UIPL_9-21.pdf

ETA Advisory File
UIPL_9-21.pdf (938.49 KB)
ETA Advisory File Text
EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION Unemployment Insurance CORRESPONDENCE SYMBOL OUI DL DATE December 30 2020 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 9-21 TO STATE WORKFORCE AGENCIES FROM SUBJECT JOHN PALLASCH Assistant Secretary Continued Assistance for Unemployed Workers Act of 2020 Continued Assistance Act Summary of Key Unemployment Insurance UI Provisions 1.Purpose. To advise states of the enactment of the Consolidated Appropriations Act 2021 specifically Division N Title II Subtitle A the Continued Assistance for Unemployed Workers Act of 2020 on December 27 2020 and to provide an overview and instructions for implementing certain UI-related provisions. 2.Action Requested. The Department of Labor s Department Employment and Training Administration ETA requests State Workforce Administrators provide the information contained in this Unemployment Insurance Program Letter EUIPLF to appropriate program and other staff in state workforce systems as they implement the UI-related provisions that respond to the economic effects of the Coronavirus Disease 2019 COVID-19F pandemic. 3.Summary and Background. a.Summary On December 27 2020 the President signed into law the Consolidated Appropriations Act 2021 including Division N Title II Subtitle A Continued Assistance Act or Act . This Act amends certain provisions of the Emergency Unemployment Insurance Stabilization and Access Act EUISAA set out in Division D of the Families First Coronavirus Response Act Pub. L. 11S-127 the Coronavirus Aid Relief and Economic Security CARES Act Pub. L. 116-136 and the Protecting Nonprofits from Catastrophic Cash Flow Strain Act of 2020 Protecting Nonprofits Act Pub. L. 116-151 and creates other new UI-related provisions. Many of the UI-related provisions in EUISAA and the CARES Act are now extended with some modifications discussed below beyond their original expiration date of December 31 2020 and the Federal Pandemic Unemployment Compensation FPUC program which expired July 31 2020 is resumed for weeks of unemployment beginning after December 26 2020 as a 300 supplement. These amendments are discussed further in Section 4 of this UIPL. 2 The Continued Assistance Act also makes additional changes beyond the programs and provisions provided for in EUISAA and the CARES Act. Section 251 requires that states provide a method for employers to report to the state agency individuals who refuse to return to work or to accept an offer of suitable work and that states notify said individuals who are reported under the relevant state laws. This is discussed further in Section 4.d. of this UIPL. Section 261 authorizes the Mixed Earners Unemployment Compensation MEUC program for states that elect to participate. MEUC provides 100 each week in addition to FPUC to individuals with 5 000 or more in self-employment income in the previous tax year who are receiving unemployment benefits from a program other than Pandemic Unemployment Assistance PUA . This is discussed further in Section 4.b.iii. of this UIPL. Below is a summary of provisions in the Continued Assistance Act that are not discussed in this UIPL. Section 262 of the Continued Assistance Act provides that states may waive overpayments under the Lost Wages Assistance LWA program when the individual is not at fault for the payment and repayment would be contrary to equity and good conscience. For additional information about this provision states are referred to the Federal Emergency Management Agency FEMA . States may direct inquiries about this to fema-lwa-reporting fema.dhs.gov. Section 265 of the Continued Assistance Act provides that a Commonwealth Only Transitional Worker shall be considered a qualified alien for purposes of eligibility under the PUA and FPUC programs. This change primarily impacts claims in the Commonwealth of the Northern Mariana Islands and will be discussed in more detail in a forthcoming Change to UIPL No. 16-20. Section 266 of the Continued Assistance Act provides that states which have triggered off of an Extended Benefits EB period and later trigger back on may choose to disregard the 13-week mandatory off period described in Section 203 b 1 B of the Federal-State Extended Unemployment Compensation Act of 1970 EUCA for weeks between November 1 2020 and December 31 2021 if state law permits. This will be discussed in more detail in a forthcoming Change to UIPL No. 24-20. Attachment I provides an updated summary of the coordination of unemployment benefit programs including a program progression chart. Attachment II lists important dates within the Continued Assistance Act. Attachment III provides sample notification language that states may use to notify individuals about changes to program dates and amounts resulting from the Continued Assistance Act. Attachment IV provides instructions for states to complete the SF-424 for implementation costs. b. Background On March 18 2020 the President signed the Families First Coronavirus Response Act Pub. L. 116-127 which includes EUISAA in Division D. EUISAA provides 1 emergency administrative grants to states 2 emergency flexibilities to states 3 related to temporarily modifying certain aspects of their unemployment compensation UC laws 3 a short-term waiver of Title XII 42 U.S.C. 1321 et al. interest payments due and interest accrual on Title XII advances to states and 4 full federal funding under certain circumstances of EB. The latter two provisions were set to expire on December 31 2020. See UIPL No 13-20 published on March 22 2020. On March 27 2020 the President signed the CARES Act Pub. L. 113-136 which includes the Relief for Workers Affected by Coronavirus Act set out in Title II Subtitle A. The UI provisions in the CARES Act include creation of three new UC programs PUA FPUC and PEUC. FPUC expired on July 31 2020 and PUA and PEUC were set to expire on December 31 2020 prior to the passage of the Continued Assistance Act. Additionally the CARES Act provided for emergency unemployment relief for governmental entities and nonprofit organizations temporary full federal funding of the first week of compensable regular UC for states with no waiting week as well as temporary financing of short-time compensation STC payments and federal STC benefit costs all of which were set to expire on December 31 2020. The CARES Act also amended Section 4102 b EUISAA by providing states with temporary emergency flexibility of the merit staffing provision as needed in response to the spread of COVID- 19 through December 31 2020. For general information about the UI provisions in the CARES Act see UIPL No. 14-20 published on April 2 2020 and UIPL No. 14-20 Change 1 published on August 12 2020. On August 3 2020 the President signed the Protecting Nonprofits Act which further amended Section 903 i of the Social Security Act SSA which was created under Section 2103 of the CARES Act related to emergency unemployment relief for governmental entities and nonprofit organizations. Importance of Program Integrity. Addressing improper payments and fraud is a top priority for the Department and the entire UI system. It is critical that states implement UI programs and provisions to ensure that payments are being made to eligible individuals and that states have aggressive strategies and tools in place to prevent detect and recover fraudulent payments with a particular emphasis on imposter fraud by claimants using false identities. The programs and provisions within the Continued Assistance Act EUISAA and the CARES Act operate in tandem with the fundamental eligibility requirements of the Federal-State UI program. These requirements include that an individual file certifications with respect to each week of unemployment that is paid and that an individual be able to work and available for work except as specifically provided for in statute. In addition the Continued Assistance Act includes new program integrity requirements for the PUA and PEUC programs with which states must comply. Some states remain in the midst of managing extraordinary workloads due to the effects of the spread of COVID-19. During this time there is a heightened need for states to maintain a steadfast focus on UI functions and activities that ensure program integrity 4 and the prevention and detection of improper payments and fraud across all programs operated within the UI system. UIPL No. 23-20 published on May 11 2020 discusses program integrity for the UI system. UIPL No. 28-20 published on August 31 2020 provides states with funding to assist with efforts to prevent and detect fraud and identity theft and recover fraud overpayments in the PUA and PEUC programs. States play a fundamental role in ensuring the integrity of the UI system. While states have been provided some flexibilities as a result of the COVID-19 pandemic those flexibilities are generally limited to emergency temporary actions as needed to respond to the spread of COVID-19. States must ensure that individuals only receive benefits in accordance with federal and state law. ETA strongly encourages states to utilize the tools resources and services of the UI Integrity Center funded by the Department and operated in partnership with the National Association of State Workforce Agencies. One of the key assets to support addressing fraud is the Integrity Data Hub IDH which includes a variety of data sets to prevent and detect fraud based on identity theft at the time of application including an identity verification solution. ETA also encourages states to consult with the UI Integrity Center on data analytics and to prioritize IDH hits as well as on other tools and solutions available through the private sector that complement the IDH. In UIPL No. 28-20 the Department explained its expectation that states connect to the IDH no later than March 31 2021 and encouraged states to use their share of the funding provided through that UIPL to support IDH connection as soon as possible. There is also a range of other tools on the market that states should consider when combating fraud and ensuring program integrity. 4. Guidance. Below is a summary of the programmatic changes included in the Continued Assistance Act. a. Amendments to EUISAA. The Continued Assistance Act extends certain provisions of EUISAA as set out below. i. Emergency state staffing flexibilities Section 205 of the Continued Assistance Act . Authority for temporary emergency staffing flexibilities in response to the spread of COVID-19 is extended to March 14 2021. With this change refer to Section 4.d. of UIPL No. 14-20 for additional details. ii. Temporary assistance for states with advances Section 221 of the Continued Assistance Act . The period of time during which interest will be deemed paid and no interest will accrue on state advances from the Federal Unemployment Account FUA is extended to March 14 2021. With this change see UIPL No. 13-20. iii. Full federal funding of EB Section 222 of the Continued Assistance Act . Guidance about these provisions will be provided as a Change to UIPL No. 24-20. 5 Extension of Full Federal Funding Period for Sharable Costs. Full federal funding of sharable regular compensation and sharable extended compensation for eligible states is extended through weeks of unemployment beginning before March 14 2021. In states where the week of unemployment ends on a Saturday the last week of unemployment for which full federal funding is available is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last week of unemployment for which full federal funding is available is the week ending March 14 2021. Extension of Full Federal Funding Period for the First Week of EB in States without a Waiting Week. Temporary federal matching for the first week of EB for states with no waiting week is extended to weeks of unemployment beginning before March 14 2021. In states where the week of unemployment ends on a Saturday the last week of unemployment for which this funding is available is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last week of unemployment for which this funding is available is the week ending March 14 2021. Note that this is a separate provision from the full federal funding of the first week of compensable regular UC which is provided for in the CARES Act and discussed in more detail in Section 4.b.iv. of this UIPL. The temporary emergency flexibilities provided for in Section 4102 b EUISAA regarding waiting week work search good cause and experience rating do not change with the enactment of the Continued Assistance Act. States continue to have flexibility in applying these provisions on a temporary emergency basis as needed to respond to the spread of COVID-19. See UIPL No. 13-20 and its Changes. b. Amendments to the CARES Act. The Continued Assistance Act provides for the extension and modification of certain CARES Act provisions as set out below. The Agreement Implementing the Relief for Workers Affected by Coronavirus Act that was signed by each state in March 2020 remains in effect with the modifications and extensions of these updated provisions. As provided in paragraph I. of the Agreement The insert state name State Workforce Agency hereinafter referred to as the Agency will make payments of benefits in accordance with the provisions of the Act identified in paragraph XIV the CARES Act and any future amendments thereto which are incorporated herein by reference and will cooperate with the U.S. Department of Labor Department of Labor and with other state agencies in making such payments. The Department interprets the Agreement to incorporate amendments to the CARES Act made by the Continued Assistance Act. The Department does not view having a new 6 agreement or addendums as necessary in order to implement the statutory changes because amendments are incorporated by reference except in the case where a state decides to administer the MEUC program. States choosing to administer the MEUC program must provide a signed addendum to the CARES Act FPUC Agreement to the Department. States deciding to not administer the program must also communicate that to the Department. States are asked to take one of these actions no later than January 2 2021. Under the Agreement already in place states are required to operate the programs as required by the amendments and the Department s guidance. As set forth in Section XI of the Agreement a state may terminate specific provisions within the agreement listed in Section XIV or terminate the agreement itself with thirty days written notice if it chooses to no longer administer such provisions. i. PUA multiple sections in the Continued Assistance Act . A summary of the amendments to the PUA program is provided below. Guidance about these provisions will be provided as a Change to UIPL No. 16-20. Extension of Program Section 201 a of the Continued Assistance Act . The end of the period of applicability for the PUA program is extended without interruption to weeks of unemployment ending on or before March 14 2021. In states where the week of unemployment ends on a Saturday the last payable week of PUA is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last payable week of PUA is the week ending March 14 2021. New Phaseout Period Section 201 a of the Continued Assistance Act . Individuals that are receiving PUA as of the end of the program either week ending March 13 or 14 as outlined above and have not yet exhausted their PUA entitlement may continue to collect PUA for any week in which they have remaining entitlement and are otherwise eligible. However no PUA is payable for any week beginning after April 5 2021. Individuals are identified as receiving PUA if they are eligible for the payment of PUA with respect to week ending March 13 2021 or March 14 2021 for states with a Sunday week-ending date . In states where the week of unemployment ends on a Saturday the last payable week of PUA for individuals who are eligible to participate in the phaseout period is the week ending April 10 2021. In states where the week of unemployment ends on a Sunday the last payable week of PUA for individuals qualified to participate in the phaseout period is the week ending April 11 2021. Additional Weeks Available Section 201 b of the Continued Assistance Act . The maximum number of weeks of PUA benefits is increased from 39 7 weeks to 50 weeks. The number of weeks available continues to be reduced by any weeks of regular UC and EB that the individual receives with respect to the Pandemic Assistance Period. Individuals may only collect these additional 11 weeks of benefits with respect to weeks of unemployment beginning on or after December 27 2020. In states where the week of unemployment ends on a Saturday the first week for which these additional 11 weeks of benefits may be collected is the week ending January 2 2021. In states where the week of unemployment ends on a Sunday the first week for which these additional 11 weeks of benefits may be collected is the week ending January 3 2021. Establishes the Appeals Process in Statute Section 201 c of the Continued Assistance Act . This provision establishes the Department s previous guidance from Section 13.g. of Attachment I to UIPL No. 16-20 in statute. States must continue to process PUA appeals in the same manner and to the same extent as the state would conduct appeals of determinations or redeterminations regarding rights to regular UC. Additionally with respect to any appeal filed in Guam American Samoa the Commonwealth of the Northern Mariana Islands the Federated States of Micronesia the Republic of the Marshall Islands and the Republic of Palau appeals must be carried out by the applicable entity in the state in the same manner and to the same extent as those conducted under the UC law of Hawaii. Any decision issued on appeal or review before the date of enactment December 27 2020 is not affected by this provision. New Authority to Waive Overpayments Section 201 d of the Continued Assistance Act . States are provided the authority to waive PUA overpayments only when the individual is not at fault for the payment and repayment would be contrary to equity and good conscience. This waiver authority applies to improper payments made at any time since the PUA program began. New Hold Harmless for Proper Administration Section 201 e of the Continued Assistance Act . Generally an individual must have exhausted all entitlement to regular UC PEUC and EB before filing for PUA. However Section 201 e of the Continued Assistance Act provides a hold harmless provision for an individual who previously exhausted PEUC and is now receiving PUA but because of Section 206 b of the Continued Assistance Act becomes eligible for additional amounts of PEUC beginning on or after December 27 2020. States may continue paying PUA to an individual currently receiving PUA who is newly eligible to receive PEUC due to the additional weeks of PEUC. This flexibility is allowed for an appropriate period of time as determined by the Secretary of Labor. 8 The Department considers four weeks of unemployment commencing after the date of enactment of the Continued Assistance Act January 23 2021 an appropriate period of time for states to implement the additional amounts of PEUC and move an individual from his or her PUA claim back to PEUC. During this time an individual may remain eligible for PUA notwithstanding the fact that the individual now has additional entitlement to PEUC. Recognizing the unique circumstances states face and the number and complexity of UI programmatic changes that states must swiftly implement should a state determine that it will not be able to transition individuals from PUA back to PEUC in that timeframe the state must contact the appropriate ETA Regional Office to determine the earliest data that the state will be able to implement this transition. Individuals may not receive payments under both the PUA and PEUC programs for the same week of unemployment. Any PUA payments made with respect to weeks of unemployment during this implementation period do not need to be moved from the PUA to PEUC claim. This will not affect the individual s entitlement amounts to the additional PEUC benefits. Should the individual later exhaust PEUC and resume filing against his or her PUA claim such weeks of PUA will be deducted from the individual s overall PUA entitlement. New Limitations on Backdating Section 201 f of the Continued Assistance Act . As discussed in Question 4 of Attachment I to UIPL No. 16-20 Change 1 individuals filing for PUA must have their claim backdated to the first week during the Pandemic Assistance Period that the individual was unemployed partially unemployed or unable or unavailable to work because of a COVID- 19 related reason listed in Section 2102 a 3 A ii I of the CARES Act. However first applications for PUA that are filed after December 27 2020 may not be backdated earlier than December 1 2020. In states where the week of unemployment ends on a Saturday the earliest effective date for such claims is December 6 2020. In states where the week of unemployment ends on a Sunday the earliest effective date for such claims is December 7 2020. Technical Change Section 209 of the Continued Assistance Act . The text of Section 2102 h of the CARES Act is updated to reference part 625 rather than section 625 of Title 20 of the Code of Federal Regulations. This statutory change does not have an operational effect on program administration. New Requirement for Individuals to Submit Documentation Substantiating Employment or Self-Employment Section 241 of the Continued Assistance Act . Any individual that receives a payment of PUA after the date of enactment December 27 2020 is required to provide documentation 9 substantiating employment or self-employment or the planned beginning of employment or self-employment. The deadline for providing such documentation depends on when the individual filed the initial PUA claim. o Filing New Applications for PUA. Individuals filing a new PUA application on or after January 31 2021 regardless of whether the claim is backdated are required to provide documentation within 21 days of application or the date the individual is directed to submit the documentation by the State Agency whichever is later. The deadline may be extended if the individual has shown good cause under state UC law within 21 days. o Filing Continued Claims for PUA. Individuals who applied for PUA before January 31 2021 and receive a payment of PUA on or after December 27 2020 regardless of which week ending date is being paid are required to provide documentation substantiating employment or self- employment or the planned beginning of employment or self- employment within 90 days of application or when directed to submit the documentation by the State Agency whichever is later. The deadline may be extended if the individual has shown good cause under state UC law. New Requirement for States to Verify Identity of Applicants for PUA Section 242 of the Continued Assistance Act . For states to have an adequate system for administering the PUA program states must include procedures for identity verification or validation and for timely payment to the extent reasonable and practicable for claims filed on or after January 26 2021. Establishes the Requirement for Individuals to Recertify Eligibility Every Week in Statute Section 263 of the Continued Assistance Act . Individuals must provide a self-certification that their unemployment partial unemployment or inability or unavailability to work is specifically attributable to one or more of the COVID-19 related reasons specified in section 2102 a 3 A ii I aa through kk of the CARES Act and must identify that specific reason for each week that PUA is claimed. This applies with respect to weeks beginning on or after January 26 2021. In states where the week of unemployment ends on a Saturday the first applicable week is week ending February 6 2021. In states where the week of unemployment ends on a Sunday the first applicable week is February 7 2021. Additionally in the case of states that made a good faith effort to implement the PUA program for weeks prior to the effective date of this provision an individual will not be denied benefits for prior weeks solely for failing to submit a weekly self-certification. 10 ii. Relief for governmental entities and nonprofit organizations. The Continued Assistance Act makes the following changes Extension of Federal Funding Period Section 202 of the Continued Assistance Act . The applicable period for emergency unemployment relief for governmental entities and nonprofit organizations as created under Section 2103 of the CARES amended by the Protecting Nonprofits Act and codified at Section 903 i SSA is extended to weeks of unemployment ending on or before March 14 2021. In states where the week of unemployment ends on a Saturday the last week of unemployment for which funding is available is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last week of unemployment for which funding is available is the week ending March 14 2021. Extend Application of Section 903 i SSA to the John. F. Kennedy Center Section 264 of the Continued Assistance Act . Application of emergency unemployment relief under Section 903 i SSA is extended to also include services attributable to entities created by Pub. L. 85-874 which includes the John F. Kennedy Center which is a federal trust instrumentality. This is retroactively effective to weeks of unemployment beginning after March 12 2020 week ending March 21 2020 for states with a Saturday week ending date and week ending March 22 2020 for states with a Sunday week ending date . States can identify affected benefit costs using the Federal Identification Code FIC 619. With these changes refer to UIPL No. 18-20 Change 1 published on August 12 2020 for additional details. iii. FPUC multiple sections in the Continued Assistance Act . A summary of the amendments to the FPUC program is provided below. Guidance about these provisions will be provided as a Change to UIPL No. 15-20. Reauthorization of Program and Modification of Weekly Benefit Amount WBA Section 203 of the Continued Assistance Act . The FPUC program which expired July 31 2020 is reauthorized and modified to provide 300 per week in supplemental benefits for weeks of unemployment beginning after December 26 2020 and ending on or before March 14 2021. FPUC is not payable with respect to any week during the gap in applicability that is weeks of unemployment ending after July 31 2020 through weeks of unemployment ending on or before December 26 2020. In states with an Agreement to administer the FPUC program where the week of unemployment ends on a Saturday the first week for which FPUC must be paid at the 300 amount is the week ending January 2 2021. The last week of 11 unemployment for which FPUC must be paid is week ending March 13 2021. In states where the week of unemployment ends on a Sunday the first week for which FPUC must be paid at the 300 amount is week ending January 3 2021. The last week of unemployment for which FPUC must be paid is week ending March 14 2021. Note that although the PUA and PEUC programs now have a phaseout period after they expire on March 14 2021 FPUC is not payable with respect to weeks of unemployment during such phaseout period. Technical Change Section 203 of the Continued Assistance Act . The inclusion of Short-Time Compensation STC is codified under the definition of unemployment benefits. This statutory change does not have an operational effect on program administration since prior Department guidance included STC among the UI programs for which an individual s benefit amount is supplemented by FPUC. New Provision for Mixed Earners Section 261 of the Continued Assistance Act . Within Section 2104 of the CARES Act which authorizes FPUC the Continued Assistance Act adds authorization for the MEUC program which is an optional program for states to administer. The MEUC program provides certain individuals with an additional 100 payment each week in addition to the FPUC payment. Eligible individuals must i have received at least 5 000 of self-employment income in the most recent taxable year prior to the individual s application for regular UC ii be receiving a UI benefit other than PUA for which FPUC is payable and iii submit documentation substantiating their self-employment income. This additional payment does not apply to individuals collecting PUA. MEUC is payable beginning with weeks of unemployment no earlier than week ending January 2 2021 January 3 2021 for states with a Sunday week ending date through the week of unemployment ending on or before March 14 2021. iv. Full federal funding of the first week of compensable regular UC Section 204 of the Continued Assistance Act . The Continued Assistance Act makes the following changes Extension of Federal Funding Period. For states without a waiting week provision in their state UC law reimbursement of the first week of regular UC is available through weeks of unemployment ending on or before March 14 2021. In states where the week of unemployment ends on a Saturday the last week of unemployment for which reimbursement is available is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last week of unemployment for which reimbursement is available is the week ending March 14 2021. 12 Modification of Federal Funding Level. The amount of federal funding for reimbursement under this provision decreases from 100 percent to 50 percent for weeks of unemployment ending after December 31 2020. In states where the week of unemployment ends on a Saturday the last week of unemployment for which 100 percent funding is available is the week ending December 26 2020. In states where the week of unemployment ends on a Sunday the last week of unemployment for which 100 percent funding is available is the week ending December 27 2020. Subject to these changes refer to UIPL No. 20-20 published on April 30 2020 for additional details. v. PEUC multiple sections in the Continued Assistance Act . A summary of the amendments to the PEUC program is provided below. Guidance about these provisions will be provided as a Change to UIPL No. 17-20. Extension of Program Section 206 a of the Continued Assistance Act . The end of the period of applicability for the PEUC program is extended without interruption to weeks of unemployment ending on or before March 14 2021. In states where the week of unemployment ends on a Saturday the last payable week of PEUC is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last payable week of PEUC is the week ending March 14 2021. New Phaseout Period Section 206 a of the Continued Assistance Act . Individuals that are receiving PEUC as of the end of the program and have not yet exhausted their PEUC entitlement may continue to collect PEUC if they have remaining entitlement and are otherwise eligible to receive these benefits. However no PEUC is payable for any week beginning after April 5 2021. Individuals are identified as receiving PEUC if they are eligible for the payment of PEUC with respect to week ending March 13 2021 or March 14 2021 for states with a Sunday week-ending date . In states where the week of unemployment ends on a Saturday the last payable week of PEUC for individuals who are eligible to participate in the phaseout period is the week ending April 10 2021. In states where the week of unemployment ends on a Sunday the last payable week of PEUC for individuals qualified to participate in the phaseout period is the week ending April 11 2021. Additional Weeks Available Section 206 b of the Continued Assistance Act . The maximum amount of PEUC benefits is increased from 13 times the individual s average WBA to 24 times the individual s average WBA. Individuals may only collect the additional amount 11 times their average 13 WBA with respect to weeks of unemployment beginning on or after December 27 2020. In states where the week of unemployment ends on a Saturday the first week for which these additional benefits may be collected is the week ending January 2 2021. In states where the week of unemployment ends on a Sunday the first week for which these additional benefits may be collected is the week ending January 3 2021. New Option for a State to Allow an Individual to Continue Collecting PEUC When Eligible for a New Regular UC Claim Section 206 c of the Continued Assistance Act . The PEUC requirement that individuals must exhaust all regular UC entitlement in order to be eligible for PEUC may be modified by states for individuals that meet certain requirements. The Continued Assistance Act provides options for the states to elect to allow continued payment of PEUC when an individual qualifies for regular UC in a subsequent benefit year if the individual s previous benefit year expires after December 27 2020 and the regular UC WBA payable on that subsequent benefit year is at least 25 lower than the PEUC WBA and certain other conditions are met. For states where the week of unemployment ends on a Saturday this applies to claims with a benefit year expiration date of January 2 2021 or later. For states where the week of unemployment ends on a Sunday this applies to claims with a benefit year expiration date of January 3 2021 or later. New Requirement for Individuals Receiving EB to Exhaust EB before Collecting Additional Weeks of PEUC Section 206 c of the Continued Assistance Act . The Coordination Rule found in Section 2107 a 5 of the CARES Act has changed. If an individual previously exhausted PEUC and began receiving EB he or she must exhaust EB before being eligible to receive the additional amount of PEUC now available under the Continued Assistance Act. Related EB Provision Section 206 c of the Continued Assistance Act The application of Section 203 c of the Federal-State Extended Unemployment Compensation Act of 1970 EUCA to PEUC exhaustees has changed. If permitted under state law as long as the state is in an EB period after the date the individual exhausts PEUC even if the individual s benefit year has expired the individual may still be eligible for EB. Guidance about this provision will be provided as a Change to UIPL No. 24-20. vi. Temporary financing of STC payments Sections 207 and 208 of the Continued Assistance Act . For states operating an STC program reimbursement of STC payments has been extended to include weeks of unemployment ending on or before March 14 2021. 14 In states where the week of unemployment ends on a Saturday the last week of unemployment for which reimbursement is available is the week ending March 13 2021. In states where the week of unemployment ends on a Sunday the last week of unemployment for which reimbursement is available is the week ending March 14 2021. With this change for states with an existing STC program in state law refer to UIPL No. 21-20 published May 3 2020 for additional details. States are reminded that the CARES Act also provides states with grant funds to implement or improve administration of an STC program and to promote and enroll employers. The deadline to apply for these grants has not changed. It is December 31 2023. See UIPL No. 22-20 published May 10 2020. c. Return to Work Reporting Requirement. Section 251 of the Continued Assistance Act creates a new Section 2117 within the CARES Act and includes three requirements that apply to all states territories and freely associated states participating in an agreement under any of the CARES Act UI-related provisions. These requirements take effect 30 days from the date of enactment which is January 26 2021. Although under the Act they must only remain in place during any period in which the state s agreement is in effect we strongly encourage states to ensure there are permanent mechanisms in place to track work refusal accusations. i. Process for addressing work refusals. States must have a method to address circumstances in which an individual refuses to return to work or to accept an offer of suitable work without good cause. The key requirement is that states have a procedure for how reports are received evaluated adjudicated and resolved to determine the impact on an individual s continued eligibility for unemployment benefits. ii. Reporting method for employers. States must provide a reporting method for employers to notify the state agency when an individual refuses an offer of employment. Examples of this reporting method include but are not limited to a phone line email address or online portal by which employers can notify the state agency. Nothing in the Act requires employers to report work refusals. The Act requires that states have a method allowing employers to submit such information. iii. Notification to individuals. States must provide a plain-language notice to claimants who refuse to return to work or to accept an offer of suitable work without good cause. Such notice must include the following information. Summary of state UC laws regarding an individual s return to work Statement about the individual s rights to refuse to return to work or to refuse suitable work 15 Explanation of what constitutes suitable work under state UC law Explanation of the individual s right to refuse work that poses a risk to the individual s health or safety if permissible and as defined under state law and Instructions for contesting a denial if the denial is due to a report by an employer that the individual refused to return to work or refused suitable work. State laws regarding the definition of suitable work will vary as will state s application of good cause for refusing an offer of work. Additionally a state may choose to exercise temporary emergency flexibility in its application of good cause as provided for under Section 4102 b EUISAA in response to the spread of COVID-19. As such each state has flexibility on the design of this notification provided such notice includes the specific information identified above. States must include this notification at the time an adjudication issue for refusing work is created. This may be accomplished through a stand-alone notice or as part of the fact-finding questionnaire. The distribution method should be consistent with other correspondence provided to the claimant by the state which may include mail email or though the individual s online web portal. States may as a best practice also include this information in the Benefit Rights Interview BRI or Claimant Handbook as messaging on an automated phone system or as messaging on the state s UI website. Additionally upon resolution of the adjudication issue for refusing work states are still required to include specific information on the written determination including a summary of the material facts reasoning and conclusion of law and the individual s appeal rights refer to pages V-16 and V-17 of ET Handbook 301 5th Edition . States may as a best practice also include the information described in Section 251 of the Continued Assistance Act in the body of the written determination as an attachment to the written determination or as a separate notice. This notification requirement does not change the existing adjudication standards that apply when assessing an individual s eligibility after learning that he or she refused to return to work or to accept an offer of work. These adjudication standards are found in the Claims Determinations Standards 20 C.F.R. Part 614 Appendix B ET Handbook No. 301 5th Edition UI Performs Benefits Timeliness and Quality Nonmonetary Determinations Quality Review or elsewhere in Departmental guidance. d. Administrative Costs for Implementation of Changes. The Department will make available 500 000 to each state for the implementation of the provisions associated with the PUA FPUC and PEUC amendments cited above. The funding will be added to the 16 state s COVID Pandemic grant in the following fashion PUA administration 250 000 FPUC administration 100 000 and PEUC administration 150 000. In addition for states electing to provide MEUC 150 000 will be provided as startup costs. If states exhaust resources before implementation changes are completed state may submit supplemental budget requests for additional administrative funds for one or more of the programs. States are required to submit a signed SF-424 form for each funding allotment i.e. SF- 424 for the PUA SF-424 for the FPUC SF-424 for the PEUC and a SF-424 for MEUC if the state is participating in the MEUC program . ETA encourages states to submit these forms as soon as possible but no later than February 1 2021 by electronic submission to the National Office at covid-19 dol.gov with a copy to the appropriate ETA Regional Office. For additional information on completing the SF-424 please refer to Attachment IV Instructions for Completing the SF-424. Additionally please note that grantees that receive supplemental grant awards for implementing these program changes must submit a quarterly progress report using the form ETA 9178-P to the appropriate ETA Regional Office. The form ETA 9178-P requires the grantee to provide ETA with narrative updates on supplemental grant activities. Attachment II and III to UIPL No. 16-20 Change 1 contains form ETA 9178- P and instructions for completing the form ETA 9178-P and timeline for the submission of these status reports. 5. Inquiries. Please direct inquiries to covid-19 dol.gov with a copy to the appropriate ETA Regional Office. 6. References. Consolidated Appropriations Act 2021 including Division N Title II Subtitle A the Continued Assistance for Unemployed Workers Act of 2020 Protecting Nonprofits from Catastrophic Case Flow Strain Act of 2020 Pub. L. 116- 151 Coronavirus Aid Relief and Economic Security CARES Act Pub. L. 116-136 including Title II Subtitle A Relief for Workers Affected by Coronavirus Act Families First Coronavirus Response Act Pub. L. 116-127 including Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020 EUISAA Section 203 of the Federal-State Extended Unemployment Compensation Act of 1970 EUCA 26 U.S.C. 3304 note Title XII Social Security Act 42 U.S.C. 1321 et al. 20 C.F.R. Part 603 Federal-State Unemployment Compensation UC Program Confidentiality and Disclosure of State UC Information 20 C.F.R. Part 614 Appendix B Standard for Claim Determination Separation Information 20 C.F.R. Part 625 Disaster Unemployment Assistance 17 UIPL 28-20 Addressing Fraud in the Unemployment Insurance UI System and Providing States with Funding to Assist with Efforts to Prevent and Detect Fraud and Identity Theft and Recover Fraud Overpayments in the Pandemic Unemployment Assistance PUA and Pandemic Emergency Unemployment Compensation PEUC Programs issued August 31 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 8044 UIPL No. 24-20 Temporary Changes to the Federal-State Extended Benefits EB Program in Response to the Economic Impacts of the Coronavirus Disease 2019 COVID-19 Pandemic Emergency issued May 14 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 7132 UIPL No. 23-20 Program Integrity for the Unemployment Insurance UI Program and the UI Programs Authorized by the Coronavirus Aid Relief and Economic Security CARES Act of 2020 Federal Pandemic Unemployment Compensation FPUC Pandemic Unemployment Assistance PUA and Pandemic Emergency Unemployment Compensation PEUC Programs issued May 11 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 4621 UIPL No. 22-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Short-Time Compensation STC Program Grants issued May 10 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 6220 UIPL No. 21-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 - Short-Time Compensation STC Program Provisions and Guidance Regarding 100 Percent Federal Reimbursement of Certain State STC Payments issued May 3 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 9622 UIPL No. 20-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 - Operating Financial and Reporting Instructions for Section 2105 Temporary Full Federal Funding of the First Week of Compensable Regular Unemployment for States with No Waiting Week issued April 30 2020 https wdr.doleta.gov directives corr doc.cfm docn 6324 UIPL No. 18-20 Change 1 Amendments to the Coronavirus Aid Relief and Economic Security CARES Act of 2020 - Emergency Unemployment Relief for State and Local Governmental Entities Certain Nonprofit Organizations and Federally- Recognized Indian Tribes issued August 12 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 8149 UIPL No. 17-20 Change 1 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Pandemic Emergency Unemployment Compensation PEUC Program Questions and Answers and Revised Reporting Instructions for the PEUC ETA 227 issued May 13 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 8689 UIPL No. 17-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Pandemic Emergency Unemployment Compensation PEUC Program Operating Financial and Reporting Instructions issued April 10 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 8452 UIPL No. 16-20 Change 3 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Pandemic Unemployment Assistance PUA in the Context of School Systems Reopening issued August 27 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 3849 18 UIPL No. 16-20 Change 2 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Pandemic Unemployment Assistance PUA Additional Questions and Answers issued July 21 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 5479 UIPL No. 16-20 Change 1 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Pandemic Unemployment Assistance PUA Program Reporting Instructions and Questions and Answers issued April 27 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 5899 UIPL No. 16-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Pandemic Unemployment Assistance PUA Program Operating Financial and Reporting Instructions issued April 05 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 4628 UIPL No. 15-20 Change 2 Coronavirus Aid Relief and Economic Security CARES Act of 2020 New Data Collection Instrument and Revised Reporting Instructions for Federal Pandemic Unemployment Compensation FPUC issued June 15 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 7785 UIPL No. 15-20 Change 1 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Federal Pandemic Unemployment Compensation FPUC Program Reporting Instructions and Questions and Answers issued May 9 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 3946 UIPL No. 15-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Federal Pandemic Unemployment Compensation FPUC Program Operating Financial and Reporting Instructions issued April 14 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 9297 UIPL No. 14-20 Change 1 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Questions and Answers issued August 12 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 3791 UIPL No. 14-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Summary of Key Unemployment Insurance UI Provisions and Temporary Emergency State Staffing Flexibility issued April 2 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 3390 UIPL No. 13-20 Change 1 Families First Coronavirus Response Act Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020 EUISAA - Reporting Instructions Modification to Emergency Administrative Grants Application Requirement and Questions and Answers issued May 4 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 5374 UIPL No. 13-20 Families First Coronavirus Response Act Division D Emergency Unemployment Insurance Stabilization and Access Act of 2020 issued March 22 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 8634 UIPL No. 03-20 Minimum Disaster Unemployment Assistance DUA Weekly Benefit Amount January 1 March 31 2020 issued December 12 2019 https wdr.doleta.gov directives corr doc.cfm DOCN 3675 and ET Handbook No. 301 5th Edition Benefits Timeliness and Quality Nonmonetary Determinations Quality Review. 19 7. Attachment s . Attachment I Coordination of Unemployment Benefit Programs including Program Progression Chart. Attachment II Important Dates for the Continued Assistance for Unemployed Workers Act of 2020. Attachment III Sample Notification Language for Claimants. Attachment IV Instructions for Completing the SF-424. I-1 Attachment I to UIPL No. 9-21 Coordination of Programs An individual may establish eligibility for multiple unemployment insurance UI benefit programs including multiple UI programs authorized in the Coronavirus Aid Relief and Economic Security CARES Act and the Continued Assistance for Unemployed Workers Act of 2020 Continued Assistance Act . The information provided below regarding the order of payment is contingent on an individual meeting all eligibility criteria for the respective program s . It is also contingent on the state having entered into an agreement with the Secretary of Labor to administer such program s . A flowchart is included at the end of this narrative. Track 1. For an individual who is eligible for regular Unemployment Compensation UC which includes Unemployment Compensation for Federal Civilian Employees UCFE and Unemployment Compensation for Ex-servicemembers UCX the following order of payment applies. A. Regular UC. The individual must first apply for and receive regular UC. Weekly Benefit Amount WBA Dependent on state law Duration of benefits Dependent on state law B. Pandemic Emergency Unemployment Compensation PEUC . If the individual exhausts regular UC the individual may then be eligible to receive PEUC under section 2107 of the CARES Act. WBA Based on the regular UC claim Duration of benefits Initially limited to 13 times the individual s average WBA. For weeks of unemployment beginning on or after December 27 2020 the individual may receive an additional amount of PEUC equal to 11 times the individual s average WBA for an overall total equal to 24 times the individual s WBA. Special Note on Program Coordination PEUC and Regular UC . There are certain circumstances under which an individual who is collecting PEUC and becomes eligible for a new benefit year of regular UC may be able to continue collecting PEUC instead of filing the new regular UC claim. Refer to additional detail in UIPL No. 17-20 and its Changes. C. Extended Benefits EB . If the individual exhausts PEUC and the state has triggered on to EB the individual may then be eligible to receive EB during the applicable EB period. WBA Based on the regular UC claim I-2 Duration of benefits Up to 13 or 20 weeks refer to Section 202 b of the Federal- State Extended Unemployment Compensation Act of 1970 EUCA dependent on the state s unemployment rate which may result in a high unemployment period HUP Special Note on Program Coordination EB and Regular UC . If at any time while the individual is collecting EB the individual becomes eligible for regular UC the individual must stop collecting EB and file a new regular UC claim. Special Note on Program Coordination EB and PEUC . If an individual previously exhausted the initial entitlement to PEUC 13 times the individual s average WBA and is currently collecting EB at the time the additional PEUC amount under Section 206 of the Continued Assistance Act 11 times the individual s average WBA becomes available the individual must exhaust the existing EB entitlement before reverting back to collect the additional amount of PEUC. D. Pandemic Unemployment Assistance PUA . If the state is not triggered on to EB or the individual exhausts EB in addition to exhausting regular UC and PEUC the individual may then be eligible to receive PUA under Section 2104 of the CARES Act. Note that at least one of the identified COVID-19 related reasons specified in Section 2102 a 3 A ii I aa - kk must apply to the individual for each week of unemployment in order to be eligible for PUA. WBA Calculated per the regulations for Disaster Unemployment Assistance DUA which are applicable to PUA. See 20 C.F.R. Part 625.6 e . For individuals who do not qualify for a higher WBA the minimum PUA WBA for each state is provided in UIPL No. 03-20 and applies to all PUA claims regardless of filing date. Duration of benefits Initially limited to 39 weeks minus any weeks of benefits that the individual received during the Pandemic Assistance Period from regular UC and EB. For weeks of unemployment beginning on or after December 27 2020 the individual may receive an additional amount of PUA equal to 11 weeks of unemployment for an overall total equal to 50 weeks minus any weeks that the individual received regular UC and EB during the Pandemic Assistance Period. During the period in which a state is triggered on to a HUP under EB law the PUA duration is extended for up to an additional 7 weeks. Special Note on Program Coordination PUA and Regular UC . If at any time while the individual is collecting PUA the individual becomes eligible for regular UC the individual must stop collecting PUA and file a new regular UC claim. Special Note on Program Coordination PUA and PEUC . If an individual previously exhausted the initial entitlement to PEUC 13 times the individual s average WBA and is currently collecting PUA at the time the additional PEUC amount under Section 206 of the Continued Assistance Act 11 weeks times the individual s average WBA I-3 becomes available the state must stop the PUA claim and have the individual revert to collecting the additional amounts of PEUC. The Secretary of Labor will determine the appropriate period of time for a state to take such actions during which the individual s continued receipt of PUA will not be considered an overpayment. Refer to additional detail in UIPL No. 16-20 and its Changes. Special Note on Program Coordination PUA and EB . If a state triggers on to EB during the period in which an individual is collecting PUA and the individual has not previously exhausted entitlement to EB for the respective benefit year then the individual must stop collecting PUA and file for EB. Track 2. For an individual who is self-employed seeking part-time employment does not have sufficient work history or is otherwise not eligible for regular UC EB or PEUC and who meets the requirements under section 2102 a 3 A ii I aa - kk of the CARES Act the individual may collect PUA under section 2102 of the CARES Act. WBA Calculated per the DUA regulations which are applicable to PUA. Duration of benefits Initially limited to 39 weeks minus any weeks that the individual received during the Pandemic Assistance Period from regular UC and EB. For weeks of unemployment beginning on or after December 27 2020 if the PUA eligibility requirements are met the individual may receive an additional 11 weeks of PUA for an overall total equal to 50 weeks minus any weeks that the individual received regular UC and EB during the applicable Pandemic Assistance Period. During the period in which a state is triggered on to a HUP under EB law the PUA duration is extended for up to an additional 7 weeks. Other Considerations Federal Pandemic Unemployment Compensation FPUC . The FPUC program under the CARES Act originally provided an additional 600 per week to an individual collecting regular UC PEUC PUA EB STC TRA DUA and Self- Employment Assistance SEA . Individuals received FPUC payments concurrently with payments under these programs. Upon execution of an agreement between the state and Department FPUC applied to all weeks of unemployment ending on or before July 31 2020. Under the Continued Assistance Act for weeks of unemployment beginning after December 26 2020 and ending on or before March 14 2021 an individual collecting regular UC PEUC PUA EB STC TRA DUA and SEA may collect a 300 FPUC payment per week. Mixed Earners Unemployment Compensation MEUC . The MEUC program provides an additional 100 per week to certain individuals collecting regular UC PEUC EB STC TRA DUA and SEA excluding PUA . Eligible individuals receive MEUC payments concurrently with payments under these programs and in I-4 addition to FPUC. This is an optional program for states to administer. MEUC is payable beginning with weeks of unemployment no earlier than week ending January 2 2021 through the week of unemployment ending on or before March 14 2021. Trade Readjustment Allowances TRA . As stated in Question 7 of Attachment I to UIPL No. 14-20 Change 1 if the individual exhausts regular UC PEUC and EB and meets the eligibility criteria the individual may collect TRA before continuing on to PUA. Relationship between PUA and Disaster Unemployment Assistance DUA . As stated in Question 16 of UIPL No. 14-20 Change 1 eligibility for both PUA and DUA are based on the reason for an individual s unemployment. If an individual s unemployment is directly caused by a major disaster then the individual s unemployment is not due to a COVID-19 reason and the individual would not qualify for PUA. Conversely if the reason for the individual s unemployment is because of a listed COVID-19 reason in Section 2102 a 3 A ii I aa through kk of the CARES Act the individual may qualify for PUA but would not qualify for DUA. State Additional Benefits AB . A number of states also have provisions in state law for extending the potential duration of benefits during periods of high unemployment for individuals in approved training who exhaust benefits or for a variety of other reasons. Although some state laws call these programs extended benefits the Department uses the term additional benefits AB to avoid confusion with the federal-state EB program. FPUC and MEUC are not payable to individuals receiving AB payments. The order of payment for AB within the context of the multiple programs described above is dependent on state law. I-5 Program Progression Chart II-1 Attachment II of UIPL No. 9-21 Important Dates for the Continued Assistance for Unemployed Workers Act of 2020 Benefit Programs Start Date End Date Phaseout Period Program Start Date Actual Week Ending Date Statutory End Date Actual Week Ending Date Statutory End Date Actual Week Ending Date PUA Claims filed on or before December 27 2020 If agreement in place January 27 20201 February 8 2020 claim effective February 2 2020 March 14 20212 March 13 2021 April 5 20213 April 10 2021 PUA Claims filed after December 27 2020 If agreement in place December 1 20204 December 12 2020 claim effective December 6 2020 March 14 20212 March 13 2021 April 5 20213 April 10 2021 PEUC Date of agreement generally March 28 2020 5 April 4 2020 claim effective March 29 2020 March 14 20212 March 13 2021 April 5 20213 April 10 2021 FPUC 600 amount Date of agreement generally March 28 2020 5 April 4 2020 July 31 20202 July 25 2020 N A N A FPUC 300 amount If agreement in place December 26 20205 January 2 2021 March 14 20212 March 13 2021 N A N A MEUC6 December 27 2020 January 2 2021 March 14 20212 March 13 2021 N A N A Note Actual week ending date information is for states whose weeks end on a Saturday Note Individuals must meet certain program requirements to be eligible for payments during phaseout period 1 Weeks of unemployment beginning on or after this date 2 Weeks of unemployment ending on or before this date 3 No compensation is payable for weeks of unemployment beginning after this date 4 Claims filed after this date 5 Weeks of unemployment beginning after this date 6 This is an optional program for states to administer. PUA Pandemic Unemployment Assistance PEUC Pandemic Emergency Unemployment Compensation FPUC Federal Pandemic Unemployment Compensation MEUC Mixed Earners Unemployment Compensation II-2 PUA Special Conditions Special Condition Start Date Actual Week Ending Date Individuals with an existing PUA claim who receive a payment of PUA on or after this date regardless of which week ending date is being paid must provide documentation substantiating employment or self-employment within 90 days of application or when instructed by the state whichever is later or show good cause to have such deadline extended December 27 20211 N A Individuals may begin collecting the additional 11 weeks of PUA December 27 20202 January 2 2021 Hold Harmless provision States must cease payment as of this date on PUA claims for individuals who have on December 27 2020 both an eligible PUA claim and a previously exhausted PEUC claim with additional benefit amounts added. January 23 2021 January 23 2021 States must implement procedures for identity verification on new PUA claims January 26 20213 N A States must implement a self-certification process for each week of unemployment beginning on or after this date that PUA is claimed January 26 20214 February 6 2021 Individuals filing a new PUA claim on or after this date regardless of whether claim is backdated must provide documentation substantiating employment or self-employment within 21 days of application or when instructed by the state whichever is later or show good cause to have such deadline extended January 31 20213 N A Note Actual week ending date information is for states whose weeks end on a Saturday 1 Claims paid on or after this date 2 No compensation is payable for weeks of unemployment commencing before this date 3 Claims filed on or after this date 4 Weeks of unemployment beginning on or after this date PEUC Special Conditions Special Condition Start Date Actual Week Ending Date Individuals collecting PEUC whose previous regular UC benefit year expires after this date may at the option of the state continue receiving PEUC instead of filing a new regular UC claim December 27 20201 January 2 2021 Individuals may begin collecting the additional benefit amount of PEUC equal to 11 times the individual s average weekly benefit amount December 27 20202 January 2 2021 Note Actual week ending date information is for states whose weeks end on a Saturday 1 Benefit year expires after this date 2 No compensation is payable for weeks of unemployment commencing before this date II-3 Other Provisions Start Date End Date Statutory Start Date Actual Week Ending Date Statutory End Date Actual Week Ending Date Emergency unemployment relief for reimbursing employers March 13 20201 March 21 2020 March 14 20212 March 13 2021 Full federal funding of sharable EB costs March 18 20203 March 28 2020 March 14 20214 March 13 2021 Temporary matching for first week of EB March 18 20203 March 28 2020 March 14 20214 March 13 2021 Temporary assistance for states with advances March 18 2020 N A March 14 2021 N A Emergency state staffing flexibilities March 27 2020 N A March 14 2021 N A Full federal funding for first compensable week of regular UC 100 Date of agreement generally March 28 2020 3 April 4 2020 December 31 20202 December 26 2020 Full federal funding for first compensable week of regular UC 50 If agreement in place December 31 20205 January 2 2021 March 14 20212 March 13 2021 Temporary financing of STC payments in states with programs in law March 27 20201 April 4 2020 March 14 20212 March 13 2021 Temporary financing of STC agreements Date of agreement1 State-specific date March 14 20212 March 13 2021 States may waive the 13-week EB off period if provided under state law November 1 2020 N A December 31 2021 N A Return to Work Reporting Requirement January 26 2021 N A While agreements for CARES Act programs are in place N A Note Actual week ending date information is for states whose weeks end on a Saturday 1 Weeks of unemployment beginning on or after this date 2 Weeks of unemployment ending on or before this date 3 Weeks of unemployment beginning after this date 4 Weeks of unemployment beginning before this date 5 Weeks of unemployment ending after this date EB Extended Benefits UC Unemployment Compensation STC Short-Time Compensation III -1 Attachment I II to UIPL No. 9-21 Sample Notification Language for Claimants States must provide individual notification to claimants about provisions of the Continued Assistance for Unemployed Workers Act of 2020 Continued Assistance Act . This includes changes to program dates and benefit levels for the Pandemic Emergency Unemployment Compensation PEUC Pandemic Unemployment Assistance PUA and Federal Pandemic Unemployment Compensation FPUC pr ograms as well as the creation of the Mixed Earners Unemployment Compensation MEUC program. In this attachment we provide sample notification language that states may use. States are not required to use this exact language. We encourage states to also include a message about the importance of integrity and resources for reemployment on the notification . Dates are included as if the state s week of unemployment ends on a Saturday. Note that other provisions of the Continued Assistance Act may requ ire other notifications beyond this e.g. PUA requirement to submit documentation substantiating employment or self - employment the option to waive certain PUA overpayments the availability of EB if the state chooses to waive the 13 -week off period and resumes an EB period . States should refer to the Continued Assistance Act and subsequent guidance for the full extent of notifications that may be required. The following table displays modular notifications for an individual who is actively collecti ng unemployment benefits. For example an individual filing a claim under the PEUC program should receive the General Introduction Notice 1 Notice 5 Notice 6 if the state elects to participate in the MEUC program and a PEUC Monetary Redeterminati on Notice. For individuals filing a general claim 1 For individuals filing a PEUC claim For individuals filing an EB claim 2 For individuals filing a PUA claim General Introduction Yes Yes Yes Yes PEUC Provisions - Notice 1 Notice 2 Notice 3 if prev ious PEUC claim PUA Provisions - - - Notice 4 if no previous PEUC claim 1 This column applies to claims for regular unemployment compensation UC Unemployment for Federal Civilian Employees UCFE Unemployment Compensation for Ex -Servicemembers UCX Short -Time Comp ensation STC Trade Readjustment Allowances TRA Disaster Unemployment Assistance DUA and payments under the Self -Employment Assistance SEA program. 2 It is not necessary for a state to send notice to individuals in this scenario instead the stat e may choose to wait until the individual exhausts EB before augmenting the prior PEUC claim. However we realize that some states will be limited by technology constraints and will issue PEUC Monetary Redetermination Notices for all existing PEUC claims at the same time. III -2 FPUC Provisions Notice 5 Notice 5 Notice 5 Notice 5 MEUC Provisions if state elects to participate Notice 6 Notice 6 Notice 6 - Monetary Redetermination Notice - Yes PEUC Yes PEUC Yes PEUC if previous PEUC claim otherwise PUA Notifications for an individual who is no longer filing or who has exhausted his or her unemployment benefits are identified below. Note that the General Introduction section is not necessar y to include with this sample language. If the individual has a PEUC claim regardless of whether he or she also has a PUA claim send Notice 7. If the individual does not have a PEUC claim but does have a PUA claim send Notice 8. Sample Notification Language General Introduction Notice 1 Actively filing for PEUC Notice 2 Actively filing for EB Notice 3 Actively filing for PUA with previous PEUC claim Notice 4 Actively filing for PUA with no previous PEUC claim Notice 5 FPUC Notice 6 MEUC Notification 7 No longer filing previous PEUC claim Notification 8 No longer filing previous PUA claim no previous PEUC claim General Introduction This notice is to inform you of changes to your claim as a result of the passage of the Continued Assistance for Unemployed Workers Act of 2020 Continued Assistance Act as part of the Consolidated Appropriations Act 2021. Notice 1 Actively filing for PEUC 3 No action is needed from the cl aimant. You are currently filing a claim under the Pandemic Emergency Unemployment Compensation PEUC program. The Continued Assistance Act increased the maximum amount of benefits available under the PEUC program from 13 times your average weekly benef it amount to 24 times your average weekly benefit amount . 3 States must also send a PEUC Monetary Redetermination Notice with the additional benefit amount added. States may choose to include this language in the same notice as the Monetary Redetermination Notice. III -3 You do not need to take any action to receive this additional benefit. Continue to file your claim each week for the PEUC program . These additional PEUC benefits may only be collected for weeks ending on or after December 27 2020. The PEUC program expires on March 14 2021. This means that the last payable week for PEUC is week ending March 13 2021. If you receive a PEUC payment for the week ending March 13 2021 and have remaining entitl ement on your claim you may be eligible to participate in a phaseout period and may continue to collect PEUC through week ending April 10 2021. Notice 2 Actively filing for EB 4 No action is needed from the claimant. You previously exhausted your cla im for Pandemic Emergency Unemployment Compensation PEUC and are currently filing a claim under the Extended Benefits EB program. No action is needed from you right now. Please continue to file your claim each week for the EB program. The Continue d Assistance Act increased the maximum amount of benefits available under the PEUC program from 13 times your average weekly benefit amount to 24 times your average weekly benefit amount. If you later exhaust EB and continue to be unemployed or partially unemployed you may be eligible to reopen your PEUC claim and collect these additional benefits. The PEUC program expires on March 14 2021. This means that the last payable week for PEUC is week ending March 13 2021. If you are eligible to resume fi ling your claim for PEUC receive a PEUC payment for week ending March 13 2021 and have remaining entitlement on your claim you may be eligible to participate in a phaseout period and you may continue to collect PEUC through week ending April 10 2021. Notice 3 Actively filing for PUA with previous PEUC claim 5 Action is needed from the claimant. You previously exhausted your claim for Pandemic Emergency Unemployment Compensation PEUC and are currently filing a claim under the Pandemic Unemployment Assistance PUA program. The Continued Assistance Act increased the maximum amount of benefits available under the PEUC program from 13 times your average weekly benefit amount to 24 times your average weekly benefit amount. You may only collect PUA i f you have exhausted any entitlement to PEUC. Because of the additional PEUC benefits available you are no longer eligible to receive PUA. If you continue to be unemployed or partially unemployed you must reopen your existing PEUC claim. Note that you r PEUC claim may have a different weekly benefit amount because the program uses a 4 States must also send a PEU C Monetary Redetermination Notice with the additional amount added. States may choose to include this language in the same notice as the Monetary Redetermination Notice. As noted above states may choose to wait until the individual exhausts EB before pr oviding this notice. 5 States must also send a PEUC Monetary Redetermination Notice with the additional amount added. III -4 different look -back period for your prior earnings. To reopen your PEUC claim and continue filing for benefits please insert state -specific instructions . The PEUC progr am expires on March 14 2021. This means that the last payable week for PEUC is week ending March 13 2021. If you are eligible to resume filing your claim for PEUC receive a PEUC payment for week ending March 13 2021 and have remaining entitlement on your claim you may be eligible to participate in a phaseout period and may continue to collect PEUC through week ending April 10 2021. If you later exhaust benefits under the PEUC program and continue to be unemployed partially unemployed or unable o r unavailable to work because of COVID -19 you may be eligible to resume collection of PUA benefits if the PUA program is still in effect. Notice 4 Actively filing for PUA with no previous PEUC claim 6 No action is needed from the claimant. You are curr ently filing a claim under the Pandemic Unemployment Assistance PUA program. The Continued Assistance Act increased the maximum amount of benefits available under the PUA program from 39 weeks to 50 weeks. Any weeks in which you received regular unempl oyment compensation UC or Extended Benefits EB since January 27 2020 will be subtracted from this amount. You do not need to take any action to receive this additional benefit. Continue to file your claim each week for the PUA program . These additi onal PUA benefits may only be collected for weeks ending on or after December 27 2020. The PUA program expires on March 14 2021. This means that the last payable week for PUA is week ending March 13 2021. If you receive a PUA payment for week endin g March 13 2021 and have remaining entitlement on your claim you may be eligible to participate in a phaseout period and you may continue to collect PUA through week ending April 10 2021. Notice 5 FPUC No action is needed from the claimant. Starting with week ending January 2 2021 if you are eligible for at least 1 of your underlying unemployment benefit amount for any week of unemployment you will also receive a 300 supplemental payment from the Federal Pandemic Unemployment Compensation FPUC program. You do not need to take any additional action to receive this supplemental payment. Continue to file your claim each week for the unemployment benefit you are currently receiving . The FPUC program expires on March 14 2021. This means that th e last payable week for FPUC is week ending March 13 2021. There is no phaseout period for FPUC. 6 States must also send a PUA Monetary Redetermination Notice with the additional amount added. States may choose to include this langu age in the same notice as the Monetary Redetermination Notice. III -5 Notice 6 MEUC 7 Action is needed from the claimant. If you were previously self -employed starting with week ending insert state -specific date you may be eligible for an additional 100 supplemental payment under the Mixed Earners Unemployment Compensation MEUC program. To qualify you must 1 have earned at least 5 000 in self -employment income in the most recent taxable year prior to your applic ation for regular unemployment compensation UC and 2 submit documentation substantiating your self -employment income. To submit documentation please insert state -specific instructions . If you are eligible for the MEUC program and are paid at least 1 of your underlying unemployment benefit amount for any week of unemployment you will also receive a 100 supplemental MEUC payment. This is provided in addition to FPUC. After you submit documentation and the state confirms your information you do not need to take any additional action to receive this supplemental payment. Continue to file your claim each week for the unemployment benefit you are currently receiving . The MEUC program expires on March 14 2021. This means that the last payable wee k for MEUC is week ending March 13 2021. There is no phaseout period for MEUC. Notification 7 No longer filing previous PEUC claim This notice is to inform you that you may be eligible for additional benefits under the Pandemic Emergency Unemploymen t Compensation PEUC program with the passage of the Continued Assistance for Unemployed Workers Act of 2020 Continued Assistance Act as part of the Consolidated Appropriations Act 2021. If you are unemployed or partially unemployed after December 27 2020 please insert state - specific instructions for reopening PEUC claim . The Continued Assistance Act increased the maximum amount of benefits available under the PEUC program from 13 times your average weekly benefit amount to 24 times your average weekly benefit amount and is available to individuals who have exhausted their entitlement to regular unemployment compensation UC . The PEUC program expires on March 14 2021. This means that the last payable week for PEUC is week ending March 13 2021 . If you are eligible to resume filing your claim for PEUC receive a PEUC payment for week ending March 13 2021 and have remaining entitlement on your claim you may be eligible to participate in a phaseout period and you may continue to collect PEUC t hrough week ending April 10 2021. 7 States need only include this section if they have elected to participate in the MEUC program. III -6 Notification 8 No longer filing previous PUA claim no previous PEUC claim This notice is to inform you that you may be eligible for additional benefits under the Pandemic Unemployment Assistance PUA program wit h the passage of the Continued Assistance for Unemployed Workers Act of 2020 Continued Assistance Act as part of the Consolidated Appropriations Act 2021. If you are unemployed partially unemployed or unable or unavailable to work after December 27 2020 because of COVID -19 please insert state -specific instructions for reopening PUA claim . The Continued Assistance Act increased the maximum amount of benefits available under the PUA program from 39 weeks to 50 weeks and is available to individuals who are affected by COVID -19 and are self -employed or otherwise not eligible for regular unemployment compensation UC . Any weeks in which you received regular UC or Extended Benefits EB since January 27 2020 will be subtracted from this amount. The PUA program expires on March 14 2021. This means that the last payable week for PUA is week ending March 13 2021. If you are eligible to resume filing your claim for PUA receive a PUA payment for week ending March 13 2021 and have remaining entitle ment on your claim you may be eligible to participate in a phaseout period and you may continue to collect PUA through week ending April 10 2021. IV -1 Attachment IV of UIPL No. 9-21 Instructions for Completing the SF -424 Please note that States are requir ed to submit an SF -424 for each funding allotment i.e. SF -424 for the Pandemic Unemployment Assistance funding SF -424 for the Federal Pandemic Unemployment Compensation SF -424 for the Pandemic Emergency Unemployment Compensation funding and a SF -424 f or the Mixed Earner Unemployment Compensation MEUC if the state is participating in the MEUC program . Application for Federal Assistance SF -424 Use the current version of the form for submission. Expired forms will not be accepted. SF -424 Expirat ion Date 12 31 2022 Office of Management and Budget OMB Control No. 4040 -0004 Grants.gov . http www.grants.gov web grants forms sf -424 - family.html Section 8 APPLICANT INF ORMATION Legal Name The legal name must match the name submitted with the System for Award Management SAM . Please refer to instructions at https www.sam.gov SAM . Employer Tax Identification Number EIN TIN Input your correct 9 -digit EIN and ensure that it is recorded within SAM . Organizational DUNS All applicants for Federal grant and funding opportunities are required to have a 9 -digit Data Universal Numbering System D -U-N-S number and must supply their D -U-N-S number on the SF -424. Please ensure that your state is registered with the SAM. Instructions for registering with SAM can be found at https www.sam.gov SAM . Additionally the state must maintain an active SAM registration with current information at all times during which it has an active Federal award or an application under consideration. To remain registered in the SAM da tabase after the initial registration there is a requirement to review and update the registration at least every 12 months from the date of initial registration or subsequently update the information in the SAM database to ensure it is current accurate and complete. Failure to register with SAM and maintain an active account will result in a rejection of your submission. Address Input your complete address including Zipcode 4 Example 20110 -831. For lookup use link at https tools.usps.com go ZipLookupAction input.action . Organizational Unit Input appropriate Department Name and Division Name if applicable . Name and contact information of person to be contacted on matters involving this application Provide complete and accurate contact information including telephone number and email address for the point of contact . Section 9 Type of Applicant 1 Select Applicant Type Input State Government Section 10 Name of the Federal Agency Input Employment and Training Administration Section 11 Catalog of Federal Domestic Assistance Number Input 17.225 CFDA Title Input Unemployment Insurance IV -2 Section 12 Funding Opportunity Number and Title For Pande mic Unemployment Assistance Funding Allotment Input UIPL No. 9-21 Pandemic Unemployment Assistance Extension Implementation Grants For Federal Pandemic Unemployment Compensation Funding Allotment Input UIPL No. 9-21 Federal Pandemic Unemployment Compensation Extension Implementation Grants For Pandemic Emergency Unemployment Compensation Funding Allotment Input UIPL No. 9-21 Pandemic Emergency Unemployment Compensation Extension Implementation Grants For Mixed Earner Unemployment Compens ation Funding Allotment Input UIPL No. 9-21 Mixed Earner Unemployment Compensation Implementation Grants Section 13 Competition Identification Number Leave Blank Section 14 Areas Affected by Project Input the place of performance for the p roject implementation Example NY for New York Section 15 Descriptive Title of Applicant s Project For Pandemic Unemployment Assistance Funding Allotment Input UIPL No. 9-21 Pandemic Unemployment Assistance Extension Implementation Grants For Federal Pandemic Unemployment Compensation Funding Allotment Input UIPL No. 9-21 Federal Pandemic Unemployment Compensation Extension Implementation Grants For Pandemic Emergency Unemployment Compensation Funding Allotment Input UIPL No. 9-21 Pandemic Emergency Unemployment Compensation Extension Implementation Grants For Mixed Earner Unemployment Compensation Funding Allotment Input UIPL No. 9-21 Mixed Earner Unemployment Compensation Implementation Grants Section 16 Congression al Districts of a. Applicant Input the Congressional District of your home office. For lookup use link at www.house.gov with Zipcode 4 b. Program Project Input the Congressional District where the project work is perf ormed. If it s the same place as your home office input the congressional district for your home office. For lookup use link at www.house.gov with Zipcode 4 IV -3 Section 17 Proposed Project a. Start Date Input a vali d start date for the project earliest start date will be January 1 2021 b. End Date Input a valid end date for the project June 30 2022 Section 18 Estimated Funding Each state is allotted funding to cover implementation costs for each p rogram as follows Pandemic Unemployment Assistance program 250 000 Federal Pandemic Unemployment Compensation 100 000 Pandemic Emergency Unemployment Compensation 150 000 and Mixed Earner Unemployment Compensation 150 000. Section s 19 20 Complete as per instructions for Form SF -424 Section 21 Authorized Representative Please select the I AGREE check box and provide complete information for your authorized signatory including contact information such as telephone number and em ail address. If your Authorized Representative has changed from your previous application submission for this program please include a letter from a higher level leadership authorizing the new signatory for the application submission Remember to get the SF -424 signed and dated by the Authorized representative