PETITION FILING

1. PETITION FILING • Three individual workers • Company representative • Union or other worker representative • State agency official • Community-based organizations no longer have status to file

2. PETITION FILING • Simultaneously with DOL and State • DOL-State information exchange • State-specific petition forms from DCEO • Vital information must be supplied • Signatures • Date • All company info • Contact person info

3. TAA WORKER INTAKE • IDES Local Office First • UI Claim • TRA Claim • Initial Waiver • LWIA Next

4. TAA WORKER INTAKE • Worker covered by certification • Concept of identifiable worker group • Determination document • Evidence – notification, pay stub, etc. • Lists of certifications • From State • From DOL’s web site (www.doleta.gov) • From e-mail list

5. TAA WORKER INTAKE • DOL official policy - rapid reemployment • Basically same as WIA dislocated worker • Core • Intensive • Training – Use ITA’s • Based on assessment • Reemployment first - training only if necessary

6. TAA BENEFITS AND SERVICES • Trade Readjustment Allowances (TRA) • Job training • Job search allowances • Relocation allowances • Alternative TAA program for older workers • Health Coverage Tax Credit • All of these mostly independent – worker can receive one, some, or all except ATAA

7. TAA BENEFITS AND SERVICES • IDES will administer: • TRA • ATAA • HCTC • DCEO/LWIA’s will administer: • Training • Job search allowances • Relocation allowances

8. BASIC TRA • Total entitlement is 52 weeks minus UI entitlement, including extended UI • Must be all used within 104 weeks of most recent qualifying separation • Must be enrolled in TAA-approved training, but this can be waived • Amount is equal to UI WBA from first qualifying separation • Can start, stop, and resume

9. ADDITIONAL TRA • Maximum of 52 weeks for all, 26 more for remedial trainees • Must be participating in TAA-approved training • Training requirement cannot be waived • Once started, weeks count continuously

10. TRA QUALIFYING CRITERIA • Must be covered by a certification • Must have worked 26 out of previous 52 weeks at $30/week or more • All UI entitlement exhausted • Meet EB work test • Must be enrolled in training, have completed training, or have a waiver (must be established within 8/16 deadline)

11. 8/16 DEADLINE • Applies only to TRA, although expressed in terms of enrollment in training • Within 8 weeks of the certification, or 16 weeks of most recent qualifying separation • Worker must be enrolled in training, or • Worker must have a training waiver • If missed, worker loses entitlement to ALL TRA • Worker ineligible for HCTC

12. 210 DAY DEADLINE • Applies only to additional TRA • Worker must file a bona fide application for a training program within 210 days of • Issuance of the certification, or • Most recent qualifying separation, whichever is later • Failure to meet 210 day deadline means worker loses all right to additional TRA, both regular and for remedial trainees.

13. WAIVER • A finding that training is not feasible or appropriate for the worker • Original purpose – to pay basic TRA • 8/16 changed that • May be issued at any time after the worker is certified • Six criteria specified in law

14. WAIVER CRITERIA • Recall • Marketable skills • Retirement • Health • Enrollment unavailable • Training not available

15. WAIVER DURING UI • To beat 8/16 deadline • For HCTC eligibility • No need for review • Worker meets UI requirements • Issued by IDES • Not for receipt of TRA • Can be extended for basic TRA

16. NORMAL WAIVER • For receipt of basic TRA • Must be reviewed • Issued by LWIA • Can be an extension of UI-period waiver

17. BREAKS IN TRAINING • Break longer than 30 days • No TRA may be paid for any of those days • Non-training days (holidays, weekends) do not count in the 30 • Basic TRA weeks often can be made up • Additional TRA weeks can never be made up • Work with vendors to fill gaps

18. TAA TRAINING • Up to 104 weeks of training for all • Up to 26 weeks more for remedial trainees • Nearly all kinds of occupational and vocational training are approvable • Training that is all remedial can be approved • Any WIA-approved program is TAA-approvable • Annual funds limited to $220 million

19. TRAINING APPROVAL CRITERIA • No suitable employment available • Worker would benefit from training • Reasonable expectation of employment • Training reasonably available • Worker qualified to undertake training • Training suitable and reasonable cost

20. TAA TRAINING • Training program should be based on assessment • If several appropriate programs, worker choice should weigh heavily • State does not have to approve anything worker wants – cost control • Supplemental funds should be tapped whenever possible.

21. OTHER TRAINING ISSUES • Shared costs • Use of ITA’s, not individual contracts • Worker pays nothing • Training available “forever” • Transportation and subsistence • Training full-time • Quitting to attend training

22. OTHER TRAINING ISSUES • One training program per worker • Satisfactory progress • Remedial training definition • Customized training now approvable • On-the-job training (OJT) issues • Cap on training costs • Use of ETPL

23. UP-FRONT NECESSITIES • “Initial” waiver • Beat 8-week/16-week deadline • Early HCTC eligibility • IDES responsibility • “Initial” training request • Beat 210-day deadline • LWIA responsibility • Not a waiver • Forms, instructions will be provided

24. JOB SEARCH ALLOWANCES • Job search activities outside commuting area • Pays 90 percent of costs up to $1,250 • Cannot be approved unless application precedes job search activities • Application deadlines: • 365 days after certification or most recent qualifying separation, or • 182 days after completion of training

25. RELOCATION ALLOWANCES • No expectation of suitable employment in commuting area • Suitable employment, or bona fide offer, outside commuting area • Deadlines: • 425 days after certification or most recent qualifying separation • 182 days after end of training • Move must begin within 182 days of application or completion of training

26. RELOCATION ALLOWANCES • 90 percent of reasonable and necessary expenses to move • Worker and family • Household goods • Vehicles • Mobile home • Rental trucks, tolls, etc. • Stipend of three weeks wages, up to a maximum of $1,250

27. HCTC • Subsidy of 65 percent of premiums for qualified health coverage • Worker must be eligible for TRA except for not necessarily having exhausted UI • Subsidy may be received monthly or claimed annually at tax time

28. ATAA • For workers who find new employment at lower wages • Pays 50 percent of the difference • Workers qualify for HCTC while participating in ATAA • Maximum of two years or $10,000, whichever comes first • May not receive TRA, training, or job search allowances • May receive relocation allowances

29. ATAA QUALIFYING CRITERIA • Worker reemployed within 26 weeks • Worker is at least 50 years old • New employment pays no more than $50,000 per year • New employment full time by State law • Worker does not return to previous employment

30. OLD TAA AND NAFTA-TAA • Trade Act of 2002 abolished NAFTA-TAA and made substantial changes to TAA • Workers may still qualify for benefits and services under old TAA or NAFTA-TAA certifications which are paid under old rules • Old TAA petitions numbered under 50,000

31. AGENT AND LIABLE STATES • Liable State is where UI claim is • Agent State is usually where training will occur • Liable State: • Makes all approvals and determinations • Pays TRA, job search, relocation • Agent State pays for training

32. REQUIRED REPORTING • Process reporting – ETA 563 • Outcomes reporting – TAPR • Financial reporting • Now ETA 9023 • Soon ETA 269

33. CERTIFICATION CRITERIA • Primary firms and workers • Directly impacted by imports • Reasons for certification • Increased Imports • Shift of production • Secondary firms and workers • Indirectly impacted by imports • Upstream • Downstream

34. CERTIFICATION CRITERIAPRIMARY–INCREASED IMPORTS • Separations, or threat thereof • Declines in sales and/or production • Increased imports • Articles like or directly competitive with those of subject firm • Contributed importantly to separations and decline in production and/or sales

35. CERTIFICATION CRITERIAPRIMARY-PRODUCTION SHIFT • Separations or threat thereof • Shift of production of like or directly competitive products to a country in: • Free trade agreement with U.S. • Andean Trade Preferences Act • African Growth and Opportunity Act • Caribbean Basic Economic Recovery Act • Increased import or threat of increased imports

36. CERTIFICATION CRITERIASECONDARY-UPSTREAM • Separations or the threat thereof • Supplies components directly incorporated in primary product • Either • Components supplied to primary are 20% of total business or more, or • Loss of business with primary contributed importantly to separations

37. CERTIFICATION CRITERIASECONDARY-DOWNSTREAM • Separations or the threat thereof • Value-added finishing processes for primary • Loss of business with primary contributed importantly to separations • Import impact on primary from Canada or Mexico only

38. ATAA - DTAA FINDINGS • Workers must request certification for ATAA on petition • DTAA must establish three additional facts • Significant number of workers are 50 or older • Skills not readily transferable • Competitive conditions in industry

39. SECONDARY WORKERS • Directly related to primary firms whose workers are certified • Upstream – supply components • Downstream – perform finishing operations • “First tier” only

40. STATE OBLIGATIONS • Determinations and redeterminations • Use of State law • Appeals and hearings • State agency rulemaking • Overpayments • Recordkeeping • Information, reports, and studies

41. UP-FRONT NECESSITIES • “Initial” waiver • Beat 8-week/16-week deadline • Early HCTC eligibility • IDES responsibility • “Initial” training application • Beat 210-day deadline • LWIA responsibility • Forms, instructions will be provided