20 C.F.R. Subpart B—Trade Readjustment Allowances (TRA)
Title 20 - Employees' Benefits
(a) Before and after certification. An individual covered under a certification or a petition for certification may apply to a State agency for TRA. A determination shall be made at any time to the extent necessary to establish or protect an individual's entitlement to TRA or other TAA, but no payment of TRA or other TAA may be made by a State agency until a certification is made and the State agency determines that the individual is covered thereunder. (b) Timing of applications. An initial application for TRA, and applications for TRA for weeks of unemployment beginning before the initial application for TRA is filed, may be filed within a reasonable period of time after publication of the determination certifying the appropriate group of workers under section 223 of the Act. However, an application for TRA for a week of unemployment beginning after the initial application is filed shall be filed within the time limit applicable to claims for regular compensation under the applicable State law. For purposes of this paragraph (b), a reasonable period of time means such period of time as the individual had good cause for not filing earlier, which shall include, but not be limited to, the individual's lack of knowledge of the certification or misinformation supplied the individual by the State agency. (c) Applicable procedures. Applications shall be filed in accordance with this subpart B and on forms which shall be furnished to individuals by the State agency. The procedures for reporting and filing applications for TRA shall be consistent with this part 617 and the Secretary's “Standard for Claim Filing, Claimant Reporting, Job Finding and Employment Services”, Employment Security Manual, part V, sections 5000 et seq. (Appendix A of this part). (d) Advising workers to apply for training. State agencies shall advise each worker of the qualifying requirements for entitlement to TRA and other TAA benefits at the time the worker files an initial claim for State UI, and shall advise each adversely affected worker to apply for training under subpart C of this part before, or at the same time, the worker applies for TRA, as required by §617.4(e)(1) and (3). [51 FR 45848, Dec. 22, 1986, as amended at 59 FR 928, 943, Jan. 6, 1994 (a) Basic qualifying requirements for entitlement—(1) [Reserved] (2) To qualify for TRA for any week of unemployment an individual must meet each of the following requirements of paragraphs (a)(2) (i) through (vii) of this section: (i) Certification. The individual must be an adversely affected worker covered under a certification. (ii) Separation. The individual's first qualifying separation (as defined in paragraph (t)(3)(i) of §617.3) before application for TRA must occur: (A) On or after the impact date of such certification; and (B) Before the expiration of the two-year period beginning on the date of such certification, or, if earlier, before the termination date, if any, of such certification. (iii) Wages and employment. (A) In the 52-week period (i.e., 52 consecutive calendar weeks) ending with the week of the individual's first qualifying separation, or any subsequent total qualifying separation under the same certification, the individual must have had at least 26 weeks of employment at wages of $30 or more a week in adversely affected employment with a single firm or subdivision of a firm. Evidence that an individual meets this requirement shall be obtained as provided in §617.12. Employment and wages covered under more than one certification may not be combined to qualify for TRA. (B)(1) For the purposes of paragraph (a)(2)(iii) of this section, any week in which such individual— (i) Is on employer-authorized leave from such adversely affected employment for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training, or (ii) Does not work in such adversely affected employment because of a disability compensable under a workers' compensation law or plan of a State or the United States, or (iii) Had adversely affected employment interrupted to serve as a full-time representative of a labor organization in such firm or subdivision, or (iv) Is on call-up for the purpose of active duty in a reserve status in the Armed Forces of the United States (if such week began after August 1, 1990), provided such active duty is “Federal service” as defined in part 614 of this chapter, shall be treated as a week of employment at wages of $30 or more; (2) Provided, that— (i) Not more than 7 weeks in the case of weeks described in paragraph (a)(2)(iii)(B)(1) (i) or (iii) of this section, or both, and (ii) Not more than 26 weeks described in paragraph (a)(2)(iii)(B)(1) (ii) or (iv) of this section, may be treated as weeks of employment for purposes of paragraph (a)(2)(iii) of this section. (C) Wages and employment creditable under paragraph (a)(2)(iii) of this section shall not include employment or wages earned or paid for employment which is contrary to or prohibited by any Federal law. (iv) Entitlement to UI. The individual must have been entitled to (or would have been entitled to if the individual had applied therefor) UI for a week within the benefit period— (A) in which the individual's first qualifying separation occurred, or (B) which began (or would have begun) by reason of the filing of a claim for UI by the individual after such first qualifying separation. (v) Exhaustion of UI. The individual must: (A) Have exhausted all rights to any UI to which the individual was entitled (or would have been entitled if the individual had applied therefor); and (B) Not have an unexpired waiting period applicable to the individual for any such UI. (vi) Extended Benefit work test. (A) The individual must— (1) Accept any offer of suitable work, as defined in §617.3(kk), and actually apply for any suitable work the individual is referred to by the State agency, and (2) Actively engage in seeking work and furnish the State agency tangible evidence of such efforts each week, and (3) Register for work and be referred by the State agency to suitable work, in accordance with those provisions of the applicable State law which apply to claimants for Extended Benefits and which are consistent with part 615 of this chapter. (B) The Extended Benefit work test shall not apply to an individual with respect to claims for TRA for weeks of unemployment beginning prior to the filing of an initial claim for TRA, nor for any week which begins before the individual is notified that the individual is covered by a certification issued under the Act and is fully informed of the Extended Benefit work test requirements of paragraph (a)(2)(vi) of this section and §617.17. Prior to such notification and advice, the individual shall not be subject to the Extended Benefit work test requirements, nor to any State timely filing requirement, but shall be required to be unemployed and able to work and available for work with respect to any such week except as provided in §617.17(b)(2) for workers enrolled in, or participating in, a training program approved under §617.22(a). (vii) Participation in training. (A) The individual must— (1) Be enrolled in or participating in a training program approved pursuant to §617.22(a), or (2) Have completed a training program approved under §617.22(a), after a total or partial separation from adversely affected employment within the certification period of a certification issued under the Act, or (3) Have received from the State agency a written statement under §617.19 waiving the participation in training requirement for the individual. (B) The participation in training requirement of paragraph (a)(2)(vii) of this section shall not apply to an individual with respect to claims for TRA for weeks of unemployment beginning prior to the filing of an initial claim for TRA, nor for any week which begins before the individual is notified that the individual is covered by a certification issued under the Act and is fully informed of the participation in training requirement of paragraph (a)(2)(vii) of this section and §617.19. (C) The participation in training requirement of paragraph (a)(2)(vii) of this section shall apply, as a qualifying requirement for TRA, to an individual with respect to claims for TRA for weeks of unemployment commencing on or after November 21, 1988, and beginning with the first week following the week in which a certification covering the individual is issued under the Act, unless the State agency has issued a written statement to the individual under §617.19 waiving the participation in training requirement for the individual. (D) For purposes of paragraph (a)(2)(vii) of this section, the following definitions shall apply: (1) Enrolled in Training. A worker shall be considered to be enrolled in training when the worker's application for training is approved by the State agency and the training institution has furnished written notice to the State agency that the worker has been accepted in the approved training program which is to begin within 30 calendar days of the date of such approval. (A waiver under §617.19 shall not be required for an individual who is enrolled in training as defined herein.) (2) Completed Training. A worker shall be considered to have completed a training program if the training program was approved, or was approvable and is approved, pursuant to §617.22, and the training was completed subsequent to the individual's total or partial separation from adversely affected employment within the certification period of a certification issued under the Act, and the training provider has certified that all the conditions for completion of the training program have been satisfied. (3)–(4) [Reserved] (b) First week of entitlement. The first week any individual may be entitled to a payment of basic TRA shall be the later of: (1) The first week beginning more than 60 days after the date of the filing of the petition which resulted in the certification under which the individual is covered; or (2) The first week beginning after the individual's exhaustion of all rights to UI including waiting period credit, as determined under §617.11(a)(2). [59 FR 928, Jan. 6, 1994, as amended at 71 FR 35515, June 21, 2006] (a) State agency action. When an individual applies for TRA, the State agency having jurisdiction under §617.50(a) shall obtain information necessary to establish: (1) Whether the individual meets the qualifying requirements in §617.11; (2) The individual's average weekly wage; and (3) For an individual claiming to be partially separated, the average weekly hours and average weekly wage in adversely affected employment. (b) Insufficient data. If information specified in paragraph (a) of this section is not available from State agency records or from any employer, the State agency shall require the individual to submit a signed statement setting forth such information as may be required for the State agency to make the determinations required by paragraph (a) of this section. (c) Verification. A statement made under paragraph (b) of this section shall be certified by the individual to be true to the best of the individual's knowledge and belief and shall be supported by evidence such as Forms W–2, paycheck stubs, union records, income tax returns, or statements of fellow workers, and shall be verified by the employer. (d) Determinations. The State agency shall make the necessary determinations on the basis of information obtained pursuant to this section, except that if, after reviewing information obtained under paragraph (b) of this section against other available data, including agency records, it concludes that such information is not reasonably accurate, it shall make appropriate adjustments and shall make the determination on the basis of the adjusted data. (a) Regular allowance. The amount of TRA payable for a week of total unemployment (including a week of training approved under subpart C of this part 617 or under the provisions of the applicabIe State law) shall be an amount equal to the most recent weekly benefit amount of UI (including dependents' allowances) payable to the individual for a week of total unemployment preceding the individual's first exhaustion of UI following the individual's first qualifying separation: Provided, that in a State in which weeks of UI are paid in varying amounts related to wages with separate employers, the weekly amount of TRA shall be calculated as it would be to pay extended compensation: Provided, further, that where a State calculates a base amount of UI and calculates dependents' allowances on a weekly supplemental basis. TRA weekly benefit amounts shall be calculated in the same manner and under the same terms and conditions as apply to claimants for UI, except that the base amount shall not change. (b) Increased allowance. An individual in training approved under subpart C of this part 617 who is thereby entitled for any week to TRA and a training allowance under any other Federal law for the training of workers shall be paid in the amount computed under paragraph (a) of this section or, if greater, the amount to which the individual would be entitled under such other Federal law if the individual applied for such allowance, as provided in section 232(b) of the Act. A payment under this paragraph (b) shall be in lieu of any training allowance to which the individual is entitled under such other Federal law. (c) Reduction of amount. An amount of TRA payabIe under paragraph (a) or (b) of this section for any week shall be reduced (but not below zero) by: (1) Income that is deductible from UI under the disqualifying income provisions of the applicable State law or Federal unemployment compensation law; (2) The amount of a training allowance (other than a training allowance referred to in paragraph (b) of this section) under any Federal law that the individual receives for such week, as provided in section 232(c) of the Act. This paragraph (c) shall apply to Veterans Educational Assistance, Pell Grants, Supplemental Educational Opportunity Grants, and other training allowances under any Federal law other than for the training of workers; and (3) Any amount that would be deductible from UI for days of absence from training under the provisions of the applicable State law which apply to individuals in approved training. [51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32349, Aug. 24, 1988] (a) General rule. Except as provided under paragraph (b) of this section, the maximum amount of TRA payable to an individual under a certification shall be the amount determined by: (1) Multiplying by 52 the weekly amount of TRA payable to such individual for a week of total unemployment, as determined under §617.13(a); and (2) Subtracting from the product derived under paragraph (a)(1) of this section, the total sum of UI to which the individual was entitled (or would have been entitled if the individual had applied therefor) in the individual's first benefit period described in §617.11(a)(1)(iv) or, as appropriate, §617.11(a)(2)(iv). The individual's full entitlement shall be subtracted under this paragraph, without regard to the amount, if any, that was actually paid to the individual with respect to such benefit period. (b) Exceptions. The maximum amount of TRA determined under paragraph (a) of this section will not include: (1) The amount of dependents' allowances paid as a supplement to the base weekly amount determined under §617.13(a); (2) The amount of the difference between the individual's weekly increased allowances determined under §617.13(b) and the individual's weekly amount determined under §617.13(a); and (3) The amounts paid for additional weeks determined under §617.15(b); but nothing in this paragraph (b) shall affect an individual's eligibility for such supplemental, increased or additional allowances. (c) Reduction for Federal training allowance. (1) If a training allowance referred to in §617.13(c)(2) is paid to an individual for any week of unemployment with respect to which the individual would be entitled (determined without regard to any disqualification under §617.18(b)(2)) to TRA, if the individual applied for TRA for such week, each week shall be deducted from the total number of weeks of TRA otherwise payable to the individual. (2) If the training allowance referred to in paragraph (c)(1) of this section is less than the amount of TRA otherwise payable to the individual for such week, the individual shall, when the individual applies for TRA for such week, be paid TRA in an amount not to exceed the amount equal to the difference between the individual's regular weekly TRA amount, as determined under §617.13(a), and the amount of the training allowance paid to the individual for such week, as provided in section 232(c) of the Act. [51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32349, Aug. 24, 1988; 54 FR 22277, May 23, 1989; 59 FR 931, Jan. 6, 1994] (a) Basic weeks. An individual shall not be paid basic TRA for any week beginning after the close of the 104-week eligibility period (as defined in §617.3(m)(1)), which is applicable to the individual as determined under §§617.3 (m)(1), 617.3(t), and 617.67(e). (b) Additional weeks. (1) To assist an individual to complete training approved under subpart C of this part, payments may be made as TRA for up to 26 additional weeks in the 26-week eligibility period (as defined in §617.3(m)(2)) which is applicable to the individual as determined under §§617.3(m)(2) and 617.67(f). (2) To be eligible for TRA for additional weeks, an individual must make a bona fide application for such training— (i) within 210 days after the date of the first certification under which the individual is covered, or (ii) if later, within 210 days after the date of the individual's most recent partial or total separation (as defined in §§617.3(cc) and 617.3(ll)) under such certification. (3) Except as provided in paragraph (d) of this section, payments of TRA for additional weeks may be made only for those weeks in the 26-week eligibility period during which the individual is actually participating fully in training approved under §617.22(a). (c) Limit. The maximum TRA payable to any individual on the basis of a single certification is limited to the maximum amount of basic TRA as determined under §617.14 plus additional TRA for up to 26 weeks as provided in paragraph (b) of this section. (d) Scheduled breaks in training. (1) An individual who is otherwise eligible will continue to be eligible for basic and additional weeks of TRA during scheduled breaks in training, but only if a scheduled break is not longer than 14 days, and the following additional conditions are met: (i) The individual was participating in the training approved under §617.22(a) immediately before the beginning of the break; and (ii) The break is provided for in the published schedule or the previously established schedule of training issued by the training provider or is indicated in the training program approved for the worker; and, further (iii) The individual resumes participation in the training immediately after the break ends. (2) A scheduled break in training shall include all periods within or between courses, terms, quarters, semesters and academic years of the approved training program. (3) No basic or additional TRA will be paid to an individual for any week which begins and ends within a scheduled break that is 15 days or more. (4) The days within a break in a training program that shall be counted in determining the number of days of the break for the purposes of paragraph (d) of this section shall include all calendar days beginning with the first day of the break and ending with the last day of the break, as provided for in the schedule of the training provider, except that any Saturday, Sunday, or official State or National holiday occurring during the scheduled break in training, on which training would not normally be scheduled in the training program if there were no break in training, shall not be counted in determining the number of days of the break for the purposes of paragraph (d) of this section. (5) When the worker is drawing basic TRA, the maximum amount of TRA payable is not affected by the weeks the worker does not receive TRA while in a break period, but the weeks will count against the 104-week eligibility period. (6) When the worker is drawing additional weeks of TRA to complete training, any weeks for which TRA is not paid will count against the continuous 26-week eligibility period and the number of weeks payable. [59 FR 931, Jan. 6, 1994] (a) What law governs. The applicable State law for any individual, for all of the purposes of this part 617, is the State law of the State— (1) In which the individual is entitled to UI (whether or not the individual has filed a claim therefor) immediately following the individual's first separation (as defined in paragraph (t)(1) of §617.3), or (2) If the individual is not so entitled to UI under the State law of any State immediately following such first separation, or is entitled to UI under the Railroad Unemployment Insurance Act (RRUI), the State law of the State in which such first separation occurred. (b) Change of law. The State law determined under paragraph (a) of this section to be the applicable State law for an individual shall remain the applicable State law for the individual until the individual becomes entitled to UI under the State law of another State (whether or not the individual files a claim therefor). (c) UI entitlement. (1) An individual shall be deemed to be entitled to UI under a State law if the individual satisfies the base period employment and wage qualifying requirements of such State law. (2) In the case of a combined-wage claim (Part 616 of this chapter), UI entitlement shall be determined under the law of the paying State. (3) In case of a Federal UI claim, or a joint State and Federal UI claim (Parts 609 and 614 of this Chapter), UI entitlement shall be determined under the law of the State which is the applicable State for such claims. (d) RRUI claimants. If an individual is entitled to UI under the Railroad Unemployment Insurance Act, the applicable State law for purposes of paragraphs (a) and (b) of this section is the law of the State in which the individual's first qualifying separation occurs. (e) Liable State. The State whose State law is determined under this section to be the applicable State law for any individual shall be the liable State for the individual for all purposes of this part 617. Any State other than the liable State shall be an agent State. [59 FR 932, Jan. 6, 1994] (a) Extended Benefit work test applicable. Except as provided in paragraph (b) of this section, an individual shall, as a basic condition of entitlement to basic TRA for a week of unemployment— (1) be unemployed, as defined in the applicable State law for UI claimants, and (2) be able to work and available for work, as defined in the applicable State law for UI claimants, and (3) satisfy the Extended Benefit work test in each week for which TRA is claimed, as set forth in §§617.11(a)(1) (vi) and 617.11(a)(2)(vi). (b) Exceptions—(1) Prior to November 21, 1988. The conditions stated in paragraphs (a) and (b) of this section shall not be applicable to an individual actually participating in training approved under the applicable State law or under §617.22(a), or during a scheduled break in the training program if (as determined for the purposes of §617.15 (d)) the individual participated in the training immediately before the beginning of the break and resumes participation in the training immediately after the break ends, unless the individual is ineligible or subject to disqualification under the applicable State law or §617.18 (b)(2). (2) On and after November 21, 1988. The conditions stated in paragraphs (a)(2) and (a)(3) of this section shall not be applicable to an individual who is enrolled in or participating in a training program approved under §617.22 (a), or during a break in the training program if (as determined for the purposes of §617.15(d)) the individual participated in the training immediately before the beginning of the break and resumes participation in the training immediately after the break ends. [59 FR 932, Jan. 6, 1994] (a) State law applies. Except as stated in paragraph (b) of this section and §617.55(b), an individual shall not be paid TRA for any week of unemployment the individual is or would be disqualified to receive UI under the disqualification provisions of the applicable State law, including the provisions of the applicable State law which apply to EB claimants and which are consistent with section 202(a)(3) of the Federal-State Extended Unemployment Compensation Act of 1970. (b) Disqualification of trainees—(1) State law inapplicable. A State law shall not be applied to disqualify an individual from receiving either UI or TRA because the individual: (i) Is enrolled in or is participating in a training program approved under §617.22(a); or (ii) Refuses work to which the individual has been referred by the State agency, if such work would require the individual to discontinue training, or if added to hours of training would occupy the individual more than 8 hours a day or 40 hours a week, except that paragraph (b)(1)(ii) of this section shall not apply to an individual who is ineligible under paragraph (b)(2) of this section; or (iii) Quits work, if the individual was employed in work which was not suitable (as defined in §617.22(a)(1)), and it was reasonable and necessary for the individual to quit work to begin or continue training approved for the individual under §617.22(a). (2) Trainees ineligible. (i) An individual who, without justifiable cause, fails to begin participation in a training program which is approved under §617.22(a), or ceases to participate in such training, or for whom a waiver is revoked pursuant to §617.19(c), shall not be eligible for basic TRA, or any other payment under this part 617, for the week in which such failure, cessation, or revocation occurred, or any succeeding week thereafter until the week in which the individual begins or resumes participation in a training program that is approved under §617.22(a). (ii) For purposes of this section and other provisions of this Part 617, the following definitions shall be used: (A) Failed to begin participation. A worker shall be determined to have failed to begin participation in a training program when the worker fails to attend all scheduled training classes and other training activities in the first week of the training program, without justifiable cause. (B) Ceased participation. A worker shall be determined to have ceased participation in a training program when the worker fails to attend all scheduled training classes and other training activities scheduled by the training institution in any week of the training program, without justifiable cause. (C) Justifiable cause. For the purposes of paragraph (b)(2) of this section, the term “justifiable cause” means such reasons as would justify an individual's conduct when measured by conduct expected of a reasonable individual in like circumstances, including but not limited to reasons beyond the individual's control and reasons related to the individual's capability to participate in or complete an approved training program. (c) Disqualification while in OJT. In no case may an individual receive TRA for any week with respect to which the worker is engaged in on-the-job training. [51 FR 45848, Dec. 22, 1986, as amended at 53 FR 32350, Aug. 24, 1988; 59 FR 932, Jan. 6, 1994] (a) In general—(1) Basic requirement. (i) All individuals otherwise entitled to basic TRA, for each week, must either be enrolled in or participating in a training program approved under §617.22(a), or have completed a training program approved under §617.22(a), as provided in §617.11(a)(2)(vii), in order to be entitled to basic TRA payments for any such week (except for continuation of payments during scheduled breaks in training of 14 days or less under the conditions stated in §617.15(d)). The training requirement of paragraph (a)(1)(i) of this section shall be waived in writing on an individual basis, solely in regard to entitlement to basic TRA, if approval of training for the individual is not feasible or is not appropriate, as determined in accordance with paragraph (a)(2) of this section. (ii) As a principal condition of entitlement to additional TRA payments, all individuals must actually be participating in a training program approved under §617.22(a)for each week, and for all weeks beginning on and after November 21, 1988 (except for continuation of payments during breaks in training under the conditions stated in §617.15(d)). Paragraph (a)(2) of this section is not applicable in regard to additional TRA, and the participation in training requirement of paragraph (a)(1)(ii) of this section may not be waived under any circumstances. (2) Waiver of participation requirement. When it is determined, in accordance with paragraph (a)(2) of this section, that it is not feasible or is not appropriate (as such terms are defined in paragraph (b) of this section) to approve a training program for an individual otherwise entitled to basic TRA, the individual shall be furnished a formal written notice of waiver, with an explanation of the reason(s) for the waiver and a statement of why training is not feasible or is not appropriate in the case of such individual. At a minimum, the written statement furnished to the individual shall contain information required by §617.50(e) as well as the following information: (i) Name and social security number of the individual; (ii) Petition number under which the worker was certified; (iii) A statement why the agency has determined that it is not feasible or is not appropriate to approve training for the individual at that time, and the reason(s) for the finding; (iv) A statement that the waiver will be revoked at any time that feasible and appropriate training becomes available; (v) Any other advice or information the State agency deems appropriate in informing the individual; (vi) Signature block (with signature) for the appropriate State official; and (vii) Signature block (with signature) for the worker's acknowledgement of receipt. (3) Denial of a waiver. In any case in which a determination is made to deny to any individual a waiver of the participation requirement, the individual shall be furnished a formal written notice of denial of waiver, which shall contain all of the information required of formal written notices under paragraph (a)(2) of this section. (4) Procedure. Any determination under paragraph (a)(2) or paragraph (a)(3) of this section shall be a determination to which §§617.50 and 617.51 apply, including the requirement that any written notice furnished to an individual shall include notice of the individual's appeal rights as is provided in §617.50(e). (b) Reasons for issuing a waiver. (1) For the purposes of paragraphs (a)(2) and (a)(3) of this section, a waiver of the participation in training requirement shall be issued to an individual only upon a supported finding that approval of a §617.22(a) training program for that individual is not feasible or is not appropriate at that time. (i) Feasible and appropriate. For the purposes of this section: (A) Feasible. The term feasible means: (1) training is available at that time which meets all the criteria of §617.22(a); (2) the individual is so situated as to be able to take full advantage of the training opportunity and complete the training; and (3) funding is available to pay the full costs of the training and any transportation and subsistence expenses which are compensable. The funding referred to in paragraph (b)(1)(i)(A)(3) of this section includes not only TAA program funds but also all other funds available under any of the provisions of the Title I, Subchapter B of the Workforce Investment Act or any other Federal, State or private source that may be utilized for training approvable under §617.22(a). Further, the individual's situation in respect to undertaking training (as referred to in paragraph (b)(1)(i)(A)(2) of this section) shall include taking into account personal circumstances that preclude the individual from being able to participate in and complete the training program, such as the availability of transportation, the ability to make arrangements for necessary child care, and adequate financial resources if the weeks of training exceeds the duration of UI and TRA payments. (B) Appropriate. The term appropriate means being suitable or compatible, fitting, or proper. Appropriate, therefore, refers to suitability of the training for the worker (including whether there is a reasonable prospect which is reasonably foreseeable that the individual will be reemployed by the firm from which separated), and compatibility of the training for the purposes of the TAA Program. In these respects, suitability of training for the individual is encompassed within the several criteria in §617.22 (a), and compatibility with the program is covered by the various provisions of subpart C of this part which describe the types of training approvable under §617.22(a) and the limitations thereon. (ii) Basis for application. Whether training is feasible or appropriate at any given time is determined by finding whether, at that time, training suitable for the worker is available, the training is approvable under subpart C of this part including the criteria in §617.22(a), the worker is so situated as to be able to take full advantage of the training and satisfactorily complete the training, full funding for the training is available from one or more sources in accordance with §§617.24 and 617.25, the worker has the financial resources to complete the training when the duration of the training program exceeds the worker's eligibility for TRA, and the training will commence within 30 days of approval. (2) Particular applications. The reasons for any determination that training is not feasible or is not appropriate shall be in accord with the following: (i) Not feasible because— (A) The beginning date of approved training is beyond 30 days, as required by the definition for “Enrolled in training” in §617.11(a)(2)(vii)(D), (B) Training is not reasonably available to the individual, (C) Training is not available at a reasonable cost, (D) Funds are not available to pay the total costs of training, or (E) Personal circumstances such as health or financial resources, preclude participation in training or satisfactory completion of training, (F) Other (explain). (ii) Not appropriate because— (A)(1) The firm from which the individual was separated plans to recall the individual within the reasonably foreseeable future (State agencies must verify planned recalls with the employer), (2) Planned recall. For the purpose of determining whether the recall or reemployment of an individual is reasonably foreseeable (for the purposes of this section and §617.22), either a specific or general type of recall (as set out) shall be deemed to be sufficient. (i) Specific recall. A specific recall is where an individual or group of individuals who was separated from employment is identified and notified by the employer to return to work within a specified time period. (ii) General recall. A general recall is where the employer announces an intention to recall an individual or group of individuals, or by other action reasonably signals an intent to recall, without specifying any certain date or specific time period. (iii) Reasonably foreseeable. For purposes of determining whether training should be denied and a training waiver granted, because of a planned recall that is reasonably foreseeable, such a planned recall includes a specific recall and also includes a general recall (as defined in paragraph (b)(2)(ii)(A)(2) of this section) if the general recall in each individual's case is reasonably expected to occur before the individual exhausts eligibility for any regular UI payments for which the individual is or may become entitled. A general recall, in which the timing of the recall is reasonably expected to occur after the individual's exhaustion of any regular UI to which the individual is or may become entitled, shall not be treated as precluding approval of training, but shall be treated as any other worker separation for these purposes. (B) The duration of training suitable for the individual exceeds the individual's maximum entitlement to basic and additional TRA payments and the individual cannot assure financial responsibility for completing the training program, (C) The individual possesses skills for “suitable employment” and there is a reasonable expectation of employment in the foreseeable future, or (D) Other (explain). (3) Waivers and able and available. An individual who has been furnished a written notice of waiver under paragraph (a)(2) of this section (or denial of waiver under paragraph (a)(3) of this section) shall be subject to all of the requirements of §617.17(a), which shall continue until the individual is enrolled in a training program as required by paragraph (a)(2)(vii) of §617.11. (c) Waiver review and revocations. (1) State agencies must have a procedure for reviewing regularly (i.e., every 30 days or less) all waivers issued under this section to individuals, to ascertain that the conditions upon which the waivers were granted continue to exist. In any case in which the conditions have changed—i.e., training has become feasible and appropriate—then the waiver must be revoked, and a written notice of revocation shall be furnished to the individual involved. (2) In addition to the periodic reviews required by paragraph (c)(1) of this section, State agencies must have a procedure for revoking waivers in individual cases promptly whenever a change in circumstances occurs. For example, a written notice of revocation shall be issued to the individual concurrent with the approval of the training in which the individual has enrolled (if such training is scheduled to commence within 30 days), and shall not be issued prior to such approval. (3) State agencies may incorporate a revocation section in the waiver form or on a separate revocation form. Any determination under paragraph (c) of this section shall be a determination to which §§617.50 and 617.51 apply. The information included in a written notice of revocation issued under this paragraph (c) shall include all of the information required for written notices issued under paragraph (a)(2) of this section. (d) Recordkeeping and reporting. (1) State agencies must develop procedures for compiling and reporting on the number of waivers issued and revoked, by reason, as specified in paragraphs (b) and (c) of this section, and report such data to the Department of Labor as requested by the Department. (2) State agencies are not required to forward copies of individual waiver and revocation notices to the Department of Labor, unless specifically requested by the Department. However, each State agency shall retain a copy of every individual waiver and revocation notice issued by the State, for such period of time as the Department requires. [59 FR 932, Jan. 6, 1994, as amended at 71 FR 35515, June 21, 2006]
Title 20: Employees' Benefits
PART 617—TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974
Subpart B—Trade Readjustment Allowances (TRA)
§ 617.10 Applications for TRA.
§ 617.11 Qualifying requirements for TRA.
§ 617.12 Evidence of qualification.
§ 617.13 Weekly amounts of TRA.
§ 617.14 Maximum amount of TRA.
§ 617.15 Duration of TRA.
§ 617.16 Applicable State law.
§ 617.17 Availability and active search for work.
§ 617.18 Disqualifications.
§ 617.19 Requirement for participation in training.
