TRADE PROGRAM in Massachusetts

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TRADE PROGRAM in Massachusetts

• Trade Reform Act of 2002

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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)

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Mail Address

• Invoices, travel, and or reimbursement payments
  should be sent to
• DCS
• Attn TRADE Unit
• 19 Staniford St.
• PO Box 8370
• Boston, MA 02114

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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

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Alphabet SoupSpeaking the Language of Trade

• ATAA Alternative Trade Adjustment Assistance
• CSA Cooperating State Agency
• DOL U.S. Department of Labor
• DTAA Division of Trade Adjustment Assistance
• ETA Employment and Training Administration
• GSA Governor Secretary Agreement
• HCTC Health Coverage Tax Credit
• RR Rapid Response
• TAA Trade Adjustment Assistance
• TRA Trade Readjustment Assistance
• UI Unemployment Insurance
• WIA Workforce Investment Act
• WP Wagner-Peyser Act

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Purpose

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

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Trade Programs

• Trade Act (sometimes referred to as TAA Programs)
• Trade Adjustment Assistance Program (TAA
  Programs)
• Benefits Available
• Training
• Travel Allowances
• Job Search Allowances
• Relocation Allowances
• Trade Readjustment Allowances (TRA)
• Waivers from Training
• ATAA-Alternative Trade Adjustment Assistance
• Health 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)

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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)

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Co-Enrollment

• Wagner-Peyser
• Dislocated Workers

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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.

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Secretarys 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.
  

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Regulations

• 20 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

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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

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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

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Deadline and ECs
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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.

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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 workers 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.

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Enrolled in Training

• 20 CFR 617.11(a)(2)(vii)(D)
• Enrolled in training means that the workers
  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

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Extenuating Circumstances

• Definition
• 45 days after the later of the dates specified
  the last day of the 16th week after the workers
  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.

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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 workers
  ability to enroll in training.

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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 workers
  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

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Defining Extenuating

• There is no single, universally endorsed
  definition of extenuating
• In general, the situation must be beyond the
  individuals 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 students
  control, and which may have affected his/her
  academic performance.
• Bereavement, hospitalization, active military
  duty, incarceration, domestic displacement

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Trade Readjustment Assistance (TRA)

• Basic TRA
• Additional TRA
• Remedial TRA

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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

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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

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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.

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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

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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) )

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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)

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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

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Additional TRA

• 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

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Remedial Training 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

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Mission of Training

• Trades Axiom
• The least amount of training at the lowest
  possible cost in the shortest amount of time to
  be able to obtain suitable employment.

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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
  workers prior average weekly wage.

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Training under Trade

• Case Management/Follow-up
• Case Notes
• Full-time
• FIRST consideration must be given to LOWEST COST
  training provider in the clients commuting area
• Effects of Withdrawing/Disqualifications
• Leaves of Absence
• Justifiable Cause
• Effects of Recalls/Temporary or Part-Time
  employment

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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 Doctors
  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

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Waivers Cont.

• 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.

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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

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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

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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 period
• Health Insurance Tax Credit
• Only while in ATAA
• Not to exceed 2 years
• Relocation Allowances

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Health 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.

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Health Coverage Tax Credit (HCTC)
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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