Trade Adjustment Assistance 2014 Michigan Works! Annual Conference Mt. Pleasant Tammy

TAA Status Update on the TAA Program TAA Data Validation List of Active TAA Policy Issuances and TEGLs TAA WBOs TAA Training Chart Waiver Requirements Case Management Funding TEGL 27-13: Impact of the U.S. Supreme Court's Decision in United States v. Windsor on TAA TRA Update Jimelle 2

TAA Status Update From USDOL (September 2014): • The TAA program will operate business as usual through December 31, 2014, – under the four versions of the TAA program that are currently administered; the 2002 Program, the 2009 Program, the 2011 Program, and Reversion 2014 • The TAA program will not cease to operate on January 1, 2015. At a minimum, states will continue to serve workers while they have remaining funds. Funds are good for three years. States should ensure that workforce staff, partners and customers receive this message to avoid potential harm to adversely-affected workers who may be discouraged from applying for TAA because of uncertainty about the continuation of the TAA program. Operating Instructions will be issued before December 31, 2014, to instruct states on program operations after that date. Jimelle 3

Active TAA Policy Issuances 13-33, Change 1 TAA Funds Management 13-15 TAA Commuting Area 13-11 TAA Electronic-Participant-Management Information Guide (E-PMIG) 12-38 TAA Employer-Based Training Foundation 11-18 Equitable Tolling of Deadlines for Workers Covered Under TAA Certifications 10-21 Merit Staffing Requirements for TAA 14-XX TAA Program Data Element Validation Program Manuals/Instructions: 13-27 TAA Reversion Policy 11-23 TAA 2011 Manual 09-21 TAA 2009 Manual 07-18c2 TAA 2002 Manual Jimelle 4

Active TAA TEGLs http://www.doleta.gov/tradeact/directives.cfm Jimelle 5

TAA WBOs WDA TAA staff can present or attend as needed (MWA should send requests to Tammy Flynn). State has WBO presentations for all version of TAA law. These ppts are not required, but the same level of information must be presented to all workers. MWA must complete a TAA Registration and a TRA 920 on each worker. MWA should request UIA-TRA Representation OR explain TRA and present a TRA/UIA Fact Sheet.   Handouts Recommended: PPT UIA-TRA Fact Sheet Local Resources To-Do Sheet/Checklist for workers Jimelle 6

Training Chart Jimelle 7

Waivers *Extenuating circumstances include: start date beyond 60 days HEALTH: Claimant is unable to participate in training due to health reasons. (Note: This wavier does not exempt the participant from being available for work, searching for work, or refusing to accept work under Federal and State unemployment compensation laws) 1a. Health Reason preventing participation in training __________________________________________________   ENROLLMENT NOT AVAILABLE: There has been a delay in the beginning date of training (However, the first available enrollment date must begin within 60 days of the date of this determination, unless there are extenuating circumstances)*. 2a. Start Date of Training (mm/dd/yyyy): _________________________ TRAINING NOT AVAILABLE: Training approved is not available to the participant, no training funds are available under TAA or other Federal programs, or training is not available at a reasonable cost. 3a. State reason why training is not available _________________________________________________________ Jimelle *Extenuating circumstances include: start date beyond 60 days 8

Case Management Funding Policy Issuance 13-33, Change 1 Allows MWAs to determine locally the amount of funding to be utilized in support of allowable Case Management activities for eligible participants under the TGAAA or 2009 or TAAEA of 2011. Additionally, up to 5 percent of total programmatic expenditures (Classroom Training, Travel and Subsistence, Employer-Based Training, Job Search Allowances and Relocation Allowances) may be used to support local administration. Funding for administrative costs related to the Trade Act of 2002 and Reversion 2014 programs are limited to a maximum of 5 percent of total programmatic expenditures (Classroom Training, Travel and Subsistence, Employer-Based Training, Job Search Allowances and Relocation Allowances).

Case Management Funding The following are additional allowable Case Management activities for TGAAA of 2009 and TAAEA of 2011 (not inclusive):  • TAA program monitoring/auditing  • Data-entry into the One-Stop Management Information System (including entry of case notes) • Benchmarking for 2009 or 2011 participants.  • Development and tracking of training plans (including verifying satisfactory participation) • Removal of employment barriers  • Issuing, continuing, and extending Waivers from Training for 2009 or 2011 participants  • Costs associated with training of TAA and non-TAA staff on the TAA program  • Case management tools and equipment (including electronic equipment) • Rent and utilities for the support of TAA staff   Jimelle 10

TEGL 27-13 U.S. Supreme Court's Decision in United States v. Windsor on the Trade Adjustment Assistance Program The definition of “marriage” or “spouse” under federal law no longer bars the recognition of same-sex marriages in the operation of federal programs, including the TAA program. In implementing the Windsor decision, the Department of Labor’s policy is to recognize lawful same-sex marriages as broadly as possible to the extent that federal law permits, and to recognize all marriages valid in the jurisdiction where the marriage was celebrated—i.e., the “state of celebration.” The Department of Labor will recognize the marriage even if the marriage is not recognized in the state where the married individual resides. The definitions section of the TAA regulations defines “family” to include “a spouse.” 20 CFR 617.3(q).1 The regulations do not further define “spouse.” Therefore, consistent with ETA’s policy announced above, we encourage states to include same-sex spouses of a marriage that is valid in the “state of celebration” when their CSAs apply the TAA regulations’ definition of “family.” Jimelle 11

TEGL 27-13 The term “family” comes up in several sections of the TAA regulations, including: § 617.22 Approval of training. As a condition of approving training for an adversely affected worker, the state must find, among other things, that the worker is qualified to take and complete the training. For example, the state must evaluate the worker’s financial circumstances, and whether “personal and family resources” are available to help him/her complete the training if his/her UI or TRA payments are exhausted before the end of the training. §§ 617.40 - 617.48 Subpart E – Relocation Allowances. TAA benefits include a relocation allowance, which pays certain expenses for eligible adversely affected workers and their families to relocate within the United States when the TAA participant must move to take a job. When moving costs for a family are considered – not just costs for an individual – a greater amount is potentially subject to reimbursement. • § 617.55 Overpayments; penalties for fraud. In cases of improperly paid TAA benefits, a state agency may waive recovery of the overpayment when the beneficiary was not at fault and requiring repayment “would be contrary to equity and good conscience.” In determining whether equity and good conscience exist, the state agency must consider, among other things, “all potential income” and “all cash resources available or potentially available” to both the beneficiary and his/her family during the time period being considered, and whether requiring repayment would cause financial hardship. 20 CFR 617.55(a)(2)(ii). This standard continues to apply for participants in the 2002 Program and the Reversion 2014 Program, as described below. Jimelle 12

Data Validation Information TAA Data Validation Data Validation Information Federal Guidance TEGL 6-14 State Guidance PI 14-XX Official Notification to MWAs: Mid – Late October 2014 Total # of Files Selected (MI): 340 Start Date: November 2014 WDA Deadline for Results: January 15, 2014

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Eligible Veteran Status DD-214 Cross-match with Veterans' Data Letter from Veterans' Administration 1) DD-214 with training completion information 2) Cross-match with Veterans' Data containing dates of service, separation, and discharge information 3) Letter from Veterans' Administration containing dates of service, separation, and discharge information

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Most Recent Date of Qualifying Separation 1) Verification from employer 2) Rapid response list 3) Notice of layoff 4) Public announcement with follow-up cross-match with UI 1) Company Separation List with Company Name, TAA-certified Worker's Name, Last Day Worked, and Reason for Layoff 2) Letter from Company with Company Name, TAA-certified Worker's Name, Last Day Worked, and Reason for Layoff 3) Public Announcement of Company Closure or Layoff (that contains date of closure or layoff) and UIA Eligibility Determination 4) TRA Determination Form

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Date of Exit 1) Documentation in case notes 2) State MIS 1) Case Notes (hard copy or electronic) that contain the case manager name, date of exit, and date information was recorded 2) OSMIS verification of exit

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Petition Number 1) Employer Worker List 2) Determination of Eligibility Form 3) DOLETA Website 4) Federal Register 1) Company Separation List with worker information and Petition Number 2) TRA Determination Form 3) USDOL Petition Certification 4) Federal Register announcement of Petition Certification

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept TAA Application Date 1) State MIS 2) TAA Application Form 3) Determination of Eligibility Form 1) TAA Registration Form signed by Applicant and MWA 2) OSMIS verification of application date 3) TAA 923 Training Application Form signed by applicant and MWA

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Date Entered Training #1 1) Cross-match between dates of service and vendor training information 2) Vendor training documentation 3) State MIS 4) Case notes 1) OSMIS verification 2) Case Notes (hard copy or electronic) that contain the case manager name, date entered training, and date information was recorded 3) Training Institution documentation

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Training Completed #1 1) Vendor training documentation in case file 2) State MIS 3) Case notes about communications with program 4) Self attestation OSMIS verification 2) Case Notes (hard copy or electronic) that contain the case manager name, training completion information, description of communication with training institution, and date information was recorded 3) Signed participant statement with completion information 4) Official or unofficial transcripts with training completion information 5) Letter from training institution with training completion information

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Date Completed, or Withdrew from, Training #1 1) Cross-match between dates of service and vendor training information in case file 2) Vendor training documentation 3) State MIS 4) Case notes 1) Official or unofficial transcripts with exact date training concluded 2) Letter from training institution with exact date training concluded 3) OSMIS verification 4) Case Notes (hard copy or electronic) that contain the case manager name, date training concluded, and date information was recorded

Source Documentation FY 2014 TAA Data Validation TAA DEV Element Source Documentation FY 2014 Items WDA WILL accept Waiver from Training Requirement-Type 1) Case file documentation that includes initial approval and renewals at 30 day intervals 2) State UI records of TRA checks 3) Form from employment counselor 1) 802 Waiver form with reason for waiver indicated (signed by MWA and applicant) AND waiver review documentation

Other Information Rapid Response Indicator on TAA Registration OSMIS Quarterly Training Expenditures (133%) OSMIS Job Search and Relocation Expenditures (20%) Consolidation of TAA Manuals Qualifying Separation Verification (MiDAS) Requirement to establish/review benchmarks Jimelle 23

TRA Jimelle 24

Jimelle Blakley howardj9@michigan.gov 517.241.8629 Tammy Flynn 8/27/2019 4:55 PM Jimelle Blakley howardj9@michigan.gov 517.241.8629 Tammy Flynn flynnt@michigan.gov 517.335.4267 25