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Presentations, glossaries and frequently asked questions.
Presentations, glossaries and frequently asked questions.
Here are some key Trade Adjustment Assistance (TAA) terminology and acronyms.
The term refers to a situation that exists in a firm, or an appropriate subdivision of a firm, if individuals of such firm or appropriate subdivision are certified under the Act as eligible for Trade Adjustment Assistance (TAA) as being adversely affected.
An adversely affected, incumbent worker is one who: 1) is a member of a group of workers that has been certified as eligible to apply for TAA benefits, 2) has not been totally or partially separated from employment and thus does not have a qualifying separation, and 3) is determined to be individually threatened with total or partial separation (this can be evidenced by a notice of layoff or termination letter).
From: TEGL 22-08 A-31
Adversely Affected Worker
An adversely affected worker is one who has been totally or partially separated from employment in a firm or subdivision of a firm that has been certified by the U.S. Department of Labor.
The Agent State is any state other than the Liable State, or the state where the participant seeks services. It should be noted that residency is not relevant to the Agent or Liable State definition. The Agent State is responsible for cooperating fully with the Liable State and assists the Liable State in carrying out its activities and functions including, but not limited to: providing information needed for determinations, redeterminations, or appeals, procuring and paying the training costs approved by the Liable State (including related training expenses and transportation and subsistence). Documents relating to training enrollment and waivers must be provided by the agent state to the liable state.
A training application that has been sent in by a counselor and reviewed by the TAA Merit Staff is considered bona fide. Technically, a Bona Fide Application for Training is: an individual's signed and dated application for training filed with the State agency administering the TAA training program, on a form necessarily containing the individual's name, petition number, local office number, and specific occupational training. This form shall be signed and dated by a State agency representative upon receipt. (CFR 617.3)
The certification period is the time during which total and partial separations from Trade-Impacted Employment within a firm or appropriate subdivision of a firm are covered by said certification. It is the time covered from the Impact Date to the expiration date.
Completion TRA is 13 weeks of extra TRA available for participants with petition numbers over 81,000 who have completed their training program and met its performance benchmarks. To be eligible for Completion TRA, participants must have been evaluated by their counselor by no more than 60 day intervals and been found to meet the following criteria:
The following types of credentials are recognized by TAA merit staff:
In addition, DEED will approve TAA funding for courses that, although the completion of which do not directly result in the awarding of a credential, will facilitate the achievement of one. Examples of such courses would include test preparation classes leading directing to licensures (e.g. Bar examination preparation) and classes leading to successful completion of certifications (e.g. Certified Nursing Assistant testing). Merit staff will examine these requests on a case by case basis.
The date of separation for an employed individual is the last day worked. For an individual on employer-authorized leave, the last day the individual would have worked had the individual been working is the date of separation. With respect to a partial separation, the date of separation is the last day of the week in which the partial separation occurred.
A participant is considered enrolled in training when:
Equitable Tolling is a legal doctrine that permits the suspension of statutory and administrative deadlines where equity demands. This means that deadlines may be extended in circumstances when a participant acted with due diligence, but there were egregious circumstances. It must be a situation where the participant could not reasonably have been expected to meet a deadline or fulfill a requirement regardless of their effort. An example where equitable tolling may be applied is if a participant was not informed of a deadline and, because of that, missed the deadline.
Equitable Tolling is rarely found to be appropriate and is NOT a statutory provision requiring a waiver of deadlines for good cause. For equitable tolling to apply, you must show that a participant acted with due diligence, whether or not the State was at fault. Equitable tolling is different than extenuating circumstances and they are separate determinations.
When equitable tolling happens, many deadlines are modified. Generally, the deadlines shift to starting from the date that the participant becomes aware of the deadline. Under 2009 law, for example, the deadline for applying for Additional TRA (which is originally 210 days from petition certification) changes to 210 days from when the participant learns of the deadlines. Contact a TAA Specialist for more information on Equitable Tolling as many determinations are situation dependent.
A family consists of specific members of an adversely affected worker's household whose principal place of residence is with the individual in a home the individual maintains or would maintain, but for unemployment. These members are (1) a spouse; and/or (2) an unmarried child, including a stepchild, adopted child, or foster child, under the age of 21, or of any age if incapable of self-support because of mental or physical incapacity.
A head of a family is an individual who maintains a home if over half the cost of maintenance is furnished by the individual, or would be, but for unemployment.
The impact date, which is stated in the certified petition, is the date on which the company first begins being affected by foreign trade. It is determined by the US DOL.
Imports that increased either absolutely or relatively to domestic production, compared to a representative base period, are referred to as increased imports. The representative base period is one year, consisting of the four quarters immediately preceding the date that is 12 months before the date of the petition.
An incumbent worker is one who has been totally or partially separated from employment in a firm or subdivision of a firm that has been certified by the U.S. Department of Labor.
The Individual Employment Plan (IEP) is a living document created by the Dislocated Worker Counselor and the participant. The IEP outlines a participant's path to employment, including the resources they plan to use and the skills they hope to gain. As a living document, the IEP should be changed to reflect changes in a participant's employment path or strategy. IEP is synonymous with Individual Service Strategy (ISS).
Individual Service Strategy (ISS) is another term for an Individual Employment Plan (IEP). See IEP definition for more information.
A layoff is a suspension of, or separation from, adversely affected employment by a firm for lack of work initiated by the employer and expected to be for a definite or indefinite period of not less than seven consecutive days.
The Liable State is the State in which the worker's Unemployment Insurance claim is established. The Liable State is responsible for payment of Trade Readjustment Allowances (TRA), issues determinations for the following: eligibility, waivers, training, job search allowances, relocation allowances, Trade Readjustment Allowances (TRA), and Reemployment Trade Adjustment Assistance (RTAA). It is the responsibility of the Liable State to pay UI, TRA, RTAA, and job search and relocation allowances.
A worker with a marketable skill has the talents and background for suitable employment with a reasonable expectation of employment at an equivalent wage in the near future. Proof of marketable skills may include a postgraduate degree, industry-recognized certification in a technical occupation, or other credential.
The Merit Staff are administrative staff for the Trade Adjustment Assistance program. The term comes from Codes of Federal Regulations and the original laws that established the TAA Program. In Minnesota, the Merit Staff are housed at the Minnesota Department of Employment and Economic Development (DEED). Included in the Merit Staff are:
TAA Specialist: TAA Specialists have many duties. They must: review training applications, ensure all participants meet the six eligibility criteria, review/modify/approve/revoke Waivers of Training, contact human resources from trade-impacted firms, perform information sessions for Trade-Impacted Workers at those firms, review/improve job search and relocation allowance applications, and generally provide information on TAA to counselors and participants.
TRA Specialist: TRA Specialists duties, including: All matters related to Reemployment Trade Adjustment Assistance (RTAA), Trade Readjustment Allowance (TRA). TRA Specialists will also review and approve Waivers of Training and work search applications.
Partial separation occurs during a week ending on or after the impact date specified in the certification under which an adversely affected worker is covered. A partial separation occurs if hours of work are reduced to 80 percent or less of the individual's average weekly hours in adversely affected employment, and wages are reduced to 80 percent or less of the individual's average weekly wage in such adversely affected employment.
To be eligible for Completion TRA, Dislocated Worker Counselors must evaluate and document the participant's progress towards two performance benchmarks at no greater than 60 day intervals. The two benchmarks that participants are evaluated on are:
When the Office of Trade Adjustment Assistance (OTAA) approves a petition for a group of workers to receive TAA benefits, they assign the petition a five digit number in the format of TA-W-XX,XXX . This petition number determines what trade act law (2002, 2009, or 2011) the petition is covered under and therefore what the requirements and benefits are for a participant's TAA enrollment. For a description of the different trade act laws, see TAA Law Section. The general benefits and requirements for each petition number are shown in a side-by-side comparison document created by the OTAA. The following petition numbers correspond to each law:
| Petition Number (TA-W-XX,XXX) | Trade Act Program |
|---|---|
| 69,000 and below | 2002 Law (TAA) |
| 70,000 79,999 | 2009 Law (TGAAA) |
| 80,000 80,999 | 2002 OR 2011 Law (TAA or TAAEA) choice is given to participants from 12/20/2011 through 3/19/2012 |
| 81,000 | 2011 Law (TAAEA) |
If a participant is unsure of their petition number, they may identify it by conducting a search on the OTAA website using their company's name.
Remedial Education develops the foundational competencies necessary for participants to succeed in a TAA approved training program. In remedial coursework participants may: complete their General Education Development (GED) credential, take basic refresher courses (such as math, reading, or writing), or take a course to improve their English language abilities.
Prerequisite education is coursework that the training institution requires for entry into the approved training program. For instance, some nursing programs may require additional math coursework that the participant may not have had in high school to begin training in the new field. It is only considered as a qualification for Remedial TRA for participant numbers between 70,000 and 70,999. (TEGL 22-08, Attachment A, C.5.1, page A-24)
Remedial TRA is 26 additional weeks of TRA that are available to participants covered under the 2002 and 2009 laws who have Remedial Education in their TAA-Approved Training coursework. For participants with petition numbers between 70,000 and 79,000 Prerequisite Education also qualifies them for Remedial TRA. This is not the case for any other participants. It should be noted that Remedial TRA is the last TRA benefit paid out to participants, occurring as 26 additional weeks after all other weeks have been expended.
Secondarily-affected workers are those individuals who supply components to a firm whose workers are certified or workers who perform additional, value-added production and finishing operations for a firm whose workers are certified.
Separate maintenance means maintaining a second residence, in addition to the adversely affected worker's primary place of residence, while attending a training facility outside the individual's commuting area.
With respect to a total separation, the date of separation, for an employed individual, is the last day worked. For an individual on employer-authorized leave, the last day the individual would have worked had the individual been working is the date of separation. With respect to a partial separation, the date of separation is the last day of the week in which the partial separation occurred.
In Minnesota, suitable employment has the following five parameters:
TAA-Certified Employers are those who have been recognized by the Office of Trade Adjustment Assistance (OTAA) as having Trade Impacted Workers and are covered under an approved petition.
TAA approves training programs at accredited institutions. These include vocational programs, higher education, and training certifications. The following types of training are TAA-Approved:
Programs within the Minnesota State Colleges and Universities System and the University of Minnesota.
Programs with providers whom are registered, licensed, or exempt from registering with the Minnesota Office of Higher Education (or with another state agency as required by state law. These programs can be found on the Minnesota Office of Higher Education's website.
WIA Certified Training: These programs and more information on them can be found on the CareerWise website. WIA Certified programs have a WIA symbol and can be filtered using the search tool. Please note, it is not a requirement that training is WIA Certified.
A layoff of an individual from a firm, or a subdivision of a firm, in which trade-impacted employment exists.
Trade Impacted Workers are workers who have lost their jobs as a result of foreign trade. To be eligible for TAA benefits, Trade Impacted Workers must be members of a group that has been recognized under a petition through the Office of Trade Adjustment Assistance (OTAA). Groups of workers covered under a petition may be found on the OTAA's website through conducting a search using their former employer's company name.
Workforce On3 is the State of Minnesota's database (or Management of Information System MIS) which includes all TAA and TRA recipients. It is the place where counselors can access participant's files and enter their case notes.
Alternative Trade Adjustment Assistance
Code of Federal Regulations
Minnesota Department of Employment and Economic Development
Department of Labor and Industry
Equal Opportunity
Fiscal Year
Internal Revenue Service
Management Information System
Office of Trade Adjustment Assistance
On the Job Training
Reemployment and Trade Adjustment Assistance
Trade Adjustment Assistance
Trade Adjustment Extension Act (2011)
Training and Employment Guidance Letter
Trade and Global Assistance Act (2009)
Trade Readjustment Allowance
Unemployment Insurance
United States Department of Labor
Workforce Development Area
Workforce One
Workforce Innovation and Opportunity Act
Here are some of the most frequently-asked questions posed by counselors and service providers about our programs.
RTAA is a benefit provided for older, Trade-impacted workers in the form of a subsidy. RTAA is a supplemental wage to the worker that is 50 percent of the difference between the lower wage of the new employment and the worker's previous wage from a TAA-certified firm.
To be eligible for RTAA an individual must:
The Trade Adjustment Assistance Extension Act (TAAEA) of 2011 renamed ATAA, under 2002 law, to Reemployment Trade Adjustment Assistance (RTAA).
In the case of a worker who has not received a trade readjustment allowance, the worker may receive RTAA benefits for a period not to exceed two years beginning on the earlier of:
In the case of a worker who has received a trade readjustment allowance, the worker may receive RTAA benefits for a period of 104 weeks beginning on the date on which the worker obtains reemployment reduced by the total number of weeks for which the worker received such trade readjustment allowance.