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Effective date: July 1, 2021, Revised February 21, 2024
Section 406 of the Trade Adjustment Assistance Reauthorization Act of 2015 (TAARA 2015) includes a reversion clause. Effective July 1, 2021 the TAA Program reverted to a modified version of the Trade Adjustment Assistance Reform Act of 2002 (TAARA 2002). This modified version is a hybrid of the statutory requirements in TAARA 2002 and the regulatory guidance in 20 CFR Part 618. This program is referred to as Reversion 2021.
Reversion 2021 applies to workers determined eligible under TAA petitions filed on or after July 1, 2021. These petitions are numbered TA-W 98,000+. Workers receiving, or eligible to receive, services under previously certified petitions will continue to receive the applicable benefits and services provided under the applicable version(s) of the program.
Under Reversion 2021 there are limitations on which workers can qualify for TAA services, including:
TAA Reversion 2021 has stricter timelines for when a TAA participant must be enrolled in training or have a training waiver issued to preserve their eligibility for Basic Trade Readjustment Allowance (TRA) benefits. The participant must be enrolled in training or have a training waiver issued by the later of:
These deadlines may be extended by 45 days if extenuating circumstances justify the extension. Extenuating circumstances are those outside the worker's control, including where training programs are abruptly cancelled by the training provider or where the participant suffers injury or illness preventing enrollment or participation in training.8 Any request for a 45-day extension of this deadline due to extenuating circumstances must be submitted for TAA Central Office review by emailing DETTAACentral@dwd.wisconsin.gov. TAA Central Office staff will review these requests and respond as soon as possible, but no later than two business days from the date of the request.
To be eligible for Additional TRA, the participant must apply for TAA training within 210 days of the certification date or the most recent qualifying separation, whichever is later.9 Form TRA-16679 submitted to UI/TRA will satisfy this application requirement. To assist in calculating the 210-day deadline, a guide has been created.
There is no change to the allowable waiver reasons. Participants may continue to receive waivers for training for health/medical reasons, because training enrollment is not available to the participant within 60 days of the training eligibility determination, and/or because training is not available to the worker from a valid training provider, at a reasonable cost, or no training funds are available. Waivers may not be issued retroactively once deadlines have passed.10
There is no longer a "good cause" provision allowing for the waiver of deadlines. Equitable tolling still applies to extend benefit deadlines in egregious circumstances.
There are no longer any special rules related to military service.12
TRA continues to be available for up to 130 weeks. In order to retain eligibility for TRA benefits, stricter training enrollment and/or waiver deadlines apply (see Training Waiver Deadlines section above). The three tiers of TRA (Basic, Additional, and Completion) remain unchanged and for Completion TRA benchmark requirements still apply.13
Under Reversion 2021 Basic TRA is only payable during the 104-week period beginning with the worker's most recent total qualifying separation from the trade-affected employer. This period is fixed regardless of the TAA certification date.14
Additional TRA includes 65 payable weeks within a 78-week eligibility period. This eligibility period begins with the week following the last week of entitlement to Basic TRA or beginning with the first week of approved TAA training if the training begins after the last week of entitlement to Basic TRA.15
Completion TRA includes 13 payable weeks within a 20-week eligibility period. This eligibility period begins with the first week in which the training participant files a claim for Completion TRA.16
The following special rules related to TRA eligibility are eliminated under TAA Reversion 2021:
The first week of TRA eligibility is no longer the first week following the TAA certification date. Rather, under Reversion 2021, the first week of TRA eligibility is the week that begins more than 60 days after the date on which the petition was initially filed. Workers who exhaust their UI entitlement before 60 days following the filing of a petition will have to wait up to 60 days from the petition filing date to be eligible to receive TRA.21
There is no longer a TRA-specific earnings disregard when calculating TRA benefits for TAA participants who are participating in full-time training while working.22
TAA participants may no longer opt to file for TRA or UI in a subsequent benefit period. All TRA payments require the exhaustion of all the worker's UI entitlement.23
DWD's ability to waive overpayments is significantly limited under Reversion 2021. Waiver of overpayments is no longer a requirement; it is now DWD's option whether to pursue the waiver. Additionally, the standard for waiver has changed. Waiver of overpayment may be considered if the repayment "would be contrary to equity and good conscience."24
Reversion 2021 does not allow the provision of services to incumbent workers. Workers may not begin training until they have been totally or partially separated from the trade-affected employer.25
Reversion 2021 requires that work-based training be given preference when developing training plans for TAA participants.26
Training benchmark requirements still apply under Reversion 2021, however, only TAA administrative funds may be used to establish benchmarks and track the participant's progress.27
Participants may be enrolled in full-time or part-time training, and participants enrolled in part-time training remain otherwise eligible for TRA benefits. However, because the TRA-specific earnings disregard is eliminated, participants will likely not qualify for weekly TRA payments if they are working while attending training.28
Reversion 2021 eliminates the Reemployment Trade Adjustment Assistance (RTAA) benefit and replaces is with Alternative Trade Adjustment Assistance (ATAA). For this reason, TAA participants are no longer eligible to combine a training program with a wage subsidy program. This includes On-the-Job training and Apprenticeship programs. See RTAA/ATAA section for additional information.29
Reversion 2021 eliminates the RTAA program and replaces it with ATAA.30
ATAA group eligibility must be determined separately from eligibility for other TAA benefits and requires a special petition process. U.S. DOL has revised the petition form to include this requirement so all worker groups will be automatically considered for ATAA. In order to qualify for ATAA the following must apply:
Participants who choose to receive ATAA will no longer have access to TRA, training benefits, and job search allowances and vice versa. These benefits can no longer be combined in any way.32
The participant must obtain qualifying reemployment by the last day of the 26th week after the worker's qualifying separation date from the trade-affected employer. This deadline applies regardless of the date of certification. Participants are only eligible for ATAA if they reach age 50 before this 26-week deadline date. Qualifying reemployment is employment that is full-time (32 hours per week or more),33 not expected to earn more than $50,000 annually in gross wages, and not with the trade-affected employer in the same division/facility as their layoff, or performing the same or similar work in a different division/facility of the trade-affected employer.34
The application for ATAA must be filed within two years of the first day of qualifying reemployment and TAA Central Office will provide a written response within 5 business days of the receipt of the application. Once sufficient evidence is received by TAA Central Office an eligibility decision will be rendered and DWD-UI will be notified to issue an official determination of eligibility to the participant. The eligibility determination date, which establishes the two-year period during which ATAA benefits can be paid, will be the start date of the first qualifying reemployment.35
ATAA recipients still have access to out-of-area relocation assistance, but no other TAA benefits.36
There are no changes to the administration of this benefit under Reversion 2021. However, if a participant elects to receive ATAA benefits, they are not eligible to receive Out-of Area Job Search Allowances.37
There are no changes to the administration of this benefit under Reversion 2021.38
There are no changes to the administration of this benefit under Reversion 2021. This program has ended as of 12/31/21.39
TAA Reversion 2021 reduces the cap of TAA Training and Other Activities (TaOA) funding from $450M per year to $220M per year. Funds can no longer be recaptured and redistributed (20 CFR 618.950 no longer applies). These funds may not be used to provide Employment and Case Management services (see Employment and Case Management Services section above for additional information).40