Submitting state unemployment law materials on Form MA 8-7

UIPL27-07acc.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2007/UIPL27-07acc.pdf)

                                                               CLASSIFICATION
  Employment and Training Administration                       UI Legislation and Federal Programs
             Advisory System                                   CORRESPONDENCE SYMBOL
        U.S. Department of Labor                               DL/UIOPS
         Washington, D.C. 20210                                DATE
                                                               August 10, 2007


ADVISORY:                  UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 27-07

TO:                        STATE WORKFORCE AGENCIES

FROM:                      EMILY STOVER DeROCCO /s/
                           Assistant Secretary

SUBJECT:                   Required Submission of Unemployment Compensation Materials Using
                           Form MA 8-7.


1. Purpose. To inform the states of the revised requirements for submitting unemployment
   compensation (UC) legislative and other materials using the Form MA 8-7.

2. References. Section 303(a)(6) of the Social Security Act (SSA); the Federal Unemployment
   Tax Act (FUTA); 20 CFR 601.3 as revised by 71 Federal Register 35511 (June 21, 2006);
   20 CFR 609.1(d)(1), 614.1(d)(1), and 617.52(c)(1).

3. Background. The Form MA 8-7 has been used by states for many years to submit certain
   UC materials to the U.S. Department of Labor. The requirements pertaining to the MA 8-7
   were previously found in Part I, Section 1215, of the Employment Security Manual, which is
   rescinded and replaced by this UIPL. OMB has approved the use of the MA 8-7 form
   through 06/30/2010.

   The new reporting requirements are significantly reduced and are now aimed primarily at
   ensuring states provide materials necessary for assuring Federal law requirements are being
   met. States will no longer be required to submit such materials as research reports, training
   materials, or agreements between the state UC agency and other agencies, although the
   Department reserves the right to obtain these materials upon request. Also, the new
   requirements provide that, in certain limited cases, information that is otherwise readily
   available to the Department need not be submitted.



 RESCISSIONS                                                       EXPIRATION DATE
 Employment Security Manual, Part I, Section 1215; UIPL 7-97       None

4. Authority. Section 303(a)(6), SSA, requires, as a condition of receiving administrative
   grants, that state law contains provision for the “making of such reports, in such form and
   containing such information, as the Secretary of Labor may from time to time require, and
   compliance with such provisions as the Secretary of Labor may from time to time find
   necessary to ensure the correctness and verification of such reports.” Departmental
   regulations at 20 CFR 601.3 in part implement this requirement by requiring the submission
   of “all relevant state materials, such as statutes, executive and administrative orders, legal
   opinions, rules, regulations, interpretations, court opinions, etc. . . .” Also, the regulations
   for the UC for Federal Civilian Employees (UCFE) program at 20 CFR 609.1(d)(1) and for
   the UC for Ex-Service Members (UCX) program at 20 CFR 614.1(d)(1) require submission
   of certain documents to assure that states are properly administering these programs. The
   Trade Adjustment Assistance (which includes Trade Readjustment Allowances) program
   (TAA/TRA) regulations provide similar requirements at 20 CFR 617.52(c)(1).

   The MA 8-7 is the mechanism for implementing these submittal requirements, the purpose of
   which is to provide the Secretary with sufficient information to determine whether (a)
   employers in a state qualify for tax credits under the FUTA; (b) the state meets the
   requirements for obtaining administrative grants under Title III, SSA; and (c) the state is
   fulfilling its obligations under Federal UC programs.

   Note: Disaster Unemployment Assistance (DUA) appeals material should not be submitted
   using the MA 8-7. The state agencies are to submit a copy of any appeal decision issued to
   the appropriate Regional Administrator (RA). The RA will then submit these appeal
   decisions as appropriate to the National Office. See 20 CFR 625.10(b)(2).

5. Action Required. State administrators should distribute this advisory to appropriate staff,
   including appellate staff (to assure submission of appeals decisions as required) and attorney
   general staff (if these staff are responsible for submitting required court cases).

6. Inquiries. Please direct inquiries to the appropriate Regional Office.

7. Attachments.

I. Form MA 8-7
II. Instructions for Completing the Form MA 8-7

UIPL27-07a1.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2007/UIPL27-07a1.pdf)

       Transmittal for Unemployment                       US. Department of Labor
       Insurance Materials                                Employment and Training Administration


                                                                                                 OMB Approval No. 1205-0222
                                                                                                 Expires: 06/30/2010

    To: U.S. Department of Labor                                     From: (State)
        Employment and Training Administration
        Office of Workforce Security
        Room S-4231
        200 Constitution Ave., N.W.
       Washington, D.C. 20210


       Check Appropriate Box(es)



            [ ] Statutory Material - Proposed and Enacted Legislation
]
            [ ] Rules and Regulations - Proposed and Final

            [ ] Official Interpretations

            [ ] Decisions and Orders Issued by States Courts, including material related to Consent Orders

            [ ] Precedential Administrative Decisions

            [ ] Appellate Decisions in Federal UC Programs




    Comments:




    Signature of Designated Official                                 I Typed Name and Title                   I Date
                                                                     I                                        I
                                                                     I                                        I
                                                                     I                                        I
                                                                     I                                        I

       Persons are not required to respond to this collection of information unless it displays a currently valid OMB control number.
       Respondent’s obligation to reply to these reporting requirements are mandatory (20 CFR 6012 and 601.3). Public reporting
       burden for this collection of information is estimated to average one minute per response, including the time for reviewing
       instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing
       the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
       information, including suggestions for reducing this burden, to the U.S. Department of Labor, Office of Workforce Security,
       Room S4231, 200 Constitution Avenue, N.W. Washington, D.C. 20210 (Paperwork Reduction Project 1205-0222).



                                                                                                                                Form: MA 8-7

UIPL27-07a2.pdf (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2007/UIPL27-07a2.pdf)

                                                                                    Attachment II

                       Instructions for Completing the Form MA 8-7

1. Material to be Submitted.

        a. Statutory Material – Proposed and Enacted Legislation. Amendments pertaining to
      the establishment and operation of the UC law and UC program are required to be
      submitted. For purposes of conformity, the state’s UC law includes statutes that affect the
      administration and the interpretation of the state’s UC law, even though the statute may
      not be part of the state’s UC code. For example, if an amendment made to a state law
      other than the UC code classifies a worker as an employee or independent contractor for
      UC purposes, the legislation is part of the state’s UC law and must be submitted for
      review.

      Submitting proposed legislation assists the Department in providing early assistance to the
      states in identifying and preventing issues. States should submit proposed legislation as
      soon as it becomes available and provide comment on the proposal’s chance for passage
      with a request for an expedited review and comment, if appropriate.

      Exception: Introduced and enacted state legislation are available to the Department
      through an automated legislative reporting service for all states except Puerto Rico and the
      Virgin Islands. States with information that is made available through this reporting
      service are not required to submit introduced and enacted legislation, although states are
      encouraged to advise the Department as soon as possible of bills likely to be enacted.
      Note this exception does not pertain to amendments to a bill after it has been introduced.
      These amendments must be submitted.

         b. Rules and Regulations – Proposed and Final. All proposed and final rules and
      regulations that implement or interpret the UC law or other laws affecting the UC program
      must be submitted. These rules and regulations may pertain to matters such as covered
      employment, employer records and required reports, contributions, benefit eligibility and
      interpretation, and claims filing and processing.

      As in the case of statutory amendments, submitting proposed rules for Departmental
      review assures any problems are identified and resolved early in the rulemaking process.

      Exception: As is the case with state legislation, proposed and final rules are generally
      available to the Department through an automated legislative reporting service for all
      states except Puerto Rico and the Virgin Islands. States with information that is made
      available through this reporting service are not required to submit proposed and final
      rules.

         c. Official Interpretations. All official interpretations of any provision of the UC law
     made by representatives of the state agency or other state agency must be submitted for
     review. These include administrative policy statements concerning the interpretation of any


provision of the UC law, which may include guidance to field staff, any letters giving
opinions on questions of general application of the provision of state laws or regulations to
third parties, as well as all opinions of the state Attorney General expressing the official
interpretation of any state UC statute, amendment or regulation.

    d. Decisions and Orders Issued by State Courts, including Material Related to Consent
Orders. All decisions and orders issued by state courts involving UC benefits and taxes
must be submitted for review to ensure that interpretation of state law does not conflict
with Federal law. Copies of the administrative decision reviewed are to be included in the
submission. All court cases should be submitted, even if the state determines these are not
precedent-setting.

States are also to submit proposed consent orders. As in the case of proposed laws and
regulations, reviewing these proposed orders allows the Department to identify and assist
in resolving any issues under Federal law.

Exception: States should not submit decisions or orders that are issued without an opinion
or analysis. These include cases where a court dismisses an appeal for a party’s failure to
pursue the case or affirms an administrative ruling without decision.

Federal court matters are not covered under this submittal requirement as they pertain to
Federal interpretations of Federal law. States should immediately advise the Department
when a matter involving Federal UC law, including the conformity provisions of FUTA
and the SSA, reaches Federal court so that the Department may determine whether Federal
participation in the case is desirable or necessary.

      e. Precedential Administrative Decisions. The decisions issued by the first and
second level appeals authorities that are considered precedent-setting must be submitted so
that the Department may ascertain whether the interpretation of state law is consistent with
Federal UC law.

     f. Appellate Decisions in Federal UC programs . Decisions pertaining to the UCFE,
UCX, and TAA/TRA programs that are based on an interpretation of the Federal laws or
regulations must be submitted; decisions based on state law need not be submitted. For
example, a state need not submit a decision applying a state law’s “able and available”
provisions pertaining to these programs.

It is expected that very few UCFE and UCX decisions will be submitted since most issues
that are adjudicated for UCFE/UCX benefits are based on the states’ UI laws, including
separation issues for UCFE; states do not adjudicate separations from military service for
UCX claims.


    When it is appropriate to submit a decision based on an interpretation of Federal laws or
    regulations, in all cases where second level decisions are submitted, include the lower
    authority decision that was reviewed.

    Note: Disaster Unemployment Assistance (DUA) appeals material should not be submitted
    using the MA 8-7. The state agencies are to submit a copy of any appeal decision issued to
    the appropriate Regional Administrator (RA). The RA will then submit these appeal
    decisions as appropriate to the National Office. See 20 CFR 625.10(b)(2).

    The Department reserves the right to obtain additional information, as needed, for these
    Federal UC programs.

2. Submission Requirements.

      a. Use of separate forms. To assure that information related to Federal UC programs
      (UCFE, UCX, and TAA/TRA) is properly routed, material relating to these programs
      should not be included with material relating to the administration of the state’s law.
      Otherwise, material may be bundled together.

      b. Fill out the Form MA 8-7 completely. Fill in the “From” section of the form, identify
      the type of material that is being submitted, and sign the form. If appropriate, briefly
      describe the material in the comments section of the form.

      c. Time frame for Submission. The MA 8-7 is not required to be submitted on a specific
      time frame. Instead, it is to be used only when the state has material to submit.
      However, states should submit material promptly to allow for Departmental review prior
      to the expiration of time frames for appeal or legislative action.

      d. Address. The address for submittal is preprinted on the MA 8-7 as follows:

              U.S. Department of Labor
              Employment and Training Administration
              Office of Workforce Security
              Room S-4231
              200 Constitution Avenue N.W.
              Washington, DC 20210