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U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEURA

ISSUE DATE

June 21, 1994

RESCISSIONS

None

EXPIRATION DATE

June 30, 1995

DIRECTIVE

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 30-94

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

MARY ANN WYRSCH
Director
Unemployment Insurance Service

 

SUBJECT

:

Notification by the Department of Labor (DOL) of an Extended Benefits (EB) Program Status Change Due to the Alternative 3-Month Average Total Unemployment Rate (TUR)

  1. Purpose. To advise State Employment Security Agencies (SESAs) of the method by which the DOL will notify States whose EB status will change due to the alternative 3-month average TUR trigger.

  2. Background. Title II, Section 201 of Public Law 102-318 amended the Federal-State Extended Unemployment Compensation Act of 1970 by providing for the use of a 3-month average seasonally adjusted TUR as an alternative trigger mechanism for determining a State's eligibility to pay EB.

    Prior to the alternative TUR trigger, any determination of whether a State was triggered "on" or "off" EB was based on the State's 13-week insured unemployment rate (IUR) as reported by the State agency. Within 10 calendar days after the end of any week with respect to which the head of a State agency had determined that there was an "on" or "off" indicator change, the State was required to notify the Secretary of the change (see 20 CFR 615.12). This requirement still applies to EB periods based on the IUR trigger.

    The DOL's Bureau of Labor Statistics is the official source of the alternative TUR trigger, which makes it the DOL's responsibility to determine the rates of total unemployment for "on" or "off" EB indicators with respect to this trigger (see 203(f)(2) of Federal-State Extended Unemployment Compensation Act of 1970). This necessitates that DOL implement a notification process to advise affected States of a status change based on the alternative TUR trigger.

  3. DOL's Notification Process of an EB Status Change. Effective immediately, the Department of Labor will issue a notice to the appropriate State official when it has been determined that a State's EB status will change due to the alternative TUR trigger. This notice will include the circumstances which resulted in the status change. Except for the requirement in Section 615.12(e), States still must follow all procedural requirements of 20 CFR 615 related to notification of the Department.

  4. Action Required. State Administrators are requested to provide the above information to all appropriate staff.

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