault� on the part of the worker�Fraud creates a permanent ban from further Trade Act Payments (617.55) Replaces �contrary to Equity and Good Conscience� with worker�s financial circumstance meets specific criteria, and makes waiver mandatory where these conditions are satisfied. Should match how you treat regular UI. Conditions are: Financial Hardship (P. A-30) for Individual or Household Considering Income and Resources available Considering Ordinary Living Expenses By making waiver mandatory under certain criteria the 2009 Act supersedes 20CFR617 for the treatment of overpayments established based on petitions greater than 70,000.

68. AGENT / LIABLE STATE Based in State UI Law and defined in 617.3 (aa) Can Change if new UI eligibility established 617.16 (b) Uniform Application is discussed in 617.52 (b) Liable State makes ALL Eligibility Determinations, Redeterminations, and Appeals 617.26 (a) Agent State takes Applications, Provides Reemployment Services, Provides Information for Liable State Determinations, Procures and Pays for Approved Training�including Subsistence and Transportation� 617.26 (b) Although there are no changes in the 2009 provisions effecting Agent or Liable state processes�this seems problematic to many states so we are including here for clarity� Liable state responsibility includes: (Refer to the Agent Liable Fact Sheet)(Behind Tab #2) Pay benefits (UI/TRA/RTAA) Approve the issuance of a waiver Approve training plans using the Liable state�s commuting distance and training cap Processing Appeals Commuting area is defined by liable but paid by agent Monitoring Waiver status�etc. Residency is not relevant�it�s where they seek services, and where the UI claim resides. Although there are no changes in the 2009 provisions effecting Agent or Liable state processes�this seems problematic to many states so we are including here for clarity� Liable state responsibility includes: (Refer to the Agent Liable Fact Sheet)(Behind Tab #2) Pay benefits (UI/TRA/RTAA) Approve the issuance of a waiver Approve training plans using the Liable state�s commuting distance and training cap Processing Appeals Commuting area is defined by liable but paid by agent Monitoring Waiver status�etc. Residency is not relevant�it�s where they seek services, and where the UI claim resides.

69. Trade Readjustment Allowances Other TRA Provisions are not Changed 20 CFR 617 subpart B TEGL 11-02 w/changes Until superseded by Regulations Qualifying Requirements: 26 weeks at $30 or more in Adverse Employment; Enrolled, Completed, or Waived from training by enrollment deadline�etc�29CFR617.11 EB Work Test: Able, Available, and Searching for work�29CFR617.17 and UIPL 12-09 which discusses documentation requirements for EB Disqualifications: State law inapplicable in some cases, Failure to begin or Ceased participation�etc�20CFR617.18 Agent Liable States Responsibilities: Defined and Detailed at 20CFR617.26 Appeals and Hearings: Process and Promptness found at 2oCFR617.51 Uniform Interpretation: Copy of Appeals to Regions etc�found at 20CFR617.52 Copies give us insight into operations so we can report concerns to Congress.Qualifying Requirements: 26 weeks at $30 or more in Adverse Employment; Enrolled, Completed, or Waived from training by enrollment deadline�etc�29CFR617.11 EB Work Test: Able, Available, and Searching for work�29CFR617.17 and UIPL 12-09 which discusses documentation requirements for EB Disqualifications: State law inapplicable in some cases, Failure to begin or Ceased participation�etc�20CFR617.18 Agent Liable States Responsibilities: Defined and Detailed at 20CFR617.26 Appeals and Hearings: Process and Promptness found at 2oCFR617.51 Uniform Interpretation: Copy of Appeals to Regions etc�found at 20CFR617.52 Copies give us insight into operations so we can report concerns to Congress.

70. Reemployment TAA TGAAA Section 1841 - TEGL 22-08 Section H.2 & H.3 Application during the 104 eligibility period from UI exhaustion or reemployment, and retroactive payment possible. 50 Years of Age at Reemployment $55,000 limit on new annualized wages & 104 week eligibility period Fulltime Employment (defined by State law or State definition) if not in training Employment at least 20 hours per week if enrolled in approved fulltime training May not return to Adversely Affected Employment Combined employment may be used to reach fulltime Qualifying employment prior to separation may also be used If they have not received TRA the two year period begins at the earlier of the week of reemployment or week of exhaustion of UI eligibility. Application during the 104 eligibility period from UI exhaustion or reemployment, and retroactive payment possible. 50 Years of Age at Reemployment $55,000 limit on new annualized wages & 104 week eligibility period Fulltime Employment (defined by State law or State definition) if not in training Employment at least 20 hours per week if enrolled in approved fulltime training May not return to Adversely Affected Employment Combined employment may be used to reach fulltime Qualifying employment prior to separation may also be used If they have not received TRA the two year period begins at the earlier of the week of reemployment or week of exhaustion of UI eligibility. Application during the 104 eligibility period from UI exhaustion or reemployment, and retroactive payment possible. 50 Years of Age at Reemployment $55,000 limit on new annualized wages & 104 week eligibility period Fulltime Employment (defined by State law or State definition) if not in training Employment at least 20 hours per week if enrolled in approved fulltime training May not return to Adversely Affected Employment Combined employment may be used to reach fulltime Qualifying employment prior to separation may also be used If they have not received TRA the two year period begins at the earlier of the week of reemployment or week of exhaustion of UI eligibility.

71. Reemployment TAA A WORKER WHO HAS NOT RECEIVED TRADE READJUSTMENT ALLOWANCE: In the case of a worker who has not received a trade readjustment allowance, the worker may receive RTAA benefits for a period not to exceed 2 years beginning on the earlier of: * the date on which the worker exhausts all rights to unemployment insurance based on the most recent qualifying separation of the worker from the adversely affected employment that is the basis of the certification; or * the date on which the worker obtains reemployment. A WORKER WHO HAS RECEIVED TRADE READJUSTMENT ALLOWANCE:In the case of a worker who has received a trade readjustment allowance, the worker may receive RTAA benefits for a period of 104 weeks beginning on the date on which the worker obtains reemployment reduced by the total number of weeks for which the worker received such trade readjustment allowance.

72. Good Cause provisions of State law do not provide waiver of RTAA eligibility periods or application requirements. Those provisions only apply to TRA and the enrollment in training deadlines.Good Cause provisions of State law do not provide waiver of RTAA eligibility periods or application requirements. Those provisions only apply to TRA and the enrollment in training deadlines.

73. RTAA ELIGIBILITY PERIOD A person receives, but does not exhaust an EUC balance because they reached the end of the Benefit Period and did not qualify for a new UI claim. When does the RTAA eligibility period begin since UI was not exhausted? IDES would use the last week payable under EUC to establish the exhaustion date of �UI� which would start the RTAA eligibility period if they were not already employed.IDES would use the last week payable under EUC to establish the exhaustion date of �UI� which would start the RTAA eligibility period if they were not already employed.

74. RTAA REDUCED BY TRA If a participant is receiving EB or EUC in lieu of TRA would those weeks also be subtracted from the 104 week RTAA eligibility period? NO. The reduced RTAA eligibility period only occurs for weeks of TRA payment. Unemployment Insurance, including EB and EUC, do not reduce that period.NO. The reduced RTAA eligibility period only occurs for weeks of TRA payment. Unemployment Insurance, including EB and EUC, do not reduce that period.

75. RTAA & Military Can RTAA Benefits be made available for work at a lesser rate of pay in the Military? Yes, nothing would prevent the use of RTAA benefits to supplement military wages if all eligibility conditions are met for payment of RTAA benefits. Please remember that RTAA benefits are available only to individuals who are 50 years of age or older.Yes, nothing would prevent the use of RTAA benefits to supplement military wages if all eligibility conditions are met for payment of RTAA benefits. Please remember that RTAA benefits are available only to individuals who are 50 years of age or older.

76. Reemployment TAA TGAAA Section 1841 TEGL 22-08 Section H.5 Amount of Payments Workers who have not received TRA may receive up to $12,000 Workers who receive TRA have their entitlement proportionally reduced to something less than $12,000 Examine the Formula on the Next SlideWorkers who have not received TRA may receive up to $12,000 Workers who receive TRA have their entitlement proportionally reduced to something less than $12,000 Examine the Formula on the Next Slide

77. Please note that this formula is new from the originally published TEGL and will be clarified in Change 1. The only thing this formula accomplishes is determining the maximum amount payable. The RTAA monetary limit is reduced proportionally by the number of weeks the participant receives TRA. In this case the participant received 26 weeks of TRA and remains eligible for 78 weeks of RTAA�so the total monetary possibility is reduced from $12,000 to $9,000Please note that this formula is new from the originally published TEGL and will be clarified in Change 1. The only thing this formula accomplishes is determining the maximum amount payable. The RTAA monetary limit is reduced proportionally by the number of weeks the participant receives TRA. In this case the participant received 26 weeks of TRA and remains eligible for 78 weeks of RTAA�so the total monetary possibility is reduced from $12,000 to $9,000

78. Reemployment TAA TGAAA Section 1841 TEGL 22-08 Section H.7 Wage Calculations There are two possible wage calculation variations One for Full Time Employment One for Part Time (20 hours) Employment with Fulltime Training The following two slides illustrate each calculation�There are two possible wage calculation variations One for Full Time Employment One for Part Time (20 hours) Employment with Fulltime Training The following two slides illustrate each calculation�

79. The purpose of this formula is to determine the Monthly payment amount for a participant who is working Full Time. This person made $50,000 annualized before separation from adversely affected employment. This person makes $20,000 annualized from reemployment. Fifty percent of the difference is the monthly benefit amount and that totals $1,250 In this example it should be noted that the total amount of RTAA payable will be expended in 9.6 months.The purpose of this formula is to determine the Monthly payment amount for a participant who is working Full Time. This person made $50,000 annualized before separation from adversely affected employment. This person makes $20,000 annualized from reemployment. Fifty percent of the difference is the monthly benefit amount and that totals $1,250 In this example it should be noted that the total amount of RTAA payable will be expended in 9.6 months.

80. The purpose of this formula is to determine the Monthly payment amount for a participant who is working Part Time (at least 20 hours). This person also made $50,000 annualized working 40 hours per week before separation from adversely affected employment. This person also makes $20,000 annualized from reemployment. This person is only working 20 hours per week, or half the number of hours as our previous Full Time worker. Including the variable for working only a 20 hour week� the monthly benefit amount and now totals $625, or one half what the Full Time worker will receive. In this example the participant will receive 19.2 months of RTAA benefits assuming the wages don�t change. The purpose of this formula is to determine the Monthly payment amount for a participant who is working Part Time (at least 20 hours). This person also made $50,000 annualized working 40 hours per week before separation from adversely affected employment. This person also makes $20,000 annualized from reemployment. This person is only working 20 hours per week, or half the number of hours as our previous Full Time worker. Including the variable for working only a 20 hour week� the monthly benefit amount and now totals $625, or one half what the Full Time worker will receive. In this example the participant will receive 19.2 months of RTAA benefits assuming the wages don�t change.

81. Reemployment TAA TGAAA Section 1841 TEGL 22-08 Section H7, H8, H9 Continuing Eligibility Overpayments Other Program Benefits Multiple employers are acceptable, and employment need not be continuous however, RTAA is not payable during unemployment. In the event of unemployment workers must reapply for RTAA and the previous $$ limitation will apply. The two year clock begins with the first reemployment and does not stop during a period of unemployment. Employment and wages must be verified at least monthly, and participation in training must also be verified if applicable. A worker participating in Full Time training may have justifiable cause to miss a period of training and still receive RTAA. Failing to participate in training without justifiable cause makes a worker ineligible for RTAA for that week. RTAA would be payable during a scheduled 30 day break in training. Monthly payments derived from annualized wage projections (absent fraud) are valid payments and will not be considered overpayments. Workers receiving RTAA are also eligible for Full Time Training, Case Management, HCTC, Job Search and Relocation. TRA may be received prior to RTAA, but once RTAA is paid no reversion to TRA is allowed.Multiple employers are acceptable, and employment need not be continuous however, RTAA is not payable during unemployment. In the event of unemployment workers must reapply for RTAA and the previous $$ limitation will apply. The two year clock begins with the first reemployment and does not stop during a period of unemployment. Employment and wages must be verified at least monthly, and participation in training must also be verified if applicable. A worker participating in Full Time training may have justifiable cause to miss a period of training and still receive RTAA. Failing to participate in training without justifiable cause makes a worker ineligible for RTAA for that week. RTAA would be payable during a scheduled 30 day break in training. Monthly payments derived from annualized wage projections (absent fraud) are valid payments and will not be considered overpayments. Workers receiving RTAA are also eligible for Full Time Training, Case Management, HCTC, Job Search and Relocation. TRA may be received prior to RTAA, but once RTAA is paid no reversion to TRA is allowed.

82. RTAA ELIGIBILITY Participant is working 21 hours per week and in full-time training. Hours of employment drop to 15 for 1 week or more. What is the impact on RTAA and continuation of training? RTAA is not payable until employment reaches 20 hours per week. The monthly payment must be recalculated. The participant may not return to TRA as RTAA has already been paid. Training costs will be paid as long as participant maintains full-time status.RTAA is not payable until employment reaches 20 hours per week. The monthly payment must be recalculated. The participant may not return to TRA as RTAA has already been paid. Training costs will be paid as long as participant maintains full-time status.

83. RTAA & Peer Counselors Peer Counselors could receive RTAA Benefits while working for the LWIA. This would enable the Peer Counselor to access HCTC benefits. Training benefits are also an option. Peer counselors could use RTAA benefits while working at the LWIA and then be eligible for the HCTC too. During that time they can attend full time training. Peer counselors could use RTAA benefits while working at the LWIA and then be eligible for the HCTC too. During that time they can attend full time training.

84. Alien Verification TGAAA Section 1853 TEGL 22-08 Section I Immigration status must be initially verified on all Self-Reporting aliens.  Receipt of all TAA benefits and services requires satisfactory immigration status. Documents used to verify status include expiration dates that must be recorded and tracked on IWDS to ensure eligibility throughout the delivery of TAA. The Systematic Alien Verification for Entitlement (SAVE) system operated by US Customs and Immigration Service is the required vehicle for verifying status, and if available that system will also include an expiration date.  If expiration occurs during the receipt of service or benefits under TAA that status must be re-verified before services may continue. States must have a system to alert staff if status expires while eligibility continues. One of the six conditions for approving training is the reasonable expectation of employment following training�If satisfactory immigration status does not exist at the planned conclusion of training�that training plan may NOT be approved. Immigration status must be initially verified on all Self-Reporting aliens. Receipt of all TAA benefits and services requires satisfactory immigration status. Documents used to verify status include expiration dates that must be recorded and tracked to ensure eligibility throughout the delivery of TAA. The Systematic Alien Verification for Entitlement (SAVE) system operated by US Customs and Immigration Service is the required vehicle for verifying status, and if available that system will also include an expiration date. If expiration occurs during the receipt of service or benefits under TAA that status must be re-verified before services may continue. States must have a system to alert staff if status expires while eligibility continues. One of the six conditions for approving training is the reasonable expectation of employment following training�If satisfactory immigration status does not exist at the planned conclusion of training�that training plan may NOT be approved. Immigration status must be initially verified on all Self-Reporting aliens. Receipt of all TAA benefits and services requires satisfactory immigration status. Documents used to verify status include expiration dates that must be recorded and tracked to ensure eligibility throughout the delivery of TAA. The Systematic Alien Verification for Entitlement (SAVE) system operated by US Customs and Immigration Service is the required vehicle for verifying status, and if available that system will also include an expiration date. If expiration occurs during the receipt of service or benefits under TAA that status must be re-verified before services may continue. States must have a system to alert staff if status expires while eligibility continues. One of the six conditions for approving training is the reasonable expectation of employment following training�If satisfactory immigration status does not exist at the planned conclusion of training�that training plan may NOT be approved.

85. Control Measures TGAAA Section 1852 TEGL 22-08 Section I.2 & I.3 DCEO and IDES must review a sample of participant files to identify best practices, process deficiencies, and training needs. This requirement must be met along with reporting for the quarter ending December 31st 2009. Must include Pre and Post 2009 Amendments Minimum quarterly random sample of 20 files. OMB has suggested they prefer a % approach so this may change. Sample must include more than one Certification Four samples should be from at least 4 areas of the State Documentation must be available for federal review. Regional Offices may alter this strategy to better suit specific states�i.e.�smaller activity levels. States must implement control measures to improve the accuracy and timeliness of reported data: Monitor internal systems that collect data Monitor outgoing reports for accuracy States and LWIAs and IDES must review a sample of participant files to identify best practices, process deficiencies, and training needs. This requirement must be met along with reporting for the quarter ending December 31st 2009. Must include Pre and Post 2009 Amendments Minimum quarterly random sample of 20 files. OMB has suggested they prefer a % approach so this may change. Sample must include more than one Certification Four samples should be from at least 4 areas of the State Documentation must be available for federal review. Regional Offices may alter this strategy to better suit specific states�i.e.�smaller activity levels. Review forms (2002 & 2009) available in Handouts as a guide. Discuss Capacity Building and Technical Assistance Role of Federal & State Staff. States must implement control measures to improve the accuracy and timeliness of reported data: Monitor internal systems that collect data Monitor outgoing reports for accuracy States and LWIAs and IDES must review a sample of participant files to identify best practices, process deficiencies, and training needs. This requirement must be met along with reporting for the quarter ending December 31st 2009. Must include Pre and Post 2009 Amendments Minimum quarterly random sample of 20 files. OMB has suggested they prefer a % approach so this may change. Sample must include more than one Certification Four samples should be from at least 4 areas of the State Documentation must be available for federal review. Regional Offices may alter this strategy to better suit specific states�i.e.�smaller activity levels. Review forms (2002 & 2009) available in Handouts as a guide. Discuss Capacity Building and Technical Assistance Role of Federal & State Staff. States must implement control measures to improve the accuracy and timeliness of reported data: Monitor internal systems that collect data Monitor outgoing reports for accuracy

86. Job Search & Relocation TGAAA Section 1833 - TEGL 22-08 Section E & F Incumbent Workers are not eligible. Reimbursement increased from 90% to 100%. Maximum amounts payable increased to $1,500. Must be within the United States or Puerto Rico. Removes the prior receipt of a training waiver from determining the timeframe for filing for these benefits. 365 days after certification or separation, or 182 days after completing approved training for Job Search. 425 days after certification or separation, or 182 days after completing approved training for Relocation. Incumbent Workers are not eligible. Reimbursement increased from 90% to 100%. Maximum amounts payable increased to $1,500. Must be within the United States or Puerto Rico. Removes the prior receipt of a training waiver from determining the timeframe for filing for these benefits. 365 days after certification or separation, or 182 days after completing approved training for Job Search. 425 days after certification or separation, or 182 days after completing approved training for Relocation. Incumbent Workers are not eligible. Reimbursement increased from 90% to 100%. Maximum amounts payable increased to $1,500. Must be within the United States or Puerto Rico. Removes the prior receipt of a training waiver from determining the timeframe for filing for these benefits. 365 days after certification or separation, or 182 days after completing approved training for Job Search. 425 days after certification or separation, or 182 days after completing approved training for Relocation.

87. Data Reporting & IWDS Proposed Trade Act Participant Reporting Requirements�(TAPR )� New TAPR Combines ATAA AR; 563 and old TAPR New TAPR covers ALL individual Trade customers How TAPR affects IWDS data entry Proposed Trade Act Participant Reporting Requirements�(TAPR )�is posted on the DCEO website. Please review. Combines all reports for trade now. Wants data individually for each customer for program and fiscal. Data reporting is important to LWIA and IDES because it requires that information to be collected. LWIA Case Managers must enter records on IWDS for: Rapid Response Reporting criteria Transportation Line items Subsistence All RTAA jobs All Recall jobs All training including a separate record for on-line courses for each semester Proposed Trade Act Participant Reporting Requirements�(TAPR )�is posted on the DCEO website. Please review. Combines all reports for trade now. Wants data individually for each customer for program and fiscal. Data reporting is important to LWIA and IDES because it requires that information to be collected. LWIA Case Managers must enter records on IWDS for: Rapid Response Reporting criteria Transportation Line items Subsistence All RTAA jobs All Recall jobs All training including a separate record for on-line courses for each semester

88. The End Other DOL or State Training Web Resources Peer Consultations Regional Technical Assistance Edit appropriately for each National training session depending on audience. DOL says there will be topic specific Webinars for trade in the future. Check WWW.WORKFORCE3ONE.ORG for webinars etc. Edit appropriately for each National training session depending on audience. DOL says there will be topic specific Webinars for trade in the future. Check WWW.WORKFORCE3ONE.ORG for webinars etc.