Additional family-reason option for 2009 unemployment modernization grants

UIPL14-09c3acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/UIPL14-09c3acc.pdf)

                                                           CLASSIFICATION
       Employment and Training Administration              UC Incentive Payments
                  Advisory System                          CORRESPONDENCE SYMBOL
             U.S. Department of Labor                      OUI/DL
              Washington, D.C. 20210                       DATE
                                                           November 30, 2009


ADVISORY:            UNEMPLOYMENT INSURANCE PROGRAM LETTER No. 14-09,
                     Change 3

TO:                  STATE WORKFORCE AGENCIES

FROM:                JANE OATES /s/
                     Assistant Secretary

SUBJECT:             Special Transfers for Unemployment Compensation Modernization and
                     Administration and Relief from Interest on Advances

1. Purpose. To advise states of an amendment relating to unemployment compensation (UC)
modernization incentive payments.

2. References. The Worker, Homeownership, and Business Assistance Act of 2009, Public Law
No. 111-92, enacted November 6, 2009; the Assistance for Unemployed Workers and Struggling
Families Act, Title II of Division B of Public Law No. 111-5, enacted February 17, 2009; the
Social Security Act (SSA); and Unemployment Insurance Program Letters (UIPLs) No. 14-09
and No. 14-09, Changes 1 and 2.

3. Background. UIPL No. 14-09 and UIPL No. 14-09, Change 1, provided guidance to states on
how to qualify for UC modernization incentive payments. Public Law No. 111-92 amended the
qualifying requirements for the two-thirds incentive payment pertaining to separations from
employment due to compelling family reasons. Specifically, it:

   •   Added an additional option for qualifying for incentive payments. This option pertains to
       individuals who separate from employment to escape sexual assault.

   •   Added an additional requirement for qualifying for incentive payments under the new
       sexual assault option, as well as under the existing domestic violence option. Any
       amendment to state law made in order to qualify under these two options “shall not
       supercede [sic] any other provision” that provided “broader access” to UC.
 RESCISSIONS                                             EXPIRATION DATE
 None                                                    Continuing

These amendments are effective for state applications submitted on and after January 1, 2010.

Attachment I, using a Question and Answer (Q&A) format, provides more information on these
amendments and their effect on the application procedure.

4. Office of Management and Budget (OMB) Paperwork Reduction Act. There are no forms
associated with OMB Control Number 1205-0470; however, this UIPL allows for an additional
category under which states may apply for UC modernization incentive payments. ETA was
granted OMB clearance on November 17, 2009, through the Paperwork Reduction Act process
for this control number to account for the additional category under which states may submit
applications.

5. Action. State administrators should distribute this advisory to appropriate staff.

6. Inquiries. Questions should be addressed to your Regional Office.

7. Attachments.

Attachment I – Questions and Answers
Attachment II – Text of Amendments to UC Modernization Incentive Payment Provisions made
by Public Law No. 111-92

UIPL14-09c3a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/UIPL14-09c3a1.pdf)

                                                                                  Attachment I

                                     Questions and Answers


IN GENERAL

CH 4-1. Question. How did the amendments made by Public Law No. 111-92 change the
provisions related to UC modernization incentive payments?

Answer: The amendments made two changes to the qualifying requirements for the two-thirds
incentive payment. Both relate to applications submitted under the provisions governing
separations for compelling family reasons.

   •   First, it provides an additional option for qualifying for the two-thirds incentive payment.
       Under prior law, if a state used the “compelling family reason” option to qualify, its law
       was required to provide that an individual will not be disqualified for separating from
       employment under specific circumstances relating to (1) domestic violence, (2) the
       illness or disability of a family member, and (3) the need for the individual to accompany
       his/her spouse to a place of new employment. (See UIPL No. 14-09, Attachment III,
       Q&A III-9.) The amendment adds an option allowing a state to qualify using a provision
       pertaining to sexual assault in lieu of, or in addition to, a provision pertaining to domestic
       violence.

   •   Second, it provides that, if a state selects either the domestic violence or the sexual
       assault provision (or both), any “resulting change in the State law shall not supercede
       [sic] any other provision of law relating to unemployment insurance to the extent that
       such other provision provides broader access to unemployment benefits for victims of
       such selected offense or offenses.”

NEW OPTION RELATED TO VICTIMS OF SEXUAL ASSAULT

CH 4-2. Question. What is the new option for victims of sexual assault?

Answer: To qualify using this new provision, the state law must provide that an individual will
not be disqualified for separating from employment due to sexual assault (verified by such
reasonable and confidential documentation as the state law may require) which causes the
individual reasonably to believe that the individual’s continued employment would jeopardize
the safety of the individual or of any member of the individual’s immediate family (as defined by
the U.S. Department of Labor (Department)). This option is available for applications submitted
on and after January 1, 2010. (See Q&A CH 4-8 below for more information on when an
application is deemed to be “submitted.”)

CH 4-3. Question. For purposes of the provision related to victims of sexual assault, what is
meant by “verified by such reasonable and confidential documentation as the state law may
require?”

Answer: This language has the same meaning as for the domestic violence provision. See Q&A
III-11 in Attachment III to UIPL No. 14-09.

CH 4-4. Question. For purposes of the provision related to victims of sexual assault, what is
meant by “immediate family member?”

Answer: This language has the same meaning as the language pertaining to domestic violence.
See Q&A III-12 in Attachment III to UIPL No. 14-09.

CH 4-5. Question. What is the definition of “sexual assault” for purposes of qualifying for an
incentive payment?

Answer: As was the case with the provision relating to victims of domestic violence, the
Department is not providing an explicit definition of “sexual assault.” States are to apply their
own provisions relating to sexual assault. Since UC laws generally do not address sexual
assault, it is recommended that states draft their laws to reference the provisions of the criminal
code pertaining to sexual assault.

CH 4-6. Question. May a state submit an application using the provisions relating to both
victims of domestic violence and victims of sexual assault?

Answer: Yes. The Department recommends that states write their UC laws to apply to victims
of both domestic violence and sexual assault. Both provisions have in common that they are
designed to not penalize individuals who leave their jobs or are otherwise separated due to a
reasonable belief that continued employment would jeopardize their safety, or the safety of
members of their immediate family. The Department encourages equitable treatment for
individuals who fear for their safety.

APPLICATIONS

CH 4-7. Question: Are there any changes to the application procedure?

Answer: Yes. If a state application is made under the compelling family reasons provisions for
either the domestic violence or sexual assault component, the state must:

    •   Indicate whether it amended, or otherwise reinterpreted, any provision of state UC law
        related to domestic violence or sexual assault in order to qualify for an incentive
        payment. For purposes of this application, the state’s UC law includes any regulations,
        policy guidance, state agency or attorney general legal opinions, and administrative
        procedures.


    •   If the state did amend or reinterpret its law, as described above, it must provide a
        certification that any such change did not result in any narrowing of access to UC for
        victims of domestic violence or sexual assault. The application must cite the changed
        provisions/procedures and provide a basis for the certification that the changes did not
        result in narrowing of access.

CH 4-8. Question: Is there any exception to this new requirement?

Answer: This new requirement applies to applications submitted on and after January 1, 2010.
This means that states that submit applications prior to that date are not required to provide the
information or certification discussed in the previous Q&A and also cannot qualify based on a
sexual assault provision.

For the purposes of applying the effective date of this new requirement, as set forth in Public
Law No. 111-92, Sec. 7(b), the date an application is “submitted” will be considered to be the
date the application is signed by the appropriate state official.

UIPL14-09c3a2.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2009/UIPL14-09c3a2.pdf)

                                                                         Attachment II


                    Text of Amendments to UC Modernization Incentive
                    Payment Provisions made by Public Law No. 111-92

SEC. 7. EXPANSION OF MODERNIZATION GRANTS FOR UNEMPLOYMENT
RESULTING FROM COMPELLING FAMILY REASON.
      (a) IN GENERAL.—Clause (i) of section 903(f)(3)(B) of the Social Security Act (42
      U.S.C. 1103(f)(3)(B)) is amended to read as follows:
              ‘‘(i) One or both of the following offenses as selected by the State, but in
              making such selection, the resulting change in the State law shall not supercede
              any other provision of law relating to unemployment insurance to the extent that
              such other provision provides broader access to unemployment benefits for
              victims of such selected offense or offenses:
                      ‘‘(I) Domestic violence, verified by such reasonable and confidential
                      documentation as the State law may require, which causes the individual
                      reasonably to believe that such individual’s continued employment would
                      jeopardize the safety of the individual or of any member of the
                      individual’s immediate family (as defined by the Secretary of Labor); and
                      ‘‘(II) Sexual assault, verified by such reasonable and confidential
                      documentation as the State law may require, which causes the individual
                      reasonably to believe that such individual’s continued employment would
                      jeopardize the safety of the individual or of any member of the
                      individual’s immediate family (as defined by the Secretary of Labor).’’.
      (b) EFFECTIVE DATE.—The amendment made by this section shall apply with respect
      to State applications submitted on and after January 1, 2010.