UIPL_15-20_Change_2_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 DPM DATE June 15 2020 RESCISSIONS None EXPIRATION DATE Continuing ADVISORY UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 15-20 Change 2 TO STATE WORKFORCE AGENCIES FROM JOHN PALLASCH s Assistant Secretary SUBJECT Coronavirus Aid Relief and Economic Security CARES Act of 2020 New Data Collection Instrument and Revised Reporting Instructions for Federal Pandemic Unemployment Compensation FPUCF 1. Purpose. The purpose of this Unemployment Insurance Program Letter UIPL is to provide states with the new ETA 227 Overpayment Detection and Recovery Activities FPUC report referred to as the ETA 227 FPUC report in this UIPL and to provide states with revised reporting instructions for the FPUC program. Section 2104 of the CARES Act Public Law Pub. L. 11S-13S authorizes the FPUC program. 2. Action Requested. The U.S. Department of Labor s DepartmentF Employment and Training Administration ETA requests that State Workforce Administrators provide the information in this UIPL and all attachments to appropriate program and other staff in state workforce systems. In administering FPUC states are required to 1 record and submit FPUC overpayment activities on the new ETA 227 FPUC report attached to this UIPL through the State SUN system and 2 replace the reporting instructions previously provided under UIPL No. 1R-20 Attachment I Section H. 4 with the new ETA 227 FPUC reporting instructions attached to this UIPL. 3. Summary and Background. a. Summary The cPUC program was authorized on March 27 2020 and on April 4 2020 ETA issued UIPL No. 1R-20 to provide FPUC program implementation instructions to states. On May 9 2020 ETA issued Change 1 to UIPL No. 1R-20 to provide states with ongoing technical assistance in the administration of the cPUC program. This Change 2 of UIPi No. 1R-20 provides guidance on implementation of the new quarterly ETA 227 FPUC report and replaces the ETA 227 report and prior instructions in UIPL No. 1R-20 Attachment I Section H.4. concerning FPUC overpayment activities. 2 b. Background On March 27 2020 the President signed into law the Coronavirus Aid Relief and Economic Security CARES Act which includes the Relief for Workers Affected by Coronavirus Act set out in Title II Subtitle A. The CARES Act was designed to mitigate the economic effects of the Coronavirus Disease 2019 COVID-19 pandemic in a variety of ways. UIPL No. 14-20 summarizes the various unemployment insurance related provisions within the CARES Act. Section 2104 of the CARES Act provides for a temporary emergency increase in unemployment compensation benefits referred to as FPUC and includes funding to states for the administration of the program. The FPUC program provisions operate in tandem with the fundamental eligibility requirements of the federal-state UI program which remain in place. States must ensure that individuals only receive benefits in accordance with the statutory provisions and ETA s guidance. Section 2104 f of the CARES Act requires state agencies to recover any FPUC overpayments. Benefit Payment Control BPC units or designated staff in states are responsible for promoting and maintaining the integrity of the UI program through prevention detection investigations establishment and recovery of overpayments as well as preparing overpayment cases for prosecution. Activities regarding these essential BPC functions are reported on the quarterly ETA 227 Overpayment Detection and Recovery Activities report OMB 1205-0187 . States are required to report overpayment activities for the following claim types regular UC Unemployment Compensation for Federal Employees UCFE Unemployment Compensation for Ex-Servicemembers UCX and Extended Benefits EB . UIPL No. 23-20 provides that states must implement similar BPC functions for the CARES Act programs including FPUC. This guidance provides updated reporting instructions for FPUC overpayments and recoveries. 4. FPUC Overpayment Reporting. a. New ETA 227 FPUC Report and Revised Reporting Instructions. The FPUC program provides a temporary emergency increase in unemployment compensation by providing an additional 600 per week to eligible individuals benefit payments made under designated UI programs such as regular UC UCFE UCX etc. If the individual is eligible to receive at least one dollar 1 of underlying benefits for the claimed week the claimant will receive the full 600 FPUC amount. If the state creates an overpayment on the entire amount of underlying benefits the full amount of FPUC will also be considered overpaid. The state is instructed to pay the FPUC amount both at the same time and in the same manner as any regular UC otherwise payable for the week involved or at the option of the state by payments which are made separately from but on the same weekly biweekly basis as any regular UC otherwise payable. See UIPL No. 15-20 for additional FPUC program specifications. Regardless of the state s election on method of payment the FPUC amount is considered a separate and distinct payment from the underlying benefit. The existing 3 ETA 227 report does not provide for states to report on overpayment activities specific to FPUC. To address this the Department has developed a new data collection instrument the ETA 227 FPUC report which the Department is transmitting to states via this UIPL. The ETA 227 FPUC report allows states to report all FPUC overpayments regardless of the underlying benefit program that qualifies the individual to receive FPUC in one place. The new ETA 227 FPUC report and reporting instructions are contained in Attachment I of this UIPL. In implementing reporting on the ETA 227 FPUC states must Report FPUC overpayment information only on the ETA 227 FPUC report Follow the ETA 227 FPUC reporting instructions attached to this UIPL Begin submission of ETA 227 FPUC reports for the quarter ending June 30 2020 which are due by August 1 2020 and Continue to report overpayment information on the ETA 227 FPUC report until there is no longer any FPUC-related overpayment activity. Information on overpayments for the underlying benefit program must be provided on a separate report e.g. regular UC UCFE UCX and EB on the regular ETA 227 report PEUC on the new PEUC ETA 227 report and PUA on the ETA 902p report . The new ETA 227 FPUC report will be available on the State SUN system late June 2020 for quarterly submission of this report to ETA. b. Office of Management and Budget OMB Approval. Division A Title II Section 2116 a of the CARES Act states that Chapter 35 of Title 44 United States Code commonly referred to as the Paperwork Reduction Act of 1995 shall not apply to the provisions of and the amendments made by this subtitle. As the OMB approval process is waived for these reporting instructions these instructions are considered final and states are required to provide the information requested in this form. 5. Inquiries. States should direct inquiries to the email account covid-19 dol.gov and copy the appropriate ETA Regional Office. 6. References. Sections 2104 and 2116 of the Coronavirus Aid Relief and Economic Security CARES Act 2020 Pub. L. 116-136 including Title II Subtitle A Relief for Workers Affected by Coronavirus Act 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 4 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 9297 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 4 UIPL No. 14-20 Coronavirus Aid Relief and Economic Security CARES Act of 2020 Summary of Key Unemployment Insurance UI Provisions and Guidance Regarding Temporary Emergency State Staffing Flexibility issued April 2 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 3390 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 and UIPL No. 10-20 Unemployment Compensation UC for Individuals Affected by the Coronavirus Disease 2019 COVID-19 issued March 12 2020 https wdr.doleta.gov directives corr doc.cfm DOCN 8893. 7. Attachment s . Attachment I - ETA 227 Overpayment Detection and Recovery Activities FPUC Facsimile of Form and General Reporting Instructions