Employment and Training Administration Advisory System U.S. Department of Labor
Washington, D.C. 20210 |
CLASSIFICATION
OWS CORRESPONDENCE SYMBOL DUIO DATE April 25, 2003 |
ADVISORY: | UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-02, Change 2 |
TO: | STATE WORKFORCE AGENCIES |
FROM: | CHERYL ATKINSON /s/ Administrator Office of Workforce Security | |
SUBJECT: | Temporary Extended Unemployment Compensation (TEUC) Act of 2002 - Additional TEUC for Displaced Airline and Related Workers |
1. Purpose. To provide State Workforce Agencies (SWAs)
instructions for implementing the changes to the TEUC program related to
displaced airline and related workers.
2. References. Title II of the Job Creation and Worker
Assistance Act of 2002 (The Temporary Extended Unemployment Compensation Act of
2002), Public Law 107-147; Public Law 108-1; UIPL No. 30-02 dated July 5, 2002;
UIPL No. 30-02, Change 1, dated January 9, 2003; Section 4002 of Public Law
108-11, signed by the President on April 16, 2003; Section 205 of the
Federal-State Extended Unemployment Compensation Act of 1970, as amended;
Section 233 of the Trade Act of 1974; 20 CFR Part 615; ET Handbook No. 401; ET
Handbook No. 410.
3. Summary. Section 4002 of P.L. 108-11 creates special
rules for determining TEUC eligibility for certain displaced
airline and related workers, who were separated for one of the specified
reasons from a qualifying base period employer on or after September 11,
2001. In brief, such workers will
qualify for up to 39 weeks of basic TEUC (henceforth “TEUC-A”), plus up to 13
weeks of TEUC-X (henceforth “TEUC-AX”).
TEUC-A is payable for weeks of unemployment beginning with the first
week beginning after April 16, 2003, through the week ending no later than
December 28, 2003. Individuals with
TEUC-A or TEUC-AX balances remaining on December 28, 2003, can claim those
balances during the transition period which ends with the last week that begins
on or before December 26, 2004. TEUC-A claims cannot be augmented with TEUC-AX (that
is, TEUC-AX entitlement cannot be established) during the transition period.
RESCISSIONS | EXPIRATION DATE |
None | Continuing |
4. Summary of the New Provisions. For weeks of unemployment beginning after
April 16, 2003, the new provisions (see Attachment A to this UIPL) do the
following for displaced airline and related workers:
a. Prescribes that TEUC-A is
payable and monetary determinations and redeterminations may be effective
through the last week ending before December 29, 2003;
b.
Prescribes a basic TEUC-A benefit amount that is the lesser of 150
percent of the maximum benefit amount (MBA) of regular benefits of the parent
claim or 39 times the individual’s average weekly benefit amount (AWBA);
c.
Provides a TEUC-AX augmentation of 1/3 of the basic TEUC-A MBA for
“eligible individuals.”
d.
Provides a transition period during which benefits may be paid to each
eligible individual who has “an amount remaining” in his/her TEUC-A or AX
account as of December 28, 2003. The
transition period ends with the last week beginning on or before December 26,
2004.
5. Interpretation. SWAs are required to continue to follow the
Department of Labor’s interpretation of the TEUC Act and the operating
instructions previously published in UIPL No. 30-02, and
UIPL No. 30-02, Change 1, to guide states
in administering the TEUC program, except as changed by this advisory with
respect to the determination of eligibility for “eligible individuals” as
defined in Section 4002(a)(1) of Public Law 108-11.
These instructions are issued to
the states and cooperating state agencies as guidance provided by the
Department in its role as the principal in the TEUC program. As agents of the United States, the states
and cooperating state agencies may not vary from the operating instructions
without the prior approval of the Department.
The interpretations and procedures issued in this document are in
addition to those previously issued as UIPL No. 30-02, and UIPL No. 30-02,
Change 1, and apply only with respect to the TEUC determination in accordance
with the provisions of Public Law 108-11.
6. TEUC Agreements. TEUC, including TEUC-A, is administered
through voluntary agreements between states and the Department of Labor. All states have agreements with the
Secretary to administer the TEUC program under provisions of the TEUC Act. The existing agreements remain in effect,
and no new agreements are necessary.
7. Notifications.
a.
Identification and Notification of Potentially Eligible Claimants. Implementation
of the requirements of Section 4002, Public Law 108-11, requires identification
of each potentially “eligible individual,”
including each interstate claimant. To
satisfy this requirement, SWAs must send written notification to each
individual who was laid-off from a base period employer on or after September
11, 2001. SWAs must send immediate
written notification to each such individual who has exhausted all available
TEUC benefits from the beginning of the TEUC program. (SWAs are not required to contact
individuals whose separation was not due to a lay-off. As discussed in item 8.b. below, these
individuals are not eligible for TEUC-A.)
We provide the following draft notice:
Notice
Additional
benefits are now available under the Temporary Emergency Unemployment
Compensation program for unemployed airline and related workers.
If
you are currently unemployed, you should contact us if you worked in an airline
or related industry and you believe that you lost your job with a base period
employer, at least partially, as a result of terrorist actions of September 11,
2001, as a result of security responses to these attacks or the closing of an
airport, or as a result of the military conflict in Iraq.
Airline and related industries are: air carriers, businesses operating at an
airport, businesses that perform additional, value-added production processes
for air carriers or businesses providing products, supplies and services that
are received or utilized by an airline.
To distribute the workload associated with making
TEUC-A nonmonetary determinations and resulting monetary redeterminations, SWAs
should consider staggering
notifications to such individuals who are in current TEUC or TEUC-X
benefit status, allowing sufficient time to determine whether or not the
claimant is an ‘eligible individual” for TEUC-A purposes prior to
exhaustion. The notification of
claimants that are currently in regular, additional, or extended benefit (EB)
status (under the permanent EB program) can be accomplished as a notice included
with a TEUC monetary determination.
b. Notification of Media. To assure public knowledge of this special
extension of the TEUC program for airline and related workers, the SWA must
notify appropriate news media having coverage throughout the state and provide
appropriate information on its website.
8. Qualifying
Base Period Employment. Establishing base period
employment as “qualifying employment” for TEUC-A purposes is three-fold. First, the employment must have occurred “in
whole or in part” during the base period of the “applicable benefit year” for
the TEUC-A claim. Second, the
employment must be with the type of employer(s) or at the location specified
below. Third, the separation from such
employment, which may have occurred during the base period or later, must be
“in whole or in part” due to a qualifying reason specified in ‘b’ below.
a. Qualifying Employment. To satisfy the requirement for
“qualifying employment,” some base period employment must be with the type of
employer(s) or at the location specified as follows:
(1)
Air Carriers. Air
carriers for purposes of TEUC-A are limited to those that hold a certificate
issued under chapter 411 of title 49, United States Code, by the Federal
Aviation Administration of the U. S. Department of Transportation. Certificates issued under this
chapter include those issued for charter air carriers and all-cargo air
carriers. Attachment C provides a listing of all such
carriers.
(2) At a facility at an airport. A “facility at an airport”
includes any employer that is physically located on the grounds of an airport
such as:
§
Retail food facilities such as restaurants, bars,
fast-food shops, and popcorn stands.
§
Other retail facilities such as gift shops, newsstands,
clothing stores, and kiosks.
§
Hotels located on the airport grounds.
§
Aircraft maintenance and service facilities.
§
Parking facilities.
§
Car rental facilities.
§
Any other business physically located on the airport
grounds, regardless of its business activities.
A “facility at an airport” also includes any airline
related business which, although offsite, provides functions that are
integrally related to the operation of the airport. These include airport parking on privately owned land, car rental
services, or aircraft maintenance and service
facilities. Employment with the same
employer at a facility that does not meet this definition of “facility at an
airport” is not “qualifying employment” for purposes of TEUC-A.
(3) Supplier for an Air Carrier. A “supplier” is an employer that produces component parts
for, or articles and contract services considered to be a part of the
production process or services for, an air carrier or for another supplier or
upstream producer whose supplies, products or services are received or utilized
by an air carrier and used for airline industry purposes.
Example 1: A catering service that supplies an air carrier with food
purchased from another firm is a supplier.
The firm from which the food is purchased is also a supplier because it
is supplying products to a supplier that are received by an air carrier.
Example 2: An employer manufactures commercial aircraft for air carriers and
private aircraft for individuals and non-airline corporations. As a result of the terrorist action, the
employer suffers a loss of business in its private aircraft business. It loses no sales to air carriers. The employer separates some workers,
including those who manufactured commercial aircraft, because of the lost
revenues. Even though the employer
supplies air carriers and even though workers who worked on those supplies were
separated, the separated workers are not eligible for TEUC-A because there is
no loss in air carrier-related business.
Example 3: A janitorial company provides services for an aircraft
manufacturer. It does not provide
services to an air carrier. Due to a
loss in air carrier business, the aircraft manufacturer no longer has a need
for these janitorial services. As a
result, the janitorial company separates several workers. Even though these workers were separated due
to a loss of business by the aircraft manufacturer that could be traced back to
the air carrier, they are not eligible for TEUC-A because they did not supply
any item or service which was used or received by an air carrier. For eligibility, services must always extend
to an air carrier.
Example 4: An accounting firm provides accounting services for a caterer to
an air carrier. The air carrier goes
out of business because of the terrorist action. The caterer closes because the
air carrier was its sole customer. The
caterer’s closing causes the accounting firm to separate one of its employees
who provided services for the caterer.
That individual does not have “qualifying employment" because the
accounting firm is not a “supplier" within the meaning of the
statute. The accounting firm’s service
to the caterer did not extend to the air carrier.
(4) Upstream Producer for an
Air Carrier. An
“upstream producer” is an employer that “performs additional, value-added,
production processes, including firms that perform final assembly, finishing,
or packaging of articles, for another firm.”
We
are not providing an example of an “upstream producer” because the definition
of supplier appears to cover all entities eligible under the two definitions.
b. Qualifying Separations. To be in qualified employment the separation
from base period employment must be due - in whole or in part - to one or more
of the following reasons:
The separation
from “qualifying employment” that establishes a claimant as an “eligible
individual” may occur during the base period or lag period and does not have to
be the most recent separation when the “applicable benefit year” was
established.
A separation from lag period only
employment with a qualified employer does not establish an individual as an
“eligible individual.” Also, any
separation from a qualified employer due to a voluntary quit or discharge for
any reason is not a separation for a qualifying reason; the separation must be
a “lack-of-work” separation due to one or more of the reasons stated above.
c. Determining Whether a Claimant has
“Qualifying Employment” and is an “Eligible Individual”. To determine if a claimant is an “eligible
individual” for TEUC-A purposes,
SWAs must
determine if the claimant has “qualifying employment” during the base period of
the “applicable benefit year” that was used in the monetary determination for
regular benefits. In making this
determination, SWAs will follow their usual fact-finding procedures. This will require the SWA to contact
employers to determine if the employment was of the type, or performed at the
location, specified above, and if the reason for separation was one of the
reasons specified above. We have
attached a sample form that SWAs may elect to use for this purpose. SWAs may use an altered design as long
as the required information is solicited from the employer. Where, after reasonable efforts to obtain
information from the employer, the SWA does not have sufficient information to
make a determination, then SWAs should evaluate the claimant’s statement and
follow standard procedures for issuing
nonmonetary determinations. SWAs will
be expected to preserve all documents relating to the determination for audit
purposes.
In the case of
larger employers, it may be evident that the employer is an air carrier (based
on the attached listing), another type of easily identifiable large employer,
or a facility located at an airport; it will not be necessary to verify
the nature of the base period employment in such cases. As a result, when such an employer is
identified, SWAs are encouraged, in lieu of sending a form for each claimant,
to contact the employer as soon as possible to obtain a listing of all
individuals laid-off, in whole or in part, due to the reasons described above.
If the SWA
determines that the claimant is not an “eligible individual” for TEUC-A
purposes, an appealable nonmonetary determination must be issued.
9. Calculating
Entitlement to TEUC-A and TEUC-AX.
Once an individual has been identified as an “eligible individual”
qualifying for TEUC-A, the SWA will issue a monetary determination (or
redetermination as the case may be) establishing TEUC-A eligibility. Any TEUC-A balance will be payable only for
weeks of unemployment beginning after April 16, 2003.
a. TEUC-A Entitlement. TEUC-A entitlement will equal the lesser of
150 percent of the MBA of regular benefits payable to the individual during the
benefit year or 39 times the individual’s AWBA payable during the benefit year
for a week of total unemployment. If
the state includes dependents’ allowances in the calculation of the weekly
benefit amount (WBA) for regular benefits, the same rule applies to the
calculation of TEUC benefits. If the
state calculates dependents’ allowances separately from the WBA, the state will
apply the same rule to the TEUC determination.
If an individual has already been paid TEUC
or TEUC-X, the available TEUC-A balance will be reduced by the amount already
paid in TEUC or TEUC-X benefits. Any
TEUC-X previously paid is converted to TEUC-A and the TEUC-X determination is
disregarded.
b. TEUC-AX Entitlement. The amount of TEUC-AX payable equals
one-third of the TEUC-A entitlement.
This means TEUC-AX is payable up to 13 times the WBA. Whether an individual qualifies for TEUC-AX
will be determined by using the same criteria that apply to TEUC-X. Specifically, an individual must exhaust
TEUC-A during an EB or TEUC-X period as authorized by the TEUC Act.
10.
Transition Payments.
TEUC-A and TEUC-AX continue to be payable to individuals with a balance
in their TEUC account as of December 28, 2003, during the transition period
which ends with the last week beginning on or before December 26, 2004.
11. Reporting TEUC-A and TEUC-AX Activity. TEUC-A and TEUC-AX activity is reportable
under the existing TEUC reporting requirements for the ETA 207, ETA 218, ETA
227, ETA 539, ETA 2112, ETA 5130 and ETA 5159.
Please note that form ETA 2112 has changed recently. Previously, TEUC payment totals had been
reported on line 39. The totals are now
reportable on line 41. For reporting
purposes, no separation of TEUC-A and AX from other TEUC program activity is
required, with the following exception:
States are to report the total number of newly qualified TEUC-A
claimants determined during the month in the comments section of the TEUC ETA
5159 report. This total should be the
sum of new TEUC-A determinations for recent exhaustees (of regular, additional
or extended benefits, as appropriate) plus the redeterminations of existing or
previously exhausted TEUC/TEUC-X claims.
The separate financial status report
(Standard Form 269) for administrative grants and costs associated with the
TEUC program is to include costs associated with this extension related to
displaced airline and related workers (TEUC -A and TEUC-AX).
12.
Administrative Funding.
The payment of TEUC-A and TEUC-AX will involve an increase in claims
activity and one-time implementation costs.
a.
Claims. The UI-3 report will
compile workload data from the TEUC versions of the ETA 5159, ETA 207, and ETA
5130. In addition, SWAs should enter
the number of monetary redeterminations in column (a) of line 12, and a minutes
per unit value of 05.000 in column (b).
b. Implementation
Supplemental Budget Requests (SBRs).
SWAs may submit an SBR for reimbursement of TEUC-A implementation
costs. SBRs should be limited to
one-time costs for the items listed below that are attributable to
implementation of TEUC-A:
(1) Forms and supplies (e.g., printed notices
mailed
to exhaustees)
(2) Computer programming
(3) Training and travel
(4) Public notices on television, radio, or in the
newspapers
(5) Overhead related only to the above
Calculations for costs of SWA staff and
contractors should be shown in accordance with the SBR instructions in ET
Handbook No. 336. Costs for SWA staff
should be included only if they are for overtime or if the positions were
back-filled.
13. OMB Approval. The reporting instructions for the TEUC
program have been approved by the Office of Management and Budget (OMB) under
OMB Approval No. 1205-0433, expiration date December 31, 2004. However,
OMB approval is being sought for approval of the burden hours associated with
the request for employer information that is necessary for determining
eligibility for TEUC-A. ETA will notify
states upon OMB approval.
14.
Action Required. Administrators are
requested to provide this information and instructions to the appropriate
staff.
15.
Inquiries. Direct
questions to the appropriate regional office.
16.
Attachment A: Text of Section 4002, Public Law 108-11
Attachment B: Questions and Answers
Attachment C: List of Certified Air Carriers
Attachment
D: Sample Employer Notice