Trade Act Program. Handbook. Your Rights & Responsibilities. You are legally responsible for knowing the contents of this book.

Transcription

1 Trade Act Program Handbook Your Rights & Responsibilities You are legally responsible for knowing the contents of this book.

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3 What is the Trade Act Program? Trade Adjustment Assistance (TAA) can help workers who have lost their jobs as a result of increased imports or shifts in production out of the United States. Certified individuals may be eligible to receive one or more program benefits and services depending on what is needed to return them to employment. Why do I need this book? This book contains general instructions and basic information on the Trade Act Program. As a Trade Act Participant, you have responsibilities as well as rights. It is important that you protect those rights by reading and understanding this information. What should I expect from the Employment Department? You can expect timely, courteous and professional service. In return, the Employment Department may need more information from you. If you receive forms, questionnaires or phone calls asking for more information necessary to process your claim and ensure proper payment of benefits, respond immediately. Trade Adjustment Assistance (TAA) Petition Certification Information A petition for Trade Adjustment Assistance was filed on behalf of the trade-affected workers of the company, division and location identified (See Back Cover). The Department of Labor has certified this petition making workers eligible to apply for Trade Adjustment Assistance (TAA). Certified individuals may be eligible to receive one or more program benefits and services depending on what is needed to return them to employment.

4 All workers who were laid off on or after the Impact Date and on or before the Expiration Date are eligible to apply for assistance under this TAA certification. These important details will be provided in a group Benefit Rights Interview (BRI) or by mail. Trade Adjustment Assistance (TAA) TAA program benefits and services are provided to help eligible workers return to work. Based on the availability of federal funds and individual eligibility the following services are available; Reemployment Services, Job Search Allowance, Relocation Allowance, and Training. Basic TAA approval criteria for the job search, relocation, and training services: No suitable work is available in your labor market You must apply and be approved in advance for any of these services by your local TAA representative. (See list of TAA representatives on Page 17-18) Suitable Work Definition In this handbook, you will see references to the term suitable work. The definition of suitable work means work of an equal or higher skill level than your trade-affected employment at wages not less than 80% of your average weekly wage from this employment. Reemployment Services Reemployment services offers workers assistance in finding a job. Many TAA-eligible workers will be able to find employment

5 through a combination of these services. An assessment and Individual Employment Plan (IEP) will be developed with you and your TAA representative to determine employment goals and strategies to achieve those goals. The IEP will help to identify the appropriate combination of services. The WorkSource Oregon Employment Department, in partnership with local Workforce Investment Act (WIA) providers and community colleges, offers a variety of reemployment services to assist you in obtaining your employment goals. These services include: imatchskills which includes registration for jobs & computer-aided job match Local and Statewide Job Listings Services for Veterans Career exploration tools Community resource information Reemployment counseling and casemanagement Job development Job search workshops Labor market information Resume writing tools Supportive services Vocational testing Check out these websites for more information about jobs, careers, or services for dislocated workers: For individuals whose employment goals and strategies require retraining, these services will help identify appropriate training programs, and help them obtain reemployment when the training is completed.

6 Initial Assessment Approval and provision of TAA services are based on the outcome of an initial assessment. This first step is used to determine whether suitable employment is available without training and if not, if training is needed and feasible. Individual Employment Plan Following the initial assessment, an Individual Employment Plan (IEP) will be developed to determine employment goals and strategies to achieve those goals. The IEP will help to identify the appropriate combination of services. Job Search Allowance If you have a verifiable job interview or work search plans for another area outside of your labor market, you may be eligible for job search allowances. If you have applied in advance and are approved, you may be reimbursed for 90% of the cost of food, lodging and travel expenses (based on ½ the federal per diem or actual cost, whichever is less). You may be reimbursed for more than one job search, but only up to a maximum total of $1, Job Search Allowance DEADLINE You have 365 days from the certification date or your most recent qualifying separation date (whichever is later) to apply. If you are in training which takes you past this deadline, you have 182 days from the date you complete training to apply. The job search must occur within 30 days of the date you apply. Relocation Allowance If you have a bona fide job offer in another area, you may be eligible for a relocation

7 allowance. The move cannot be located outside the United States. If you have applied in advance and are approved, you may be reimbursed for 90% of your reasonable and necessary moving expenses, to move you, your immediate family and your household goods to the new location. This amount will be reduced if you are entitled to reimbursement from other sources. A lump sum payment equal to three times your average weekly wage (but no more than $1,250) is available to help you with additional moving costs and getting settled. Relocation Allowance DEADLINE You have 425 days from the certification date or your most recent qualifying separation date, whichever is later to apply. If you are in training which takes you past this deadline, you have 182 days from the date you complete training to apply. Training Training may be provided if you do not have the skills to secure suitable work in the existing labor market. Training must be targeted to a specific occupation and provided to help in securing employment at a skill level similar to or higher than your layoff employment, and sustain that employment at the best wage available. Based on existing skills and labor market conditions, training will be at the shortest duration necessary to return to employment, with a maximum of 104 weeks. An additional 26 weeks of training may be available if you need remedial education such as GED, ESL (English as a Second Language), or ABE (Adult Basic Education). If English, math or other pre-college level classes are needed, they may be included as remedial courses. Pre-requisites do not count as remedial coursework and would be included in the occupational training. 5

8 If you are claiming unemployment insurance benefits, you will not have to seek work or accept work while you are attending a TAA approved training program or during breaks in training that are 30 days or less. There is no deadline to apply for TAA training as long as the program is still in existence and funds are available. Allowable Types of Training a. Classroom Training includes training programs listed on the Eligible Training Provider (ETP) list which can be found at: If you do not have Internet access, your local TAA representative can assist you. Required classes can be taken on-line if classes in a physical location are not available. b. Employer-Based Training / On-the-Job Training (OJT) If you find an employer who is willing to provide an OJT in a specific occupation, the employer may be reimbursed for part of your paid wages while they train you on-the-job. If you have an employer in mind, please contact your local TAA representative for help in presenting the OJT information to the employer. An OJT Agreement must be signed by the employer and the TAA representative before the OJT can start. You must apply and be approved before you start to work for the potential OJT employer. A training program may include basic or remedial courses such as GED, ESL (English as a second language), or ABE (Adult Basic Education), if required. 6

9 TAA Training Plan Rules: One training plan per certification. Be sure that the occupational goal you choose is one that you can live with. Make sure to investigate the occupation prior to requesting your training plan by talking to employers that hire workers for this occupation and workers that perform duties for the occupational goal. Once you start the occupational training, you cannot quit and be approved for a different occupational training. The length of training cannot exceed 104 weeks for regular classroom or OJT training. If remedial training is also required, the length of training cannot exceed 130 weeks. The break weeks between terms are not counted toward the 104 week or 130 week limits. Training must be full time. Full time training is defined by the training facility based on courses/terms required for completion of the training program. We cannot approve training more than 30 days in advance of the start date of the training. If you are claiming unemployment insurance (UI) benefits you are required to comply with UI law until a TAA training plan is approved. You must meet ALL the following six criteria to be approved for a TAA training plan: 1. There must be no suitable work available for you in your labor market. This means work of an equal or higher skill level than your trade affected employment at wages of not less than 80% of your average weekly wage from this employer. 2. You must benefit from the training and be job ready for the occupational goal when done. If you are interested in a training program, make sure that it will prepare 7

10 8 you to accept employment for your occupational goal when you have completed TAA approved training. 3. There must be a reasonable expectation of employment following the completion of training. Check labor market information resources so that you will know if there will be a reasonable expectation that you will be able to find a job using the skills and education acquired while in training. Find out if the job will be in demand when you complete training. The online resource for labor market information is: 4. There must be training available. You must first consider training available within your labor market area. If there isn t training available within your labor market area, training in other areas may be considered. 5. You are qualified to undertake and complete training and able to support yourself while in training. This means that you must have the skills and qualifications needed to be accepted for and complete the training program. Also, you must demonstrate that you have the financial resources to make it through the entire training program. 6. Training must be suitable and available at a reasonable cost. This means that the training is appropriate given your capabilities, skills and experience. When determining allowable amount for training, we look at the type of training, the skill level, average cost of training, and whether subsistence or mileage is necessary. If the total training costs exceed the current monetary cap, other resources may need to be found before training can be approved. If training is approved, TAA will pay for tuition, books, fees, required supplies and tools required of all students for the comple-

11 tion of the training program. Any costs that are not required of all students cannot be paid for with TAA program funding. If the only training available is outside of the commuting distance (more than 35 miles from your residence), you may be reimbursed for travel expenses to and from the training facility based on the Federal mileage rate. If it is necessary for you to maintain two households; your primary residence for family members still living at home and a temporary secondary residence near the training site, you may qualify for subsistence for the secondary residence based on ½ of the Federal per diem or actual cost, whichever is less. Trade Readjustment Allowances (TRA) To initially qualify for TRA benefits (extra unemployment/income support), you must; 1. Be covered by a certification 2. Have a qualifying separation. This is either a total separation or a layoff of at least 7 consecutive days that begins on or after the impact date and on or before the expiration date of the certification. 3. Have qualifying wages and employment, where you worked for the tradeeffected employer for at least 26 of the last 52 weeks prior to your most recent qualifying separation and earned at least $30.00 in each of those weeks. 4. Be entitled to and have exhausted all rights to regular and extended unemployment benefits, if available. If you meet the above qualifications, your TRA weekly benefit amount will be the same weekly amount you received on the first unemployment claim you filed, after the impact date, and at the time of your first 9

12 qualifying layoff. That claim is called your TRA Parent Claim. Deadlines for TRA Benefits In order to be eligible for any TRA benefits, you must either: Be accepted by a training facility and enrolled in approved TAA training OR be approved for a waiver of training, no later than: 1. The last day of the 16th week after the week of your most recent qualifying layoff; or 2. The last day of the 8th week after the week, in which the certification was issued, whichever is later. There is a potential for a 45 day extension for extenuating circumstances. This will be determined by your TRA Adjudicator, in the Training Programs Unit - Page 18. You are potentially eligible for up to 104 weeks of TRA benefits if you meet the initial qualifying criteria and the deadline mentioned above. These benefits would be extra unemployment or income support beyond any regular unemployment you may be eligible for. TRA Benefits TRA benefits are defined in two categories: Basic TRA and Additional TRA. Each has its own set of eligibility requirements. Basic TRA Your Basic TRA entitlement is up to 26 times your TRA weekly benefit amount, minus all extended unemployment insurance benefits from your TRA Parent Claim. This usually gives you 26 weeks of Basic TRA. 10

13 You have 104 weeks after your most recent qualifying layoff to collect Basic TRA. Basic TRA may be collected in one of 3 ways. You must: 1. Be enrolled or participating in approved TAA training; or 2. Have completed such training and be actively seeking work; or 3. Have obtained a waiver of such training requirement and be actively seeking work as directed. Additional TRA To be eligible for Additional TRA, you must apply for training within 210 days of your most recent qualifying layoff or the date of the certification, whichever is later. Additional TRA is a 52 week eligibility period that starts immediately after you are paid the last week of Basic TRA or the 104 week deadline to use Basic TRA has expired, whichever occurs first. If you do not start training until after the Basic TRA eligibility period expires, the Additional TRA starts with your first week of training. Important: This eligibility period runs for 52 straight weeks, whether or not you are claiming benefits. You must be in approved training in order to receive Additional TRA benefits. EXCEPTION: Remedial TRA You must have exhausted all other available benefits, including Additional TRA. If eligible, Remedial TRA is a 26-week eligibility period that starts immediately after you are paid your last week of Additional TRA or the 52-week eligibility period to use Additional TRA expires. 11

14 If you were not eligible for Additional TRA, the 26-week eligibility period starts immediately after you are paid your last week of Basic TRA or the 104-week deadline to receive Basic TRA ends. Remedial TRA is paid on the basis of one week of Remedial TRA for one week of remedial education, up to 26 weeks. You must be in approved TAA training to receive Remedial TRA. Important: If your training requires remedial education your Basic TRA eligibility period is 130 weeks from your most recent qualifying layoff. Potential Benefits The maximum potential TRA benefits (not including any regular unemployment) is 104 weeks: 26 weeks of Basic TRA 52 weeks of Additional TRA and 26 weeks of Remedial TRA. Your Trade Act representative will discuss your potential benefits with you. Regular Unemployment Insurance If at any time you become eligible to file for regular unemployment insurance, you must file the regular claim instead of continuing on TRA. Once you have exhausted all regular unemployment insurance, we will determine what TRA benefits may be available to you. For further instruction regarding regular unemployment insurance, please see the Claimant Handbook you received when you filed your regular unemployment insurance claim. 12

15 Training Waivers Under certain circumstances, eligible workers may be waived from participating in training and still receive Basic TRA. One of the following conditions must exist for training to be waived: The worker will be recalled reasonably soon; The worker has marketable skills for suitable employment and a reasonable expectation of employment in the foreseeable future; The worker is within two years of eligibility for a pension or social security; The worker is unable to participate in or complete training due to the health of the worker; Immediate enrollment is not available; or No training program is available. Important: Waivers are reviewed with your TAA representative every 30 days. Additional TRA is not payable during waiver status. The worker must be in training. Waivers of training may be revoked at any time if the condition of the waiver no longer exists. If this were to occur, you would not be eligible for any TRA benefits until you were enrolled in approved TAA training. Health Coverage Tax Credit (HCTC) Workers who are eligible to receive TRA benefits, may also be eligible to receive tax credits for 65% of the monthly health insurance premium they pay. Qualifying insurance coverage includes COBRA, continuing individual coverage, or other state-qualified plans. 13

16 In Oregon, the state-qualified plan is provided by OMIP (Oregon Medical Insurance Pool). For further information or to obtain an OMIP application, you may contact OMIP customer service at: Toll free: Or visit the web site at: You can claim this tax credit in one of two ways. Monthly HCTC In advance to help pay health plan premiums (NOT doctor bills), as they become due. OR Yearly HCTC As a lump sum credit on a federal tax return. OED supplies information to IRS regarding your Trade Act eligibility, while the IRS actually administers the HCTC program. For more detailed information regarding the HCTC program, please contact the IRS at; Toll free: HCTC (4282) Or visit the web site at: (IRS Keyword: HCTC) 14

17 Alternative Trade Adjustment Assistance (ATAA) The Alternative Trade Adjustment Assistance (ATAA) program benefits are provided as an alternative to the benefits offered under the regular TAA program. Participation in ATAA allows eligible older workers, for whom retraining may not be appropriate, to accept reemployment at a lower wage and receive a wage subsidy. Other deadlines and conditions apply to ATAA. If you choose ATAA, you cannot receive training, job search allowances, or relocation allowances. To be eligible for ATAA, you must meet the following conditions at the time of reemployment: Be at least 50 years old at the time of reemployment; Obtain new, full-time employment by the last day of the 26th week after your most recent qualifying layoff from the TAA / ATAA certified employer; Not be expected to earn more than $50,000 annually in gross wages (excluding overtime pay) from the reemployment; and Cannot return to work to the employment from which the worker was separated. This wage subsidy may be paid up to a maximum of $10,000 during a two-year eligibility period. For additional information, pertaining to the ATAA program, please contact the Training Programs Unit at: or toll free at

18 Next Steps A TAA determination cannot be made until a regular Unemployment Insurance (UI) claim is filed. To file a UI claim on the internet go to: or call: Metro / NW Oregon Portland (503) Toll Free: SW Oregon Eugene (541) Toll Free: Eastern / Central Oregon Bend (541) Toll Free: Interstate (877) After you have been laid off, complete the Request for Determination of Entitlement to TAA and TRA form (TRA_006). Forward the completed form to the TRA (Trade Readjustment Assistance) Unit at: Oregon Employment Department UI Training Programs Unit (TRA) 875 Union St. NE Salem, OR Or Fax to: Toll Free fax: Approximately 2 weeks later, you will receive a determination in the mail that will let you know of your potential eligibility for Trade Act program benefits and services. 16

19 After you are determined eligible, you can apply for approval of benefits such as reemployment services, job search, relocation, or training by contacting the TAA representative closest to you. Meanwhile, you are welcome to call your local Trade Act representative at any time if you have any questions about the program. TAA Contact Information For questions about TAA re-employment, job search, relocation or training services, contact the TAA representative assigned to your location: Albany 139 4TH Avenue SE, Albany, OR (541) or toll-free at (888) Eugene (also serving: Brookings, Coos Bay & Newport) 2510 Oakmont Way, Eugene, OR (541) or toll-free at (877) McMinnville 370 NE Norton Lane, McMinnville, OR (503) or toll-free at (877) Medford (also serving: Grants Pass & Klamath Falls) 119 N. Oakdale Ave., Medford, OR (541) or toll-free at (888)

20 Portland Metro (also serving: Astoria, The Dalles, Baker City, Bend, Burns, Enterprise, Hermiston, LaGrande, John Day, Milton Freewater, Ontario, Oregon City, Pendleton, Prineville, & St. Helens) 30 N Webster St, Suite. E., Portland, OR (503) or toll-free at (866) Roseburg 846 SE Pine Street, Roseburg, OR (541) Salem 605 Cottage Street NE, Salem, OR (503) Vancouver, WA 5411 E Mill Plain Blvd, Suite 3-B, Vancouver, WA (360) TRA Contact Information For questions about TRA Benefits contact: 18 Oregon Unemployment Insurance Training Programs Unit (TPU) Address: 875 Union Street NE Salem, OR Phone: (503) or toll-free at (800) Fax: (503) or toll-free at (877) Living or moving out of Oregon? If you will be relocating to another state, contact the UI Training Programs Unit at or toll free at for assistance in locating a TAA representative in that state.

21 Additional Notes: 19

22 WorkSource Oregon is an equal opportunity program and does not discriminate in employment or the provision of public services on the basis of race, color, religion, sex, national origin, citizenship status, age, disability, political affiliation or belief. The following services are available free of cost, upon request: Auxiliary aids or services, alternate formats, such as Braille, large print, audio CD or tape, oral presentation, and electronic format to individuals with disabilities, and language assistance to individuals with limited English proficiency. To request these services contact your local WorkSource Oregon Center for assistance. WorkSource Oregon es un programa que respeta la igualdad de oportunidades y provee empleo y servicios al público sin discriminar en base a raza, color, religión, sexo, nacionalidad, estado de ciudadanía, edad, discapacidad, filiación o creencia política. Disponemos de los siguientes servicios a pedido y sin costo: Servicios o ayudas auxiliares, formatos alternos para personas con discapacidades y asistencia de idiomas para las personas con conocimiento limitado del inglés. Para solicitar dichos servicios, contáctese con el Centro WorkSource Oregon más cercano a su área. Equal Opportunity is the Law It is against the law for this recipient of Federal financial assistance to discriminate on the following bases: Against any individual in the United States on the basis of race, color, religion, sex, national origin, age, disability, political affiliation or belief; and Against any beneficiary of programs financially assisted under Title I of the Workforce Investment Act of 1998 (WIA) on the basis of the beneficiary s citizenship/status as a lawfully admitted immigrant authorized to work in

23 the United States, or his or her participation in any WIA Title I financially assisted program or activity; providing opportunities in, or treating any person with regard to, such a program or activity; or making employment decisions in the administration of, or in connection with, such program or activity. What to do if you believe you have experienced discrimination If you think that you have been subjected to discrimination under a WIA Title I financially assisted program or activity, you may file a complaint within 180 days from the date of the alleged violation with either: the recipient s Equal Opportunity Officer (or the person whom the recipient has designated for this purpose); or The Director, Civil Rights Center (CRC), U.S. Department of Labor, 200 Constitution Avenue NW, Room N-4123, Washington, D.C If you file your complaint with the recipient, you must wait either until the recipient issues a written Notice of Final Action, or until 90 days have passed (whichever is sooner), before filing with the Civil Rights Center (see address above). If the recipient does not give you a written Notice of Final Action within 90 days of the date on which you filed your complaint, you do not have to wait for the recipient to issue that Notice before filing a complaint with CRC. However, you must file your CRC complaint within 30 days of the 90-day deadline (in other words, within 120 days after the day on which you filed your complaint with the recipient). If the recipient does give you a written Notice of Final Action on your complaint, but you are dissatisfied with the decision or resolution, you may file a complaint with CRC. You must file your CRC complaint within 30 days of the date on which you received the Notice of Final Action.

24 Employer: Petition Number: Impact Date: Certification Date: Expiration Date: Most recent qualifying layoff / / Certification Date / / Reg UI Last day of the 16th week / / 8th week / / Basic TRA Additional TRA Remedial TRA WorkSource Oregon Employment Department UI PUB 350TRA (0507)