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Wednesday,

October 18, 2006

Part V

Department of Labor
Employment and Training Administration

20 CFR Part 618


Alternative Trade Adjustment Assistance
Benefits; Amendment of Regulations;
Proposed Rule
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61618 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

DEPARTMENT OF LABOR • Fax: (202) 693–3584 (this is not a I. Background


toll-free number). Only comments of 10 The Reform Act expanded the scope
Employment and Training or fewer pages (including a Fax cover of the TAA program and increased
Administration sheet and attachments, if any) will be certain benefit amounts available under
accepted by Fax. that program, repealed the North
20 CFR Part 618 • Mail: Submit comments to Erica American Free Trade Agreement
Cantor, Administrator, Office of Transitional Adjustment Assistance
RIN 1205–AB40
National Response, ETA, U.S. (NAFTA–TAA) program, provided the
Alternative Trade Adjustment Department of Labor, 200 Constitution Health Coverage Tax Credit (HCTC)
Assistance Benefits; Amendment of Avenue, NW., Room N–5422, administered by the Internal Revenue
Regulations Washington, DC 20210. Please note that Service (IRS) to provide a tax credit for
due to security concerns, mail delivery qualified health insurance costs for
AGENCY: Employment and Training in Washington, DC, may be delayed. eligible workers, and enacted the
Administration, Labor. Therefore, the Department encourages Alternative TAA demonstration
ACTION: Notice of Proposed Rule Making the public to submit comments via e- program for older workers. These
(NPRM); Request for comments. mail or Internet as indicated above. amendments augmented the benefits
• Hand Delivery/Courier: 200
and services to workers certified as
SUMMARY: On August 6, 2002, President Constitution Avenue, NW., Room N–
adversely affected by foreign trade
Bush signed into law the Trade 5422, Washington, DC 20210.
Instructions: All comment under the TAA program.
Adjustment Assistance Reform Act of
One of the purposes of the TAA
2002 (the Reform Act), which amended submissions should include the RIN
program, 19 U.S.C. 2271 et seq., as
the Trade Act of 1974, as amended (Act (1205–AB40) for this rulemaking and
described in section 2 of the Act, 19
or Trade Act). The Reform Act must be received on or before the last
U.S.C. 2102, is ‘‘to assist * * * workers
reauthorized the Trade Adjustment day of the comment period. The
* * * to adjust to changes in
Assistance (TAA) program through Department will not open, read, or
international trade flows.’’ The TAA
fiscal year 2007 and made significant consider any comments received after
program assists workers adversely
amendments to the TAA program, that date. Also, the Department will not
affected by international trade by
including the addition of Alternative acknowledge receipt of any comments
providing eligible workers with certain
Trade Adjustment Assistance for Older received. Commenters who submit
benefits and services, including income
Workers (Alternative TAA or ATAA). comments to the Department by Fax or
support in the form of trade
These amendments generally took effect through the Internet as well as by mail
readjustment allowances (TRA),
on November 4, 2002, and required that should indicate that the mailed
training, job search allowances,
the Department establish the ATAA comments are duplicate copies.
Docket: All comments will be relocation allowances, wage subsidies
program ‘‘[n]ot later than one year after
available for public inspection and under ATAA, and the Health Coverage
the date of the enactment of the [Reform
copying during normal business hours Tax Credit (HCTC). In order for a worker
Act]’’.
at 200 Constitution Avenue, NW., to apply to a cooperating State agency
The Department is implementing the
Division of Trade Adjustment (CSA) for these benefits and services,
TAA amendments, including the
Assistance, Room N–5422, Washington, the worker must be part of a group of
introduction of ATAA, through three
DC 20210. Copies of the proposed rule workers covered under a TAA
separate rulemakings. This proposed
are available in alternative formats of certification.
rule implements the ATAA program, a To implement the substantial changes
demonstration project for older workers. large print and electronic file on
to the TAA program, including the
On August 25, 2006, the Department computer disk, which may be obtained
introduction of ATAA, the Department
published a proposed rule governing the at the above-stated address. The
proposes creating a new 20 CFR Part
payment of TAA and the provision of proposed rule is available on the
618. Proposed Part 618 would consist of
related employment services. The Internet at the Web address http://
nine subparts: subpart A—General;
Department will publish a third www.doleta.gov.
subpart B—Petitions and
proposed rule governing TAA and FOR FURTHER INFORMATION CONTACT: Determinations of Eligibility to Apply
ATAA certifications of worker groups Erica Cantor, Administrator, Office of for Trade Adjustment Assistance;
adversely affected by trade. National Response, ETA, U.S. subpart C—Delivery of Services through
DATES: The Department invites written Department of Labor, 200 Constitution the One-Stop Delivery System; subpart
comments on this proposed rule. Avenue, NW., Room N–5422, D—Job Search Allowances; subpart E—
Comments must be submitted on or Washington, DC 20210. Telephone: Relocation Allowances; subpart F—
before December 18, 2006. (202) 693–3560 (voice) (this is not a toll- Training Services; subpart G—Trade
ADDRESSES: You may submit written free number); 1–800–326–2577 (TDD). Readjustment Allowances (TRA);
comments on this proposed rule, SUPPLEMENTARY INFORMATION: This subpart H—Administration by
identified by Regulatory Identification preamble is divided into three sections. Applicable State Agencies; and subpart
Number (RIN) 1205–AB40, by any of the Section I provides general background I—Alternative Trade Adjustment
following methods: information on the Reform Act and the Assistance for Older Workers.
• Federal eRulemaking Portal: http:// Department’s approach for developing The rulemaking for Part 618 is
www.regulations.gov. Follow the implementing regulations for the divided into three parts: This NPRM
instructions for submitting comments. Reform Act. Section II is a section-by- proposes rules for Subpart I, ATAA for
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• E-mail: AlternativeTAA.comments@ section analysis of this NPRM which Older Workers. The Reform Act
dol.gov. Include RIN 1205–AB40 in the proposes rules to implement ATAA for introduced this demonstration program
subject line of the message. Your older workers. Section III covers the to provide alternate benefits to older
comment must be in the body of the e- administrative requirements for this workers who obtain group certifications
mail message; do not send attached proposed rulemaking mandated by of their eligibility to apply for both TAA
files. statute and executive order. and ATAA. These older workers, when

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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61619

they are part of a group certified as support component of TAA, before is covered by an ATAA certification.
eligible to apply for ATAA, have the being determined eligible for ATAA). A Accordingly, proposed paragraph (a)(1)
option of applying for a wage worker under either program may requires that the worker be certified as
supplement as an alternative to TAA receive employment and other related eligible to apply for ATAA under an
when they take work for less services focused on obtaining new ATAA certification (which is issued
compensation than they received in employment offering compensation at or concurrently with a TAA certification).
their adversely affected employment. near the wages earned in adversely Further, the Department interprets the
A separate NPRM, published at 71 FR affected employment, and a worker statutory phrase ‘‘covered by a
50760–50832 (August 25, 2006) (RIN under either program may receive the certification’’ to mean that the worker is
1205–AB32), covers six subparts Health Coverage Tax Credit (HCTC) if an ‘‘adversely affected worker,’’ as
governing the payment of TAA and the otherwise eligible. defined in § 618.110(b)(3). To be an
provision of related employment Some provisions in proposed subpart adversely affected worker, the worker
services (subpart C through subpart H) I reference provisions in subpart H of must be separated from adversely
and related definitions in subpart A. Part 618, Administration by Applicable affected employment during the period
The Department will publish a third State Agencies. All subpart H provisions of coverage of the certification. Thus, an
NPRM for subpart B, which will govern apply to the ATAA program except adversely affected worker is one who is
TAA and ATAA certifications of worker where subpart H or subpart I ‘‘covered by a certification,’’ as required
groups adversely affected by trade. (A specifically provides to the contrary. by the statutory language. Moreover, the
worker must be covered under a TAA or The absence in subpart I of a reference definition of adversely affected worker
ATAA certification to apply for TAA or to an applicable subpart H provision requires that the worker be separated
ATAA, respectively.) It will also may not be construed to mean subpart ‘‘because of lack of work in adversely
provide definitions relating to TAA and H does not apply. affected employment * * *.’’ This
ATAA certifications that were reserved Proposed § 618.900 describes the requirement assures that a worker fired
in subpart A. scope and purpose of ATAA. It explains for cause or laid off for other reasons
The reader should note that since the that the Division of Trade Adjustment than lack of work is not eligible for
Department initially expected to publish Assistance (DTAA) will determine ATAA benefits. Accordingly, proposed
subparts B and I as one NPRM, both ATAA and TAA certification at the paragraph (a)(1) requires that the worker
subparts B and I were initially covered same time. ATAA group certification be an adversely affected worker in a
under the same RIN, 1205–AB40. In will be covered in subpart B of this Part. group of workers certified as eligible to
order to expedite the publication of Paragraph (a) of § 618.900 also explains apply for TAA and ATAA.
subpart I, the Department has decided to that a worker for whom a nonrefundable Proposed paragraph (a)(2) of § 618.905
publish the NPRM for subpart B expense is incurred for training (criterion 2) implements section
separately. Therefore, subpart I will approved under § 618.605(c) loses the 246(a)(3)(B)(ii) of the Act, which
remain under RIN 1205–AB40, and the option to receive ATAA, whether or not requires that the worker obtain
Department will request a new RIN for TAA funds pay the expense. The basis reemployment not more than 26 weeks
subpart B and remaining definitions in for this requirement appears in the after the date of separation from
subpart A. preamble explanation of proposed adversely affected employment.
§ 618.915. Finally, this provision Proposed paragraph (a)(2) implements
II. Summary and Discussion of
explains that proposed § 618.915 this provision by requiring the worker to
Regulatory Provisions: Subpart I—
provides that workers individually obtain reemployment by the last day of
Alternative Trade Adjustment
found eligible for TAA and ATAA may the 26th week after the date of the
Assistance for Older Workers
not receive any TAA (except for the worker’s most recent ‘‘total separation,’’
This proposed subpart governs HCTC) after receiving an ATAA wage as defined in § 618.110(b)(76), that
ATAA, a demonstration project supplement, to highlight the choice of occurred within the certification period
established by the Reform Act under benefits that receipt of ATAA imposes of the ATAA certification. The use of
new section 246 of the Act. ATAA is a on an individual worker. the term ‘‘most recent total separation’’
new approach to providing employment Proposed paragraph (b) states the recognizes that workers may undergo
assistance to workers 50 years of age or purpose of the ATAA program: ‘‘to more than one separation from
older through wage subsidies. The goal provide workers 50 years of age or older employment and, like the regular TAA
of ATAA is to encourage reemployment with the option to receive a temporary program, permits workers to obtain
of older workers who may find it wage supplement upon prompt benefits when the employment
difficult to find a new job at the same reemployment at lower pay than their relationship appears to be finally
wage level when they change careers previous adversely affected severed.
after long-term employment in a single employment.’’ By making the wage supplement
job or industry. Training to improve Proposed § 618.905 discusses the six available only if reemployment occurred
opportunities for a future career, such as criteria that section 246 of the Act within 26 weeks of the worker’s total
training individuals may receive requires the Cooperating State Agencies separation, the statute encourages
through TAA, may not be the best (CSAs) to apply in determining whether workers to begin looking for
option for these workers. an individual worker is eligible for employment as soon as possible.
The program allows a worker covered ATAA. However, as provided in proposed
by an ATAA certification a choice. An Proposed paragraph (a)(1) of § 618.905 §§ 618.905(d)(4) and 618.910(a)(3), a
eligible worker may receive either an (criterion 1) implements both section CSA may approve a wage supplement
ATAA wage supplement to supplement 246(a)(3)(B)(i) of the Act, requiring that,
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and pay it retroactively to a worker who


income from a new job at lower pay to be eligible for the ATAA wage is covered by an ATAA certification but
than the worker’s adversely affected supplement, the worker ‘‘is covered by is reemployed before the certification is
employment, or TAA benefits including a certification under subpart A of this issued, if the worker otherwise meets
training and income support (although Part [providing for group certifications eligibility requirements. The
some workers may, under this proposed for TAA],’’ as well as the section Department believes that denying the
subpart, receive TRA, the income 246(a)(3)(B) requirement that the worker supplement to a worker who becomes

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reemployed before the certification is 246(a)(3)(B)(v) of the Act, which is considered employed full-time for
issued is inconsistent with the intent of requires that the worker is employed on any week in which the worker worked
the statute to encourage rapid a full-time basis as defined by State law less than full-time as defined in State
reemployment. In addition, denying in the State in which the worker is law, only because the worker was on
retroactive approval of ATAA could employed by repeating the statutory employer-authorized leave. The
encourage a worker to delay language. It also adds the requirement Department believes that a worker
reemployment if a petition is pending, that the worker must continue to be should not be disqualified from
since the worker would have an employed on a full-time basis, although receiving ATAA for periods of
incentive to wait until a determination not necessarily at the same job or for the employer-authorized leave, whether
is made. Further, the statute does not same employer. This is a requirement paid or unpaid, simply because the
preclude retroactive approval of ATAA for continuing eligibility which the worker actually worked fewer than the
since it requires reemployment within Department believes should be clearly minimum number of hours required
26 weeks of separation and does not stated. under the applicable State law
provide an alternate deadline for Proposed paragraph (a)(5)(i) explains definition of full-time employment.
reemployment if the separation occurs that either a single full-time job or any Proposed paragraph (a)(5)(iii)
prior to the certification. combination of part-time work that provides that the employment may not
Proposed paragraph (a)(3) of § 618.905 meets or exceeds full-time employment be TAA- or WIA-sponsored on-the-job
(criterion 3) implements section under that State law may be used. ‘‘State training (OJT). Under both TAA and
246(a)(3)(B)(iii) of the Act, which law’’ is defined in § 618.110(b)(70) as WIA, OJT is a form of training in which
requires that the worker is at least 50 the State Unemployment Insurance (UI) a Federal program pays a subsidy to an
years of age. Proposed paragraph (a)(3) law. Following longstanding practice, employer to offset the employer’s cost of
implements this provision by requiring State UI law means not only State providing training. Since ATAA is
that the worker must be at least 50 years statutory provisions, but also: State provided as an alternative to other TAA
of age at the time of reemployment. The court decisions, regulations, program benefits, the choice to enroll in training
Department proposes using the age of letters, manuals, and any other means that a worker becomes ineligible
the worker at the time of the worker’s documents interpreting State UI law. for ATAA. ATAA allowances may be
reemployment because that is the time Thus, even if full-time employment paid if a WIA-funded OJT, that has not
when all 6 criteria must be met. The were not defined in the State code, a been approved as TAA training, ends
worker’s age may be verified with a definition contained in another State- and leads to permanent unsubsidized
driver’s license or other appropriate issued document would apply. If the employment within the 26-week
documentation. worker is employed in more than one window for applying for ATAA.
Proposed paragraph (a)(4) of § 618.905 State, then the law of the State in which Proposed paragraph (a)(6) of § 618.905
(criterion 4) implements section the worker has the higher weekly (criterion 6) implements section
246(a)(3)(B)(iv) of the Act, which earnings applies. If the worker’s weekly 246(a)(3)(B)(vi) of the Act, which
conditions the wage supplement on the earnings in that State are reduced, the requires that the worker ‘‘does not
worker not earning more than $50,000 a law of that State continues to apply. The return to the employment from which
year in wages from reemployment. determination of which State law the worker was separated.’’ The
Accordingly, proposed paragraph (a)(4) applies is made at the same time as the Department interprets this as meaning
requires that the worker may not earn initial determination of eligibility and more than merely a return to the same
more than $50,000 in annualized wages the amount of the supplement or, if the job, with the same facility, of the same
from reemployment as calculated under worker requalifies for ATAA on the firm, producing the same article. Rather,
proposed § 618.910(a)(2)(ii). basis of subsequent employment in two the provision’s evident intent is to
Computations of annualized wages from States, at the initial determination for prevent the subsidization of wages
reemployment include wages from all that employment. Once the CSA makes when the worker effectively is returning
jobs in which the worker is employed. the determination of the applicable to the adversely affected employment, a
When a worker applies for ATAA, a State law, that determination continues broader standard.
paycheck or supporting statement from to apply even if the worker’s weekly Proposed paragraph (a)(6)(i) contains
the employer, or from each employer if earnings change. If the worker’s wages the first part of this interpretation, that
there is more than one, must indicate in that State are reduced, it is easier to the worker returns to the same facility
that the annualized wages from simply continue to apply the law of that owned by the same firm from which the
reemployment with that employer will State. adversely affected worker was
not exceed $50,000. Because the State UI law does not need to cover separated, regardless of whether the
$50,000 figure is a prospective the employment, but the employment worker returns to the same job or
calculation, a formula to annualize must not present any unusual risk to the produces the same article as in
reemployment wages, set forth in health, safety, or morals of the worker adversely affected employment.
proposed § 618.910(a)(2)(ii), must be and the employment must not be in an Proposed paragraph (a)(6)(ii) contains
used to calculate whether the worker’s unlawful activity under any applicable the second part of the interpretation,
wages project to exceed this amount or Federal, State, or local law. The that the worker returns to the same
the annualized wages at separation as Department includes this provision facility but under ownership by a
computed under proposed because it believes that ATAA should different firm from that which the
§ 618.910(a)(2)(i). Finally, the proposed not serve as an incentive for a worker worker was separated, if the worker is
paragraph provides that annualized either to accept employment that producing the same article as identified
in the TAA determination but without
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wages from reemployment must be less otherwise would jeopardize the


than the worker’s annualized wages at worker’s own welfare or involve illegal regard to whether the worker is in the
separation from adversely affected activities. same job. Proposed paragraph (a)(6)(iii)
employment, computed under Proposed paragraph (a)(5)(ii) provides contains the third part of the
§ 618.910(a)(2)(i). an exception to the requirement that interpretation, that the worker is
Proposed paragraph (a)(5) of § 618.905 State law requirements define full-time reemployed at a different facility of the
(criterion 5) implements section employment. It provides that a worker same firm from which the worker was

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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61621

separated, and in the same job statute, the deadline runs from the § 618.905(e) ensures there is no
producing the same article identified in layoff date, not the certification date. confusion concerning the applicability
the TAA determination. Since every certification reaches back of proposed § 618.865 to ATAA.
Proposed paragraph (b) of § 618.905 one year, in every certification there are Proposed § 618.910 addresses the
contains the basic filing requirement for potentially workers for whom the 26- wage supplement payments available,
a worker to file an application for week deadline passed long before the and the HCTC potentially available, to
ATAA. For an ATAA application to be petition was certified, or even filed. those receiving ATAA. Proposed
timely, it must be filed with the CSA Everyone must meet this deadline, paragraphs (a)(1) and (a)(2) of this
within two years from the first day of regardless of whether the worker was section govern the computation of the
the worker’s reemployment, unless the laid off before a timely certification, or total ATAA wage supplement for an
Department extends this two-year the worker was laid off before the eligible worker.
deadline for workers covered by an certification because it was delayed by Proposed paragraph (a)(1) of § 618.910
ATAA certification whose issuance was the appeals process. provides that the total supplement
unduly delayed as determined by the Proposed paragraph (d) of § 618.905 amount, payable for up to a two-year
Department. Although the Act is silent, provides that specified provisions in period, is the lesser of $10,000 or an
the Department proposes a deadline in subpart H concerning determinations, amount equal to 50 percent of the
order to avoid an open-ended redeterminations, notice, and appeals difference between the wages earned
commitment. ATAA is payable for no and hearings apply to ATAA. The from the adversely affected employer
more than two years and it is reasonable Department proposes to apply the same and the new employment obtained after
that a claimant file the claim within this procedural requirements to ATAA as separation from adversely affected
period. apply to TAA because doing so employment. As discussed above
The Department also proposes to promotes efficient ATAA regarding proposed § 618.905(a)(4), a
permit CSAs to require in-person filing administration. Proposed paragraphs worker is ineligible to receive any wage
because it might, in some cases, help (d)(1), (d)(2), and (d)(3) provide further supplement if the worker’s annualized
prevent fraud by better enabling the procedural requirements specific to wages at separation do not exceed the
CSA to verify an applicant’s identity, or ATAA. worker’s annualized wages from
assist in ensuring an accurate Proposed paragraph (d)(1) provides reemployment.
calculation of benefits for eligible that in reviewing the application, the Proposed paragraphs (a)(2)(i) and (ii)
workers. The ATAA payment, unlike CSA must verify and document the of § 618.910 provide the computations
State UI, is not based upon wage records worker’s age, reemployment, and wages for, respectively, annualized wages at
in a database, but pay stubs. The CSA in determining whether the individual separation, and annualized wages from
may need the claimant present to obtain meets the individual eligibility criteria reemployment. Proposed paragraph
the needed information quickly and to in proposed § 618.905(a). (a)(2)(i) computes the annualized wages
speed up the process for deciding on Proposed paragraph (d)(2) provides at separation based upon the amount of
eligibility for and the amount of the that a determination of eligibility issued wages received by the worker during the
ATAA payment. The Department to a worker must include a notice that last full week of adversely affected
therefore believes that CSA’s should the benefit amount will be regularly employment. Proposed § 618.110(b)(81)
have the flexibility of requiring in- recalculated and may change if the defines ‘‘wages’’ as ‘‘all compensation
person claim filing. eligible worker’s annualized wages in for employment for an employer,
Proposed paragraph (c) addresses reemployment vary. Workers’ ATAA including commissions, bonuses, and
situations where, because of the delays payments frequently change; therefore, the cash value of all compensation in a
associated with litigation over the this requirement would prevent medium other than cash.’’ Thus, the
denials of certifications of petitions, confusion as workers see their benefit computation of annualized wages at
certifications are issued so late that the amounts change. separation for ATAA recognizes that
two-year deadline for receiving ATAA Proposed paragraph (d)(3) allows a some eligible workers are paid by means
benefits has expired for workers worker to file a new application and other than an hourly wage. However,
covered. Proposed paragraph (c) obtain ATAA if the worker meets the the computation of wages for ATAA
remedies this by providing that, as long criteria of proposed § 618.905(a) at the purposes varies from the definition of
as the petitioner or the adversely time of filing of the new application, ‘‘wages’’ by excluding overtime wages
affected worker did not contribute to the even if the CSA has denied a prior because such wages are too speculative.
delay in issuing the certification, for application. It also varies from the definition of
example, failing to meet filing deadlines Proposed paragraph (d)(4) provides ‘‘wages’’ by excluding employer-paid
or repeatedly requesting extensions of that a CSA may approve a wage health insurance premiums and
filing deadlines, the filing deadline will supplement and pay it retroactively to a employer pension contributions, so as
be extended for a reasonable period, worker who is covered by an ATAA not to disqualify workers for ATAA
decided on a case-by-case basis, certification but is reemployed before because their employer provides health
necessary to permit eligible workers to the certification is issued, and otherwise insurance or pensions. Lastly, it varies
file for ATAA. The Department believes meets eligibility requirements. This was from the definition of ‘‘wages’’ by
that, in these cases, the adversely explained above in the discussion of excluding bonuses, severance payments,
affected workers should not be unfairly proposed § 618.905(a)(2). buyouts and similar payments, which
penalized by not receiving ATAA. The Proposed paragraph (e) of § 618.905 are not reflective of the worker’s weekly
Department proposes paragraph (c) to provides that the recordkeeping and pay and which therefore should not be
restore such workers to the position disclosure of information requirements annualized. The computation of
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they would have occupied had the of proposed § 618.865 apply to CSA’s annualized wages at separation would
certification covering them been issued ATAA program administration. The use wages earned only in the last full
without the delay. The 26-week language of proposed § 618.865 already week of the worker’s regular schedule in
deadline for obtaining reemployment, in states that it applies to the adversely affected employment, rather
§ 618.925(a)(2), is not extended. The 26- administration of ‘‘the Act,’’ which than, for example, the worker’s wages
week deadline is statutory. Under the includes ATAA; however, proposed during the preceding 12-month period.

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61622 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

This is because the Act describes the Proposed paragraph (a)(4) of § 618.910 The Department proposes this policy
formula as using the wages received by provides that each wage supplement because it does not want to preclude
the worker ‘‘at the time of separation.’’ payment will be equal to the workers from receiving ATAA benefits
Proposed paragraph (a)(2)(ii) of Annualized Wage Differential divided if they secure different employment
§ 618.910 provides that the initial by the number of payments made during after their initial reemployment. Also,
computation of annualized wages from the year, e.g., divided by 12 in a State the employment is not required to be
reemployment relies on the amount of that pays on a monthly basis and consecutive. However, ATAA benefits
wages received by the worker during the divided by 52 in a State that pays on a are not payable during periods of
first full week of reemployment. This weekly basis. As noted in proposed unemployment. If a worker receiving
computation also requires combining § 618.905(d)(2), this calculation, and ATAA becomes unemployed, the
wages from all jobs, which is consistent thus the payments, may change when worker must complete a new individual
with the requirement in proposed the Annualized Wage Differential is application for ATAA upon
§ 618.905(a)(5) that ‘‘full-time recalculated as a result of changes in reemployment. The worker then will be
employment’’ may include any wages. eligible to receive the wage supplement,
combination of part-time jobs. However, Proposed paragraph (a)(5) of § 618.910 up to the $10,000 maximum, for the
the computation of wages from provides that the CSA will, no less than remainder of the two-year eligibility
reemployment, like the computation of monthly, review whether a worker period (the two-calendar year period
wages at separation, excludes overtime, remains eligible for, and the amount of, beginning with the first day of initial
employer-paid health insurance the wage supplement payments. This reemployment) if the worker meets
premiums, employer pension requirement would reduce the risk of criteria 4, 5, and 6 of § 618.905.
contributions, as well as bonuses, fraud and error and would reduce the If the worker’s initial reemployment
severance payments, buyouts and number of overpayments that would meets all the criteria for individual
similar payments not reflective of have to be established in the case of eligibility found in § 618.905, then the
weekly pay. Tips are not included in the workers who receive payments to which worker continues to be eligible for
proposed definition of wages, and the they are not entitled. This requirement ATAA even though the worker obtains
Department specifically invites also is necessary for determinations of different employment, as long as it is
comments on whether they should be, eligibility and recalculations of wage within the worker’s two-year eligibility
and if so, how they should be supplement payment amounts if the period for benefits and the new job
calculated. The computation of worker’s annualized wages from meets criteria 4, 5 and 6. Criteria 1, 2
annualized wages from reemployment reemployment change, as provided in and 3 do not need to be reevaluated.
uses wages earned in the first full week proposed paragraph (a)(6) of § 618.910. Criterion 1, the worker is covered by a
If the review determines that the certification and criterion 3, the worker
of reemployment because that amount is
worker’s annualized wages from is at least 50 years of age, will not
the only actual figure available at the
reemployment have changed, then change. The Department also interprets
outset of a worker’s reemployment.
proposed paragraph (a)(6) requires a criterion 2, that the worker obtained the
The Department notes that the CSA to determine eligibility or job not more than 26 weeks after the
proposed computation of the wage recalculate wage supplement payment date of separation from adversely
supplement does not address one amounts based on the new annualized affected employment, as only applying
possible problem, that is, where a wages from the change. to the first reemployment job. Thus, it
worker’s wages decrease because an Proposed paragraph (a)(7) of § 618.910 is not necessary that the worker obtain
employer lowers the worker’s wage rate provides that if a CSA has verified subsequent reemployment by the
immediately prior to separation or continued eligibility monthly, as statutory deadline described in
because piece rate or commission required by proposed paragraph (a)(5), § 618.905(a)(2), because that deadline
earnings are reduced. The Department then payments made after a worker’s was met by the initial reemployment.
invites comment on this possible annualized wages from reemployment Proposed paragraph (a)(8)(ii) specifies
problem as well as whether there is a have changed but before the regular that a worker already receiving wage
better way to calculate wages at monthly review, are considered valid supplement payments will become
separation. payments to which the individual was ineligible for the duration of any period
Proposed paragraph (a)(3) of § 618.910 entitled and are not overpayments of unemployment. However, the worker
governs the timing of wage supplement subject to § 618.840. The Department may regain eligibility upon again
payments and explains that the CSA has believes that in these circumstances, becoming reemployed if the new
the option to distribute the wage basic fairness and justice requires that it employment meets the same three
supplement payments to the worker on allow a worker to keep wage requirements in § 618.905(a).
either a weekly, biweekly, or monthly supplement payments received as the Proposed paragraph (a)(8)(iii)
basis for no more than a two-year period result of determinations that were provides that a worker whose
to a worker under any single ATAA correct and accurate at the time they recalculated annualized wages from
certification. Proposed paragraph (a)(3) were made based on all the information reemployment exceed $50,000, may not
also provides that a worker may receive available at that time. receive any further wage supplement
a lump-sum retroactive wage Proposed paragraph (a)(8) of § 618.910 payments or any TAA benefit. However,
supplement payment for a previous explains how a change in employment if another change reduces the worker’s
period for which the worker was eligible affects ATAA eligibility. Proposed annualized wages from reemployment
for such payments, but did not have the paragraph (a)(8)(i) provides that an below $50,000 and the job still meets
opportunity to apply. This most eligible worker who changes jobs is not criteria 4, 5 and 6, the worker may
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commonly would occur where a worker disqualified from continuing to receive reapply and receive ATAA for the
was separated and found a new job wage supplement payments so long as remaining portion of the two-year
before the ATAA certification was the new employment meets the eligibility period. The Department
issued. Retroactive payment was applicable requirements in proposed believes a worker should not be
explained above in the discussion of § 618.905(a), that is, proposed permanently barred from further wage
§ 618.905(a)(2). paragraphs (a)(4), (a)(5) and (a)(6). supplement payments due to a

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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61623

temporary spike in earnings that the termination date unless the worker Executive Order 13132: Federalism
subsides before the worker’s two-year is ‘‘receiving payments * * * on the The Department has reviewed this
eligibility period expires. termination date.’’ Proposed § 618.920 proposed rule revising the operation of
Proposed paragraph (b) of § 618.910 interprets this provision to mean that an a Federal benefit program in accordance
provides that ATAA recipients are eligible worker whose initial application with Executive Order 13132 and found
‘‘eligible ATAA recipients’’ for purposes for ATAA is approved on or before the that it will not have substantial direct
of the HCTC. Although neither the termination date may receive ATAA effects on the States or the relationship
Department nor CSAs make HCTC payments for as long as the worker between the national government and
eligibility determinations, proposed the States, or the distribution of power
remains eligible for the duration of the
§ 618.770(b) describes the duties of a and responsibilities among the various
worker’s ATAA eligibility period. The
CSA in administering the HCTC. The levels of government, within the
Internal Revenue Service makes the Department believes this interpretation,
as opposed to one that would permit meaning of the Executive Order.
final determination of HCTC eligibility.
Proposed § 618.915 explains the continuing wage supplement payments Unfunded Mandates Reform Act of 1995
Department’s interpretation of section only to workers who had received an
This regulatory action has been
246(a)(5) of the Act, limiting the TAA actual payment by the termination date, reviewed in accordance with the
benefits available to workers receiving is reasonable and is more sensible Unfunded Mandates Reform Act of 1995
ATAA. That provision prohibits a because it avoids the inequity of a (Pub. L. 104–4) and Executive Order
worker who is receiving ATAA benefits worker having an initial application 12875. The Department has determined
from receiving benefits under the TAA approved before the termination date, that this rule does not include any
program other than the HCTC, but it but then not receiving a payment Federal mandate that may result in
does not indicate whether a worker may because of an administrative delay. increased expenditures by State, local,
receive ATAA after having received or tribal governments, in the aggregate,
TAA benefits. Proposed § 618.915 III. Administrative Requirements of the
or by the private sector, of $100 million
interprets section 246(a)(5) of the Act as Proposed Rulemaking
or more in any one year. Accordingly,
permitting a worker to receive TRA, a Executive Order 12866 the Department has not prepared a
job search allowance, and a relocation budgetary impact statement.
allowance under a TAA certification This proposed rule for ATAA program
before receiving a wage supplement benefits is not an economically Effect on Family Life
payment under the accompanying significant rule because it will not The Department certifies that this
ATAA certification. Once such a worker materially alter the budgetary impact of proposed rule has been assessed
receives a wage supplement payment, entitlements, grants, user fees, or loan according to section 654 of Pub. L. 105–
however, that worker may not receive programs; have an annual effect on the 277, 112 Stat. 2681, for its effect on
any further TAA benefits under that economy of $100 million or more; or family well-being. The Department
TAA certification, except the HCTC, if concludes that the rule will not
adversely affect the economy, a sector of
eligible. adversely affect the well-being of the
Proposed § 618.915 prohibits a worker the economy, productivity, competition,
nation’s families. Rather, it should have
for whom a nonrefundable expense is jobs, the environment, public health or
a positive effect on family well-being by
incurred—whether or not TAA funds safety, or State, local, or tribal
providing greater choice in for benefits
pay the expense—for training approved governments or communities in a to eligible individuals.
under § 618.605(c) from receiving a material way. However, the proposed
wage supplement payment under the rule is a significant regulatory action Regulatory Flexibility Act/SBREFA
ATAA certification. The Department under Executive Order 12866 at section We have notified the Chief Counsel
proposes this prohibition because 3(f), Regulatory Planning and Review, for Advocacy, Small Business
ATAA is a demonstration program because it raises novel legal or policy Administration, and made the
designed to test whether a wage issues arising out of legal mandates, the certification pursuant to the Regulatory
supplement will return older workers to President’s priorities, or the principles Flexibility Act (RFA) at 5 U.S.C. 605(b),
work faster than training under the TAA set forth in the Executive Order. This that this proposed rule will not have a
program. Therefore, it is reasonable to proposed rule implements a new significant economic impact on a
require a worker to choose between a program under the Reform Act for substantial number of small entities.
longer-term commitment to training and individuals who are at least 50 years Under the RFA, no regulatory flexibility
the receipt of ATAA to supplement the old. Therefore, the Department has analysis is required where the rule ‘‘will
wages earned in employment obtained submitted this proposed rule to the not * * * have a significant economic
quickly with existing skills. Mere Office of Management and Budget for impact on a substantial number of small
approval of training under § 618.605(c) review. entities.’’ 5 U.S.C. 605(b). A small entity
does not disqualify a worker from is defined as a small business, small
receiving ATAA; rather, the Paperwork Reduction Act not-for-profit organization, or small
disqualification for receipt of training governmental jurisdiction. 5 U.S.C.
applies only once an actual and The ATAA program described in this 601(3)–(5). Therefore, the definition of
nonrefundable expense for TAA proposed rule contains a requirement the term ‘‘small entity’’ does not include
approved training is incurred from TAA for States to submit to the Department States or individuals.
or other funds. the quarterly ATAA Activities Report This proposed rule provides
Proposed § 618.920 explains the effect (ATAAAR). These requirements were procedures governing a program for
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of the termination of the ATAA previously reviewed and approved for individuals over age 50 and is
program. This program was enacted as use by the Office of Management and administered by the States and not by
a demonstration project to better serve Budget (OMB) and assigned OMB small governmental jurisdictions. In
older workers seeking reemployment. control number 1205–0459 under the addition, the program applies to
Section 246(b) of the Act provides that provisions of the Paperwork Reduction individuals who seek benefits under the
a worker may not receive ATAA after Act of 1995 (Pub. L. 104–13) (PRA). program only, and not small entities as

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61624 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

defined by the Regulatory Flexibility 618.900 Scope and purpose. (4) Criterion 4: The worker earns not
Act. Therefore, the Department certifies 618.905 Individual eligibility criteria, more than $50,000 a year in annualized
that this proposed rule will not have a application, and determinations. wages from reemployment. The worker
significant impact on a substantial 618.910 Benefits. may not earn more than $50,000 in
618.915 Choice of TAA or ATAA wage
number of small entities and, as a result, supplement.
annualized wages from reemployment,
no regulatory flexibility analysis is 618.920 Termination of ATAA Program. as computed under 618.910(a)(2)(ii).
required. Annualized wages from reemployment
In addition, the Department certifies Subpart I—Alternative Trade will include wages from all jobs in
that this proposed rule is not a major Adjustment Assistance for Older which the worker is employed. When a
rule as defined by section 804 of the Workers worker applies for ATAA, a paycheck or
Small Business Regulatory Enforcement supporting statement from the
Act of 1996 (SBREFA). Under section § 618.900 Scope and purpose. employer, or from each employer if
804 of SBREFA, a major rule is one that (a) This subpart covers Alternative more than one, must be used to
is an ‘‘economically significant Trade Adjustment Assistance for older establish that annualized wages from
regulatory action’’ within the meaning workers (ATAA), including the reemployment will not exceed $50,000.
of Executive Order 12866. Because this procedures for applying for individual Annualized wages from reemployment
proposed rule is not an economically eligibility determinations. ATAA also must be less than the worker’s
significant rule under Executive Order certification is determined at the same annualized wages at separation from
12866, the Department certifies that it time as TAA certification, both of which adversely affected employment, as
also is not a major rule under SBREFA. are governed by subpart B of this Part. computed under § 618.910(a)(2)(i);
Workers who are covered under an (5) Criterion 5: The worker is
Catalogue of Federal Domestic ATAA certification must meet the employed on a full-time basis as defined
Assistance Number individual eligibility criteria for ATAA by State law in the State in which the
This program is listed in the Catalogue of in order to opt to receive a wage worker is employed. The worker must be
Federal Domestic Assistance at No. 17.245. supplement. However, a worker for employed, and must continue being
whom a nonrefundable expense is employed (although the worker need
List of Subjects in 20 CFR Part 618
incurred for training approved under not continue to be employed in the
Administrative practice and § 618.605(c) loses the option to receive same job(s) or for the same employer(s)),
procedure, Employment, Fraud, Grant ATAA, whether or not TAA funds pay on a full-time basis as defined by State
programs—labor, Manpower training for the expense. Under § 618.915 a law (as defined in § 618.110(b)(70)) in
programs, Relocation assistance, worker who receives an ATAA wage the State in which the worker is
Reporting and recordkeeping supplement may not receive TAA employed.
requirements, Trade adjustment benefits and services, but may still be (i) Employment on a full-time basis
assistance, Vocational education. eligible to receive the HCTC. may include a single, full-time job or
Signed at Washington, DC, on October 12, (b) The purpose of ATAA is to any combination of part-time work that
2006. provide workers 50 years of age or older meets or exceeds full-time employment,
Emily Stover DeRocco, with the option to receive a temporary as defined under State law in the State
Assistant Secretary, Employment and wage supplement upon prompt in which the worker is employed. If the
Training Administration. reemployment at lower pay than their worker is employed in more than one
previous adversely affected State, then the law of the State in which
For the reasons stated in the
employment, as an alternative to the worker has the highest weekly
preamble, the Department of Labor
training and other TAA benefits. earnings applies. If the worker’s weekly
proposes to amend 20 CFR part 618 as
earnings in that State are reduced, the
proposed in a Notice of Proposed § 618.905 Individual eligibility criteria, law of that State continues to apply.
Rulemaking entitled Trade Adjustment applications, and determinations. Such employment need not be covered
Assistance for Workers, Workforce (a) Criteria for individual eligibility. employment under State UI law, but
Investment Act; Amendment of An individual worker must satisfy each must be employment which does not
Regulations, published at 71 FR 50760– of the following requirements to qualify present any unusual risk to the health,
50832 (August 25, 2006) which is for ATAA: safety, or morals of the individual and
proposed to be further amended as (1) Criterion 1: The worker is covered must not involve activity that is
follows: by a certification. The worker must be unlawful under Federal, State, or local
PART 618—TRADE ADJUSTMENT an adversely affected worker, as defined law.
ASSISTANCE UNDER THE TRADE ACT in § 618.110(b)(3), in the group of (ii) Notwithstanding State law, a
OF 1974 FOR WORKERS CERTIFIED workers certified as eligible to apply for worker must be considered employed
UNDER PETITIONS FILED BEFORE TAA and ATAA; full-time for any week in which the
(2) Criterion 2: The worker obtains worker worked less than full-time as
NOVEMBER 4, 2002
reemployment not more than 26 weeks defined in State law, only because the
1. The authority citation for this part after the date of separation from the worker was on employer-authorized
continues to read as follows: adversely affected employment. The leave.
Authority: 19 U.S.C. 2320; Secretary’s worker’s first day of employment must (iii) Such employment may not be
Order No. 3–81, 46 FR 31117. occur before the last day of the 26th TAA- or WIA-sponsored on-the-job
week after the date of the worker’s most training (OJT);
2. 20 CFR part 618 is amended to add (6) Criterion 6: The worker does not
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recent total separation, as defined in


subpart I to read as follows: return to the employment from which
§ 618.110(b)(76), within the ATAA
Subpart I—Alternative Trade certification period; the worker was separated. The worker’s
Adjustment Assistance for Older (3) Criterion 3: The worker is at least reemployment must not be the same
Workers 50 years of age. The worker must be at employment as the adversely affected
least 50 years of age at the time of employment from which the worker was
Sec. reemployment; separated. An adversely affected worker

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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules 61625

returns to adversely affected (3) A worker who is denied individual worker during the latest full week of
employment if reemployed: eligibility based on a first reemployment reemployment, and the cooperating
(i) by the same firm at the same may file a new application and State agency must follow § 618.910(a)(6)
facility from which the adversely subsequently obtain ATAA eligibility if in recalculating the wage supplement
affected worker was separated, the worker meets all of the criteria of payments. The computation of
regardless of whether the worker is paragraph (a) of this section at the time annualized wages from reemployment
returning to the same job or producing the worker files the new application. excludes overtime, employer-paid
the same article as identified in the TAA (4) A wage supplement may be health insurance premiums, and
determination; or approved retroactively in the case of a employer pension contributions, as well
(ii) by a different firm but at the same worker who is covered by an ATAA as bonuses, severance payments,
facility from which the adversely certification but is reemployed before buyouts and similar payments not
affected worker was separated, and such certification actually is issued, and reflective of the worker’s weekly pay. If
producing the same article identified in otherwise meets the eligibility a worker’s annualized wages from
the TAA determination, regardless of requirements of this section. reemployment exceed $50,000, then the
whether the worker is returning to the (e) Recordkeeping requirements. The worker is ineligible for any ATAA
same job; or recordkeeping and disclosure of benefit under this subpart I.
(iii) by the same firm but at a different information requirements of § 618.865 (3) Timing of wage supplement
facility in the same job and producing apply to the cooperating State agencies’ payments. The cooperating State agency
the same article identified in the TAA administration of the ATAA program. must make wage supplement payments
determination. on a regular basis, either weekly,
(b) Filing an individual application § 618.910 Benefits. biweekly, or monthly, for no more than
for ATAA. To receive ATAA, an (a) Wage supplement. An eligible a two-year period for a worker under
adversely affected worker must file an worker under an ATAA certification any one certification, beginning no
application for ATAA with the may receive a total wage supplement of earlier than the first day of
cooperating State agency within two up to $10,000 over a period of not more reemployment that satisfies the
years from the first day of the worker’s than two years. requirements of § 618.905. A worker
reemployment. The cooperating State (1) Computation of total worker may receive retroactive payments, in a
agency, at its discretion, may require the payment and Annualized Wage lump sum, for which the worker was
worker to file the application in person. Differential. The ATAA wage eligible under § 618.905(a) and
(c) The limitation in paragraph (b) of supplement supplements an approved under § 618.905(d)(4).
this section does not apply where a individual’s wages for up to two (4) Calculation of wage supplement
negative determination on a petition calendar years beginning with the first payments. Each wage supplement
filed under subpart B of this part 618 day of initial reemployment or $10,000, payment will be equal to the
has been appealed to the United States whichever occurs first, by an amount Annualized Wage Differential divided
Court of International Trade; and the equal to the annualized wage by the number of payments made during
certification is later granted; and the differential. The Annualized Wage the year, e.g., divided by 12 in a State
delay in the certification is not Differential is an amount equal to 50 that pays on a monthly basis and
attributable to the petitioner or the percent of the result of— divided by 52 in a State that pays on a
adversely affected worker. In that event, (i) The amount of the worker’s weekly basis.
the filing period for ATAA will be annualized wages at separation, as (5) Periodic verification of
extended by the Department of Labor, computed under paragraph (a)(2)(i) of employment and annualized wages. No
on a case-by-case basis, for a reasonable this section, minus less than once a month, the cooperating
period in which workers may file for (ii) The amount of the worker’s State agency must review whether a
ATAA. The 26 week deadline for annualized wages from reemployment, worker receiving wage supplement
reemployment described in as computed under paragraph (a)(2)(ii) payments continues to meet the
§ 618.905(a)(2) remains and is not of this section. eligibility requirements of § 618.905,
changed by this provision. (2) Computation of annualized wages. and determine whether changes have
(d) Determinations, redeterminations, (i) Annualized wages at separation occurred in the worker’s annualized
and appeals. Cooperating State agencies means the product of 52 multiplied by wages from reemployment, as described
must apply the requirements of the amount of wages received by the in paragraph (a)(2)(ii) of this section.
§ 618.825 (determinations and notice) worker during the last full week of the (6) Change in annualized wages from
and § 618.835 (appeals and hearings) of worker’s regular schedule in adversely reemployment. The cooperating State
subpart H, respectively, to all affected employment. The computation agency must recalculate the appropriate
determinations, redeterminations, and of wages at separation excludes amount of the wage supplement
appeals under this subpart I. overtime, employer-paid health payments if, during its review under
(1) Before issuing a determination or insurance premiums, and employer paragraph (a)(5) of this section, it
redetermination, the cooperating State pension contributions, as well as determines that the worker’s annualized
agency must verify and document the bonuses, severance payments, buyouts wages from reemployment have
worker’s age, reemployment, and wages and similar payments not reflective of changed.
in determining whether the the worker’s weekly pay. (i) If the worker’s annualized wages
requirements of paragraph (a) of this (ii) Annualized wages from from reemployment, as computed under
section have been met. reemployment means the product of 52 paragraph (a)(2)(ii) of this section,
(2) A determination of eligibility multiplied by the amount of wages exceed either $50,000 or the worker’s
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issued to a worker must include a notice received by the worker during the first annualized wages at separation, as
that the benefit amount will be regularly full week of reemployment. If a worker’s computed under paragraph (a)(2)(i) of
recalculated (as required by wages from reemployment change, then this section, then the cooperating State
§ 618.910(a)(6)) and may change if the annualized wages from reemployment agency must immediately issue a
eligible worker’s annualized wages in means the product of 52 multiplied by determination that the worker is
reemployment vary. the amount of wages received by the ineligible for further wage supplement

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61626 Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / Proposed Rules

payments, notify the worker of this for ATAA to the cooperating State § 618.915 Choice of TAA or ATAA wage
determination, and cease such wage agency. If the new reemployment meets supplement.
supplement payments. the requirements of § 618.905(a)(4), A worker for whom a nonrefundable
(ii) If the worker’s annualized wages (a)(5), and (a)(6), the worker may be expense is incurred—whether or not
from reemployment, as computed under eligible to receive the wage supplement TAA funds pay the expense—for
paragraph (a)(2)(ii) of this section, in accordance with the requirements of training approved under § 618.605(c)
change, but still do not exceed either this section for the remaining portion of loses the option to receive ATAA and
$50,000 or the worker’s annualized the two-year eligibility period. may not receive a wage supplement
wages at separation, as computed under under an accompanying ATAA
paragraph (a)(2)(i) of this section, then (iii) A worker already receiving wage certification. A worker who has received
the cooperating State agency must supplement payments whose TRA, a job search allowance, or a
recalculate the amount of each wage recalculated annualized wages from relocation allowance may still choose to
supplement payment. reemployment, under 618.910(a)(2)(ii), receive ATAA benefits. However, a
(7) Overpayments. If a cooperating exceed $50,000, may not receive any worker who receives a wage supplement
State agency has verified continued further wage supplement payments or payment under an ATAA certification
eligibility monthly, as required by any TAA benefit (see § 618.915 (choice makes an irrevocable election to receive
paragraph (a)(5) of this section, of TAA or ATAA wage supplement)). ATAA benefits and may not receive any
payments made before a worker’s However, if another change reduces the concurrent or subsequent TAA benefits,
annualized wages from reemployment worker’s annualized wages from except for the HCTC, as provided in
are determined, under the computation reemployment to $50,000 or less and the § 618.910(b), under the TAA
in paragraph (a)(2)(ii) of this section, to worker meets the requirements of certification that accompanies that
have changed will, in the absence of § 618.905(a)(4), (a)(5), and (a)(6), the ATAA certification.
fraud, be considered valid payments to
worker may reapply to the CSA and
which the individual was entitled and § 618.920 Termination of ATAA Program.
resume receiving ATAA for the
are not overpayments subject to A worker may not receive a wage
§ 618.840. remaining portion of the two-year
eligibility period. supplement under § 618.910(a) after the
(8) Continuing eligibility for wage termination date of the ATAA program
supplement. (i) Changing jobs during (b) Health Coverage Tax Credit. A specified in the Act or other law, unless
reemployment does not disqualify an worker who receives an ATAA wage the worker received a determination
otherwise eligible worker from receiving supplement payment is an eligible approving an initial application for
subsequent wage supplement payments ATAA recipient as defined in ATAA on or before such termination
under this subpart I for the remainder of 618.110(b)(33) and may, if determined date. A worker who has received
the two-year eligibility period if the new eligible by the Internal Revenue Service, approval of a wage supplement under
reemployment meets the requirements receive the HCTC for any month in the ATAA program on or before the
of § 618.905(a)(4), (a)(5), and (a)(6). which the worker receives an ATAA termination date specified in the Act
(ii) A worker already receiving wage will, if otherwise eligible, continue to
payment and for one month following
supplement payments who has a period receive payments throughout the
of unemployment will not be eligible to the last month of ATAA payment
eligibility. A cooperating State agency worker’s eligibility period, in
receive the wage supplement for that
must meet the responsibilities explained accordance with § 618.910(a) of this
period nor any TAA benefit (see
in § 618.770(b) (Health Coverage Tax subpart I.
§ 618.915 (choice of TAA or ATAA
wage supplement)). Upon Credit). [FR Doc. 06–8752 Filed 10–17–06; 8:45 am]
reemployment, the worker must reapply BILLING CODE 4510–30–P
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