UIPL_14-21_Attachment_1_acc.pdf

ETA Advisory File Text

I-1 Attachment I to UIPL No. 14-21 Coordination of Programs Over time 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 . These programs were further extended and modified by the American Rescue Plan Act of 2021 ARPA . With the exception of Federal Pandemic Unemployment Compensation FPUC and Mixed Earners Unemployment Compensation MEUC as discussed further in UIPL No. 15-20 and its Changes individuals may only receive benefits under one program for any given week. 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 Secretary 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. o 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 average WBA. o For weeks of unemployment ending after March 14 2021 the individual may receive an additional amount of PEUC equal to 29 times the individual s average WBA for an overall total equal to 53 times the individual s average WBA. I-2 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. See Section 4.e. of UIPL No. 17-20 Change 2. 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 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 depending on the state s unemployment rate and whether the state UC law provides for the optional total unemployment rate TUR trigger 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 under the CARES Act 13 times the individual s average WBA and was eligible to receive EB for the week ending December 26 2020 the individual must have exhausted their existing EB entitlement before reverting back to collect the additional amount of PEUC made available under the Continued Assistance Act. If an individual previously exhausted entitlement to PEUC under the Continued Assistance Act for a total of 24 times the individual s average WBA and received EB for the week ending March 13 2021 the individual must exhaust their existing EB entitlement before reverting back to collect the additional amount of PEUC made available under ARPA. D. Pandemic Unemployment Assistance PUA . If the state is not triggered on to EB or the individual exhausts EB after exhausting regular UC and PEUC the individual may then be eligible to receive PUA under Section 2102 of the CARES Act. Note that the individual must be otherwise able to work and available for work within the meaning of applicable state law except that the individual is unemployed partially unemployed or unable or unavailable to work because of at least one of the identified COVID-19 related reasons specified in UIPL No. 16-20 Change 5 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 and Attachment II to UIPL No. 16-20 Change 1. For individuals who do not qualify for a higher WBA the I-3 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 Under the CARES Act initially limited to 39 weeks minus any weeks of benefits that the individual received during the Pandemic Assistance Period from regular UC and EB. o For weeks of unemployment beginning on or after December 27 2020 under the Continued Assistance Act 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 Pandemic Assistance Period. o For weeks of unemployment ending after March 14 2021 under ARPA the individual may receive an additional 29 weeks of PUA for an overall total equal to 79 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 their entitlement to PEUC 24 times the individual s average WBA and is currently collecting PUA at the time the additional PEUC amount under Section 9016 ARPA 29 weeks times the individual s average WBA becomes available the state must stop the PUA claim and have the individual revert to collecting the additional amounts of PEUC. The Secretary will determine the appropriate period of time for a state to take such actions during which time the individual s continued receipt of PUA will not be considered improper. 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 is otherwise able to work and available for work within the meaning of applicable state law except that the individual is unemployed partially unemployed or unable or unavailable to work because of COVID-19 related reason s identified in UIPL No. 16-20 Change 5 the individual may collect PUA under section 2102 of the CARES Act. I-4 WBA Calculated per the DUA regulations which are applicable to PUA. Duration of benefits Under the CARES Act initially limited to 39 weeks minus any weeks that the individual received during the Pandemic Assistance Period from regular UC and EB. o For weeks of unemployment beginning on or after December 27 2020 under the Continued Assistance Act 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 Pandemic Assistance Period. o For weeks of unemployment ending after March 14 2021 under ARPA the individual may receive an additional 29 weeks of PUA for an overall total equal to 79 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. 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. Under ARPA this program is extended at the 300 per week amount for weeks of unemployment ending on or before September 6 2021. 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 addition to FPUC. This is an optional program for states to administer. Under the Continued Assistance Act MEUC was payable beginning with weeks of unemployment no earlier than the week ending January 2 2021 through the week of I-5 unemployment ending on or before March 14 2021. Under ARPA this program is extended to weeks of unemployment ending on or before September 6 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 must collect TRA before continuing on to PUA. Relationship between PUA and Disaster Unemployment Assistance DUA . As stated in Question 16 of Attachment I to 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 partial unemployment or inability or unavailability to work is because of COVID-19 related reason s identified in UIPL No. 16-20 Change 5 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-6 Program Progression Chart