UIPL_14-16_Change2_Acc.pdf

ETA Advisory File Text

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM U.S. DEPARTMENT OF LABOR Washington D.C. 20210 CLASSIFICATION UI CORRESPONDENCE SYMBOL OUI DUIO DATE RESCISSIONS None EXPIRATION DATE Continuing ADVISORY UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 14-16 Change 2 TO STATE WORKFORCE AGENCIES FROM MOLLY E. CONWAY Acting Assistant Secretary SUBJECT Unemployment Compensation for Ex-Servicemembers UCX Continuous Active Duty Service for Reservists 1.Purpose. To provide guidance to state workforce agencies related to administration of the UCX program regarding continuous active duty in a reserve status when military reservists have consecutive deployments. 2.References. Section 8521 a 1 of Title 5 United States Code Section 513 a of the National Defense Authorization Act Pub. L. 114-92 Unemployment Insurance Program Letter UIPL No. 14-16 The National Defense Authorization Act for Fiscal Year 2016 Pub. L. 114-92 - Provisions that Affect the Unemployment Compensation for Ex-servicemembers Programs and Change 1 UIPL No. 27-06 Unemployment Compensation for Ex-servicemembers UCX Program Questions and Answers and ET Handbook No. 384 Unemployment Compensation for Ex-Servicemembers. 3.Background. State workforce agencies that administer the regular unemployment insurance UI program act as agents of the Federal Government in administering the UCX program. The administration of the UCX program relies on information provided by the branches of the military to allow states to make determinations of UCX eligibility. When a UCX claim is filed in a state the Federal Claims Control Center upon request by the state will provide all copies of the individual s DD214 s that are on record. Based on information provided on the DD214 s a state must determine if the individual has Federal military service for UCX purposes. The current definition of Federal service in 5 U.S.C. 8521 a 1 for active duty in a reserve status is a continuous period of 180 days or more. This is referred to in this guidance as continuous active duty in a reserve status. The National Defense Authorization Act for Fiscal Year 2016 increased the number of days of continuous active duty in a reserve status 2 required for the military service to be considered Federal service from 90 days to 180 days. UIPL No. 14-16 outlined the new provisions. States have questioned the applicability of continuous active duty in a reserve status when a servicemember has multiple DD214s showing various periods of consecutive service. This UIPL responds to those questions. 4. Guidance. Individuals who are members of a reserve component of the Armed Forces must have continuous active duty in a reserve status of at least 180 calendar days for the service to qualify as Federal military service for UCX purposes. To meet the requirements of 5 U.S.C. 8521 a 1 states can combine two or more DD214s. Two or more consecutive periods of service shall be considered continuous active duty in a reserve status provided that the Separation Date this Period listed on Block 12b on the DD214 is no more than one 1 calendar day from the Date Entered AD this Period listed in Block 12a on a subsequent DD214. For more information please see examples of consecutive service and continuous active duty service for UCX purposes in the attachment to this UIPL. 5. Action Requested. State Administrators are requested to provide the above information to appropriate staff. 6. Inquiries. Please direct all inquiries to the appropriate ETA Regional Office. 7. Attachment. Examples for Determining Continuous Active Duty Service for Reservists.