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 DOLs 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 ITAs
• 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/LWIAs 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 ITAs, 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 CRITERIAPRIMARYINCREASED 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