Transcript TAA_Presentation.Michigan_Works_Annual_Conference.Oct2014

2014 Michigan Works! Annual Conference
Mt. Pleasant
Promoting a flexible, innovative, and effective workforce system within the State of Michigan.
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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
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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.
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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:
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13-27 TAA Reversion Policy
11-23 TAA 2011 Manual
09-21 TAA 2009 Manual
07-18c2 TAA 2002 Manual
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http://www.doleta.gov/tradeact/directives.cfm
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• 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
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1.
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
__________________________________________________
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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): _________________________
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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
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*Extenuating circumstances include: start date beyond 60 days
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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).
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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
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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 11
regulations’ definition of “family.”
The term “family” comes up in several sections of the TAA regulations, including:
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§ 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.
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§§ 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.
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• § 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.
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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
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TAA DEV
Element
Eligible
Veteran
Status
Source
Documentation FY
2014
1) DD-214
2) Cross-match with
Veterans' Data
3) Letter from
Veterans'
Administration
Items WDA WILL accept
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
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TAA DEV
Element
Most Recent
Date of
Qualifying
Separation
Source
Documentation FY
2014
Items WDA WILL accept
1) Verification from employer
1) Company Separation List with
Company Name, TAA-certified
Worker's Name, Last Day Worked, and
Reason for Layoff
2) Rapid response list
3) Notice of layoff
4) Public announcement with
follow-up cross-match with UI
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
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TAA DEV
Element
Date of
Exit
Source
Documentation FY
2014
1) Documentation in
case notes
2) State MIS
Items WDA WILL accept
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
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TAA DEV
Element
Petition
Number
Source Documentation
FY 2014
1) Employer Worker List
2) Determination of
Eligibility Form
Items WDA WILL accept
1) Company Separation List
with worker information and
Petition Number
2) TRA Determination Form
3) DOLETA Website
3) USDOL Petition Certification
4) Federal Register
4) Federal Register
announcement of Petition
Certification
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TAA DEV
Element
TAA
Application
Date
Source
Documentation FY
2014
1) State MIS
Items WDA WILL accept
1) TAA Registration Form
signed by Applicant and MWA
2) TAA Application Form
3) Determination of
Eligibility Form
2) OSMIS verification of
application date
3) TAA 923 Training
Application Form signed by
applicant and MWA
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TAA DEV
Element
Source
Documentation FY
2014
Date Entered 1) Cross-match
Training #1
between dates of
service and vendor
training information
2) Vendor training
documentation
3) State MIS
Items WDA WILL accept
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
4) Case notes
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TAA DEV
Element
Training
Completed
#1
Source
Documentation
FY 2014
1) Vendor training
documentation in
case file
2) State MIS
3) Case notes about
communications
with program
Items WDA WILL accept
1) 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) Self attestation
4) Official or unofficial transcripts with training
completion information
5) Letter from training institution with training
completion information
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TAA DEV
Element
Date
Completed, or
Withdrew
from, Training
#1
Source
Documentation FY
2014
1) Cross-match between
dates of service and
vendor training
information in case file
2) Vendor training
documentation
3) State MIS
4) Case notes
Items WDA WILL accept
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
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TAA DEV
Element
Source
Documentation FY
2014
Items WDA WILL accept
Waiver from
Training
RequirementType
1) Case file
documentation that
includes initial
approval and renewals
at 30 day intervals
1) 802 Waiver form with
reason for waiver indicated
(signed by MWA and applicant)
AND waiver review
documentation
2) State UI records of
TRA checks
3) Form from
employment
counselor
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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
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Jimelle Blakley
[email protected]
517.241.8629
Tammy Flynn
[email protected]
517.335.4267