December 2009 extension of temporary unemployment benefits

UIPL4-10acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/UIPL4-10acc.pdf)

                                                          CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                 EUC08 / FAC / EB
                ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                        OUI/DUIO
               Washington, D.C. 20210                     DATE
                                                          December 23, 2009


ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 04-10

TO:           STATE WORKFORCE AGENCIES

FROM:         JANE OATES /s/
              Assistant Secretary

SUBJECT:      Extension of Temporary Provisions - Emergency Unemployment Compensation,
              2008, Federal Additional Compensation, and Extended Benefits

1. Purpose. To advise states of the extension of Emergency Unemployment Compensation, 2008
   (EUC08) and the Federal Additional Compensation (FAC) programs, and the extension of the
   temporary provisions for the Federal-State Extended Benefits (EB) program, and to make a
   correction to UIPL No.12-09, Change 1.
2. References. The Department of Defense Appropriations Act, 2010, Public Law (P.L.) No.
   111-118, enacted December 19, 2009; Unemployment Insurance Program Letter (UIPL)
   Nos. 23-08 and 23-08, Changes 1, 2, 3, 4, 5, and 6; and UIPL Nos. 07-09; 11-09; 12-09, and
   12-09, Change 1.
3. Summary of EUC08, FAC, and EB Extensions. P.L. No. 111-118 extends the phase-out
   period and expiration dates of EUC08 and FAC, and the temporary EB provisions.
   The changes to the phase-out periods and expiration dates outlined in PL 111-118 are as
   follows:
   a. EUC08 Program:
          •   The end of the period during which an individual may initially establish eligibility
              for the First Tier of EUC08 is extended to the week of unemployment ending on
              or before February 28, 2010.
          •   The end of the period during which an EUC08 account may be augmented is
              extended. Individuals must exhaust First, Second, or Third Tier EUC08 on or
              before February 28, 2010, to qualify for the next higher EUC08 tier.
          •   The expiration date of the EUC08 program (the end of the “phase-out” period) is
              extended. Under the new expiration date, no EUC08 First, Second, Third, or
              Fourth-Tier payments may be made for any week of unemployment beginning
              after July 31, 2010.




 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

    b. FAC Program.
            •   The period during which an individual may initially establish eligibility for FAC
                is extended to weeks of unemployment ending on or before February 28, 2010.
                (Prior to the P.L. No. 111-118 amendments, the program was limited to weeks
                ending before January 1, 2010.)
            •   The expiration date of the FAC program (the end of the “phase-out” period), is
                extended. FAC is not payable for any week beginning after August 31, 2010.
    c. EB Program - 100 Percent Federal Funding.
            •   The Federal government will pay 100 percent of the benefit costs of EB and
                sharable regular compensation for weeks of unemployment beginning after
                February 17, 2009, and before February 28, 2010.
            •   The phase out for individuals who have established EB eligibility is extended. If
                an individual has received EB with respect to one or more weeks of
                unemployment beginning after February 17, 2009, and before February 28, 2010,
                the state may continue to pay EB to the individual (if otherwise eligible) for
                weeks of unemployment ending before July 31, 2010.
            •   The phase out period for this provision is extended. If an individual received EB
                or sharable regular compensation with respect to one or more weeks of
                unemployment beginning after February 17, 2009, and before February 28, 2010,
                the Federal government will continue to pay 100 percent of these eligible EB
                benefit costs for weeks of unemployment ending before July 31, 2010.
    d.    EB Program – Sharing for First Week.
            •   The suspension of the prohibition on Federal sharing for the first week of EB if
                state law permits individuals to be compensated for the first week of regular state
                benefit eligibility at any time or under any circumstances is extended through
                weeks of unemployment ending on or before July 31, 2010.
    e.    Overall summary. The table below summarizes the changes (“week” means a full
          “week of unemployment” as defined under state law):
Program         Prior Phase Out           New Phase Out         Prior Ending         New Ending
                Beginning Date            Beginning Date        Payment Date        Payment Date
EUC08      Week ending on or            Week ending on or     First week           First week
           before December 31,          before February 28,   beginning after      beginning after
           2009                         2010                  May 31, 2010         July 31, 2010*
FAC        Week ending before           Week ending on or     First week           First week
           January 1, 2010              before February 28,   beginning after      beginning after
                                        2010                  June 30, 2010        August 31,
                                                                                   2010*
EB –       Week beginning before        Week beginning        First week           First week
100%       January 1, 2010              before February 28,   ending before        ending before
                                        2010                  June 1, 2010         July 31, 2010
EB –       No phase out                 No phase out          Week ending on       Week ending on
First                                                         or before May        or before July 31,
Week                                                          30, 2010             2010
      * Compensation is not payable after these dates
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4. Correction to UIPL No. 12-09, Change 1. The third sentence of the second paragraph of
   Attachment II to UIPL No. 12-09, Change 1, erroneously limits the phase-out for 100 percent
   Federal sharing by stating the phase-out applies to individuals who were paid EB for a week
   of unemployment “ending before” the date specified in statute. The words “ending before”
   are changed to “beginning before” to reflect the language of the Federal law. Q&A #7 in the
   original UIPL No. 12-09 correctly states and explains the law.
5. Interpretation. The information in this document is issued to the states and cooperating state
   agencies as guidance provided by the U.S. Department of Labor (Department) in its role as
   the principal in the EUC08 program. As agents of the Federal government, the states and
   cooperating state agencies may not deviate from this guidance without the prior approval of
   the Department. To the extent that the prior guidance (as outlined in #2, References above)
   is inconsistent with this UIPL, this UIPL supersedes that guidance.
6. Action Requested. Administrators are to provide this information and instructions to the
   appropriate staff.
7. Inquiries. Direct questions to the appropriate Regional Office.




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