TRADE PROGRAM in Massachusetts

Trade Reform Act of 2002

Phone Process

Dial main number (617-626-6007) Introduction gives you options;

Option 1: Clients Option 2: Vendors Option 3: TRA

TRA Unit: 617-626-5221 (phone)

Mail Address

Invoices, travel, and or reimbursement payments should be sent to:

DCSAttn TRADE Unit19 Staniford St.PO Box 8370Boston, MA 02114

Key References

Trade Act of 1974, as amended 19 USC 12

Public Law 107-210 (Trade Act of 2002)

TEGL 11-02 (October 10, 2002)

Change 1 – 11/06/2003 Change 2 – 08/10/2004 Change 3 – 05/25/2006

20 CFR 617

Alphabet SoupSpeaking the Language of Trade

ATAA = Alternative Trade Adjustment AssistanceCSA = Cooperating State AgencyDOL = U.S. Department of LaborDTAA = Division of Trade Adjustment AssistanceETA = Employment and Training AdministrationGSA = Governor Secretary AgreementHCTC = Health Coverage Tax CreditRR = Rapid ResponseTAA = Trade Adjustment AssistanceTRA = Trade Readjustment AssistanceUI = Unemployment InsuranceWIA = Workforce Investment ActWP = Wagner-Peyser Act

Purpose

To assist individuals, who became unemployed as a result of increased imports, in returning to suitable employment as soon as possible.

Trade Programs

Trade Act (sometimes referred to as TAA Programs)Trade Adjustment Assistance Program (TAA Programs)

Benefits Available:TrainingTravel AllowancesJob Search AllowancesRelocation AllowancesTrade Readjustment Allowances (TRA) Waivers from TrainingATAA-Alternative Trade Adjustment AssistanceHealth Coverage Tax Credit (HCTC) (Please note that as of January 1, 2014 the tax credit will no longer be available. Please visit the HCTC Expiration for more information regarding how this will affect the Monthly and Yearly HCTC.)

TAA Benefits are administered by the Division of Career Services (DCS)

Trade Readjustment Allowances (TRA) are administred by the Division of Unemployment Assistance (DUA)

A Petition is filed and then what happens?

DOL works to investigate and issue a determination for the Petition within 40 days.

If the Petition is certified, the Trade Unit provides the following notices upon certification:

Interested Parties Notice – Notification of the certification of a company is sent to vocational schools and community colleges, along with career centers, throughout the state.

Legal Notice – A legal notice is placed in a large newspaper in the area where the company is located or the majority of workers reside.

Individual notices to each affected worker - DCS provides individual notices to both present and former employees of the certified company.

In order to provide Individual Notices, DCS: Contacts Rapid Response to obtain lists of affected employees from the company. Requests a list of UI claimants from DUA (Division of Unemployment Assistance).

(MOSES/Reports)

Co-Enrollment

Wagner-PeyserDislocated Workers

Sense of Congress

SEC. 125. DECLARATION OF POLICY; SENSE OF CONGRESS.

(a) DECLARATION OF POLICY.—Congress reiterates that, under the trade adjustment assistance program under chapter 2 of title II of the Trade Act of 1974, workers are eligible for transportation, childcare, and healthcare assistance, as well as other related assistance under programs administered by the Department of Labor.

Secretary’s Responsibility§2295 - Employment services The Secretary shall make every reasonable

effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in section 2864 (c) of title 29. The Secretary shall, whenever appropriate, procure such services through agreements with the States.

Regulations20 CFR 617.20 Refer each adversely affected worker to the State

agency responsible for training and other reemployment services in a timely manner

Must Provide: TRA determinations Register participants for Labor Exchange

Determination of marketability Counseling, testing, placement Supportive Services Job Search assistance Development of a training plan, if appropriate

Wagner-Peyser All Trade participants should be

enrolled in labor exchange Marketability must be tested before a

participant may receive training Labor Market Information must be used in

this process Appropriate Workshops

Resume building, interviewing skills, etc. Should be provided up front to those deemed to be

marketable Should be provided before the conclusion of

training for those in approved training

Dislocated Workers

All Trade participants are potentially eligible for the WIA Dislocated Worker program

ETA holds that all Trade-eligible participants are Dislocated Workers Provides for in-depth assessment of

participants Provides for ongoing case

management

Deadline and ECs

Deadlines – Congressional Intent

TEGL 11-02 “These deadlines may be waived for

specified reasons… However, the intent of the time limitations is that adversely-affected workers who are in need of training be enrolled in training quickly in order to expedite their adjustment and reemployment.”

8/16 Week Deadline

Participant must be enrolled in training no more than: 8 weeks from the date of the petition certification; OR 16 weeks from the worker’s most recent total separation

from adversely affected employment 45-day “extenuating circumstance” extension is possible

TRA eligibility: From TEGL 11-02, Change 3 - The above does not apply

to be eligible for TRA, if the determination is made before the training deadlines.

A worker may receive TRA prior to the 8/16 if all other eligibility has been met in the Section 231(a) of the Act.

Once the enrollment deadline (8/16) is reached, the training requirement must be met: enrolled in training or receipt of a waiver.

“Enrolled in Training” 20 CFR 617.11(a)(2)(vii)(D)

“Enrolled in training” means that the worker’s application for training has been approved by the CSA and that the training institution has furnished written notice to the CSA that the worker has been accepted into the approved program which is to begin within 30 days of such approval.

Once enrolled in training, a participant is no longer subject to work search requirements

Extenuating Circumstances

Definition: • 45 days after the later of the dates specified: the last

day of the 16th week after the worker’s most recent total separation or the last day of the 8th week after the week in which the Secretary issues a certification

• The “Secretary” determines if there are extenuating circumstances that justify an extension in the enrollment period – the state acts as the Secretary in this case• TEGL 11-02 and TEGL 11-02, Change 1 set the

definition of extenuating• Must be applied uniformly• Does not yield to state law. Justifiable or Good

Cause exceptions in state law DO NOT apply.

Extenuating Circumstances

TEGL 11-02 “Extenuating circumstances” are

situations that could arise when training programs are abruptly cancelled or where the first available enrollment date is past the end of the 60-day period, as well as in cases where a worker suffers injury or illness that adversely affects the worker’s ability to enroll in training.

Extenuating Circumstances TEGL 11-02, Change 1

“Under certain extenuating circumstances, the 8/16 week deadline for enrollment may be extended for up to 45 days. TEGL No. 11-02 explained the definition of ‘extenuating circumstances.’ That definition applies and includes situations that could arise, such as when a worker has been enrolled in a training program that is abruptly cancelled, where a worker suffers injury or illness that adversely affects the worker’s ability to enroll in a training program, or other events where the states can justify and document that the application of extenuating circumstances is warranted.” emphasis added

Defining “Extenuating” There is no single, universally endorsed definition of extenuating

In general, the situation must be beyond the individual’s immediate control, must be unusual and/or infrequent, unexpected and significantly disruptive.

Washington State Code “Extenuating circumstances include but are not limited to unusual or

infrequent events like an unforeseen natural event…” College & Universities

“Normally such circumstances will include serious illness, hospitalization, accident, family bereavement or other serious personal or emotional circumstances.”

“Extenuating circumstances are normally defined as circumstances which are unexpected, significantly disruptive and beyond a student’s control, and which may have affected his/her academic performance.”

“Bereavement, hospitalization, active military duty, incarceration, domestic displacement…”

Trade Readjustment Assistance (TRA)

Basic TRAAdditional TRARemedial TRA

What are the requirements for receiving income support?

8/16 Deadline Must be met to receive Any TRA Basic TRA

Worker must be in TAA-approved training or on a waiver from training unless it is prior to the 8/16 deadline

Additional TRA Bona fide training application must be filed within 210 days

(presumably satisfied by 8/16 deadline) Worker must attend training each week No waivers are permitted Additional TRA is only available for up to 52 consecutive

weeks (missing weeks cannot be made up) Remedial TRA

May only be paid to remedial education participants Worker must attend training each week While remedial education can take place at any time within

the training program, the remedial TRA may only be paid at the end

Limitations

UI and Basic TRA = 52 weeks Additional TRA (if in training) = 52 weeks

max. = 104 weeks

up to Remedial Education TRA: = 26 weeks

(max.) = 130 weeks

MAX

Trade Readjustment Allowances

TRA is available to eligible individuals who are adversely affected workers covered under a certification of group eligibility.

To receive TRA, individuals also must: Meet a wage and employment requirement Be (or have been) entitled to and have

exhausted unemployment Be enrolled in or participating in TAA-approved

training, have completed such training, or have obtained a waiver of the training requirement.

Qualifying TRA Requirements

An individual must Be an adversely affected worker Have a first qualifying separation occur on or after

the impact date of the certification & before the expiration of the 2-year period beginning on the date of certification

Have 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of the firm in a 52-week period ending with the wk. of the first qualifying separation.

The individual must have been entitled to (or would have been entitled had they applied) UI for a week within the benefit period of the individual's first qualifying separation

Qualifying TRA requirements (cont.)

Have exhausted all rights to UI to which the individual was entitled

(1) Accept any offer of suitable work & apply for any suitable work the individual is referred by a State, & (2) actively engage in seeking work & provide tangible evidence of such efforts, & (3) register for work and be referred by the state agency to suitable work, AND

(1) be enrolled in or participating in a TAA-approved training program approved by the state agency or (2) have completed a TAA approved training program approved by State agency after a total or partial separation from adversely affected employment (3) have received form the state agency a written statement waiving the TAA participation-in-training requirement (617.11 (a) (2) (i) –(iv) )

TRA - General Is payable for a 104 week eligibility period

that begins with the first week following the week in which a total qualifying separation occurred

The qualifying separation must occur within the group certification period Qualifying separation

For an individual to qualify as an adversely affected worker and for TRA

Meets all requirements of 617.11(a)(2)(i)–(iv)

Must have a first qualifying separation defines WBA and MBA for basic TRA. [617.3(t)(3)(i)(B)]

Basic TRA Payable only upon exhaustion of UI

benefits Up to 26 weeks of payments

In Massachusetts, this is reduced to 22 since the Commonwealth pays 30 weeks of UI

Participant must be in full-time training or on a waiver from training

Participant must meet the 8/16 deadline

• A worker can receive the additional 52 weeks of TRA only if they are participating in approved training (including allotted breaks in training)

• In order to receive additional benefits, workers must have met the 8/16

• If an individual becomes entitled to UI after commencing receipt of TRA, then they must exhaust their UI; however, their 52 week eligibility continues to run

Additional TRA

• Benefit available for those who need remedial education to facilitate reemployment

• Leads to employment or training• Remedial education can occur concurrently with other

training• Example: Basic math & writing skills, English as a second

language, courses leading to a GED• Up to 26 weeks of remedial education may be provided.

• TRA payments for remedial education weeks are made at the end of the “regular” TRA period

• Brings total available weeks of benefits to 130• Further addressed in TEGL 15-03

Remedial Training & TRA

Mission of Training

Trade’s Axiom:

The least amount of training at the lowest possible cost in the shortest amount of time to be

able to obtain “suitable employment”.

6 Criteria for Retraining There is no suitable employment (which may include

technical and professional employment) available for the adversely affected worker. *

The worker would benefit from appropriate training. There is a reasonable expectation of employment following

completion of such training. Training approved by the Secretary is reasonably available

to the worker from either governmental agencies or private sources (which may include vocational education schools and employers.)

The worker is qualified to undertake and complete such training.

Such training is suitable for the worker and available at a reasonable cost.

* Suitable employment is defined in the Trade Regulations as work of an equal or higher skill level and with a wage of at least 80% of the worker’s prior average weekly wage.

Training under Trade Case Management/Follow-up Case Notes Full-time FIRST consideration must be given to LOWEST

COST training provider in the client’s commuting area

Effects of Withdrawing/Disqualifications Leaves of Absence Justifiable Cause Effects of Recalls;/Temporary or Part-Time

employment

Waivers

There are now 6 SPECIFIC situations when training can be waived:

Worker is subject to recall within 6 months (must provide written notification of recall)

Worker possesses marketable skills (must provide resume, assessment, etc.)

Worker is in poor health (must provide Doctor’s note)

Worker is near retirement (must provide documentation that worker is within 2 years of meeting the requirements for Social Security or Privately Sponsored Pension

Waivers Con’t.

Delay in first available enrollment date for training (first available enrollment must be within 60 days after a determination (training approval) is made)

Training funds are not available under TAA or other Federal Laws (training is not available at a reasonable cost or training funds are not available) Note: The conditions under which this

waiver is being granted must be reviewed at the end of the thirty-day period. Job Search information MUST be submitted every 30 days with a request to extend the Waiver.

ATAA GROUP Requirements

Significant number of workers at the firm are 50 + Workers possess skills that are not easily

transferable Consider competitive conditions in the workers’

industry

ATAA INDIVIDUAL Requirements

Obtained reemployment not more than 26 weeks after date of separation

At least 50 years old Does not earn more than $50,000 per

year (wages only) Employed full-time Does not return to employment from

which worker was separated

ATAA Allowances 50% of the difference between

reemployment wages and wages earned at separation

Payments cannot last more than 2 years Total of payments cannot exceed $10,000

over a 2 year periodHealth Insurance Tax Credit

Only while in ATAA Not to exceed 2 years

Relocation Allowances

Please note that as of January 1, 2014 the tax credit will no longer be available. Please visit the HCTC Expiration for more information regarding how this will affect the Monthly and Yearly HCTC.

Health Coverage Tax Credit (HCTC)

Health Coverage Tax Credit (HCTC)

3

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Performance GOALS for TAA

The 2008 National Goals for Trade are: Entered Employment Rate:          72% Employment Retention Rate:       86% Average Earnings :                   

$12,000