April 2010 extension of temporary unemployment benefits

UIPL04-10c2acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL04-10c2acc.pdf)

                                                          CLASSIFICATION
                                                          EUC08 / FAC / EB
   EMPLOYMENT AND TRAINING ADMINISTRATION
                                                          CORRESPONDENCE SYMBOL
               ADVISORY SYSTEM                            OUI/DUIO
          U.S. DEPARTMENT OF LABOR                        DATE
             Washington, D.C. 20210                       April 16, 2010



ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 04-10, Change 2

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.
2. References. The Continuing Extension Act of 2010, House of Representatives (H.R.) 48511,
   enacted April 15, 2010, the Temporary Extension Act of 2010, Public Law (P.L.) No. 111-
   144; Section 2005 of Division B, Title II, the Assistance for Unemployed Workers and
   Struggling Families Act, P.L. No. 111-5; and Unemployment Insurance Program Letter
   (UIPL) Nos. 23-08 and 23-08, Changes 1, 2, 3, 4, 5, and 6; 07-09; 11-09; 12-09 and 12-09,
   Change 1; and 04-10 and 04-10, Change 1.
3. Summary of EUC08, FAC, and EB Extensions. H.R. 4851 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 H.R. 4851 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 weeks of unemployment ending on or
              before June 2, 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 June 2, 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 November 6, 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 June 2, 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 December 7, 2010.
    c. EB Program - 100 Percent Federal Funding and EB Eligibility Period.
             •    The Federal government will continue to pay 100 percent of the benefit costs of
                  EB and sharable regular compensation for weeks of unemployment beginning
                  before June 2, 2010.
             •    The phase out for states to receive 100 percent reimbursement for individuals who
                  have established EB eligibility is extended. If an individual received EB with
                  respect to one or more weeks of unemployment beginning after February 17,
                  2009, and before June 2, 2010, the Federal government will continue to pay 100
                  percent of these eligible EB benefit costs for weeks of unemployment ending
                  before November 6, 2010.
             •    The provision permitting certain individuals to qualify for EB following
                  exhaustion of EUC08 (even if there is no overlap between the individual’s benefit
                  year and the EB period) has also been extended. Thus, states may continue to
                  permit these individuals to qualify for EB after they have exhausted EUC08
                  during an EB period that began on or before the date the individual exhausted
                  EUC08, even if the individual’s benefit year ended. (See UIPL No. 12-09, Q&A
                  6.) This option remains available to states for weeks of unemployment beginning
                  after February 17, 2009 and before June 2, 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 November 6, 2010.
4. Program Continuation. Although the extension of the EUC08 and FAC programs and the
   extension of the temporary provisions relating to EB were not signed into law until April 15,
   2010, they are effective “as if included in [the UI amendments made by] the enactment of the
   Temporary Extension Act of 2010 (P.L. No. 111-144).” (Section 2(c) of H.R. 4851.) The
   Department interprets this to mean that implementation of the amendments is retroactive for
   both administrative and benefit costs. Therefore, there is no gap between the expiration of the
   provisions as described in UIPL No. 04-10, Change 1, and the extension of such provisions
   by the Temporary Extension Act of 2010 as described in this UIPL.
    Changes in the EUC and EB status for individual states are published weekly on the U.S.
    Department of Labor website at: http://oui.doleta.gov/unemploy/claims_arch.asp, and will be
    included in a weekly email transmitting the trigger notices. Note: Given that the
    amendments made by H.R. 4851 expire soon, those states that have linked the expiration of
    their EB Total Unemployment Rate (TUR) trigger to the termination of 100 percent Federal
1 The Public Law (P.L.) number for this act has not been assigned as of the date of issuance of this UIPL.




                                                         -2-

   sharing for EB will, absent another Federal extension, soon have their TUR triggers end and
   may cease to be in an EB period.
5. Interpretation. The information in this document is issued to the states and cooperating state
   agencies as guidance provided by the 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. Questions should be directed to the appropriate Regional Office.
8. Attachment. Key Dates for Temporary Federal UI Provisions Following Enactment of the
   Continuing Extension Act of 2010, H.R. 4851.




                                               -3-

UIPL04-10c2a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2010/UIPL04-10c2a1.pdf)

                                                                                                                  Attachment A to UIPL 04-10, Change 2


                               Key Dates for Temporary Federal UI Provisions Following Enactment of
                                               the Continuing Extension Act of 2010
                                                            H.R. 4851
                                                 Last Date Eligibility May Be Established for New
                                                                                                              Last Date Payable/Sharable Under Phase-Out
                                                                    Participants
                     Program
                                                                              Actual Week Ending
                                                   Statutory End Date                                       Statutory End Date            Actual Week Ending Date¹
                                                                                      Date¹
EUC08                                           June 2, 20102                May 29, 20103, 4          November 6, 2010  5
                                                                                                                                          November 6, 20106
FAC                                             June 2, 20102                May 29, 20104             December 7, 20105                  December 11, 20107
100% Federal sharing EB8                        June 2, 20109
                                                                             June 5, 201010            November 6, 201011                 October 30, 201012
                                                                Statutory End Date                                      Actual Week Ending Date
                st                                                2
Federal sharing 1 week EB – compensable         November 6, 2010                                       November 6, 201012
waiting week
1
  For states where week of unemployment ends on Saturday.
2
  Weeks of unemployment ending on or before this date.
3
  Last week of unemployment for which an individual may establish eligibility for EUC08. Individuals exhausting a tier of EUC08 on this
  date may have their accounts augmented with next higher tier.
4
  For New York, where week of unemployment ends on Sunday, actual week ending date is May 30, 2010.
5
  No compensation for weeks of unemployment beginning after this date.
6
  For New York, November 7, 2010.
7
  For New York, December 12, 2010.
8
  Also applies to provision permitting states to extend an individual’s EB eligibility period.
9
  Weeks of unemployment beginning before this date.
10
   For New York, June 6, 2010.
11
   Weeks of unemployment ending before this date.
12
   For New York, October 31, 2010.