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Code of Federal Regulations Pertaining to ETA |
| Employees' Benefits |
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| Employment and Training Administration, Department of Labor |
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| Trade Adjustment Assistance for Workers Under the Trade Act of 1974 |
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| Trade Readjustment Allowances (TRA) |
20 CFR 617.11 - Qualifying requirements for TRA.
- Section Number: 617.11
- Section Name: Qualifying requirements for TRA.
(a) Basic qualifying requirements for entitlement--(1) Prior to
November 21, 1988. To qualify for TRA for any week of unemployment that
begins prior to
November 21, 1988, an individual must meet each of the following
requirements of paragraphs (a)(1) (i) through (vii) of this section:
(i) Certification. The individual must be an adversely affected
worker covered under a certification.
(ii) Separation. The individual's first qualifying separation (as
defined in paragraph (t)(3)(i) of Sec. 617.3) before application for TRA
must occur:
(A) On or after the impact date of such certification; and
(B) Before the expiration of the two-year period beginning on the
date of such certification, or, if earlier, before the termination date,
if any, of such certification.
(iii) Wages and employment. (A) In the 52-week period (i.e., 52
consecutive calendar weeks) ending with the week of the individual's
first qualifying separation, the individual must have had at least 26
weeks of employment at wages of $30 or more a week in adversely affected
employment with a single firm or subdivision of a firm. Evidence that an
individual meets this requirement shall be obtained as provided in
Sec. 617.12. Employment and wages covered under more than one
certification may not be combined to qualify for TRA.
(B)(1) For the purposes of paragraph (a)(1)(iii) of this section,
any week in which such individual--
(i) is on employer-authorized leave from such adversely affected
employment for purposes of vacation, sickness, injury, maternity, or
inactive duty or active duty military service for training, or
(ii) does not work in such adversely affected employment because of
a disability compensable under a workers' compensation law or plan of a
State or the United States, or
(iii) had adversely affected employment interrupted to serve as a
full-time representative of a labor organization in such firm or
subdivision,
shall be treated as a week of employment at wages of $30 or more;
(2) Provided, that--
(i) not more than 7 weeks in the case of weeks described in
paragraph (a)(1)(iii)(B)(1)(i) or paragraph (a)(1)(iii)(B)(1)(iii) of
this section, or both, and (ii) not more than 26 weeks described in
paragraph (a)(1)(iii)(B)(1)(ii) of this section,
may be treated as weeks of employment for purposes of paragraph
(a)(1)(iii) of this section.
(C) Wages and employment creditable under paragraph (a)(1)(iii) of
this section shall not include employment or wages earned or paid for
employment which is contrary to or prohibited by any Federal law.
(iv) Entitlement to UI. The individual must have been entitled to
(or would have been entitled to if the individual had applied therefor)
UI for a week within the benefit period--
(A) in which the individual's first qualifying separation occurred,
or
(B) which began (or would have begun) by reason of the filing of a
claim for UI by the individual after such first qualifying separation.
(v) Exhaustion of UI. The individual must:
(A) Have exhausted all rights to any UI to which the individual was
entitled (or would have been entitled to if the individual had applied
therefor); and
(B) Not have an unexpired waiting period applicable to the
individual for any such UI.
(vi) Extended Benefit work test. (A) The individual must--
(1) Accept any offer of suitable work, as defined in Sec. 617.3(kk),
and actually apply for any suitable work the individual is referred to
by the State agency, and
(2) Actively engage in seeking work and furnish the State agency
tangible evidence of such efforts each week, and
(3) Register for work and be referred by the State agency to
suitable work,
in accordance with those provisions of the applicable State law which
apply to claimants for Extended Benefits and which are consistent with
Part 615 of this Chapter.
(B) The Extended Benefit work test shall not apply to an individual
with respect to claims for TRA for weeks of unemployment beginning prior
to the filing of an initial claim for TRA, nor for any week which begins
before the individual is notified that the individual is covered by a
certification issued under the Act and is fully informed of the Extended
Benefit work test requirements of paragraph (a)(1)(vi) of
this section and Sec. 617.17. Prior to such notification and advice, the
individual shall not be subject to the Extended Benefit work test
requirements, nor to any State timely filing requirement, but shall be
required to be unemployed and able to work and available for work with
respect to any such week except as provided for workers in approved
training in Sec. 617.17(b)(1).
(vii) Job search program participation. (A) The individual is
enrolled in, participating in, or has successfully completed a job
search program which meets the requirements of Sec. 617.49(a); or the
State agency has determined that no acceptable job search program is
reasonably available under the criteria set forth in Sec. 617.49(c).
(B) The job search program requirement shall not apply to an
individual with respect to claims for TRA for weeks of unemployment
beginning prior to the filing of an initial claim for TRA, nor for any
week which begins before the individual is notified that the individual
is covered by a certification issued under the Act and is fully informed
of the job search program requirement of paragraph (a)(1)(vii) of this
section and Sec. 617.49.
(C) The job search program requirement shall not apply to an
individual, as a qualifying requirement for TRA, with respect to any
week ending after November 20, 1988, but cooperating State agencies are
encouraged to continue to utilize job search programs after November 20,
1988, as an effective tool to assist adversely affected workers in
finding suitable employment, particularly unemployed workers who have
completed training or for whom the training requirement has been waived
under Sec. 617.19.
(2) On and after November 21, 1988. To qualify for TRA for any week
of unemployment that begins on or after November 21, 1988, an individual
must meet each of the following requirements of paragraphs (a)(2) (i)
through (vii) of this section:
(i) Certification. The individual must be an adversely affected
worker covered under a certification.
(ii) Separation. The individual's first qualifying separation (as
defined in paragraph (t)(3)(i) of Sec. 617.3) before application for TRA
must occur:
(A) On or after the impact date of such certification; and
(B) Before the expiration of the two-year period beginning on the
date of such certification, or, if earlier, before the termination date,
if any, of such certification.
(iii) Wages and employment. (A) In the 52-week period (i.e., 52
consecutive calendar weeks) ending with the week of the individual's
first qualifying separation, or any subsequent total qualifying
separation under the same certification, the individual must have had at
least 26 weeks of employment at wages of $30 or more a week in adversely
affected employment with a single firm or subdivision of a firm.
Evidence that an individual meets this requirement shall be obtained as
provided in Sec. 617.12. Employment and wages covered under more than
one certification may not be combined to qualify for TRA.
(B)(1) For the purposes of paragraph (a)(2)(iii) of this section,
any week in which such individual--
(i) Is on employer-authorized leave from such adversely affected
employment for purposes of vacation, sickness, injury, maternity, or
inactive duty or active duty military service for training, or
(ii) Does not work in such adversely affected employment because of
a disability compensable under a workers' compensation law or plan of a
State or the United States, or
(iii) Had adversely affected employment interrupted to serve as a
full-time representative of a labor organization in such firm or
subdivision, or
(iv) Is on call-up for the purpose of active duty in a reserve
status in the Armed Forces of the United States (if such week began
after August 1, 1990), provided such active duty is ``Federal service''
as defined in part 614 of this chapter,
shall be treated as a week of employment at wages of $30 or more;
(2) Provided, that--
(i) Not more than 7 weeks in the case of weeks described in
paragraph (a)(2)(iii)(B)(1) (i) or (iii) of this section, or both, and
(ii) Not more than 26 weeks described in paragraph (a)(2)(iii)(B)(1)
(ii) or (iv) of this section,
may be treated as weeks of employment for purposes of paragraph
(a)(2)(iii) of this section.
(C) Wages and employment creditable under paragraph (a)(2)(iii) of
this section shall not include employment or wages earned or paid for
employment which is contrary to or prohibited by any Federal law.
(iv) Entitlement to UI. The individual must have been entitled to
(or would have been entitled to if the individual had applied therefor)
UI for a week within the benefit period--
(A) in which the individual's first qualifying separation occurred,
or
(B) which began (or would have begun) by reason of the filing of a
claim for UI by the individual after such first qualifying separation.
(v) Exhaustion of UI. The individual must:
(A) Have exhausted all rights to any UI to which the individual was
entitled (or would have been entitled if the individual had applied
therefor); and
(B) Not have an unexpired waiting period applicable to the
individual for any such UI.
(vi) Extended Benefit work test. (A) The individual must--
(1) Accept any offer of suitable work, as defined in Sec. 617.3(kk),
and actually apply for any suitable work the individual is referred to
by the State agency, and
(2) Actively engage in seeking work and furnish the State agency
tangible evidence of such efforts each week, and
(3) Register for work and be referred by the State agency to
suitable work,
in accordance with those provisions of the applicable State law which
apply to claimants for Extended Benefits and which are consistent with
part 615 of this chapter.
(B) The Extended Benefit work test shall not apply to an individual
with respect to claims for TRA for weeks of unemployment beginning prior
to the filing of an initial claim for TRA, nor for any week which begins
before the individual is notified that the individual is covered by a
certification issued under the Act and is fully informed of the Extended
Benefit work test requirements of paragraph (a)(2)(vi) of this section
and Sec. 617.17. Prior to such notification and advice, the individual
shall not be subject to the Extended Benefit work test requirements, nor
to any State timely filing requirement, but shall be required to be
unemployed and able to work and available for work with respect to any
such week except as provided in Sec. 617.17(b)(2) for workers enrolled
in, or participating in, a training program approved under
Sec. 617.22(a).
(vii) Participation in training. (A) The individual must--
(1) Be enrolled in or participating in a training program approved
pursuant to Sec. 617.22(a), or
(2) Have completed a training program approved under Sec. 617.22(a),
after a total or partial separation from adversely affected employment
within the certification period of a certification issued under the Act,
or
(3) Have received from the State agency a written statement under
Sec. 617.19 waiving the participation in training requirement for the
individual.
(B) The participation in training requirement of paragraph
(a)(2)(vii) of this section shall not apply to an individual with
respect to claims for TRA for weeks of unemployment beginning prior to
the filing of an initial claim for TRA, nor for any week which begins
before the individual is notified that the individual is covered by a
certification issued under the Act and is fully informed of the
participation in training requirement of paragraph (a)(2)(vii) of this
section and Sec. 617.19.
(C) The participation in training requirement of paragraph
(a)(2)(vii) of this section shall apply, as a qualifying requirement for
TRA, to an individual with respect to claims for TRA for weeks of
unemployment commencing on or after November 21, 1988, and beginning
with the first week following the week in which a certification covering
the individual is issued under the Act, unless the State agency has
issued a written statement to the individual under Sec. 617.19 waiving
the participation in training requirement for the individual.
(D) For purposes of paragraph (a)(2)(vii) of this section, the
following definitions shall apply:
(1) Enrolled in Training. A worker shall be considered to be
enrolled in
training when the worker's application for training is approved by the
State agency and the training institution has furnished written notice
to the State agency that the worker has been accepted in the approved
training program which is to begin within 30 calendar days of the date
of such approval. (A waiver under Sec. 617.19 shall not be required for
an individual who is enrolled in training as defined herein.)
(2) Completed Training. A worker shall be considered to have
completed a training program if the training program was approved, or
was approvable and is approved, pursuant to Sec. 617.22, and the
training was completed subsequent to the individual's total or partial
separation from adversely affected employment within the certification
period of a certification issued under the Act, and the training
provider has certified that all the conditions for completion of the
training program have been satisfied.
(3) Special rules for workers separated in 1981 to 1986 period. (i)
Basic conditions. Under section 1425(b) of the Omnibus Trade and
Competitiveness Act of 1988 (the ``OTCA'') (Pub. L. 100-418) the time
limit on the eligibility period for basic TRA in section 233(a)(2) of
the Act (before and after the amendment by Public Law 100-418), and the
210-day time limit in section 233(b) of the Act on the filing of a bona
fide application for training in order to qualify for additional TRA,
are set aside and shall be disregarded for any individual separated from
adversely affected employment in the period which began on August 13,
1981, and ended on April 7, 1986: Provided, That, any such individual
must meet all of the following requirements of paragraphs (a)(3)(i)(A)
through (E) of this section to qualify for TRA for any week.
(A) Period of separation. The separation of the individual must have
occurred on a date within the period which began on August 13, 1981 and
ended on April 7, 1986.
(B) Total separation required. Such separation must be a ``total
separation'' as defined in Sec. 617.3(ll), and a ``total qualifying
separation'' as defined in Sec. 617.3(t)(3)(i)(B); and, for the purposes
of determining whether an individual has been continuously unemployed,
as defined in Sec. 617.3(t)(3)(i)(E), only the last such total
separation within the August 13, 1981 to April 7, 1986 period shall be
taken into account.
(C) Other standard requirements. The individual must, with respect
to such total separation, meet all of the requirements of paragraphs
(a)(2)(i) through (v) of this section.
(D) Participation in training. (1) The individual must meet the
requirements of paragraph (a)(2)(vii) of this section, with respect to
being enrolled in or participating in a training program approved
pursuant to Sec. 617.22(a), as to each week TRA is claimed, and not be
ineligible under Sec. 617.18(b)(2) for failure to begin participation in
such training or for ceasing to participate in such training.
(2) With respect to participation in training, as required under
paragraph (a)(3) of this section, the break in training provisions of
Sec. 617.15(d) shall be applicable, and the waiver of participation
provisions in Sec. 617.19 shall not be applicable.
(E) Continuously unemployed. (1) The individual must have been
continuously unemployed since the date of the individual's total
separation referred to in paragraph (a)(2)(vii)(B) of this section, not
taking into account for the purposes of this determination any work in
which the individual was employed in seasonal employment, odd jobs, or
part-time, temporary employment.
(2) For purposes of Sec. 617.11(a)(3)(i)(E)(1), continuously
unemployed shall mean the individual has not been engaged in any
employment, except for seasonal employment, odd-jobs, or part-time,
temporary employment. Employment shall be considered:
(i) Seasonal employment when seasonality provisions of the
applicable State law are applicable to such employment; or
(ii) An odd job when the established period of employment occurs
within five (5) consecutive days or less; or
(iii) Part-time, temporary employment when a termination date of one
hundred fifty (150) days or less was established at the time of
employment, and the average weekly hours for the job,
over the period of employment, was less than 30 hours per week.
(ii) TRA payments prospective only. The provisions of paragraph
(a)(3) of this section apply to payments of TRA only for weeks which
begin after August 23, 1988, and with respect to training in which the
individual becomes enrolled and begins participation before or after
such date, and which is approved under Sec. 617.22(a) before or after
such date. No payment of TRA may be authorized under paragraph (a)(3) of
this section for any week which ends before such training is approved
under Sec. 617.22(a).
(iii) Other special rules. (1) Although the last total qualifying
separation of an individual will be used for the purposes of the
determination under paragraph (a)(3)(i)(B) of this section, the
individual's first qualifying separation (as defined in paragraph
(t)(3)(ii) of Sec. 617.3) must be used to determine the weekly and
maximum amounts payable to the individual in accordance with
Secs. 617.13 and 617.14.
(2) No individual shall be determined to be eligible for TRA under
paragraph (a)(3) of this section if the individual has previously
received all of the basic and additional TRA to which the individual was
entitled.
(3) The 26-week eligibility period for additional TRA is applicable
under paragraph (a)(3) of this section, as such term is defined in
paragraph (m)(2) of Sec. 617.3.
(4) Special rules for oil and gas workers--retroactive--(i) Basic
conditions. Under section 1421(a)(1)(B) of the OTCA, individuals
employed by independent firms engaged in exploration or drilling for oil
and natural gas who were separated after September 30, 1985, may be
entitled, retroactively, to TAA program benefits, but only if, as to any
such individual, all of the conditions in the following provisions of
paragraph (a)(4) of this section are met.
(ii) Prior certification. Individuals covered by this paragraph
(a)(4) do not include any individual covered under a certification (made
with respect to the same firm or subdivision of a firm) that was issued
under section 223 of the Act without regard to the amendments to section
222 of the Act (relating to oil and gas workers) made by section 1421
(a)(1)(A) of the OTCA.
(iii) Petition. (A) To apply for a certification under section 223
covering workers referred to in section 1421 (a)(1)(B) of the OTCA, a
petition must have been filed in the Office of Trade Adjustment
Assistance after August 23, 1988, and on or before November 18, 1988, by
or on behalf of a group of workers of such a firm or subdivision of a
firm.
(B) A petition, to be valid, may not be signed by or on behalf of an
individual referred to in paragraph (a)(4)(ii) of this section.
(iv) Certification. (A) As provided in section 1421(a) (1)(B) of the
OTCA, a certification issued pursuant to section 223 of the Act will not
be subject to the one-year limitation on the impact date which is
specified in section 223(b) of the Act, but the impact date of any such
certification may not be a date earlier than October 1, 1985.
(B) A certification shall not be issued under the authority of
section 1421(a)(1)(B) of the OTCA if a certification could have been
issued under section 223 of the Act before or after the amendment made
by section 1421(a)(1)(A) of the OTCA.
(v) Coverage of certification. Individuals covered by a
certification issued under the authority of section 1421(a)(1)(B) of the
OTCA will be eligible to apply for TAA program benefits as follows:
(A) Basic and additional TRA, retroactively and prospectively,
subject to the conditions stated in paragraph (a)(4) of this section;
(B) Training, prospectively, subject to the conditions stated in
subpart C of this part;
(C) Job search allowances, prospectively, subject to the conditions
stated in subpart D of this part; and
(D) Relocation allowances, prospectively, subject to the conditions
stated in subpart E of this part.
(vi) TRA entitlement. To qualify for TRA for any week, an individual
must meet all of the following requirements of paragraphs (a)(4)(vi)(A)
through (D) of this section;
(A) Certification. The individual must be an adversely affected
worker covered under a certification issued pursuant to section 223 of
the Act and under the authority of section 1421(a)(1)(B) of the OTCA.
(B) Date of separation. The date of the individual's most recent
total separation (as defined in Sec. 617.3) must be a date after
September 30, 1985, and within the certification period of the
certification under which the worker is covered. Separations occurring
prior to October 1, 1985, shall be disregarded for the purposes of
determining whether an individual experienced a total separation after
September 30, 1985.
(C) Other standard requirements. (1) With respect to weeks of
unemployment that begin after September 30, 1985, but prior to November
21, 1988, the individual must, with respect to the separation referred
to in paragraph (a)(4)(vi)(B) of this section, meet all of the
requirements of paragraph (a)(1)(i) through (vii) of this section, and
(2) With respect to weeks of unemployment that begin on or after
November 21, 1988, the individual must meet all of the requirements of
paragraphs (a)(2)(i) through (vii) of this section.
(D) Other special rules. (1) Although an individual's most recent
total or partial separation after September 30, 1985 must be used for
the purposes of this paragraph (a)(4)(vi)(B) of this section, the
individual's first qualifying separation (as defined in paragraph
(t)(3)(ii) of Sec. 617.3) must be used to determine the weekly and
maximum amounts payable to the individual in accordance with
Secs. 617.13 and 617.14.
(2) The 60-day preclusion rule in paragraph (b)(1) of this section
shall not be applicable to an individual covered by a certification
referred to in paragraph (a)(4)(vi)(A) of this section, and who is
eligible for TRA under the provisions of paragraph (a)(4) of this
section.
(3) The 26-week eligibility period for additional TRA (as defined in
paragraph (m)(2) of Sec. 617.3) is applicable under paragraph (a)(4) of
this section.
(b) First week of entitlement. The first week any individual may be
entitled to a payment of basic TRA shall be the later of:
(1) The first week beginning more than 60 days after the date of the
filing of the petition which resulted in the certification under which
the individual is covered (except in the case of oil and gas workers to
whom paragraph (a)(4) of this section applies); or
(2) The first week beginning after the individual's exhaustion of
all rights to UI including waiting period credit, as determined under
Sec. 617.11(a)(1)(v) or Sec. 617.11(a)(2), as appropriate.
[59 FR 928, Jan. 6, 1994]
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