the trade adjustment assistance and trade and globalization adjustment assistance programs

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The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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Page 1: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

The Trade Adjustment Assistance

andTrade and Globalization Adjustment Assistance

Programs

Page 2: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Contact Information

Carol ElwellTAA Coordinator

NYS Department of LaborDivision of Employment and

Workforce SolutionsTelephone: (518) [email protected]

Page 3: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Agenda

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

Page 4: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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

Page 5: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 6: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

TAA & TGAA

• Trade Adjustment Assistance (TAA) program founded in 1974 & amended in 2002.

• Trade and Globalization Adjustment Assistance Act (TGAA) enacted in 2009.

Page 7: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 8: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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

don’t receive training.

Page 9: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Program Benefits include:• Rapid Response

• Reemployment Services

– Counseling

– Resume writing and interview skills workshops

– Career assessment

– Job development services

– Job search programs

– Job referrals

Page 10: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Program Benefits – Continued

• Training

• TRA Income Support

• Job Search Allowances

• Relocation Allowances

• Health Coverage Tax Credit

Page 11: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 12: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Petitions May Be Filed By:

Group of 3 workers from the same firm at the same location

A union officialA company official

A State/Local Agency Representative from the local One-Stop Center

Page 13: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 14: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 15: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

USDOL Petitions• Decision rendered within 40 days of

receipt.• To check status go to:

www.doleta.gov/tradeact/taa/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).

Page 16: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 17: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 18: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

The Entitlement Process• USDOL informs NYSDOL’s TAA and

TRA Coordinators when determinations are issued.

• NYSDOL’s TAA Coordinator forwards determinations to WIB Director, DOL Team Leader, local TAA Coordinator & local Rapid Response Specialist.

• NYSDOL’s Special Programs Unit staff contacts the employer to obtain a list of all trade-affected workers.

Page 19: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 20: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

TAA Entitlement

• Worked at least one day during the impact period

• Separated under qualifying circumstances (i.e. lack of work).

Page 21: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

TRA EntitlementTo 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.

Page 22: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 23: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 24: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

TA722 – Notice of Entitlement• Identifies the programs for which the trade-

affected worker has been found entitled.

• Includes the trade-affected worker’s 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.

Page 25: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 26: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 27: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 28: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 29: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 30: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 31: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Training Comparison: Training Plans

• Trade Adjustment Assistance – TAA training approval requires the training facility and course to be on the State’s Eligible Training Providers List.

Page 32: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Training Comparison: Training Plans

• Trade & Globalization Adjustment Assistance – TAA training approval no longer requires course selection from the State’s 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 State’s Eligible Training Provider List.

Page 33: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 34: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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• Worker’s financial ability.

Page 35: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 36: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 37: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 38: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 employer’s permanent full-time workforce can be included in an OJT contract at any one time.

Page 39: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 40: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 41: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 42: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Policy ChangeFunding 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.

Page 43: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 44: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 45: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 46: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 47: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 48: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 49: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 50: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 51: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 52: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

210-Day Rule – TAA Program OnlyTo 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 worker’s TAA Employment Plan, Training Section J is the worker’s 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.

Page 53: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Definition of Enrollmentin Training

Enrollment in training means that the trade affected worker’s 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.

Page 54: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 55: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Waiver from TrainingThere 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.

Page 56: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 57: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 58: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 59: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 worker’s Weekly Request for Payment and Record of Job Search (TA 952.1)

Page 60: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 61: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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

Page 62: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Waiver DeterminationsReasons 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

Page 63: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 worker’s name, OSOS ID, and date worker returned to work.

• New employment email should include worker’s name, OSOS ID, name of new employer, title, hourly wage & FT/PT status.

Page 64: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Training Determination

• Instances where a trade-affected worker’s 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.

Page 65: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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

worker’s TAA Employment/Training Plan;• Worker unqualified for training;• Worker lacks financial resources to complete training.

Page 66: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 67: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 68: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 69: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 70: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 71: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 [email protected] mailbox.

Page 72: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Relocation AllowanceThe 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.

Page 73: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Relocation AllowancesTrade Adjustment Assistance

(TAA)Trade & Globalization

Adjustment Assistance (TGAA)

Reimburses the trade-affected worker 90% of reasonable expenses incurred in transporting the worker, the worker’s 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, worker’s 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 worker’s 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 worker’s average weekly wage, up to $1,500 to help defray the costs of relocation.

Page 74: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 worker’s 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.

Page 75: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 [email protected]

mailbox.

Page 76: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 77: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

ATAA & RTAA - ComparisonTrade 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.

Page 78: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

ATAA & RTAA - ComparisonTrade 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.

Page 79: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 80: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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).

Page 81: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Health Coverage Tax Credit (HCTC) - Continued

• Cannot be enrolled in Medicare or claimed as a dependent on another person’s 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.

Page 82: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 (worker’s 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.

Page 83: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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 state’s 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.

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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.

Page 85: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Responsibilities when TAA Eligible WorkerRelocates to NYS - Continued

•Issues Waivers from Training on behalf of liable state (Waivers are transmitted to liable state’s 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.

Page 86: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 87: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 88: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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

Page 89: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 90: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

TAA Employment PlanAll 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.

Page 91: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 92: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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.

Page 93: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

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

Page 94: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Available Resources & Useful Tools

PLEASE REFER TO THE HANDOUT IN YOUR TRAINING PACKET

Page 95: The Trade Adjustment Assistance and Trade and Globalization Adjustment Assistance Programs

Questions?