Changes to TAA program - Questions and Answers

When do the changes to TAA under the Recovery Act take effect?
In general, changes to worker benefits and certification criteria apply only to workers covered by petitions filed on or after May 18, 2009. The exception is that the increase in the amount of the Health Coverage Tax Credit (HCTC), which provides a tax credit towards health insurance costs, goes into effect beginning with the month of May 2009 and applies to all recipients, regardless of when their petition was filed.

How can I tell if I am covered under the Old TAA Program or the New TAA Program?
You can tell which program you are covered under by looking at the petition number, which is usually displayed in your paperwork as TA-W-XX,XXX. TA-W numbers that fall below 70,000 are associated with the Old TAA Program while numbers exceeding 70,000 will be associated with the New TAA Program.

What are the major changes in benefits?

Old TAA Program
(Available to Workers Covered by Petitions with Numbers Below 70,000)

New TAA Program
(Available to Workers Covered by Petitions with Numbers Above 70,000)

Trade Readjustment Allowances (TRA)

Up to 104 weeks of cash payments for workers enrolled in full-time training
Up to 130 weeks of cash payments if the worker was also enrolled in remedial training

Trade Readjustment Allowances (TRA)

Up to 130 weeks of cash payments for workers enrolled in full-time training
Up to 156 weeks of cash payments if the worker was also enrolled in remedial training

Training Enrollment Deadlines

Workers must be enrolled in training 8 weeks after certification or 16 weeks after layoff, whichever is later, in order to receive TRA

Training Enrollment Deadlines

Workers must be enrolled in training 26 weeks after certification or layoff, whichever is later, in order to receive TRA

Job Search Allowances

90% of allowable costs, up to $1,250

Job Search Allowances

100% of allowable costs, up to $1,500

Relocation Allowances

90% of costs, up to the statutory limit for Federal Employees
Provides an additional lump sum payment of up to $1,250

Relocation Allowances

100% of costs, up to the statutory limit for Federal Employees
Provides an additional lump sum payment of up to $1,500

Training Services

Training may only be approved on a full-time basis
Certified workers may not begin approved training until they have been totally or partially separated from adversely affected employment

Training Services

Training may be approved on a full-time or part-time basis, although full-time training is required for TRA eligibility.
Certified workers may begin approved training when threatened with separation from adversely affected employment

Health Coverage Tax Credit (HCTC)

Prior to May 2009, a tax credit covering up to 65% of an eligible participant's monthly qualifying health insurance premium
Beginning May 2009, the tax credit will be raised for all participants to cover 80% of an eligible participant's monthly qualifying health insurance premium

Health Coverage Tax Credit (HCTC)

A tax credit covering 80% of an eligible participant's monthly qualifying health insurance premium

Alternative Trade Adjustment Assistance

Available to workers 50 years of age or older
Requires a separate certification of group eligibility
Workers may not participate in TAA-approved training
Requires full-time employment within 26 weeks of separation
Available only for workers earning less than $50,000 per year in reemployment
Maximum benefit of $10,000 over a period of up to two years
Participants are eligible for the HCTC

Reemployment Trade Adjustment Assistance

Available to workers 50 years of age or older
Does not require a separate certification of group eligibility
Workers may participate in TAA- approved training
Requires full-time employment, unless the worker is also enrolled in TAA-approved training and employed at least 20 hours per week, and does not set a deadline for reemployment
Available only for workers earning less than $55,000 per year in reemployment
Maximum benefit of $12,000 over a period of up to two years
Participants are eligible for the HCTC

What are some examples of new groups of workers that may now be certified under the New TAA Program?
Additional groups of workers that may be certified include, but are not limited to:

Workers in firms that supply services.
Workers whose firm has shifted production to any foreign country.
Workers in public agencies.
Workers whose firm produces component parts of a finished article produced by its customer(s).
Workers in firms that supply testing, packaging, maintenance and transportation services to companies with TAA-certified workers.
Workers whose firm is identified in an International Trade Commission “injury” determination listed in the Act.

I am a worker who is already part of a certified worker group. Can I get the benefits as provided under the New TAA Program instead of the benefits provided in the Old Program?
No. The law provides that workers covered by certification of petitions filed before May 18, 2009 will receive the benefits that were available under the old law. The exception is that workers covered by certifications of petitions filed under the Old TAA Program will receive the increased HCTC amount beginning in May 2009.

I filed a petition for TAA certification recently and my petition was denied. May I file a petition under the New TAA Program?
Yes. You may file another petition on or after May 18, 2009. If your petition meets the certification criteria that apply to a petition filed on or after that date, your petition will be granted and you will be eligible to apply for the benefits offered by the New Program. However, the amount of time you have to file a new petition is limited, since a certification does not cover workers laid off more than one year prior to the date of the petition.

I filed a petition currently under review by the Department of Labor but I think I want the benefits available under the New TAA Program. What should I do?
In order to be eligible for benefits under the New TAA Program instead of the benefits under the Old TAA program, workers must be covered by a petition filed on or after May 18, 2009. You (the petitioner) have the option of withdrawing the petition currently under investigation before a determination is made on that petition, then filing a new petition on or after May 18, 2009. If the new petition is certified, workers covered by that petition will be eligible to apply for benefits under the New TAA program.

Before withdrawing your petition, please note that a certification does not cover workers laid off more than one year prior to the date of the petition. This provision of law has not changed. Therefore, when deciding whether or not to withdraw your petition, it is important to consider how long before the filing of a new petition workers covered by that new petition would have been laid off. If workers were laid off nearly a year before the date of a petition currently under investigation, then withdrawing and resubmitting that petition could result in the exclusion of some workers from eligibility to apply for any TAA benefits. In addition, withdrawing and resubmitting a petition will result in the investigation of different time periods, which could change the outcome of the investigation from a certification to a denial (or from a denial to certification).

In order to withdraw your petition, you should contact the individual investigator assigned to your petition or the Trade Adjustment Assistance program office at 202-693-3560, if you do not have contact information for the investigator assigned to the case. Once the Department has issued a determination on your petition, it will not be possible to request a withdrawal. A written request should reference and confirm any oral request to withdraw a petition. While a new petition may be filed if your petition for certification has been denied, certifications issued under petitions filed before May 18, 2009 may not be modified to allow workers to apply for benefits available under the New TAA Program. In addition, while you may discuss your pending petition with the investigator, the decision on whether to withdraw a petition must be
made by the individuals who originally filed the petition, and include all of the signatories to the petition.

How do I get more information?
Information about the changes to TAA under the Recovery Act will be updated frequently and may be found by utilizing the contact information provided below.

Contact Information
United States Department of Labor
Employment and Training Administration
Division of Trade Adjustment Assistance
200 Constitution Avenue, N.W. Room C-5311
Washington, DC 20210
Phone: 202-693-3560 or 1-888-DOL-OTAA (1-888-365-6822)
Fax: 202-693-3584 or 3585
Web site: http://www.doleta.gov/tradeact