Additional emergency unemployment benefits for displaced airline workers

Official letter (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2003/UIPL30-02_Ch2.html):

EMPLOYMENT AND TRAINING ADMINISTRATION ADVISORY SYSTEM
U.S. Department of Labor
Washington, D.C. 20210
CLASSIFICATION: OWS
CORRESPONDENCE SYMBOL: DUIO
DATE: April 25, 2003

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-02, Change 2
TO: STATE WORKFORCE AGENCIES
FROM: CHERYL ATKINSON /s/, Administrator, Office of Workforce Security
SUBJECT: Temporary Extended Unemployment Compensation (TEUC) Act of 2002 - Additional TEUC for Displaced Airline and Related Workers
RESCISSIONS: None
EXPIRATION DATE: Continuing

1. Purpose. To provide State Workforce Agencies (SWAs) instructions for implementing the changes to the TEUC program related to displaced airline and related workers.

2. References. Title II of the Job Creation and Worker Assistance Act of 2002 (The Temporary Extended Unemployment Compensation Act of 2002), Public Law 107-147; Public Law 108-1; UIPL No. 30-02 dated July 5, 2002; UIPL No. 30-02, Change 1, dated January 9, 2003; Section 4002 of Public Law 108-11, signed by the President on April 16, 2003; Section 205 of the Federal-State Extended Unemployment Compensation Act of 1970, as amended; Section 233 of the Trade Act of 1974; 20 CFR Part 615; ET Handbook No. 401; ET Handbook No. 410.

3. Summary. Section 4002 of P.L. 108-11 creates special rules for determining TEUC eligibility for certain displaced airline and related workers, who were separated for one of the specified reasons from a qualifying base period employer on or after September 11, 2001. In brief, such workers will qualify for up to 39 weeks of basic TEUC (henceforth “TEUC-A”), plus up to 13 weeks of TEUC-X (henceforth “TEUC-AX”). TEUC-A is payable for weeks of unemployment beginning with the first week beginning after April 16, 2003, through the week ending no later than December 28, 2003. Individuals with TEUC-A or TEUC-AX balances remaining on December 28, 2003, can claim those balances during the transition period which ends with the last week that begins on or before December 26, 2004. TEUC-A claims cannot be augmented with TEUC-AX (that is, TEUC-AX entitlement cannot be established) during the transition period.

4. Summary of the New Provisions. For weeks of unemployment beginning after April 16, 2003, the new provisions (see Attachment A to this UIPL) do the following for displaced airline and related workers:

a. Prescribes that TEUC-A is payable and monetary determinations and redeterminations may be effective through the last week ending before December 29, 2003;

b. Prescribes a basic TEUC-A benefit amount that is the lesser of 150 percent of the maximum benefit amount (MBA) of regular benefits of the parent claim or 39 times the individual’s average weekly benefit amount (AWBA);

c. Provides a TEUC-AX augmentation of 1/3 of the basic TEUC-A MBA for “eligible individuals.”

d. Provides a transition period during which benefits may be paid to each eligible individual who has “an amount remaining” in his/her TEUC-A or AX account as of December 28, 2003. The transition period ends with the last week beginning on or before December 26, 2004.

5. Interpretation. SWAs are required to continue to follow the Department of Labor’s interpretation of the TEUC Act and the operating instructions previously published in UIPL No. 30-02, and UIPL No. 30-02, Change 1, to guide states in administering the TEUC program, except as changed by this advisory with respect to the determination of eligibility for “eligible individuals” as defined in Section 4002(a)(1) of Public Law 108-11.

These instructions are issued to the states and cooperating state agencies as guidance provided by the Department in its role as the principal in the TEUC program. As agents of the United States, the states and cooperating state agencies may not vary from the operating instructions without the prior approval of the Department. The interpretations and procedures issued in this document are in addition to those previously issued as UIPL No. 30-02, and UIPL No. 30-02, Change 1, and apply only with respect to the TEUC determination in accordance with the provisions of Public Law 108-11.

6. TEUC Agreements. TEUC, including TEUC-A, is administered through voluntary agreements between states and the Department of Labor. All states have agreements with the Secretary to administer the TEUC program under provisions of the TEUC Act. The existing agreements remain in effect, and no new agreements are necessary.

7. Notifications.

a. Identification and Notification of Potentially Eligible Claimants. Implementation of the requirements of Section 4002, Public Law 108-11, requires identification of each potentially “eligible individual,” including each interstate claimant. To satisfy this requirement, SWAs must send written notification to each individual who was laid-off from a base period employer on or after September 11, 2001. SWAs must send immediate written notification to each such individual who has exhausted all available TEUC benefits from the beginning of the TEUC program. (SWAs are not required to contact individuals whose separation was not due to a lay-off. As discussed in item 8.b. below, these individuals are not eligible for TEUC-A.) We provide the following draft notice:

Notice

Additional benefits are now available under the Temporary Emergency Unemployment Compensation program for unemployed airline and related workers.

If you are currently unemployed, you should contact us if you worked in an airline or related industry and you believe that you lost your job with a base period employer, at least partially, as a result of terrorist actions of September 11, 2001, as a result of security responses to these attacks or the closing of an airport, or as a result of the military conflict in Iraq.

Airline and related industries are: air carriers, businesses operating at an airport, businesses that perform additional, value-added production processes for air carriers or businesses providing products, supplies and services that are received or utilized by an airline.

To distribute the workload associated with making TEUC-A nonmonetary determinations and resulting monetary redeterminations, SWAs should consider staggering notifications to such individuals who are in current TEUC or TEUC-X benefit status, allowing sufficient time to determine whether or not the claimant is an ‘eligible individual” for TEUC-A purposes prior to exhaustion. The notification of claimants that are currently in regular, additional, or extended benefit (EB) status (under the permanent EB program) can be accomplished as a notice included with a TEUC monetary determination.

b. Notification of Media. To assure public knowledge of this special extension of the TEUC program for airline and related workers, the SWA must notify appropriate news media having coverage throughout the state and provide appropriate information on its website.

8. Qualifying Base Period Employment. Establishing base period employment as “qualifying employment” for TEUC-A purposes is three-fold. First, the employment must have occurred “in whole or in part” during the base period of the “applicable benefit year” for the TEUC-A claim. Second, the employment must be with the type of employer(s) or at the location specified below. Third, the separation from such employment, which may have occurred during the base period or later, must be “in whole or in part” due to a qualifying reason specified in ‘b’ below.

a. Qualifying Employment. To satisfy the requirement for “qualifying employment,” some base period employment must be with the type of employer(s) or at the location specified as follows:

(1) Air Carriers. Air carriers for purposes of TEUC-A are limited to those that hold a certificate issued under chapter 411 of title 49, United States Code, by the Federal Aviation Administration of the U. S. Department of Transportation. Certificates issued under this chapter include those issued for charter air carriers and all-cargo air carriers. Attachment C provides a listing of all such carriers.

(2) At a facility at an airport. A “facility at an airport” includes any employer that is physically located on the grounds of an airport such as:

§ Retail food facilities such as restaurants, bars, fast-food shops, and popcorn stands.

§ Other retail facilities such as gift shops, newsstands, clothing stores, and kiosks.

§ Hotels located on the airport grounds.

§ Aircraft maintenance and service facilities.

§ Parking facilities.

§ Car rental facilities.

§ Any other business physically located on the airport grounds, regardless of its business activities.

A “facility at an airport” also includes any airline related business which, although offsite, provides functions that are integrally related to the operation of the airport. These include airport parking on privately owned land, car rental services, or aircraft maintenance and service facilities. Employment with the same employer at a facility that does not meet this definition of “facility at an airport” is not “qualifying employment” for purposes of TEUC-A.

(3) Supplier for an Air Carrier. A “supplier” is an employer that produces component parts for, or articles and contract services considered to be a part of the production process or services for, an air carrier or for another supplier or upstream producer whose supplies, products or services are received or utilized by an air carrier and used for airline industry purposes.

Example 1: A catering service that supplies an air carrier with food purchased from another firm is a supplier. The firm from which the food is purchased is also a supplier because it is supplying products to a supplier that are received by an air carrier.

Example 2: An employer manufactures commercial aircraft for air carriers and private aircraft for individuals and non-airline corporations. As a result of the terrorist action, the employer suffers a loss of business in its private aircraft business. It loses no sales to air carriers. The employer separates some workers, including those who manufactured commercial aircraft, because of the lost revenues. Even though the employer supplies air carriers and even though workers who worked on those supplies were separated, the separated workers are not eligible for TEUC-A because there is no loss in air carrier-related business.

Example 3: A janitorial company provides services for an aircraft manufacturer. It does not provide services to an air carrier. Due to a loss in air carrier business, the aircraft manufacturer no longer has a need for these janitorial services. As a result, the janitorial company separates several workers. Even though these workers were separated due to a loss of business by the aircraft manufacturer that could be traced back to the air carrier, they are not eligible for TEUC-A because they did not supply any item or service which was used or received by an air carrier. For eligibility, services must always extend to an air carrier.

Example 4: An accounting firm provides accounting services for a caterer to an air carrier. The air carrier goes out of business because of the terrorist action. The caterer closes because the air carrier was its sole customer. The caterer’s closing causes the accounting firm to separate one of its employees who provided services for the caterer. That individual does not have “qualifying employment" because the accounting firm is not a “supplier" within the meaning of the statute. The accounting firm’s service to the caterer did not extend to the air carrier.

(4) Upstream Producer for an Air Carrier. An “upstream producer” is an employer that “performs additional, value-added, production processes, including firms that perform final assembly, finishing, or packaging of articles, for another firm.”

We are not providing an example of an “upstream producer” because the definition of supplier appears to cover all entities eligible under the two definitions.

b. Qualifying Separations. To be in qualified employment the separation from base period employment must be due - in whole or in part - to one or more of the following reasons:

• Reductions in service by an air carrier as a result of the terrorist actions on September 11, 2001, or a security measure taken in response to such actions.

• A closure of an airport in the United States as a result of the terrorist actions on September 11, 2001, or a security measure taken in response to such actions.

• The military conflict with Iraq.

The separation from “qualifying employment” that establishes a claimant as an “eligible individual” may occur during the base period or lag period and does not have to be the most recent separation when the “applicable benefit year” was established.

A separation from lag period only employment with a qualified employer does not establish an individual as an “eligible individual.” Also, any separation from a qualified employer due to a voluntary quit or discharge for any reason is not a separation for a qualifying reason; the separation must be a “lack-of-work” separation due to one or more of the reasons stated above.

c. Determining Whether a Claimant has “Qualifying Employment” and is an “Eligible Individual”. To determine if a claimant is an “eligible individual” for TEUC-A purposes,

SWAs must determine if the claimant has “qualifying employment” during the base period of the “applicable benefit year” that was used in the monetary determination for regular benefits. In making this determination, SWAs will follow their usual fact-finding procedures. This will require the SWA to contact employers to determine if the employment was of the type, or performed at the location, specified above, and if the reason for separation was one of the reasons specified above. We have attached a sample form that SWAs may elect to use for this purpose. SWAs may use an altered design as long as the required information is solicited from the employer. Where, after reasonable efforts to obtain information from the employer, the SWA does not have sufficient information to make a determination, then SWAs should evaluate the claimant’s statement and follow standard procedures for issuing nonmonetary determinations. SWAs will be expected to preserve all documents relating to the determination for audit purposes.

In the case of larger employers, it may be evident that the employer is an air carrier (based on the attached listing), another type of easily identifiable large employer, or a facility located at an airport; it will not be necessary to verify the nature of the base period employment in such cases. As a result, when such an employer is identified, SWAs are encouraged, in lieu of sending a form for each claimant, to contact the employer as soon as possible to obtain a listing of all individuals laid-off, in whole or in part, due to the reasons described above.

If the SWA determines that the claimant is not an “eligible individual” for TEUC-A purposes, an appealable nonmonetary determination must be issued.

9. Calculating Entitlement to TEUC-A and TEUC-AX. Once an individual has been identified as an “eligible individual” qualifying for TEUC-A, the SWA will issue a monetary determination (or redetermination as the case may be) establishing TEUC-A eligibility. Any TEUC-A balance will be payable only for weeks of unemployment beginning after April 16, 2003.

a. TEUC-A Entitlement. TEUC-A entitlement will equal the lesser of 150 percent of the MBA of regular benefits payable to the individual during the benefit year or 39 times the individual’s AWBA payable during the benefit year for a week of total unemployment. If the state includes dependents’ allowances in the calculation of the weekly benefit amount (WBA) for regular benefits, the same rule applies to the calculation of TEUC benefits. If the state calculates dependents’ allowances separately from the WBA, the state will apply the same rule to the TEUC determination.

If an individual has already been paid TEUC or TEUC-X, the available TEUC-A balance will be reduced by the amount already paid in TEUC or TEUC-X benefits. Any TEUC-X previously paid is converted to TEUC-A and the TEUC-X determination is disregarded.

b. TEUC-AX Entitlement. The amount of TEUC-AX payable equals one-third of the TEUC-A entitlement. This means TEUC-AX is payable up to 13 times the WBA. Whether an individual qualifies for TEUC-AX will be determined by using the same criteria that apply to TEUC-X. Specifically, an individual must exhaust TEUC-A during an EB or TEUC-X period as authorized by the TEUC Act.

10. Transition Payments. TEUC-A and TEUC-AX continue to be payable to individuals with a balance in their TEUC account as of December 28, 2003, during the transition period which ends with the last week beginning on or before December 26, 2004.

11. Reporting TEUC-A and TEUC-AX Activity. TEUC-A and TEUC-AX activity is reportable under the existing TEUC reporting requirements for the ETA 207, ETA 218, ETA 227, ETA 539, ETA 2112, ETA 5130 and ETA 5159. Please note that form ETA 2112 has changed recently. Previously, TEUC payment totals had been reported on line 39. The totals are now reportable on line 41. For reporting purposes, no separation of TEUC-A and AX from other TEUC program activity is required, with the following exception: States are to report the total number of newly qualified TEUC-A claimants determined during the month in the comments section of the TEUC ETA 5159 report. This total should be the sum of new TEUC-A determinations for recent exhaustees (of regular, additional or extended benefits, as appropriate) plus the redeterminations of existing or previously exhausted TEUC/TEUC-X claims.

The separate financial status report (Standard Form 269) for administrative grants and costs associated with the TEUC program is to include costs associated with this extension related to displaced airline and related workers (TEUC-A and TEUC-AX).

12. Administrative Funding. The payment of TEUC-A and TEUC-AX will involve an increase in claims activity and one-time implementation costs.

a. Claims. The UI-3 report will compile workload data from the TEUC versions of the ETA 5159, ETA 207, and ETA 5130. In addition, SWAs should enter the number of monetary redeterminations in column (a) of line 12, and a minutes per unit value of 05.000 in column (b).

b. Implementation Supplemental Budget Requests (SBRs). SWAs may submit an SBR for reimbursement of TEUC-A implementation costs. SBRs should be limited to one-time costs for the items listed below that are attributable to implementation of TEUC-A:

(1) Forms and supplies (e.g., printed notices mailed

to exhaustees)

(2) Computer programming

(3) Training and travel

(4) Public notices on television, radio, or in the

newspapers

(5) Overhead related only to the above

Calculations for costs of SWA staff and contractors should be shown in accordance with the SBR instructions in ET Handbook No. 336. Costs for SWA staff should be included only if they are for overtime or if the positions were back-filled.

13. OMB Approval. The reporting instructions for the TEUC program have been approved by the Office of Management and Budget (OMB) under OMB Approval No. 1205-0433, expiration date December 31, 2004. However, OMB approval is being sought for approval of the burden hours associated with the request for employer information that is necessary for determining eligibility for TEUC-A. ETA will notify states upon OMB approval.

14. Action Required. Administrators are requested to provide this information and instructions to the appropriate staff.

15. Inquiries. Direct questions to the appropriate regional office.

16. Attachment A: Text of Section 4002, Public Law 108-11

Attachment B: Questions and Answers

Attachment C: List of Certified Air Carriers

Attachment D: Sample Employer Notice

Official Attachment A (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2003/UIPL30-02_Ch2_AttachA.html):

Attachment A to UIPL No. 30-02, Change 2

Text of Section 4002 of Public Law 108-11, Supplemental Appropriations Act to Support Department of Defense Operations in Iraq for Fiscal Year 2003 .

(a) DEFINITIONS.-For purposes of this section-

(1) the term “eligible individual” means an individual whose eligibility for temporary extended unemployment compensation under the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), is or would be based on the exhaustion of regular compensation under State law, entitlement to which was based in whole or in part on qualifying employment performed during such individual’s base period;

(2) the term “qualifying employment”, with respect to an eligible individual, means employment-

(A) with an air carrier, employment at a facility at an airport, or with an upstream producer or supplier for an air carrier; and

(B) as determined by the Secretary, separation from which was due, in whole or in part, to—

(i) reductions in service by an air carrier as a result of a terrorist action or security measure;

(ii) a closure of an airport in the United States as a result of a terrorist action or security measure; or

(iii) a military conflict with Iraq that has been authorized by Congress;

(3) the term “air carrier” means an air carrier that holds a certificate issued under chapter 411 of title 49, United States Code;

(4) the term “upstream producer” means a firm that performs additional, value-added, production processes, including firms that perform final assembly, finishing, or packaging of articles, for another firm;

(5) the term “supplier” means a firm that produces component parts for, or articles and contract services considered to be a part of the production process or services for, another firm;

(6) the term “Secretary” means the Secretary of Labor; and

(7) the term “terrorist action or security measure” means a terrorist attack on the United States on September 11, 2001, or a security measure taken in response to such attack.

(b) ADDITIONAL TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION FOR ELIGIBLE INDIVIDUAL- In the case of an eligible individual, the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall be applied as if it had been amended in accordance with subsection (c).

(c) MODIFICATIONS.-

(1) IN GENERAL.-For purposes of subsection (b), the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21), as amended by Public Law 108-1 (117 Stat. 3), shall be treated as if it had been amended as provided in this subsection.

(2) PROGRAM EXTENSION.-Deem section 208 of the Temporary Extended Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117 Stat. 3), to be amended to read as follows:

“SEC. 208. APPLICABILITY.

“(a) IN GENERAL.-Subject to subsection (b), an agreement entered into under this title shall apply to weeks of unemployment--

“(1) beginning after the date on which such agreement is entered into; and

“(2) ending before December 29, 2003.

“(b) TRANSITION FOR AMOUNT REMAINING IN ACCOUNT-

“(1) IN GENERAL.-Subject to paragraph (2), in the case of an individual who has amounts remaining in an account established under section 203 as of December 28, 2003, temporary extended unemployment compensation shall continue to be payable to such individual from such amounts for any week beginning after such date for which the individual meets the eligibility requirements of this title.

“(2) NO AUGMENTATION AFTER DECEMBER 28, 2003.-If the account of an individual is exhausted after December 28, 2003, then section 203(c) shall not apply and such account shall not be augmented under such section, regardless of whether such individual’s State is in an extended benefit period (as determined under paragraph (2) of such section).

“(3) LIMITATION.-No compensation shall be payable by reason of paragraph (1) for any week beginning after December 26, 2004.”.

(3) ADDITIONAL WEEKS OF BENEFITS- Deem section 203 of the Temporary Extended Unemployment Compensation Act of 2002, as amended by Public Law 108-1 (117 Stat. 3), to be amended—

(A) in subsection (b)(1)—

(i) in subparagraph (A), by striking “50” and inserting “150” and

(ii) by striking “13” and inserting “39”;

and

(B) in subsection (c)(1), by inserting “13 of” after “equal to”.

(4) EFFECTIVE DATE OF MODIFICATIONS DESCRIBED IN PARAGRAPH (3).-

(A) IN GENERAL.-The amendments described in paragraph (3)—

(i) shall be deemed to have taken effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002; but

(ii) shall be treated as applying only with respect to weeks of unemployment beginning on or after the date of enactment of this Act, subject to subparagraph (B).

(B) SPECIAL RULES.- In the case of an eligible individual for whom a temporary extended unemployment account was established before the date of enactment of this Act, the Temporary Extended Unemployment Compensation Act of 2002 (as amended by this section) shall be applied subject to the following:

(i) Any amounts deposited in the individual’s temporary extended unemployment compensation account by reason of section 203(c) of such Act (commonly known as “TEUC-X amounts”) before the date of enactment of this Act shall be treated as amounts deposited by reason of section 203(b) of such Act (commonly known as “TEUC amounts”), as deemed to have been amended by paragraph (3)(A).

(ii) For purposes of determining whether the individual is eligible for any TEUC-X amounts under such Act, as deemed to be amended by this subsection—

(I) any determination made under section 203(c) of such Act before the application of the amendment described in paragraph (3)(B) shall be disregarded; and

(II) any such determination shall instead be made by applying section 203(c) of such Act, as deemed to be amended by paragraph (3)(B) as of the time that all amounts established in such account in accordance with section 203(b) of such Act (as deemed to be amended under this subsection, and including any amounts described in clause (i)) are in fact exhausted.

ETA correction (UIPL No. 30-02, Change 3, May 7, 2003): In Attachment A, section (3) ADDITIONAL WEEKS OF BENEFITS, paragraph (B), the printed “13 of” should read “1/3 of.” The correction appears at https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2003/UIPL30-02_Ch3.html.

Official Attachment B (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2003/UIPL30-02_Ch2_AttachB.html):

Attachment B to UIPL No. 30-02, Change 2

Questions and Answers

1. Administrative

a. Question: Are new agreements between the state and the Department of Labor necessary for this extension?

Answer: No. The existing agreement remains in effect.

b. Question : What is the first week payable under this extension for TEUC-A?

Answer: The first week payable is the first week which begins after April 16, 2003.

c. Question: What is an “air carrier” for purposes of TEUC-A?

Answer: A qualifying air carrier is “an air carrier that holds a certificate issued under chapter 411 of title 49, U.S.C.” That section provides that an air carrier may provide air transportation only if it holds a certificate issued under chapter 411. Certificates may be issued for charter air carriers and all-cargo air transportations. See Attachment C for a listing of all certified air carriers.

d. Question: How will states determine if the individual has “qualifying employment?”

Answer: Unlike other emergency extensions, including the basic TEUC program, for TEUC-A it will be necessary to verify whether at least one base period employer provided qualifying employment. We have prepared and attached a draft form that SWAs may elect to use in contacting employers (See Attachment D).

The employer’s failure to respond to the notice does not absolve the agency from the responsibility to pursue the necessary information to verify the qualifying employment. The claimant’s statement may be evaluated if the employer does not respond, but the state must meet the same standards required for any nonmonetary determination as stated in the Secretary of Labor’s ‘Standards for Claim Determinations’, Part V of the Employment Security Manual. This includes gathering evidentiary facts rather than conclusions, giving the claimant a reasonable opportunity to provide information when requested to do so, and obtaining the information promptly so that benefits will not be unduly delayed.

2. Claimants Potentially Eligible for TEUC Benefits Under this Extension

a. Question: What is the universe of claimants who are potentially eligible for TEUC-A under this extension?

An swer: All claimants that meet the definition of “eligible individual” as defined by Public Law 108-11 and otherwise meet the requirements for a TEUC benefit extension.

b. Question : Does the extended period for which TEUC-A is payable apply to all TEUC claims?

Answer: No. Only TEUC-A and TEUC-AX are payable during the extended period ending with the last week beginning on or before December 26, 2004.

c. Question: Does an individual who was separated from a certified air carrier prior to September 11, 2001, satisfy the definition of an “eligible individual”?

Answer: No. The definition of an “eligible individual” includes a requirement that the individual’s regular benefits for the “applicable benefit year” be partially or wholly based on “qualifying employment.” To be deemed “qualifying employment,” the separation from such employment must have occurred on or after September 11, 2001 because of: 1) reductions in service by an air carrier as a result of a terrorist attack on the United States on September 11, 2001, or security measure taken in response to such attack; 2) a closure of an airport in the United States as a result of such terrorist action or security measure; or 3) a military conflict with Iraq that has been authorized by Congress.

d. Question : Does an individual who satisfies the definition of “eligible individual” but who exhausted TEUC in June 2002 and is still unemployed potentially qualify for benefits under this extension?

Answer: Yes.

e. Question: Does an “eligible individual” with intervening employment since separation from “qualifying employment” who does not qualify for a new regular claim, based on the intervening employment, continue to meet the definition of an “eligible individual” for purposes of this extension?

Answer: Yes.

f. Question : Does an individual who is separated from an air carrier or from otherwise qualifying airline related employment but whose regular benefits were not based, in whole or in part, on such employment, meet the definition of an “eligible individual” for purposes of TEUC-A?

Answer: No. To meet the definition of an “eligible individual” for purposes of TEUC-A, the claimant’s regular benefits must have been based, in whole or in part, on “qualifying employment.” In the case described, there is no “qualifying employment” in the base period.

3. Applicable Benefit Year for Airline and related workers TEUC Extension Purposes

a. Question: Does an individual with a prior benefit year, where regular benefits were based on “qualifying employment,” who is eligible for regular benefits in a subsequent benefit year have the option to receive TEUC-A based on the first benefit year?

Answer: No. An individual with existing entitlement

to regular compensation is not an exhaustee for TEUC-A purposes.

4. Monetary Eligibility

a. Question: What is the maximum amount of TEUC-A benefits available to an “eligible individual?”

Answer: B asic TEUC-A entitlement for “eligible individuals” will be determined as the lesser of 150 percent of the MBA of regular benefits payable to the individual during the benefit year or 39 times the individual’s AWBA payable during the benefit year for a week of total unemployment. If the state includes dependents’ allowances in the calculation of the weekly benefit amount (WBA) for regular benefits, the same rule applies to the calculation of TEUC-A benefits. If the state calculates dependents’ allowances separate from the WBA, the state will apply the same rule to the determination for TEUC-A.

The TEUC-A account of an individual exhausting basic TEUC-A with payment for a week of unemployment beginning after April 16, 2003, and during an extended benefit (EB) period or TEUC-X period in the state, will be augmented by an amount equal to one-third (1/3) of the basic TEUC-A amount.

b. Question: When an “eligible individual” is in current claim status with an existing basic TEUC or TEUC-X balance what should the state do?

Answer: The SWA will issue a TEUC-A monetary redetermination to each “eligible individual” who has an existing TEUC balance, as of the effective date of TEUC-A, in an amount that is the lesser of 150 percent of the regular benefit MBA or 39 times the AWBA. All TEUC benefits, including TEUC-X, previously paid will reduce the available basic TEUC-A balance available. The available balance attributable to the redetermination is payable for weeks of unemployment beginning after April 16, 2003. Any TEUC-X previously paid becomes basic TEUC-A payments under the redetermination.

c. Question: When an “eligible individual” has exhausted basic TEUC prior to the effective date of this extension, what should the state do other than providing notification of the extension?

Answer: When this claimant files an additional or reopened claim, the SWA will issue a basic TEUC-A monetary redetermination in an amount that is the lesser of 150 percent of the regular benefit MBA or 39 times the AWBA. All TEUC benefits previously paid will reduce the available TEUC-A balance available. The basic TEUC-A balance available as a result of the redetermination is payable for weeks of unemployment beginning after April 16, 2003.

d. Question : When an “eligible individual” has exhausted TEUC-X prior to the effective date of this extension, what should the state do other than providing notification of the extension?

Answer: When this claimant files an additional or reopened claim, the SWA will issue a TEUC-A monetary redetermination in the amount of the lesser of 150 percent of the regular benefit MBA benefit amount or 39 times the AWBA effective for weeks of unemployment beginning after April 16, 2003. All basic TEUC and TEUC-X benefits previously paid will reduce the available TEUC-A balance available and are considered basic TEUC-A payments. The basic TEUC-A balance available as a result of the redetermination is payable for weeks of unemployment beginning after April 16, 2003.

e. Question : Can TEUC-AX augmentations continue to be made during the transition period?

Answer: No.

f. Question: Can a new TEUC-A monetary determination be issued effective for a week ending on or after December 29, 2003?

Answer: No.

Official Attachment C (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2003/UIPL30-02_Ch2_AttachC.html):

Attachment C to UIPL No. 30-02, Change 2

Certified Air Carriers

Official Attachment D (https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2003/UIPL30-02_Ch2_AttachD.html):

Attachment D to UIPL No. 30-02, Change 2

Request for Employer Information - (Sample)

Employer Name and Address:

Claimant Name:

Social Security Number:

The above-named claimant has filed a claim for Temporary Emergency Unemployment Compensation, which is available to displaced airline and related workers. To determine this individual’s eligibility, we need information from you concerning the nature of your business and the cause of the individual’s separation from employment with you during the following period: [insert base period]

SECTION I – TYPE OF EMPLOYMENT

Please answer “yes” or “no” to the following questions/statements and also complete Section II below:

1. If you are an Air Carrier with a certificate issued under Chapter 411 of Title 49 of the United States Code, check “yes” and proceed to Section II.

Yes __ No __

2. Does this company/business have facilities on-site at an airport or off-site nearby that are integrally connected to operations at the airport? Yes __ No __

If “yes” describe_________

______________

3. This company/business provides one of the following to an airline or to a supplier or upstream producer to an airline for the airline’s use:

a. Value-added production processes, including final assembly, finishing, or

packaging of articles. Yes __ No __

b. Component parts or other articles. Yes __ No __

c. Contract services. Yes __ No __

If you answered “yes” to any statement above, please name at least one airline or company that you provided the product or service to._____

If you name a company, please name at least one air carrier they supply.___

_______________

SECTION II – REASON FOR SEPARATION

1. Was the above-named individual laid-off because of a loss of business, in whole or in part, because of:

a. The reductions in airline service following the terrorist actions of September 11, 2001 or resulting security measures. Yes __ No __

b. The closure of an airport in the U.S. as a result of such terrorist action or security measures. Yes __ No __

c. The conflict with Iraq. Yes __ No __

Please provide any facts supporting your answers. Attach additional sheet if necessary. __________

Name:_____Title: _____Date:______