The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs PowerPoint PPT Presentation

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Title: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs


1
The Trade Adjustment AssistanceandTrade and
Globalization Adjustment AssistancePrograms
2
Contact Information
  • Carol Elwell
  • TAA Coordinator
  • NYS Department of Labor
  • Division of Employment and Workforce Solutions
  • Telephone (518) 457-7455
  • usacae_at_labor.state.ny.us

3
Agenda
  • General Information
  • Program Benefits
  • Petition Entitlement Process
  • Training
  • TRA
  • Training Waivers
  • Waiver/Training Determinations, etc.

4
Agenda Continued
  • Job Search Allowances Determination Form
  • Relocation Allowances Determination Form
  • ATAA RTAA
  • HCTC
  • Agent vs. Liable State
  • Case Management, Employment/ Training Plans
    OSOS Data Recording
  • Questions Answers

5
Trade Adjustment Assistance Trade and
Globalization Adjustment Assistance Act
  • TAA was established to help trade-affected
    workers who lose their jobs due to increased
    imports and shifts in production. TGAA expanded
    coverage to include threatened workers, service
    industry, and public agency workers as well as
    shifts to all foreign countries.

6
TAA TGAA
  • Trade Adjustment Assistance (TAA) program founded
    in 1974 amended in 2002.
  • Trade and Globalization Adjustment Assistance Act
    (TGAA) enacted in 2009.

7
KEY DATE May 18, 2009
  • All petitions certified before 5/18/09 are
    covered by TAA program rules. These petitions
    will be numbered between 40000 and 69999.
  • Petitions filed on or after 5/18/09 are covered
    under the new TGAA program rules. These
    petitions will be numbered 70001 and above.

8
A Focus On Training
Workers who receive training have higher entered
employment rates, longer retention rates and
higher post average earnings than their
counterparts who dont receive training.
9
Program Benefits include
  • Rapid Response
  • Reemployment Services
  • Counseling
  • Resume writing and interview skills workshops
  • Career assessment
  • Job development services
  • Job search programs
  • Job referrals

10
Program Benefits Continued
  • Training
  • TRA Income Support
  • Job Search Allowances
  • Relocation Allowances
  • Health Coverage Tax Credit

11
The Petition Entitlement Process
  • First step is to file a petition for
    certification with USDOL.
  • Petitioners can complete the form on-line or fax
    or mail it to USDOL.
  • Petitioners must also send the form to the State
    TAA Coordinator. New York State petitions should
    be faxed to NYS TAA Coordinator at 518-485-2577.

12
Petitions May Be Filed By
A State/Local Agency Representative from the
local One-Stop Center
  • Group of 3 workers from the same firm at the
    same location

A company official
A union official
13
Petition Specifics
  • If a group of workers are certified, the
    certification will cover all workers in the group
    even if they were not named specifically on the
    petition.
  • The petition, if filed by a group of workers,
    must be signed by all three petitioners.
  • The petition, if filed by any other authorized
    representative, requires only 1 signature.

14
Petition Specifics
  • Section 4 - Affirmation of Information must be
    signed and dated.
  • Petition forms must be submitted within 1 year
    from the date on which the workers were separated
    or had their hours or wages reduced.
  • Petitions cannot be filed earlier than 40 days
    before the workers separation or reduction in
    hours/wages, or when a WARN notice has been
    filed.

15
USDOL Petitions
  • Decision rendered within 40 days of receipt.
  • To check status go to www.doleta.gov/tradeact/t
    aa/taa_search_form.cfm
  • OTAA will issue a Certification Regarding
    Eligibility to Apply for Worker Adjustment
    Assistance. The Certification will specify the
    impact period (beginning and end dates).

16
Appeal Process
  • OTAA will issue a Negative Determination
    Regarding Eligibility to Apply for Worker
    Adjustment Assistance. (TAA denial)
  • Determinations are published in the Federal
    Register. An appeal or reconsideration request
    must be submitted in writing within 30 days of
    publication.

17
Appeal Process
  • Workers denied certification may also seek
    judicial review following initial petition denial
    or denial following administrative
    reconsideration.
  • Appeal for judicial review are filed with the
    Case Management Supervisor at the U.S. Court of
    International Trade within 60 days of the Federal
    Register publication or administrative
    reconsideration denial.

18
The Entitlement Process
  • USDOL informs NYSDOLs TAA and TRA Coordinators
    when determinations are issued.
  • NYSDOLs TAA Coordinator forwards determinations
    to WIB Director, DOL Team Leader, local TAA
    Coordinator local Rapid Response Specialist.
  • NYSDOLs Special Programs Unit staff contacts the
    employer to obtain a list of all trade-affected
    workers.

19
Entitlement Process
  • TA720 Application for Trade Adjustment
    Assistance Is mailed to potentially entitled
    trade-affected workers.
  • TA720 application is used to determine individual
    entitlement to TAA, TRA, ATAA or RTAA.

20
TAA Entitlement
  • Worked at least one day during the impact period
  • Separated under qualifying circumstances (i.e.
    lack of work).

21
TRA Entitlement
  • To be TRA entitled, workers must have
  • Worked for the trade-affected employer a minimum
    of 26 weeks
  • Earned more than 30 per week within the 52 week
    period prior to separation and
  • Became enrolled in training or issued a waiver
    from training before training enrollment deadline.

22
Outreach
  • A list of workers who receive the TA720
    application is sent to WIB Director, DOL Team
    Leader, local TAA Coordinator, and local Rapid
    Response Specialist.
  • Each local area is responsible for providing
    outreach to those who reside in their area.
  • Outreach includes, but is not limited to
    advising workers on the benefits of TAA, where to
    obtain benefits and services and how to complete
    the TA720 application.

23
TA722 Notice of Entitlement
  • TA722- Determination of Entitlement to Trade
    Adjustment Assistance Is mailed to
    trade-affected workers who are found entitled.
  • TA722 notice advises the trade-affected worker of
    their individual entitlement to TAA, TGAA, TRA,
    ATAA, and RTAA.

24
TA722 Notice of Entitlement
  • Identifies the programs for which the
    trade-affected worker has been found entitled.
  • Includes the trade-affected workers training
    enrollment deadline date.
  • Instructs the trade-affected worker to schedule
    an appointment with a One-Stop Center
    representative before their training enrollment
    deadline.
  • Instructs the trade-affected worker to bring the
    TA722 with them to the appointment.

25
Exceptions to the Training Enrollment Deadline
  • A 45-day extension to the training enrollment
    deadline can be requested only when there are
    extenuating circumstances beyond the
    trade-affected workers control for missing the
    training enrollment deadline.
  • Requests will be considered on a case-by-case
    basis by the Director of the Special Programs
    Unit.
  • A waiver from training should not be issued until
    confirmation that the 45-day extension has been
    granted.

26
HELPFUL TIP
  • If the Training Enrollment Deadline date on the
    TA722 falls on a Wednesday, a 45-day extension
    has already been granted to the trade-affected
    worker.

27
Additional Exception to theTraining Enrollment
Deadline
  • Under the Trade Globalization Adjustment
    Assistance Program
  • Failure of the State to notify the worker of
    their entitlement justifies an extension of the
    eligibility periods to the Monday of the first
    week occurring 60 days after notification.

28
Training Comparison Duration
  • Trade Adjustment Assistance
  • Maximum Duration for Training 104 instructional
    weeks or 130 instructional weeks when remedial
    education is warranted.
  • Trade Globalization Adjustment Assistance
  • Maximum Duration for Training 130 instructional
    weeks or 156 instructional weeks when remedial or
    pre-requisite education is warranted.

29
Training Comparison Full-Timeand Part-Time
  • Trade Adjustment Assistance Training must be
    full-time unless part-time semester is the last
    semester and courses taken are final courses
    needed for graduation OR part-time semester is
    next to last semester and the final semester is
    for full-time internship, practicum or student
    teachings.

30
Training Comparison Full-Timeand Part-Time
  • Trade Globalization Adjustment Assistance
    Training can be full-time or part-time. However,
    full-time training is required to receive TRA
    benefits.

31
Training Comparison Training Plans
  • Trade Adjustment Assistance TAA training
    approval requires the training facility and
    course to be on the States Eligible Training
    Providers List.

32
Training Comparison Training Plans
  • Trade Globalization Adjustment Assistance TAA
    training approval no longer requires course
    selection from the States Eligible Training
    Provider List. However, if WIA funds are used to
    pay for any portion of the training cost, the
    facility and course must be on the States
    Eligible Training Provider List.

33
Training Comparison Start Date
  • Trade Adjustment Assistance Workers cannot
    begin approved training until they have been
    totally or partially separated from adversely
    affected employment.
  • Trade Globalization Adjustment Assistance
    Workers may begin approved training when
    threatened with separation from adversely
    affected employment.

34
6 Criteria for Training Approval
  • No suitable employment considering current labor
    market conditions
  • Worker would benefit from training
  • Reasonable expectation of employment as a result
    of the training
  • Training available at a reasonable cost
  • Worker is qualified to take and complete
    training and
  • Workers financial ability.

35
Approvable Training
  • One training per petition no time limit.
  • Training is approvable for an eligible
    trade-affected worker regardless of eligibility
    for UI/TRA or benefit status.
  • Training must be suitable available at a
    reasonable cost. Includes transportation and/or
    subsistence costs where applicable. Costs are to
    be reimbursed at the current General Services
    Administration (GSA) mileage rate.

36
Approvable Training - Continued
  • Training must be of suitable duration not more
    than 130 instructional weeks under TAA or 156
    instructional weeks under TGAA.
  • Remedial Training as a Stand-Alone is approvable
  • Distance Learning (on-line) is approvable.
  • Apprenticeship training programs are now
    approvable under the Trade Globalization
    Adjustment Assistance Program.

37
OJT General Conditions
  • Employers can be reimbursed if they train, in the
    customary work environment and hire a trade
    affected worker who does not already possess the
    skills needed to perform the job.
  • The job for which the eligible worker is being
    trained is not created in a promotional line that
    will infringe upon the promotional opportunities
    of currently employed individuals.

38
OJT General Conditions
  • The employer must provide no less than 240 hours
    (6 weeks) and no more than 1,040 hours (26 weeks)
    of reimbursable training.
  • No more than 25 of an employers permanent
    full-time workforce can be included in an OJT
    contract at any one time.

39
OJT General Conditions
  • No currently employed worker is or will be
    displaced including partial displacements such
    as reduction of hours, wages, or employment
    benefits.
  • No other individual is on layoff from the same or
    substantially similar job for which such eligible
    worker is being trained.

40
OJT General Conditions
  • The employer has not terminated the employment of
    any regular employee with the intention of
    filling the vacancy so created by the hiring of
    the eligible worker.
  • Reimbursement cannot average more than 50 of the
    wages paid by the employer during the training
    period.

41
OJT General Conditions
  • An employer who fails without good cause to
    retain the eligible worker trainee after the
    traineeship period will not receive further
    TAA-OJT agreements.

42
Policy Change
  • Funding Caps on TAA Approved Training are
  • Training Program Up to 52 weeks - 8,250
  • Training Program Up to 104/130 weeks for TAA and
    130/156 for TGAA - 15,000
  • The above caps represent the total amount of TAA
    funds that can be approved. The total cost of
    training may exceed these caps but must be
    covered by another funding source, such as but
    not limited to WIA, Pell, employer contribution,
    scholarships.

43
Non-Approvable Training
  • Correspondence courses
  • Self-paced training programs
  • Training that requires the worker to pay any part
    of the total cost of training
  • Training that costs more than what other students
    pay
  • Replacement of paid items or costs to take failed
    or uncompleted courses.

44
Non-Approvable Training - Continued
  • Training shorter than 150 instructional hours is
    not deemed sufficient. Courses shorter than 150
    hours should not be approved without sufficient
    justification.
  • Training should not be approved for an occupation
    involving self-employment, commissions or tips
    unless the probability for employment upon
    completion is exceptionally high. One-Stop
    Operator and WIB Director must approve any
    exceptions.

45
Requests for TAA Funds for Training/Training Plan
Detail
  • Requests can be submitted no earlier than 60 days
    before the training start date.
  • Multiple requests will need to be submitted if
    the training program spans more than one federal
    fiscal year (October 1 September 30).
  • One-Stop staff complete and submit form via email.

46
Amending a Training Program
  • A training program may need to be amended for
    various reasons such as delay due to low
    enrollment in training program, struggling in
    classes, and unforeseen personal or family issues.

47
Amending a Training Program
  • Preferable to amend the program for an objective
    in the same occupational family.
  • Training program can be amended to include
    remedial training.
  • Funds cannot be used to pay for a failed course
    twice.

48
Weekly Request for Allowances by Worker in
Training (TA923.1)
  • To certify TRA benefits the Weekly Request for
    Allowances by Workers in Training form must be
    used.
  • The form is used for TRA eligible individuals to
    request a TRA payment while in training.
  • Responsibility of the claimant to complete and
    submit weekly.

49
TRA- Duration of Benefits
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
26 weeks of regular UI 26 weeks of Basic TRA Up to 52 weeks of Additional TRA benefits while attending TAA approved training (benefits collectable within a 52 calendar week period) Up to 26 weeks of Remedial TRA while attending TAA approved remedial training 26 weeks of regular UI 26 weeks of Basic TRA Up to 78 weeks of Additional TRA benefits while attending TAA approved training (benefits collectable within a 91 calendar week period) Up to 26 weeks of Remedial or Pre-requisite TRA while attending TAA approved remedial or pre-requisite training.
50
TRA Eligibility Deadlines
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
Training Enrollment Must be enrolled in training or on a waiver from training 8 weeks after petition certification or 16 weeks after the most recent qualifying separation date whichever is later. Training Enrollment Must be enrolled in training or on a waiver from training 26 weeks after petition certification or the most recent qualifying separation date whichever is later.
51
TRA Eligibility Deadlines
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
210-Day Rule The 210-day deadline for submitting training application applies. 210-Day Rule The 210-day deadline is no longer applicable.
Important Note Under TGAA Trade-affected
workers who are able to establish a new claim
when their UI BYE expires can choose between
collecting UI or TRA benefits.
52
210-Day Rule TAA Program Only
To be eligible for Additional TRA benefits while
attending TAA approved training, the worker must
have established a bona-fide training application
date before 210 days of the most recent
separation date or petition certification date,
whichever is the later date. The Date Training
Plan Started identified on the workers TAA
Employment Plan, Training Section J is the
workers training application date. As long as
the training application date pre-dates the
210-day deadline, the trade-affected worker has
met the eligibility requirement for receiving
Additional TRA benefits. 210-day rule applies to
Additional TRA, not Remedial TRA.
53
Definition of Enrollmentin Training
Enrollment in training means that the trade
affected workers application for training has
been approved, the training institution has been
approved, the training institution has furnished
written notice that the trade-affected worker has
been accepted, and the training is to begin
within 30 days of the approval.
54
Most Recent QualifyingSeparation Date
Trade-affected workers, who are recalled back to
work, may be able to establish a more recent
qualifying separation date if they work 26 weeks
or more within the 52 week period as of their
most recent layoff date. A new training
enrollment deadline and 210-day deadline (when
applicable) will be established for these
workers. No guarantee the recall will result in
a more recent qualifying separation date.
55
Waiver from Training
  • There are six criteria for issuing a Waiver from
    Training
  • Recall
  • Marketable Skills
  • Near Retirement
  • Health
  • Enrollment Unavailable
  • Training Not Available
  • Waivers are issued through the Trade Act Tracker
    System with signed copies retained in case file.

56
Waiver Reviews Policy Change
The initial Waiver from Training for all waiver
types, except Near Retirement, can now be issued
for a 90-day period. However, One-Stop staff
must contact the trade-affected worker at 30 day
intervals during the waiver period to discuss
re-employment efforts, to offer assistance with
re-employment, and to discuss training options.
All subsequent waivers from training are issued
for 30 day intervals. Near Retirement waivers
can be issued for the full 26 week period for
which the trade-affected worker is eligible to
receive Basic TRA benefits. Seated waiver
reviews every 30 days are not required however,
30 day contact calls are required.
57
TA-2 TRA Additional Eligibility Rules Agreement
  • Provided to trade-affected worker during the
    first waiver review appointment.
  • If worker agrees to terms, one copy given to work
    the other faxed or mailed to the Special
    Programs Unit.

58
Job Search Requirement
  • Workers issued a Waiver from Training are
    expected to look for work. There are guidelines
    for individuals receiving UI or TRA.
  • UI Weeks 1-13 Expected to seek accept suitable
    employment.
  • UI Weeks 14-26 Must meet Extended Benefits (EB)
    work test requirements.

59
Job Search Requirement - Continued
  • TRA Weeks 27- 52 Trade-affected workers must
    submit positive evidence of work search,
    including a list of at least five contacts per
    week. This work search requirement must be
    documented on the trade-affected workers Weekly
    Request for Payment and Record of Job Search (TA
    952.1)

60
Request for Payment Record of Job Search TA
952.1
  • Used to certify TRA benefits and receive Basic
    TRA payment.
  • Records job search efforts.
  • Responsibility of the trade-affected worker to
    submit weekly request.

61
Waiver Determination
  • Instances where waiver from training cannot be
    issued or must be revoked require the completion
    of a Waiver Determination.
  • A Waiver Determination is the vehicle for a
    trade-affected worker to request a fair hearing.
  • The only time One-Stop staff can revoke a waiver
    is due to enrollment in TAA approved training

62
Waiver Determinations
  • Reasons to revoke or not issue a Waiver from
    Training include, but are not limited to
  • Worker missed training deadline
  • Worker secured new full-time employment
  • Worker is withdrawing from labor market
  • Worker refuses training yet has been deemed in
    need of training
  • Worker fails to attend scheduled waiver review
    appointment without justification

63
Waiver Revocation Process Change
  • Waivers revoked due to recall or new employment
    requires One-Stop Center staff to send an email
    to the Waiver Determinations mailbox.
  • Recall email needs to include workers name, OSOS
    ID, and date worker returned to work.
  • New employment email should include workers
    name, OSOS ID, name of new employer, title,
    hourly wage FT/PT status.

64
Training Determination
  • Instances where a trade-affected workers
    training program cannot be approved requires the
    completion of a Training Determination.
  • A Training Determination is the vehicle for a
    trade-affected worker to request a fair hearing.

65
Training Determinations
  • A training determination is issued when
    training cannot be approved or when approval is
    withdrawn. Reasons include, but are not limited
    to
  • Employment opportunities exist
  • Employment opportunities in the requested
    training area is unreasonable or limited
  • Training duration exceeds maximum period allowed
  • Training is available elsewhere at a more
    reasonable cost
  • Training is not the plan outlined in the
    trade-affected workers TAA Employment/Training
    Plan
  • Worker unqualified for training
  • Worker lacks financial resources to complete
    training.

66
Training Completed/Termination Notice
  • Notice needs to be completed when worker
    completes TAA approved training or withdraws from
    training.
  • Staff need to indicate if the termination was
    voluntary or involuntary.
  • If withdrawal was without good cause, One-Stop
    Center staff will need to submit both a Training
    and a Waiver Determination because the worker is
    no longer TRA eligible.

67
De-Obligation of Unexpended TAA Training Funds
  • All unexpended TAA funds need to be de-obligated
    when training is completed or terminated.
  • One-Stop Center staff should follow local process.

68
Job Search Allowances
  • Job search allowances can be paid to
    individuals to attend job interviews within the
    United States. However, the applicant must
  • Be totally separated from adversely affected
    employer at time of job search
  • Be registered with the One-Stop Center
  • Have no reasonable expectation to secure
    employment within commuting distance of 1 by
    private transportation or 1 ½ hours by public
    transit.
  • Verify that the travel is for a job interview
    complete the job search in a reasonable period of
    time not to exceed 30 days.

69
Job Search Allowances
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
90 of covered expenses may be reimbursed up to 1,250 when demonstrated that interview was held. 100 of covered expenses may be reimbursed up to 1,500 when demonstrated that interview was held.
70
Job Search Allowance Application
  • Multiple job search allowances are payable.
  • Application must be made before the 365th day
    of petition certification or most recent
    qualifying separation date or
  • The date that is the 182nd day after the date on
    which the worker completed the TAA approved
    training program.

71
Job Search/Relocation Allowance
Determination When the request for job search
allowance does not meet the approval criteria
previously described, one-stop staff need to
submit a Job Search/Relocation Allowance
Determination form to the wdtddeterminations_at_labo
r.state.ny.us mailbox.
72
Relocation Allowance
  • The applicant must
  • Be totally separated from the adversely affected
    employer at time of relocation.
  • Be registered with One-Stop.
  • Have no reasonable expectation of obtaining
    employment within commuting distance.
  • Have not received a relocation allowance under
    the same certification.
  • Relocate outside commuting distance, but within
    the United States
  • Obtain long-term employment or a bona fide offer.
  • Provide written verification of employment from
    employer.

73
Relocation Allowances
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
Reimburses the trade-affected worker 90 of reasonable expenses incurred in transporting the worker, the workers family and household effects for no more than 18,000 pounds. (Statutory limit for federal employees) Reimburses the trade-affected worker 100 of reasonable expenses incurred in transporting the worker, workers family and household effect no more than 18,000 pounds. (Statutory limit for federal employees)
Provides an additional lump sum payment equivalent to 3 times the trade-affected workers average weekly wage, up to a maximum payment of 1,250 to help defray the costs of relocation. Provides an additional lump sum payment equivalent to 3 times the trade-affected workers average weekly wage, up to 1,500 to help defray the costs of relocation.
74
Relocation Allowance Application
  • Relocation allowances are payable only to the
    extent that expenses exceed the amount provided
    by the interviewing employer.
  • Must be made before the 425th day after the
    petition certification date or the workers most
    recent qualifying separation or
  • The date that is the 182nd day after the date on
    which the worker completed the TAA approved
    training program.

75
Job Search/Relocation Allowance
Determination When the request for relocation
allowance does not meet the approval criteria
previously described, one-stop staff need to
submit a Job Search/Relocation Allowance
Determination form to the wdtddeterminations_at_labo
r.state.ny.us mailbox.
76
ATAA RTAA
  • Alternate Trade Adjustment Assistance (ATAA)
    program covers workers separated under the Trade
    Adjustment Assistance Program
  • Re-Employment Training Adjustment Assistance
    (RTAA) program covers workers separated under the
    Trade Globalization Adjustment Assistance
    program.
  • Both programs allow eligible workers 50 years of
    age or older to receive a 50 wage subsidy.

77
ATAA RTAA - Comparison
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
Requires separate certification of group eligibility. Separate certification of group eligibility is NO longer required.
Requires full-time re-employment within the first 26 weeks of separation. No longer requires re-employment within the first 26 weeks of separation.
Available only for workers earning less than 50,000 per year in re-employment. Available only for workers earning less than 55,000 per year in re-employment.
78
ATAA RTAA - Comparison
Trade Adjustment Assistance (TAA) Trade Globalization Adjustment Assistance (TGAA)
Maximum benefit of 10,000 over a period up to two years. Maximum benefit of 12,000 over a period up to two years.
Participants eligible for HCTC and relocation. Participants eligible for HCTC and relocation.
Participants cannot attend TAA approved training. As long as employment is not considered suitable, participants can attend TAA approved training.
79
ATAA RTAA - Comparison
TAA Trade Globalization Adjustment Assistance (TGAA)
Not applicable Participants can receive RTAA wage subsidy while working full-time and attending part-time training. Participants can receive RTAA wage subsidy while in full-time training as long as part-time employment equals 20 hours per week.
Not applicable When TRA benefits have been collected prior to RTAA enrollment, the RTAA eligibility period is reduced accordingly. Unemployment Insurance, including EB and EUC, does not reduce RTAA enrollment period.
80
Health Coverage Tax Credit (HCTC)
  • The Health Coverage Tax Credit is a federal tax
    credit available to individuals who
  • Have been determined Trade Readjustment Allowance
    (TRA) eligible or receive payment under the
    Alternative Trade Adjustment Assistance (ATAA) or
    Re-Employment Trade Adjustment Assistance (RTAA)
    programs.
  • Eligibility continues through TRA eligibility
    (trade-affected worker must certify for UI or TRA
    benefits at least once per month to maintain
    eligibility).

81
Health Coverage Tax Credit (HCTC) - Continued
  • Cannot be enrolled in Medicare or claimed as a
    dependent on another persons federal tax return.
  • Each family member must also meet these
    requirements.
  • Beginning January 2010, qualified family members
    may continue receiving HCTC for up to 24 months
    after primary eligible individual is no longer
    receiving HCTC due to certain life events such as
    divorce, death or enrollment in Medicare.

82
Agent vs. Liable State
  • Relates to trade-affected workers who relocate to
    or from New York State.
  • The liable state is responsible for paying UI and
    TRA benefits, reviewing waivers issuing final
    determinations.
  • The agent state (workers new state of residence)
    is responsible for providing TAA services. The
    agent state is not responsible for determining
    entitlement or paying benefits but is responsible
    for training, job search relocation costs.

83
Responsibilities when NYS TAA Eligible Worker
Relocates to Another State
  • Advises trade-affected worker to schedule
    appointment to continue TAA benefits/ services
    ASAP upon arriving in new state of residence.
  • Provides name of new states TAA Coordinator to
    worker.
  • Advises worker to bring all TAA related documents
    (i.e., TA722, Waivers, Training Plans).
  • Provides worker with NYS TAA Coordinator contact
    information.

84
Responsibilities when TAA Eligible Worker
Relocates to NYS
  • Responsible for providing TAA-related services to
    trade-affected worker.
  • Relocated workers will not have a Trade Act
    Tracker record or OSOS ID.
  • Determine liable state representative.
  • Create OSOS record.
  • Note Trade Act Tracker records are only
    created for TAA/TRA entitled customers from NYS.

85
Responsibilities when TAA Eligible
WorkerRelocates to NYS - Continued
  • Issues Waivers from Training on behalf of liable
    state (Waivers are transmitted to liable states
    TAA Coordinator for review and issuance).
  • Assists trade-affected workers, who are
    determined in need of training, with the
    development of a TAA approvable training programs.

86
Responsibilities when TAA Eligible
WorkerRelocates to NYS - Continued
  • Secures training funds using the same Request for
    TAA Funds for Training/Training Plan Detail
    process as you would for a NYS TAA Eligible
    trade-affected worker. Liable state training caps
    take precedent during disputes.
  • Following approval of funds, transmits training
    plan details to the liable state representative
    for review and training approval.

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Responsibilities when TAA Eligible Worker
Relocates to NYS - Continued
  • Upon confirmation and approval, record training
    service in OSOS.
  • NOTE Payment of job search and relocation
    allowances is also the responsibility of the
    agent state. You will need to follow the same
    procedure for securing TAA funds for job search
    allowances and relocation allowances as you would
    for a NYS trade-affected worker.

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Case Management
  • Comprehensive and specialized assessments
  • Development of an Individualized Employment Plan
  • Provision of information on types of training to
    assist trade-affected workers make informed
    choices
  • Provision of information on financial assistance
    (i.e., Pell Grants)
  • Pre-vocational services such as resume writing,
    interviewing skills development, profiling

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Case Management - Continued
  • Individual career counseling
  • Provision of Labor Market Information
  • Provision of information regarding supportive
    services
  • NOTE To be counted as case management, at least
    1 out of the 8 specific services must be
    provided.

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TAA Employment Plan
All trade-affected workers, by statute, are
afforded the opportunity for the development and
periodic review and update of a TAA Employment
Plan. The TAA Employment Plan serves to provide
a structure for developing a detailed
re-employment plan, to determine the need for
training, and to develop TAA approvable training
plans.
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OSOS Date Recording
The Trade Globalization Adjustment Assistance
Act of 2009 significantly revamped the reporting
requirements under the TAA programs. As a result
the data elements reported through the Trade Act
Participant Report (TAPR) have changed requiring
enhancements to the OSOS system. Enhancements to
OSOS are currently underway and the TAA OSOS
Quick Guide will be revised accordingly. In the
meantime, please refer to the OSOS TAA Quick
Guide for assistance in recording TAA-related
services and activities.
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Recording OSOS Data - Continued
  • Work history on OSOS must indicate that worker
    was dislocated due to foreign trade.
  • Workers must be dual enrolled in WIA and TAA.
  • All relevant information included on the TA722
    must be included.
  • Record training service when enrolled in TAA
    approved training.
  • Record Comments as appropriate.

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FORM COMPLETION REVIEW
Request for TAA Funds for Training/Training Plan
Details Request for TAA Funds for Job
Search/Relocation Training Determinations Waiver
Determinations Job Search/Relocation Allowance
Determination TAA Training Completed/Terminated
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Available Resources Useful Tools
  • PLEASE REFER TO THE HANDOUT IN YOUR TRAINING
    PACKET

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