Reflectancia, transmitancia, absorbancia y extinción

What the law says: This federal program was created under the

Trade Act of 1974 and is found in federal law in Volume 19 of the

U.S. Code beginning at Section 2271 (19 USC 2271, et seq.). In

addition, federal regulations on this program are found in Volume 20 of the Code of Federal Regulations beginning at Part 617 (20 CFR 617), Volume 29 of the Code of Federal Regulations beginning at Part 91 (29 CFR 91), and 20 CFR 618.

TRA Certification

To qualify for TRA, you must have been laid off due to lack of work. A company, group of workers, union, Michigan Works! Agency or State agency staff, or other authorized representative, must apply to the federal government for certification of the impact of foreign trade on the business. The government must then decide whether imports or a shift in production was the major reason for the job cutbacks at a work place. If so, the government issues a "certifica- tion" of that fact and indicates the period during which total or partial separations will be covered by the certification.

Applying for TRA

A worker may apply for TRA at any time. However, if the com- pany is not certified, the application will be held pending the U.S. Department of Labor’s determination on the petition. The worker must be laid off for lack of work on or after the “impact date” of the certification and before its expiration or termination date. This is called the “certification” or “window” period.

In order to be timely, the worker must apply for TRA within a year of exhausting regular unemployment benefits (including extended benefits) or within one year of the petition certification, whichever is later.

Other Benefits Available Under the Trade Act

In addition to TRA weekly benefits, other benefits are available: training benefits, transportation allowances to get to training, sub- sistence allowances, job search allowances, relocation allowances, and a wage subsidy if the worker finds a new job paying less.

Qualifying for TRA

To qualify for TRA, a worker must have been laid off due to lack of work, and the layoff must have occurred after the "impact date" (that is, the effective date) of the certification, and before its expira- tion date. The worker must also have had enough qualifying em- ployment with the affected employer. The worker must have worked at least 26 weeks, with weekly wages of at least $30.00, during the 52 weeks ending with the last separation from the job affected by foreign trade. In some cases, up to 7 weeks of employer-authorized leave may be counted as part of the 26 qualifying weeks. Also, up to 26 weeks of disability benefits paid under a state or federal law can be used to qualify for TRA as well as 26 weeks of being a member of the reserve called up to active duty in the military.

TRA Training Requirement

To qualify for TRA, a worker must either be participating in or enrolled in training, or must have received a waiver of this train- ing requirement. "Enrolled" means the worker will begin training approved under the Trade Act within 30 days. Depending on the amendment under which the worker may apply for benefits, he or she must enroll within eight weeks after the petition certification date or within 16 weeks after the worker's last qualifying separation; or, the worker must enroll within 26 weeks of the petition certification date or last qualifying separation. The enrollment requirement may be waived for certain specific reasons. For a training program to be approved for a worker, it must usually be available in the area of the worker’s residence, although an expansion of this area is sometimes permitted; the program must be suitable for the worker and one from which the worker would benefit; the worker must show an aptitude for the training; it must be a reasonable cost; there must be a reasonable expectation that jobs will be available in the subject area of the training; and it must be shown there is no other suitable employment for the worker unless he or she receives the training.

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The information on this sheet is intended to provide a general understanding of the subject matter. It does not have the force or effect of law or regulation.

© 2014, State of Michigan, Unemployment Insurance Agency

Form UIA 1982-O Waiver of Training

During the first 26 weeks of TRA payments (known as “basic TRA”), the worker must be in a training program unless that require- ment is waived (set aside). The requirement that a worker must be in training in order to receive basic TRA may be waived for certain specific reasons. To receive any additional weeks of TRA, the worker must be receiving training and that requirement cannot be waived. The same is true for weeks of completion TRA, which is available under the 2011 amendments to the Trade Act.

Eligibility Period

A worker will only be eligible to receive TRA when he/she runs out of regular (and extended) unemployment benefits. Once he or she becomes entitled to TRA, the unemployed worker will have a period of 104 weeks in which to receive the basic TRA. Depending on the amendment under which a person may apply for benefits, the period to collect basic TRA might be extended to 130 weeks if train- ing includes remedial education or prerequisite classes. However, if the worker had a later qualifying separation for TRA, the 104- or 130-week period will be extended to run from that later layoff.

The eligibility period for additional TRA begins after the eligibility period for basic TRA has expired or after the worker has exhausted entitlement to basic TRA. However, the worker must be participating in training approved under the Trade Act. Depending on the amend- ment under which the worker may apply for benefits, this period might be for 52 consecutive weeks or the end of approved training, whichever occurs first. The eligibility period might be more than 52 weeks.

The eligibility period for completion TRA is 20 weeks.

Amount of Benefits Payable

The unemployed worker is entitled to 52 weeks of basic TRA at the same weekly benefit rate that applied to the regular benefits paid based on the benefit rate in effect when the worker was first laid off due to imports. However, any unemployment benefits paid when the worker became unemployed due to imports will be deducted from the total amount of TRA payable. For example, if a person was en- titled to 20 weeks of regular unemployment benefits and 10 weeks of Extended Benefits (EB), that person could receive 22 weeks of basic TRA.

Depending on the amendment under which the worker may apply for benefits, up to 52 weeks of additional TRA at the same weekly benefit rate might be payable if the worker is participating in training approved under the Trade Act. The amount of additional TRA might be 78 weeks that can be drawn within a 91-week eligibility period; or 65 weeks that can be drawn within a 78-week eligibility period.

Completion TRA is a maximum of 13 weeks, payable within a 20-week eligibility period.

Weekly Eligibility

All the filing requirements and eligibility requirements that apply to collecting regular unemployment benefits apply to TRA also. A worker who is not in approved training and who is claiming basic TRA must list 2 places each week where he or she sought employ- ment. The requirement that a worker must seek work cannot be waived under TRA, unless the individual is in training.

Examples: The federal government issued a certification on June 1, 2012, certifying that workers at ABC Company were laid off due to foreign imports. The impact date for the certification is April 1, 2011. The certification expires after two years from the date it is issued, on June 1, 2014. John Jones was laid off on September 25, 2011, which falls within the period mentioned in the certification.

When he became unemployed, he filed a claim with UIA for regular unemployment benefits and collected 26 weeks of benefits at $230.00 per week. He now applies for TRA for that period. From his total of 52 weeks of TRA, the 26 weeks of regular unemployment benefits Mr. Jones received will be subtracted, leaving him 26 weeks of basic TRA at $230.00 per week. The weekly TRA benefit amount would be the same as the weekly amount of unemployment benefits paid in the benefit period of the regular claim in effect at the time of the claimant’s first qualifying separation for TRA, or the first regular claim established afterwards, even if the worker later received regu- lar state unemployment benefits at a higher weekly amount.

Additional TRA, and possibly completion TRA, at the same weekly benefit amount, might be payable if the worker is participat- ing in training approved under the Trade Act.

For Further Help: The UIA Advocacy Program can provide

assistance to employers and/or unemployed workers in preparing for an Administrative Law Judge hearing. Call 1-800-638-3994, Item 2.

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The information on this sheet is intended to provide a general understanding of the subject matter. It does not have the force or effect of law or regulation.

© 2014, State of Michigan, Unemployment Insurance Agency

The Administrative