Unemployment claims from 2020 Census temporary workers

CLASSIFICATION
   EMPLOYMENT AND TRAINING ADMINISTRATION                Unemployment Insurance
               ADVISORY SYSTEM                           CORRESPONDENCE SYMBOL
          U.S. DEPARTMENT OF LABOR                       OUI/DUIO
             Washington, D.C. 20210                      DATE
                                                         November 30, 2020


ADVISORY:       UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 5-21

TO:             STATE WORKFORCE AGENCIES

FROM:           JOHN PALLASCH
                Assistant Secretary

SUBJECT:        2020 Decennial Census Separations

1. Purpose. To inform states that a large number of temporary Federal employees are expected
   to be separating from the U.S. Department of Commerce, Bureau of the Census, and
   Decennial Census due to the completion of the 2020 Census.

2. Action Requested. State Administrators should provide information contained in this
   Unemployment Insurance Program Letter (UIPL) to appropriate staff.

3. Summary and Background.

   a. Summary – This UIPL reminds states to use Federal Identification Code (FIC) 914 for
      workers whose last employment was temporarily working for the U.S. Department of
      Commerce, U.S. Census Bureau, and who worked in the Decennial Census division. For
      permanent Census employees filing for unemployment benefits, states should use FIC
      450.

   b. Background – Article I, Section 2, of the U.S. Constitution mandates that a count of the
      population of the United States, i.e., a census, be conducted every ten years. The data
      collected by the census determines the number of seats each state has in the United States
      House of Representatives. The decennial census is a large mobilization and operation
      and requires years of research, planning, and development of methods and infrastructure
      that ensures an accurate and complete count. To that end, the Census Bureau hired
      approximately 500,000 temporary workers across the United States to work the 2020
      Decennial Census. As the various field offices finish their census work, the Census
      Bureau will terminate employment of the temporary workers. Many of the temporary
      workers are expected to be separated from employment beginning July 2020, with
      staggered layoffs occurring throughout the rest of the year.

        Temporary services performed for the Census Bureau in connection with the decennial
        census constitute Federal service for purposes of the Unemployment Compensation for
        Federal Employees (UCFE) program. Each Federal agency has a FIC used for billing the
        Federal agency for UCFE benefits paid to eligible former Federal employees. Every ten

 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

       years the Department of Labor (Department) establishes a new FIC specifically for the
       Decennial Census division of the Census Bureau. The FIC for the 2020 Decennial
       Census is 914, which states must use when former employees of the Decennial Census
       file a claim for UCFE benefits.

       In addition to temporary Decennial Census employees, the Bureau of the Census also
       employs permanent Federal employees who work in other areas of the Bureau (FIC 450).
       It is possible that some permanent Census employees may also file a UCFE claim during
       the same period that Decennial Census employees file their UCFE claims. States must
       ensure those claims are billed under the correct FIC (450) for UCFE claims involving
       permanent Census employees.

       The Department meets regularly with the Census Bureau and Equifax, the Decennial
       Census’ third party administrator, to ensure separating Decennial Census Federal
       employees are made aware of their responsibilities when filing UCFE claims. The Census
       Bureau has been advised to issue a Standard Form 8 (SF-8), Notice to Federal Employee
       About Unemployment Insurance, to every separating Federal employee, at the time of
       separation. The SF-8 provides a state with the address, contact information for the
       Federal agency, and the correct FIC that states must use when processing a UCFE claim
       and billing a Federal agency for UCFE benefits paid.

       Furthermore, the Department has requested Equifax to notify states when a UCFE claim
       for the Decennial Census has been issued under an incorrect FIC. This coordination is
       intended to forestall the extra administrative steps involved when the error is not
       immediately uncovered, mitigate a repeat of previous instances when a state has
       submitted a request for wage and separation information to Equifax under one FIC, but
       the claimant actually worked for another FIC, and Equifax supplies the wage and
       separation information to the state under the incorrect FIC. As a result of the wage and
       separation data being reported with the incorrect FIC, the error is usually not identified
       until the Federal agency associated with the incorrect FIC receives the quarterly detailed
       benefit payment data from the state, which requires the Federal agency to dispute the
       erroneous charge, therefore, the state is required to issue a credit to the Federal agency
       and bill the correct FIC. This can be avoided by ensuring the correct FIC is used when
       the claim is initially filed.

4. State Actions. States must ensure the correct FIC is selected when UCFE claims are taken.
   States should conduct the following activities for all claims involving workers whose last
   employer was the Census Bureau (FIC 450 or FIC 914).

          Request claimants provide their SF-8, which will indicate the appropriate FIC and
           contact information for the separating Federal agency.
          Request the claimant provide the SF-50 (Notification of Personnel Action), which
           provides the name of the separating Federal employer and other information that will
           help the state establish the claim.

          Verify that the claimant worked for the Decennial Census (i.e., ask if the claimant
           was a temporary employee or if the claimant was a permanent Census employee who
           participated in the 2020 Census activities).
               o If the claimant worked for the Bureau of the Census as a permanent Federal
                   employees file the claim using FIC 450.
               o If the claimant worked for the Bureau of the Census as a temporary Decennial
                   Census employees, file the claim using FIC 914.

   In addition to the activities listed above, states should continue to follow the UCFE claims
   process outlined in ET Handbook No. 391, Unemployment Compensation for Federal
   Employees (UCFE) Instructions for State Agencies.

5. Inquiries. Please direct inquiries to the appropriate ETA Regional Office.

6. References.

          Chapter IV, Employment and Training Handbook No. 391, Unemployment
           Compensation for Federal Employees (UCFE) Instructions for State Agencies; and
          Chapters IV and V, UCFE Instructions for Federal Agencies,
           https://oui.doleta.gov/unemploy/pdf/UCFE.pdf.

7. Attachments. Not Applicable.