Trade Adjustment Extension Act of 2011 - ETA Region 1 Webinar

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Trade Adjustment Assistance Extension Act of 2011

Trade Adjustment Assistance Extension Act of 2011 (TAAEA)

December 2011ETA Region 1State Webinar Series

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2011 Trade Program Highlights

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Key Features of the 2011 Program

Service and Manufacturing Sector Workers may be Covered

Retroactive Provisions

Introduction of Completion TRA and Benchmarks

Elimination of Remedial TRA

Consolidation of Funding

Elimination of Three Training Waivers

Job Search and Relocation Allowances are discretionary

HCTC Tax Credit coverage is 72.5%

Federal Good Cause

Reemployment TAA (RTAA)

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Enactment and Guidance

Signed into Law on October 21, 2011, new program benefits and services begin immediately

The TAA program will administer three distinct sets of rules for the 2002, 2009, and 2011 provisions

Prior guidance continues to apply where appropriate and includes:

20 CFR 617 to the extent the new law did not supersede the regulatory requirements;

TEGL 11-02 (2002 provisions) and changes; TEGL 22-08 (2009 provisions) and changes; 20 CFR 618 (Merit Staffing, Funding Formula); TEGL 02-03 (ATAA) and changes; Other guidance as listed in the Operating Instructions TEGL

No. 10-11

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Statutory Dates

February 12, 2011 Sunset of the 2009 Amendments

February 13, 2011- (actual date February 15, 2011) The first day of reversion to prior law or reversion to the

2002 Amendments

October 21, 2011 Date of Enactment of the TAAEA

December 20, 2011 Day 60 after the Date of enactment of the TAAEA

January 19, 2012 Day 90 after the date of enactment of the TAAEA

March 19, 2012 Day 150 after the date of enactment of the TAAEA

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Snapback Provisions and Petition Processing

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Application of 2011 Amendments: Petitions

Workers under Petitions filed before February 13, 2011 receive 2009 benefits and services (70,000 – 79,999)

Petitions filed between February 13, 2011 and October 21, 2011 have multiple scenarios (80,000 – 80,999)

Petitions filed on or after October 21, 2011 receive 2011 benefits and services (81,000 +)

2011 benefits and services will be available to eligible participants 60 days after enactment, December 20, 2011

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TAA Program Benefits by TA-W Number

TA-W 50,000 – TA-W 69,999Key TEGLs: 11-02,

11-02 Changes 1, 2, and 3

TA-W-70,000-TA-W-79,999Key TEGLs: 22-08,

22-08 Change 1

TA-W-80,000-TA-W-80,999TEGL XX-11

TA-W-81,000 and aboveTEGL XX-11

No change to benefits or services.

2002 Amendment-level benefits and services.

No change to benefits or services.



CertifiedDenied

Case automatically reopened and

reconsidered under 2011 Amendments

In Process

Cases automatically considered under the 2011 Amendments

Certified

Received benefits or services on or before

Dec. 20, 2011

DID NOT receive benefits or services on or before Dec. 20, 2011


Worker can elect to make a choice between the 2002

and 2011 programs between December 20, 2011 and

March 19, 2012 (See “ONE-TIME CHOICE” map for

more detail)

TA-W 80,000 – TA-W 80,999

TEGL: TEGL 10-11

TA-W 81,000 and aboveTEGL: TEGL 10-11

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Retroactive Procedures

(80,000-80,999) Petitions, numbered between 80,000-80,999 and still

under investigation, will be determined based on the 2011 Program

80,000-80,999 petitions denied before the date of enactment will be automatically re-investigated under the 2011 Program: http://doleta.gov/tradeact/pdf/80000Denials.pdf

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Petitions under Investigation

(80,000-80,999) If a determination is still pending, then…

A determination will be issued based on the group eligibility provisions of the TAAEA

No action required by petitioners or the State; OTAA will automatically issue determinations based on the TAAEA

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Reconsideration of Determinations

(80,000-80,999) Petitions filed between February 13, 2011 and October

21, 2011 that resulted in a negative determination, then…

OTAA will reopen the investigation and determine group eligibility under the TAAEA;

Including petitions that were denied after reconsideration on or before October 21, 2011 and petitions that were under reconsideration on October 21, 2011

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Denied Group Eligibility to Apply for ATAA

(80,000-80,999) No separate group eligibility certification is required for a

worker to apply for RTAA…

Therefore, where a worker group was certified for TAA, but denied group eligibility to apply for ATAA, these workers will be eligible to apply for RTAA under the 2011 Program

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Benefits Available After Certification

(80,000-80,999) Program benefits are date specific

Between Enactment date and day 60 (December 20, 2011) Workers may apply ONLY for benefits under the

2002 Program On and after December 20, 2011:

Workers may apply for the benefits under the 2011 Program

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Incumbent Workers

(80,000-80,999) As of December 20, 2011

Incumbent Workers become eligible to apply for benefits as they were under the 2009 Program

Benefits are explained in TEGL 22-08, section D.2.5. OTAA will not amend certifications States must contact the employers of incumbent

workers States must notify incumbent workers of their

eligibility for benefits under the 2011 Program and provide information re: the availability of training under the 2011 Program

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Receiving Benefits under the 2002 Program

(80,000-80,999) During the 60 days after enactment, workers receiving

benefits will continue to receive benefits under the 2002 Program

When the 2011 Program benefits become available on December 20,2011, these workers may elect to either…

Choose to continue receiving benefits under the 2002 Program

Move to the 2011 Program

If a participant does not make a choice, he/she will continue to receive benefits under the 2002 Program

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One-Time Choice Election

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Scenario

Bill Brown was separated from his trade affected employment on March 4, 2011, and Certified under petition number 80,612 on August 5 2011. He did not apply for training or request a waiver from training by October 1, 2011, and missed his 8/16 deadline as required under the 2002 Amendments.

Would Mr. Brown be eligible to apply for benefits and services under the 2011 Amendments and meet the new 26/26 week deadline for enrolling in training or securing a waiver from training?

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Scenario

Yes. Mr. Brown would NOT be eligible to make a choice, since he was not receiving benefits and services under the 2002 program on December 20, 2011 – HOWEVER, because he was not receiving benefits, i.e., on a training waiver (or enrolled in training, participating in training or having completed training), receiving a job search or relocation allowance or TRA, he would be eligible to begin receiving benefits and services under the 2011 provisions. Under the 2011 provisions, he would be subject to the 26/26 week deadline for enrolling in training and could meet that eligibility test for enrollment in training or securing a waiver from training if applicable.

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What Does “Receiving Benefits” Mean?

(80,000-80,999) A worker must receive ONE of the following TAA benefits:

Training WaiverA training waiver is in effect for the worker on December 20,

2011; or Training

The worker has an approved training plan and is enrolled in training, participating in training, or has completed training by December 20, 2011; or

Job Search and Relocation Allowances The worker has been approved for a job search or relocation allowance, even if the payment has not yet occurred on or before December 20, 2011; or

Trade Readjustment Allowance (TRA) and ATAA The worker has received a payment of either TRA of ATAA for a week before or for the week that includes December 20, 2011

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2002 Program to the 2011 Program

(80,000-80,999) Must make election on or after December 20, 2011 and

before March 19, 2012 Transition to new benefits on the first week after the State

documents the choice Benefits received before the worker makes the choice, count toward

the maximum, e.g. TRA Workers receiving benefits under the 2002 program, but not enrolled

in training must comply with training deadlines in TEGL No. 22-08 Waivers permitted under the 2002 Program, but eliminated under

the 2011 Program, will not be available for workers choosing to move the 2011 Program. Where appropriate, States must revoke eliminated waivers and redesignate or issue under allowable provision. Where waivers are revoked, TAA participants must comply with enrollment in training deadlines in TEGL No. 22-08

Where applicable, for workers moving to the 2011 Program, States must amend training plans to establish benchmarks

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One-Time Choice Election (80,000 and Above)

2. As of Dec. 20, 2011, are you receiving any

of the following benefits or services?

If TA-W 81,000 and above or TA-W 80,000-80,999 and not

received any benefits, workers automatically eligible to apply for 2011 Program benefits and services (no election required)

Enrolled in training, participated in

training, or completed training

Training waiver

TRA/ATAA Payment

Been approved for job search or

relocation allowances (even if payment has not yet been made)

Worker can stay on the 2002 Program, or can elect to take advantage of the benefits and services offered by the 2011

program. This choice must be made on or after December 20, 2011 and on or before March 19, 2012.

Yes

No

No No No

Yes YesYes

No

Yes

1. Is your TA-W number between

80,000 and 80,999?

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One-Time Choice Provision

Election period will begin on the 60th day after enactment, December 20, 2011

Election period ends on March 19, 2012

Available to TAA participants covered under an 80,000 series petition and served under the 2002 program

Question: Can participants covered under the same petition be covered under two different programs?

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Oct. 21, 2011Date of Law Signature

Feb. 13, 2011Reversion Date

Dec. 20, 2011Day 60

Days 60-150 One-time Choice Window

Mar. 19, 2012Day 150

Days 1-60

Opportunity to Enroll in 2011 Program Expires

Option to Enroll in 2011 Program Available to Workers Previously

Certified under 80,000 Series Petitions AND Receiving Benefits

on or Before Dec. 20, 2011

Retroactive Period

Implementation Timeline


TA-W-80,000 PetitionsServed under 2002

Program

TA-W-81,000 PetitionsServed under 2011

Program

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October 21, 2011Date of Law Signature

Sept. 20, 2011Petition Filed

October 5, 2011Certification

Dec. 20, 2011Day 60

Days 60-150 One-time Choice Window

Mar. 19, 2012Day 150

Received TRA

Days 1-60

Chose 2011 program

Did not make an Election

Received no Benefits or Services

Choice Offered

Received TRA Choice Offered

2011

2002

2011

Participant 1

Participant 2

Participant 3

Program Prior to Enactment

Hypothetical Case: TA-W-80,700

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One-Time Choice Election - Scenario

Jason Smith is Certified under Reconsideration of Petition number TA-W 80,249 on November 2, 2011, and receives benefits and services on November 14, 2011 under the 2002 Program. Since this is during the 60 day period between enactment of the new provisions, and December 20, 2011 when the new benefit and service provisions trigger on, is he eligible for a “choice” of either benefits and services under the 2002 Program or the 2011 Program after December 20, 2011?

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One-Time Choice Election - Scenario

Yes – all workers covered under certified petitions 80,000 – 80,999 who begin receiving benefits and services under the 2002 Program between October 21, 2011 and December 20, 2011 are eligible to make a “choice” of continuing under the 2002 Program, or moving to the 2011 Program. The choice MUST be exercised between December 20, 2011 and March 19, 2012. Failure to choose the 2011 Program results in continuation of benefits and services under the 2002 Program ONLY.

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One-Time Choice Election – Scenario

Sally Smith is certified under petition TA-W-81,230 on November 23, 2011, and applies for benefits and services on December 1, 2011. Since this is during the 60 day period between enactment of the new program, and December 20, 2011 when the new benefit and service provisions become available, is she eligible for a “choice” of either benefits and services under the 2002 Program or the 2011 Program after December 20, 2011?

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One-Time Choice Election – Scenario

No – all workers certified under petitions 81,000 and above are served ONLY under the 2011 Program regardless of the date of application for benefits and services under that petition.

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Workers Who Do Not Make a Choice

(80,000-80,999 and Receiving Benefits on December 20, 2011) Choice is a one-time option Choice must be made between December 20, 2011 and

March 19, 2012 Workers will continue to receive benefits under the 2002

Amendments if they do not make a choice Appellate decisions may consider the Equitable Tolling

doctrine if the State fails to provide timely or complete notice

See TEGL No.08-11 for additional information regarding Equitable Tolling

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Petitions Filed after October 21, 2011

Will be issued petition numbers TA-W 81,000 and above

Subject to the 2011 Program

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Worker Group EligibilityLength of TRA BenefitsWaivers

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Worker Group Eligibility Worker group coverage under the 2011 Program is restored

to the coverage provided under the 2009 Program, with the exception of coverage for workers in public agencies

Trade-Affected Workers may include workers in firms that produce articles and workers in service sector firms, based on: 1. increased imports of like or directly competitive articles or services; or2. increased imports of a finished article for which the workers’ firm

produces component parts or supplies services; or3. increased imports of articles directly incorporating foreign components

that are like or directly competitive with the component parts made by U.S. workers; or

4. shifts in production of articles or supply of services to any foreign country; or

5. workers in firms that supply component parts or services to firms with TAA-certified workers or perform additional, value-added production processes to firms with TAA-certified workers; or

6. workers in firms identified in International Trade Commission “injury” determinations

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Extended Impact Date

Impact Date = Generally is the date that is one year before the date of the petition

2011 Amendments expand the impact date to February 13, 2010 for all certifications of petitions filed between October 21, 2011 and January 19, 2012

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TRA and Training Waivers

2009 52 weeks of Basic

TRA (reduced by UC)

78 weeks in 91 of Additional TRA

Remedial or Prerequisite TRA may account for 26 weeks

Six Training Waivers


TRA (reduced by UC)


Completion TRA may account for 13 weeks

Three Training Waivers


TRA (reduced by UC)


Remedial TRA may account for 26 weeks

Six Training Waivers

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Criteria for Waiving Training Requirement

2011 TAA Program Three Criteria

Health Condition Enrollment in

Training is not Available

No Training is Available

2002 and 2009 TAA Programs Six Criteria

Health Condition Enrollment in

Training is not Available

No Training is Available

Recall Marketable Skills Retirement

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Elimination of Remedial TRAEstablishment of Completion TRA

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Elimination of Remedial TRA

The eligibility period for the receipt of Basic TRA is not extended for weeks of participation in remedial or prerequisite training (as it was under the 2009 Amendments), and the 26 weeks of TRA referred to as Remedial TRA is no longer payable

The TAAEA eliminates Remedial TRA as a “category” of TRA, although remedial and prerequisite training should continue to be part of an approved training plan where appropriate

However, the inclusion of remedial and prerequisite training in a worker’s training plan will no longer result in the worker’s eligibility for up to 26 additional weeks of TRA

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Introduction of Completion TRA

New category of TRA aligns with the Department’s larger aim to increase the completion of recognized credentials

Provides participants with up to 13 more weeks of TRA within a 20 week period in order to complete training plan

Conditions of Completion TRA: The requested weeks are necessary for the worker to complete a

training program that leads to a degree or industry-recognized credential; as described in TEGL No. 15-10, and;

The worker is participating in training in each such week; and The worker has substantially met the performance benchmarks

established in the approved training plan (see section C.3.1); and The worker is expected to continue to make progress toward the

completion of the approved training; and The worker will be able to complete the training during the period

authorized for receipt of Completion TRA

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2011 Program Benefits: TRA Timeline

ImpactDate

LayOff

UnemploymentInsurance

CertificationTRA

Exhausted

2 1/2 Years

Basic TRA

26 Weeks52 X WBA

Completion TRA

13 Weeks Payable in 20 Weeks

130 Payable Weeks over a 150 Week period

HCTCEligible

Until one month afterlast service or benefit

Additional TRA

65 Weeks Payable in 78 Weeks

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Training Benchmarks

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Training Benchmarks

Reviews conducted at 60 day intervals from the start of the training plan

Documented in IEP and signed by participant

Two Evaluation Criteria

Satisfactory academic standing On track to complete training within the agreed upon

timeframe Encourages early intervention and modification of

unsuccessful training plans

Supports modification measures in order to increase training completion and credentials

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Training Benchmarks

Required for Completion TRA eligibility

Must be established at the beginning of all training programs- except for very short training programs

Encouraged because they strengthen case management efforts

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Completion TRA

Participant Served under 81,000 petition (meets benchmarks)

IEP Developedwith benchmarkrequirements documentedand signed

Up to 15 benchmark reviews through point of Completion TRA eligibility

Participant Served under 81,000 petition (fails benchmarks)

IEP Developedwith benchmarkrequirements documentedand signed

130 weeks of training

Participant fails one of two

benchmarksRevise planModify IEP

Modified plan may include Completion TRA eligibility

Completion TRA begins

2nd Failure

Participant may continue in original approved plan with no Completion TRA

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ATAA/RTAA

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Older Workers

(80,000-80,999) RTAA is available to older workers under the 2011

Program

States must automatically review determinations of denials of individual eligibility for ATAA

If the denial for ATAA was based on eligibility criteria that does not apply to RTAA…

Then, States must notify the worker of the option to apply for benefits under the RTAA program

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Reemployment TAA (RTAA)

Matches RTAA under 2009 amendments in flexibility

Can combine training and TRA benefits

Matches ATAA under 2002 for age, salary ceiling, and benefit amount

Must be aged 50 or over at time of reemployment Earning $50,000 or less upon reemployment Maximum payment is $10,000

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WITH

Eligible to apply for RTAA under 2009 program

WITH

Eligible to apply for RTAA under

2011 program

ATAA/RTAA ELIGIBILITY

WITH

Election to continue with ATAA/2002 or choose RTAA/ 2011

Eligible to apply for RTAA under 2011 program

Election to continue with 2002 (ATAA) or choose RTAA/2011

What happens if a participant is eligible for an election and you does not make a choice by March 19, 2012?

The participant will continue to receive benefits and services under the 2002 program. .

Eligible to apply for RTAA under the 2011 program What is a qualifying TAA

benefit or service for election?

•Receipt of training waiver

•Receipt of TRA payment

•Receipt of ATAA payment

•Enrolled in or completed

training

•Receipt of Job Search or Relocation Allowance

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HCTC

Health Coverage Tax Credit

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Health Coverage Tax Credit (HCTC)

HCTC will cover 72.5% of qualifying health insurance premium costs

The same tax credit will be offered to all TAA participants regardless of their petition number or TAA program

The 72.5% coverage is retroactive and applies to payments made from March – December of 2011

The retroactive payments may be claimed by participants on their tax return for 2011, filed in 2012

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Funding ConsolidationRecapture

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Funding for FY 2012

Consolidated Allocation$575M CAP

Case Management

Admin

Job Search&

Relocation

Training

Conditions:

Up to 10% of Consolidated Allocation may be used for Administration

Not less than 5% of Consolidated Allocation must be used for Case Management

RTAA TRA

Uncapped Funds

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Job Search and Relocation

2011 Program Job Search & Relocation consolidated under the $575M cap for FY 2012 and beyond

Allows States to decide whether to offer workers the opportunity to apply for Job Search and Relocation Allowances

If a state elects to retain this benefit for trade affected workers, it is available at the 2002 benefit level and in accordance with the regulations of 20 CFR 617.48 and 617.49

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Recapture and Financial Reporting

DOL may recapture funds from States with remaining un-obligated funding after two or three years

DOL may distribute recaptured funds to States in need of additional funding

Changes to financial reporting requirements pending issuance of the revised ETA-9130

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Federal Good CauseEquitable Tolling

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Effective with the 2011 Program

A waiver for good cause of the time limitations “with respect to an application for TRA or enrollment in training” means:

26/26 week enrollment in training deadline

Same application as “state good cause” under 2009 Program

Highlights for Federal Good Cause

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Tyler Gordon is a trade affected worker who has completed 117 weeks of training, and has been unable to secure suitable employment in his home state. He is offered a suitable job in another state, and accepts; however, he misses the deadline for filing for Relocation Benefits due to serious and verified health issues. Can the Federal Good Cause Provision be used to waive that deadline?

Federal Good Cause - Scenario

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No. Federal Good Cause can only be applied to deadlines relating to enrollment in training or applying for TRA

Federal Good Cause – Scenario

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Because Brad Jolie never received information from the state of the requirement to enroll in training, he missed the deadline to enroll in training. Brad said he had recently moved and had not received a notice from the state regarding training deadlines

Brad also mentioned he had missed several other pieces of mail since he moved and provided proof

Should the state provide relief to Brad under Federal Good Cause?

Federal Good Cause - Scenario

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Federal Good Cause – Scenario

Yes. Brad provided proof and a reasonable person would believe this could happen under ordinary circumstances

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Federal Good Cause and Equitable Tolling are Separate and Distinct Provisions

Federal Good Cause Equitable Tolling

Statutory Yes No

Program Applicable only under the 2011 Program

Available in 2002, 2009 and 2011 Programs

Deadlines Can be applied ONLY to application for TRA and enrollment in training

May apply to any TAA deadline, e.g., States may apply to a missed Choice Option deadline if applicable.

When Available

Effective with TAAEA TEGL issued October 19, 2011

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TAPRSunset Provisions

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Performance Reporting FY 2013

Changes that require new or modified data collection

Number of workers who “report” that they have received benefits under a prior certification in the past ten years

Number of workers that are in training leading to an associate’s degree

Number of workers who completed training who were also enrolled in pre-layoff training

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Sunset Provisions

2011 Amendments sunset on December 31, 2013

The TAA Program will revert back to the provisions of the 2002 Amendments save for three provisions of the TAAEA

The elimination of three training waivers The elimination of additional weeks of TRA for

remedial or prerequisite training The authority of the Secretary to grant 13 weeks of

additional TRA (Completion TRA)

The “reverted TAA program” is authorized from January 1, 2014 through December 31, 2014

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References

TAA Homepage http://doleta.gov/tradeact/

Side-by-Side Program Comparisonhttp://doleta.gov/tradeact/pdf/side-by-side.pdf

Denied 80,000 Petitions Opened for Reconsiderationhttp://doleta.gov/tradeact/pdf/80000Denials.pdf

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Questions?

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ETA Region 1 Trade ContactsTim Theberge – Regional Trade [email protected]

John [email protected]

Kate [email protected]

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Category:	Career
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Trade Adjustment Extension Act of 2011 - ETA Region 1 Webinar

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