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OPA News Release: [10/09/2003]
Contact Name: Ed Frank
Phone Number: (202) 693-4676

U.S. Department of Labor Finalizes Rule to Protect Integrity of Unemployment Trust Funds

WASHINGTON—The U.S. Department of Labor today announced it is issuing a final rule to protect the integrity of unemployment trust funds and repeal the Birth and Adoption Unemployment Compensation Rule of 2000 (BAA-UC).

DOL officially proposed the repeal last December and collected public comments for 60 days. The Birth and Adoption Unemployment Compensation Rule of 2000 was an experiment by the previous Administration to let states use unemployment funds for purposes other than helping laid-off workers. However, many people worry that the security of unemployed workers and their families could be jeopardized if unemployment trust funds, most of which are stretched very thin, are used to provide benefits to people who are on leave from their jobs.

“This Administration is committed to ensuring that laid-off workers and their families have a guarantee that this important safety net is there for them when they need it,” said Assistant Secretary of Labor for Employment and Training Emily Stover DeRocco.

The need to protect the integrity of unemployment trust funds is evident in that fact that many states are reporting low reserve levels in their funds:

  • At the close of last year, 32 states had fewer than 12 months of recession-level benefits in reserve (up from 28 states a year earlier)
  • 27 states (up from 13 last year) raised taxes last January to cover UI benefit costs, at a time when businesses needed more capital, not less;
  • Currently, six states (up from none a year ago) have had to borrow to cover shortfalls in their unemployment trust funds, and more are likely to borrow in coming months.

The unemployment insurance system was created to provide temporary financial assistance to laid-off American workers, but the BAA-UC rule exposed unemployment trust funds to claims they were never intended to cover. By repealing this rule, the Department of Labor is taking action to reverse this threat to the trust funds’ solvency.

Other actions taken by the Labor Department to assure trust fund integrity include convening a task force on UI fraud and abuse and working with states to minimize overpayments.

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