EMPLOYMENT AND TRAINING ADMINISTRATION
ADVISORY SYSTEM
U.S. DEPARTMENT OF LABOR
Washington, D. C. 20210

CLASSIFICATION

OWS

CORRESPONDENCE SYMBOL

OIS/DUO

ISSUE DATE

June 5, 2003

RESCISSIONS

None

EXPIRATION DATE

Continuing

ADVISORY

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-02 Change 4

 

TO

:

ALL STATE WORKFORCE AGENCIES

 

FROM

:

CHERYL ATKINSON
Administrator
Office of Workforce Security

 

SUBJECT

:

Temporary Extended Unemployment Compensation (TEUC) Act of 2002 - Second Extension

  1. Purpose. To provide State Workforce Agencies (SWAs) with instructions for implementing and operating the second extension of the TEUC program.

  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, signed by the President on March 9, 2002; Public Law 108-1, signed by the President on January 8, 2003; Public Law 108-26, signed by the President on May 28, 2003; Unemployment Insurance Program Letter (UIPL) No. 30-02 dated July 5, 2002; 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; Employment and Training (ET) Handbook No. 401; ET Handbook No. 410.

  3. Summary. Public Law 108-26 amended the TEUC Act of 2002 to provide for an extension of the basic program through the last week ending on or before December 31, 2003, and for a transition period for the continuation of payments to individuals who have TEUC benefit balances as of December 31, 2003, through the last week beginning on or before March 31, 2004. The last week for which a new TEUC claim can be effective is the week ending December 27, 2003 (December 28, 2003 for New York). No additional weeks of TEUC are provided by this amendment for individuals who have already exhausted their TEUC eligibility.

  4. Summary of Changes. The amendments (see item 8 below for text) to Section 208 of the TEUC Act do the following: a. Extend the TEUC program for new claims (without change) through the week ending on or before December 31, 2003; and b. Change the transition provision. Each individual who has “an amount remaining” in his/her TEUC account as of December 31, 2003, can collect this remaining entitlement through the last week beginning on or before March 31, 2004. Any individual who qualifies for this transition is limited to the amount in the account as of December 31, 2003. There will be no new TEUC or TEUC-X determinations effective for weeks of unemployment ending after December 31, 2003. Individuals exhausting basic TEUC in a “high unemployment” state during the transition will not be able to qualify for TEUC-X. Section 2(b) of Public Law 108-26 provides that the amendments take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21).

  5.  Interpretation.  SWAs are required to continue to follow the Department’s interpretation of the TEUC Act and the operating instructions previously published in UIPL No. 30-02 to guide states in administering the TEUC program, except as changed by this advisory. The instructions in this document are issued to the states and cooperating state agencies as guidance provided by the Department of Labor 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, policies, and procedures issued in this document supersede those previously issued as UIPL No. 30-02 with respect to the ending of the program.

  6. TEUC Agreements.  TEUC 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.

    1. Identification and Notification of Potentially Eligible Claimants. A potentially eligible claimant requiring notification is any individual who exhausts regular, additional, or extended benefits with payment for the week ending May 31, 2003 (May 25, 2003 for New York) and thereafter. SWAs will identify individuals, including interstate claimants, who are potentially eligible for TEUC due to the amendments to Section 208 of the TEUC Act, and provide each individual with written notification of his/her potential entitlement to TEUC, as appropriate.

    2. Notification of Media. To assure public knowledge of the extension of the TEUC program, the state shall notify appropriate news media having coverage throughout the state.

  8. Text of Public Law 108-26 to extend the Temporary Extended Unemployment Compensation Act of 2002.

SECTION 1.  SHORT TITLE.

This Act may be cited as the ‘Unemployment Compensation Amendments of 2003’.

SEC. 2. EXTENSION OF THE TEMPORARY EXTENDED UNEMPLOYMENT COMPENSATION ACT OF 2002.

(a) IN GENERAL.— Section 208 of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 30), as amended by Public Law 108-1 (117 Stat. 3), is amended—

(1) in subsection (a)(2), by striking ‘before June 1’ and inserting ‘on or before December 31’;

(2) in subsection (b)(1), by striking ‘May 31, 2003’ and inserting ‘December 31, 2003’;

(3) in subsection (b)(2)—

(A) in the heading, by striking ‘MAY 31, 2003’ and inserting ‘DECEMBER 31, 2003’; and

(B) by striking ‘May 31, 2003’ and inserting ‘December 31, 2003’; and

(4) in subsection (b)(3), by striking ‘August 30, 2003’ and inserting ‘March 31, 2004’.

(b) EFFECTIVE DATE- The amendments made by this section shall take effect as if included in the enactment of the Temporary Extended Unemployment Compensation Act of 2002 (Public Law 107-147; 116 Stat. 21).

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

  2. Inquiries. Direct questions to the appropriate Regional Office.