Post on 27-Mar-2015
PETITION FILING
Three individual workers Company representative Union or other worker representative State agency official Community-based organizations no
longer have status to file
PETITION FILING Simultaneously with DOL and State DOL-State information exchange State-specific petition forms from
DCEO Vital information must be supplied
Signatures Date All company info Contact person info
TAA WORKER INTAKE
IDES Local Office First UI Claim TRA Claim Initial Waiver
LWIA Next
TAA WORKER INTAKE
Worker covered by certification Concept of identifiable worker group Determination document Evidence – notification, pay stub,
etc. Lists of certifications
From State From DOL’s web site
(www.doleta.gov) From e-mail list
TAA WORKER INTAKE DOL official policy - rapid reemployment Basically same as WIA dislocated worker
Core Intensive Training – Use ITA’s
Based on assessment Reemployment first - training only if
necessary
TAA BENEFITS AND SERVICES
Trade Readjustment Allowances (TRA) Job training Job search allowances Relocation allowances Alternative TAA program for older
workers Health Coverage Tax Credit All of these mostly independent – worker
can receive one, some, or all except ATAA
TAA BENEFITS AND SERVICES
IDES will administer: TRA ATAA HCTC
DCEO/LWIA’s will administer: Training Job search allowances Relocation allowances
BASIC TRA Total entitlement is 52 weeks minus UI
entitlement, including extended UI Must be all used within 104 weeks of
most recent qualifying separation Must be enrolled in TAA-approved
training, but this can be waived Amount is equal to UI WBA from first
qualifying separation Can start, stop, and resume
ADDITIONAL TRA
Maximum of 52 weeks for all, 26 more for remedial trainees
Must be participating in TAA-approved training
Training requirement cannot be waived Once started, weeks count continuously
TRA QUALIFYING CRITERIA
Must be covered by a certification Must have worked 26 out of previous 52
weeks at $30/week or more All UI entitlement exhausted Meet EB work test Must be enrolled in training, have
completed training, or have a waiver (must be established within 8/16 deadline)
8/16 DEADLINE Applies only to TRA, although expressed
in terms of enrollment in training Within 8 weeks of the certification, or 16
weeks of most recent qualifying separation Worker must be enrolled in training, or Worker must have a training waiver
If missed, worker loses entitlement to ALL TRA
Worker ineligible for HCTC
210 DAY DEADLINE Applies only to additional TRA Worker must file a bona fide application
for a training program within 210 days of Issuance of the certification, or Most recent qualifying separation, whichever
is later Failure to meet 210 day deadline means
worker loses all right to additional TRA, both regular and for remedial trainees.
WAIVER
A finding that training is not feasible or appropriate for the worker
Original purpose – to pay basic TRA 8/16 changed that May be issued at any time after the
worker is certified Six criteria specified in law
WAIVER CRITERIA
Recall Marketable skills Retirement Health Enrollment unavailable Training not available
WAIVER DURING UI
To beat 8/16 deadline For HCTC eligibility No need for review Worker meets UI
requirements Issued by IDES Not for receipt of TRA Can be extended for basic
TRA
NORMAL WAIVER
For receipt of basic TRA Must be reviewed Issued by LWIA Can be an extension of UI-
period waiver
BREAKS IN TRAINING
Break longer than 30 days No TRA may be paid for any of those days Non-training days (holidays, weekends) do
not count in the 30 Basic TRA weeks often can be made up Additional TRA weeks can never be made
up Work with vendors to fill gaps
TAA TRAINING Up to 104 weeks of training for all Up to 26 weeks more for remedial
trainees Nearly all kinds of occupational and
vocational training are approvable Training that is all remedial can be
approved Any WIA-approved program is TAA-
approvable Annual funds limited to $220 million
TRAINING APPROVAL CRITERIA
No suitable employment available Worker would benefit from training Reasonable expectation of
employment Training reasonably available Worker qualified to undertake training Training suitable and reasonable cost
TAA TRAINING Training program should be based on
assessment If several appropriate programs, worker
choice should weigh heavily State does not have to approve anything
worker wants – cost control Supplemental funds should be tapped
whenever possible.
OTHER TRAINING ISSUES
Shared costs Use of ITA’s, not individual
contracts Worker pays nothing Training available “forever” Transportation and subsistence Training full-time Quitting to attend training
OTHER TRAINING ISSUES
One training program per worker Satisfactory progress Remedial training definition Customized training now approvable On-the-job training (OJT) issues Cap on training costs Use of ETPL
UP-FRONT NECESSITIES
“Initial” waiver Beat 8-week/16-week deadline Early HCTC eligibility IDES responsibility
“Initial” training request Beat 210-day deadline LWIA responsibility Not a waiver
Forms, instructions will be provided
JOB SEARCH ALLOWANCES Job search activities outside commuting
area Pays 90 percent of costs up to $1,250 Cannot be approved unless application
precedes job search activities Application deadlines:
365 days after certification or most recent qualifying separation, or
182 days after completion of training
RELOCATION ALLOWANCES No expectation of suitable employment
in commuting area Suitable employment, or bona fide offer,
outside commuting area Deadlines:
425 days after certification or most recent qualifying separation
182 days after end of training Move must begin within 182 days of
application or completion of training
RELOCATION 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
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
ATAA
For workers who find new employment at lower wages
Pays 50 percent of the difference Workers qualify for HCTC while
participating in ATAA Maximum of two years or $10,000,
whichever comes first May not receive TRA, training, or job
search allowances May receive relocation allowances
ATAA QUALIFYING CRITERIA
Worker reemployed within 26 weeks Worker is at least 50 years old New employment pays no more than
$50,000 per year New employment full time by State
law Worker does not return to previous
employment
OLD TAA AND NAFTA-TAA
Trade Act of 2002 abolished NAFTA-TAA and made substantial changes to TAA
Workers may still qualify for benefits and services under old TAA or NAFTA-TAA certifications which are paid under old rules
Old TAA petitions numbered under 50,000
AGENT AND LIABLE STATES
Liable State is where UI claim is Agent State is usually where training will
occur Liable State:
Makes all approvals and determinations Pays TRA, job search, relocation
Agent State pays for training
REQUIRED REPORTING
Process reporting – ETA 563 Outcomes reporting – TAPR Financial reporting
Now ETA 9023 Soon ETA 269
CERTIFICATION CRITERIA
Primary firms and workers Directly impacted by imports Reasons for certification
Increased Imports Shift of production
Secondary firms and workers Indirectly impacted by imports Upstream Downstream
CERTIFICATION CRITERIAPRIMARY–INCREASED IMPORTS
Separations, or threat thereof Declines in sales and/or production Increased imports
Articles like or directly competitive with those of subject firm
Contributed importantly to separations and decline in production and/or sales
CERTIFICATION CRITERIAPRIMARY-PRODUCTION SHIFT
Separations or threat thereof Shift of production of like or directly
competitive products to a country in: Free trade agreement with U.S. Andean Trade Preferences Act African Growth and Opportunity Act Caribbean Basic Economic Recovery Act Increased import or threat of increased
imports
CERTIFICATION CRITERIASECONDARY-UPSTREAM
Separations or the threat thereof Supplies components directly
incorporated in primary product Either
Components supplied to primary are 20% of total business or more, or
Loss of business with primary contributed importantly to separations
CERTIFICATION CRITERIASECONDARY-DOWNSTREAM
Separations or the threat thereof Value-added finishing processes for
primary Loss of business with primary
contributed importantly to separations Import impact on primary from Canada
or Mexico only
ATAA - DTAA FINDINGS
Workers must request certification for ATAA on petition
DTAA must establish three additional facts Significant number of workers are 50 or older Skills not readily transferable Competitive conditions in industry
SECONDARY WORKERS
Directly related to primary firms whose workers are certified
Upstream – supply components Downstream – perform finishing
operations “First tier” only
STATE OBLIGATIONS Determinations and redeterminations Use of State law Appeals and hearings State agency rulemaking Overpayments Recordkeeping Information, reports, and studies
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