TAA Decision 96937
Note: Determinations for this case number, this case number with an alphabetic suffix, and any appeals or amendments appear below.
UNITED STATES DEPARTMENT OF LABOR
Employment and Training Administration
TA-W-96,937
PRUDENTIAL FINANCIAL
ACTUARIAL DIVISION, LIFE MODELING TEAM
HARTFORD, CONNECTICUT
Certification Regarding Eligibility
To Apply for Trade Adjustment Assistance for Workers
In accordance with Section 223 of the Trade Act of 1974, as amended ("the Act"), 19 U.S.C.
§ 2273, the Department of Labor ("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade Adjustment Assistance ("TAA") for workers.
The investigation was initiated in response to a TAA petition dated June 8, 2021 and filed on
June 9, 2021 by a State Workforce Office, on behalf of workers and former workers of Prudential
Financial, Actuarial Division, Life Modeling Team, Hartford, Connecticut (hereafter referred to
as the "worker group"). In accordance with 20 C.F.R. 618.110 a worker group is defined as, ""¦
inclusive of teleworkers and staffed workers."
The worker group is engaged in activities related to the supply of actuarial modeling
services and are not separately identifiable by service.
The petition alleged that worker separations, or threats thereof, were due to a restructuring
of operations and utilization of services in a foreign country.
During the course of the investigation, the Department collected information from the
petitioner(s), the workers' firm, and other relevant sources.
The group eligibility requirements for workers of a firm under Section 222(a) of the Act,
19 U.S.C. § 2272(a), are satisfied if the following criteria are met:
Employment Criterion
(1) A significant number or proportion of the workers in such workers' firm have become
totally or partially separated, or are threatened to become totally or partially separated.
20 C.F.R. 618.225(c)(1)(ii) states that an "Analysis of separation data must generally
consist of a: "(A) Comparison of employment on the petition date to employment on the date that is
1 year prior to the petition date; (B) Review of employment activity during the 1-year period prior
to the petition date; and (C) Review of evidence provided by the workers' firm regarding actual
and threatened separations that occur, or are scheduled to occur, after the petition date."
The Department determines that the employment criterion has been met.
Shift/Acquisition Criterion
(2)(B)(i)(I) there has been a shift by the workers' firm to a foreign country in the production
of articles or the supply of services like or directly competitive with articles which
are produced or services which are supplied by such firm; or
(II) such workers' firm has acquired from a foreign country articles or services that
are like or directly competitive with articles which are produced or services which
are supplied by such firm;
According to 20 C.F.R. 618.225(c)(2)(ii), "Analysis of acquisition data must generally
consist of a: (1) Comparison of shift data on the petition date to shift/acquisition data that is 1 year
prior to the petition date; (2) Review of shift/acquisition activity during the 1-year period prior
to the petition date; and (3) Review of evidence provided by the workers' firm regarding shift/
acquisition activity scheduled to occur after the petition date."
The Department determines that the acquisition criterion has been met.
Contributed Importantly Criterion
(ii) the shift described in clause (i)(I) or the acquisition of articles or services described
in clause (i)(II) contributed importantly to such workers' separation or threat of
separation.
Sec. 222(c) of the Trade Act and 20 C.F.R. 618.110 defines contributed importantly as "a
cause that is important but not necessarily more important than any other cause."
According to 20 C.F.R. 618.225(c)(3)(i), "Analysis of impact of acquisition data on worker
separations must generally consist of determining: (A) Whether there are one or more events or
factors that lessen or sever the causal nexus between the acquisition activity and worker separations
or threat of separation; (B) What percentage of the workers' firm sales or production declines was
attributable to the firm's acquisition activity; (C) Whether operations at the workers' firm domestic
facility or facilities decreased at the same or at a greater rate than contractor or licensee operations
in the foreign country; and (D) Whether there are other events or factors that mitigate or amplify
the impact of acquisition activity on the workers' firm. (ii) Whether there are other events or factors
that mitigate or amplify the impact of shift activity on the workers' firm. (B) The impact may be
determined using a quantitative or qualitative analysis."
The Department determines that the contributed importantly criterion has been met.
Conclusion
After careful review of the facts obtained in the investigation, I determine that workers
of Prudential Financial, Actuarial Division, Life Modeling Team, Hartford, Connecticut, who are
engaged in activities related to the supply of actuarial modeling services meet the worker group
certification criteria under Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following certification:
"All workers of Prudential Financial, Actuarial Division, Life Modeling Team, Hartford,
Connecticut, who became totally or partially separated from employment on or after June
8, 2020 through two years from the date of certification, and all workers in the group
threatened with total or partial separation from employment on the date of certification
through two years from the date of certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of 1974, as amended."
Signed in Washington, D.C. this 18th day of August, 2021.
/s/ Del-Min Amy Chen
_______________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance