Back to Federal guidance
2014 UI benefit-year earnings integrity targets
Summary ETA gave states 2014 acceptable performance targets for the benefit-year earnings measure, which tracks unemployment overpayments associated with unreported work and earnings. The letter describes reporting for the calendar year and attaches state baseline rates and targets. ETA now lists the change as Canceled.
Document
Federal guidance
Agency
U.S. Department of Labor, Employment and Training Administration (ETA)
Document number
UIPL No. 34-11, Change 1
Date issued
May 28, 2014
Status
Withdrawn
ETA's advisory listing marks this change Canceled as of 2026-10-24; its PDF prints an expiration date of December 31, 2014.
Status last verified October 24, 2026
Is this still the rule?
This document has been withdrawn. Ezel checks what federal law requires today, under current federal labor law, and answers your situation with citations.
About this page: The full text below is the official document from U.S. Department of Labor, Employment and Training Administration (ETA). Ezel adds the plain-English summary and tracks the document's status. The official source linked on this page is authoritative for any reliance.
CLASSIFICATION
EMPLOYMENT AND TRAINING ADMINISTRATION UI
ADVISORY SYSTEM CORRESPONDENCE SYMBOL
U.S. DEPARTMENT OF LABOR OUI/DPM
Washington, D.C. 20210 DATE
May 28, 2014
ADVISORY: UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 34-11,
Change 1
TO: STATE WORKFORCE AGENCIES
FROM: PORTIA WU /s/
Assistant Secretary
SUBJECT: Benefit Year Earnings (BYE) Unemployment Insurance (UI) Integrity
Performance Measure
1. Purpose. To disseminate state Acceptable Level of Performance (ALP) targets for the BYE
UI integrity performance measure for the calendar year (CY) 2014 performance period and
provide information on this measure for future performance periods.
2. References.
• Unemployment Insurance Program Letter (UIPL) No. 17-11, Proposed Performance
Measure for Unemployment Insurance Integrity; and
• UIPL No. 34-11, Performance Measure for Unemployment Insurance Integrity.
3. Background. BYE overpayments are the leading cause of UI overpayments -- claimants
who return to work, fail to report earnings, and who continue to claim and collect benefits.
For the most recent reporting period -- July 1, 2012, to June 30, 2013 -- BYE overpayments
totaled over $1.5 billion, which represented 3.8 percent of total UI benefits paid and 34
percent of all overpayments.
In order to address the BYE overpayments, the U.S. Department of Labor (Department)
issued UIPL No. 17-11, Proposed Performance Measure for Unemployment Insurance
Integrity, to describe and solicit comments from states on a proposed UI Performs Core
Measure for UI Integrity. UIPL No. 17-11 proposed a measure defined as the percentage of
UI benefits overpaid due to BYE fraud. UIPL No. 17-11 also stated that the Department
would seek authority to collect data on the number of UI weeks overpaid due to BYE. The
Department proposed that, once this data collection was implemented, the performance
measure would be defined in terms of reducing BYE overpayments of five weeks or more.
The Department considered public comments on its proposed BYE performance measure and
finalized the measure in UIPL No. 34-11, Performance Measure for Unemployment
Insurance Integrity. The final measure includes both fraud and non-fraud BYE
RESCISSIONS EXPIRATION DATE
None December 31, 2014
overpayments, regardless of the number of weeks of benefits that were overpaid.
The BYE measure is calculated from the Benefit Accuracy Measurement (BAM) data
reported by states. Each state will use, as its baseline, its average BYE overpayment rate for
CYs 2010 – 2012. (During the previous performance period, each state used, as its baseline,
its average BYE overpayment rate for CYs 2008 – 2010.) Moving from that baseline, the
BYE performance measure requires each state to reduce its BYE overpayments by 25 percent
in the CY 2014 performance period. As UIPL 34-11 stated, “percentage reductions for
performance periods after CY 2013 will be adjusted to reflect ALPs that are cost effective for
state agencies to achieve.”
4. Reporting Guidance for CY 2014. State ALPs for the CY 2014 reporting period are
attached. These ALPs represent a 25 percent reduction from each state’s average BYE
overpayment rate for the CY 2010 to CY 2012 baseline period, which is the most recent
three-year period for which complete CY data are available from the BAM survey.
UIPL No. 34-11 defined the BYE overpayment rate as the ratio (expressed as a percentage) of
the estimated amount of UI benefits that were overpaid due to BYE issues to the total amount
of UI benefits paid. Both the numerator and the denominator are estimates, weighted by the
number of paid UI weeks in the BAM survey population.
Amount overpaid due to BYE
———————————————— X 100
Amount of UI benefits paid
The Department will evaluate state performance in CY 2014 by the same standard established
in UIPL No. 34-11. A state will meet the ALP if: 1) its BYE overpayment rate decreases
from its baseline rate during the performance period by the 25 percent state reduction target,
or 2) its BYE overpayment rate decreases from its baseline rate during the performance
period and its BYE overpayment rate is less than the national BYE overpayment rate
reduction target of 2.59 percent.
The Department has developed a software application to allow each state to calculate its BYE
overpayment rate using the results of the BAM survey according to the formula defined above.
This software application is available at http://oui.doleta.gov/unemploy/bye_overpay.asp.
Because the Department bases this measure on sample data, the software includes statistical
tests that take into account the sampling error of each state’s estimated BYE overpayment rate
to determine whether the state meets the ALP. States failing to meet the ALP for the CY 2014
performance period will develop a Corrective Action Plan as part of their Fiscal Year 2016
State Quality Service Plan.
5. Future Performance Measurement. The Department will continue to analyze performance
data for the BYE UI integrity measure and will evaluate other metrics. The Department will
report the results of its analysis and any proposed changes to the BYE UI integrity
performance measure in a Federal Register notice for public comment.
2
6. Action Requested. The Department requests that State Administrators provide the
information in this advisory to the appropriate staff.
7. Inquiries. Please direct all inquiries to the appropriate Employment and Training
Administration Regional Administrator.
8. Attachment. BYE UI Integrity Performance Measure State Baseline Rates and CY 2014
ALPs.
3
Attachment 1 (official PDF: https://www.dol.gov/sites/dolgov/files/ETA/advisories/UIPL/2014/UIPL_34-11_Attachment_Acc.pdf)
Attachment
Benefit Year Earnings UI Integrity Performance Measure
CY 2010 to CY 2012
BYE Baseline
UI Benefits CY 2010- CY 2014
ST Sample Paid CY 2012 ALP*
__ _______ ________________ ____________ _______
AK 1,451 $552,066,989 2.742% 2.057%
AL 1,455 $1,205,912,977 3.284% 2.463%
AR 1,440 $1,196,235,764 6.307% 4.730%
AZ 1,483 $1,733,276,269 5.516% 4.137%
CA 2,755 $22,941,683,679 2.485% 1.864%
CO 1,446 $2,186,311,955 3.156% 2.367%
CT 1,442 $2,712,288,308 2.000% 1.500%
DC 1,094 $513,328,661 6.205% 4.653%
DE 1,080 $401,994,519 4.261% 3.196%
FL 1,449 $5,222,703,217 2.366% 1.775%
GA 1,229 $2,410,509,682 1.918% 1.438%
HI 1,086 $881,271,241 1.179% .884%
IA 1,440 $1,511,558,468 3.159% 2.369%
ID 1,468 $693,800,444 3.100% 2.325%
IL 1,418 $7,809,946,681 4.432% 3.324%
IN 1,448 $2,684,852,525 5.205% 3.904%
KS 1,470 $1,361,749,201 2.675% 2.006%
KY 1,463 $1,712,879,403 2.555% 1.916%
LA 1,471 $1,021,531,215 11.211% 8.409%
MA 1,736 $5,459,019,420 2.703% 2.028%
MD 1,443 $2,576,032,395 3.743% 2.807%
ME 1,448 $582,914,578 1.773% 1.330%
MI 1,440 $4,844,880,610 4.137% 3.102%
MN 1,487 $3,083,902,887 3.706% 2.780%
MO 1,440 $1,989,331,797 3.753% 2.815%
MS 1,461 $656,955,937 6.527% 4.896%
MT 1,080 $437,873,321 3.765% 2.824%
NC 1,570 $4,885,345,076 4.471% 3.353%
ND 1,084 $197,124,170 2.388% 1.791%
NE 1,080 $460,152,715 3.823% 2.867%
NH 1,094 $396,088,332 2.792% 2.094%
NJ 1,377 $7,625,503,388 4.221% 3.166%
NM 1,301 $766,257,172 5.744% 4.308%
NV 1,446 $1,852,491,121 6.522% 4.892%
NY 1,433 $11,026,534,171 2.366% 1.775%
OH 1,451 $4,402,940,941 2.764% 2.073%
OK 1,446 $983,627,588 2.747% 2.060%
OR 1,456 $2,633,511,055 3.489% 2.617%
PA 1,456 $9,849,828,044 5.114% 3.836%
PR 1,448 $732,413,156 5.230% 3.923%
* Target rate equals 25 percent reduction from baseline rate.
Prepared By ETA Office of Unemployment Insurance on 05 Feb 14
A-1
Attachment
Benefit Year Earnings UI Integrity Performance Measure
CY 2010 to CY 2012
BYE Baseline
UI Benefits CY 2010- CY 2014
ST Sample Paid CY 2012 ALP*
__ _______ ________________ ____________ _______
RI 1,440 $846,304,960 2.567% 1.925%
SC 1,535 $1,341,119,108 7.522% 5.641%
SD 1,079 $126,783,597 1.862% 1.397%
TN 1,440 $1,568,111,338 3.889% 2.917%
TX 1,456 $7,623,938,822 2.555% 1.916%
UT 1,445 $932,355,291 2.875% 2.156%
VA 1,472 $2,126,379,813 2.710% 2.032%
VT 1,083 $363,763,988 1.722% 1.291%
WA 1,449 $4,565,641,304 1.952% 1.464%
WI 1,461 $3,347,188,385 4.271% 3.203%
WV 1,440 $680,909,280 1.711% 1.284%
WY 1,081 $287,471,949 4.218% 3.164%
US 73,146 $148,006,596,907 3.453% 2.590%
* Target rate equals 25 percent reduction from baseline rate.
Prepared By ETA Office of Unemployment Insurance on 05 Feb 14
A-2
What does federal law require today?
This guidance has been withdrawn. Ezel checks current federal labor law as it stands now and answers your situation with citations.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace