[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR617.11]

[Page 104-110]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 617--TRADE ADJUSTMENT ASSISTANCE FOR WORKERS UNDER THE TRADE ACT OF 1974--Table of Contents
 
             Subpart B--Trade Readjustment Allowances (TRA)
 
Sec. 617.11  Qualifying requirements for TRA.

    (a) Basic qualifying requirements for entitlement--(1) Prior to 
November 21,

[[Page 105]]

1988. To qualify for TRA for any week of unemployment that begins prior 
to November 21, 1988, an individual must meet each of the following 
requirements of paragraphs (a)(1) (i) through (vii) of this section:
    (i) Certification. The individual must be an adversely affected 
worker covered under a certification.
    (ii) Separation. The individual's first qualifying separation (as 
defined in paragraph (t)(3)(i) of Sec. 617.3) before application for TRA 
must occur:
    (A) On or after the impact date of such certification; and
    (B) Before the expiration of the two-year period beginning on the 
date of such certification, or, if earlier, before the termination date, 
if any, of such certification.
    (iii) Wages and employment. (A) In the 52-week period (i.e., 52 
consecutive calendar weeks) ending with the week of the individual's 
first qualifying separation, the individual must have had at least 26 
weeks of employment at wages of $30 or more a week in adversely affected 
employment with a single firm or subdivision of a firm. Evidence that an 
individual meets this requirement shall be obtained as provided in 
Sec. 617.12. Employment and wages covered under more than one 
certification may not be combined to qualify for TRA.
    (B)(1) For the purposes of paragraph (a)(1)(iii) of this section, 
any week in which such individual--
    (i) is on employer-authorized leave from such adversely affected 
employment for purposes of vacation, sickness, injury, maternity, or 
inactive duty or active duty military service for training, or
    (ii) does not work in such adversely affected employment because of 
a disability compensable under a workers' compensation law or plan of a 
State or the United States, or
    (iii) had adversely affected employment interrupted to serve as a 
full-time representative of a labor organization in such firm or 
subdivision,

shall be treated as a week of employment at wages of $30 or more;
    (2) Provided, that--
    (i) not more than 7 weeks in the case of weeks described in 
paragraph (a)(1)(iii)(B)(1)(i) or paragraph (a)(1)(iii)(B)(1)(iii) of 
this section, or both, and (ii) not more than 26 weeks described in 
paragraph (a)(1)(iii)(B)(1)(ii) of this section,

may be treated as weeks of employment for purposes of paragraph 
(a)(1)(iii) of this section.
    (C) Wages and employment creditable under paragraph (a)(1)(iii) of 
this section shall not include employment or wages earned or paid for 
employment which is contrary to or prohibited by any Federal law.
    (iv) Entitlement to UI. The individual must have been entitled to 
(or would have been entitled to if the individual had applied therefor) 
UI for a week within the benefit period--
    (A) in which the individual's first qualifying separation occurred, 
or
    (B) which began (or would have begun) by reason of the filing of a 
claim for UI by the individual after such first qualifying separation.
    (v) Exhaustion of UI. The individual must:
    (A) Have exhausted all rights to any UI to which the individual was 
entitled (or would have been entitled to if the individual had applied 
therefor); and
    (B) Not have an unexpired waiting period applicable to the 
individual for any such UI.
    (vi) Extended Benefit work test. (A) The individual must--
    (1) Accept any offer of suitable work, as defined in Sec. 617.3(kk), 
and actually apply for any suitable work the individual is referred to 
by the State agency, and
    (2) Actively engage in seeking work and furnish the State agency 
tangible evidence of such efforts each week, and
    (3) Register for work and be referred by the State agency to 
suitable work,

in accordance with those provisions of the applicable State law which 
apply to claimants for Extended Benefits and which are consistent with 
Part 615 of this Chapter.
    (B) The Extended Benefit work test shall not apply to an individual 
with respect to claims for TRA for weeks of unemployment beginning prior 
to the filing of an initial claim for TRA, nor for any week which begins 
before the individual is notified that the individual is covered by a 
certification issued under the Act and is fully informed of the Extended 
Benefit work

[[Page 106]]

test requirements of paragraph (a)(1)(vi) of this section and 
Sec. 617.17. Prior to such notification and advice, the individual shall 
not be subject to the Extended Benefit work test requirements, nor to 
any State timely filing requirement, but shall be required to be 
unemployed and able to work and available for work with respect to any 
such week except as provided for workers in approved training in 
Sec. 617.17(b)(1).
    (vii) Job search program participation. (A) The individual is 
enrolled in, participating in, or has successfully completed a job 
search program which meets the requirements of Sec. 617.49(a); or the 
State agency has determined that no acceptable job search program is 
reasonably available under the criteria set forth in Sec. 617.49(c).
    (B) The job search program requirement shall not apply to an 
individual with respect to claims for TRA for weeks of unemployment 
beginning prior to the filing of an initial claim for TRA, nor for any 
week which begins before the individual is notified that the individual 
is covered by a certification issued under the Act and is fully informed 
of the job search program requirement of paragraph (a)(1)(vii) of this 
section and Sec. 617.49.
    (C) The job search program requirement shall not apply to an 
individual, as a qualifying requirement for TRA, with respect to any 
week ending after November 20, 1988, but cooperating State agencies are 
encouraged to continue to utilize job search programs after November 20, 
1988, as an effective tool to assist adversely affected workers in 
finding suitable employment, particularly unemployed workers who have 
completed training or for whom the training requirement has been waived 
under Sec. 617.19.
    (2) On and after November 21, 1988. To qualify for TRA for any week 
of unemployment that begins on or after November 21, 1988, an individual 
must meet each of the following requirements of paragraphs (a)(2) (i) 
through (vii) of this section:
    (i) Certification. The individual must be an adversely affected 
worker covered under a certification.
    (ii) Separation. The individual's first qualifying separation (as 
defined in paragraph (t)(3)(i) of Sec. 617.3) before application for TRA 
must occur:
    (A) On or after the impact date of such certification; and
    (B) Before the expiration of the two-year period beginning on the 
date of such certification, or, if earlier, before the termination date, 
if any, of such certification.
    (iii) Wages and employment. (A) In the 52-week period (i.e., 52 
consecutive calendar weeks) ending with the week of the individual's 
first qualifying separation, or any subsequent total qualifying 
separation under the same certification, the individual must have had at 
least 26 weeks of employment at wages of $30 or more a week in adversely 
affected employment with a single firm or subdivision of a firm. 
Evidence that an individual meets this requirement shall be obtained as 
provided in Sec. 617.12. Employment and wages covered under more than 
one certification may not be combined to qualify for TRA.
    (B)(1) For the purposes of paragraph (a)(2)(iii) of this section, 
any week in which such individual--
    (i) Is on employer-authorized leave from such adversely affected 
employment for purposes of vacation, sickness, injury, maternity, or 
inactive duty or active duty military service for training, or
    (ii) Does not work in such adversely affected employment because of 
a disability compensable under a workers' compensation law or plan of a 
State or the United States, or
    (iii) Had adversely affected employment interrupted to serve as a 
full-time representative of a labor organization in such firm or 
subdivision, or
    (iv) Is on call-up for the purpose of active duty in a reserve 
status in the Armed Forces of the United States (if such week began 
after August 1, 1990), provided such active duty is ``Federal service'' 
as defined in part 614 of this chapter,

shall be treated as a week of employment at wages of $30 or more;
    (2) Provided, that--
    (i) Not more than 7 weeks in the case of weeks described in 
paragraph (a)(2)(iii)(B)(1) (i) or (iii) of this section, or both, and

[[Page 107]]

    (ii) Not more than 26 weeks described in paragraph (a)(2)(iii)(B)(1) 
(ii) or (iv) of this section,

may be treated as weeks of employment for purposes of paragraph 
(a)(2)(iii) of this section.
    (C) Wages and employment creditable under paragraph (a)(2)(iii) of 
this section shall not include employment or wages earned or paid for 
employment which is contrary to or prohibited by any Federal law.
    (iv) Entitlement to UI. The individual must have been entitled to 
(or would have been entitled to if the individual had applied therefor) 
UI for a week within the benefit period--
    (A) in which the individual's first qualifying separation occurred, 
or
    (B) which began (or would have begun) by reason of the filing of a 
claim for UI by the individual after such first qualifying separation.
    (v) Exhaustion of UI. The individual must:
    (A) Have exhausted all rights to any UI to which the individual was 
entitled (or would have been entitled if the individual had applied 
therefor); and
    (B) Not have an unexpired waiting period applicable to the 
individual for any such UI.
    (vi) Extended Benefit work test. (A) The individual must--
    (1) Accept any offer of suitable work, as defined in Sec. 617.3(kk), 
and actually apply for any suitable work the individual is referred to 
by the State agency, and
    (2) Actively engage in seeking work and furnish the State agency 
tangible evidence of such efforts each week, and
    (3) Register for work and be referred by the State agency to 
suitable work,

in accordance with those provisions of the applicable State law which 
apply to claimants for Extended Benefits and which are consistent with 
part 615 of this chapter.
    (B) The Extended Benefit work test shall not apply to an individual 
with respect to claims for TRA for weeks of unemployment beginning prior 
to the filing of an initial claim for TRA, nor for any week which begins 
before the individual is notified that the individual is covered by a 
certification issued under the Act and is fully informed of the Extended 
Benefit work test requirements of paragraph (a)(2)(vi) of this section 
and Sec. 617.17. Prior to such notification and advice, the individual 
shall not be subject to the Extended Benefit work test requirements, nor 
to any State timely filing requirement, but shall be required to be 
unemployed and able to work and available for work with respect to any 
such week except as provided in Sec. 617.17(b)(2) for workers enrolled 
in, or participating in, a training program approved under 
Sec. 617.22(a).
    (vii) Participation in training. (A) The individual must--
    (1) Be enrolled in or participating in a training program approved 
pursuant to Sec. 617.22(a), or
    (2) Have completed a training program approved under Sec. 617.22(a), 
after a total or partial separation from adversely affected employment 
within the certification period of a certification issued under the Act, 
or
    (3) Have received from the State agency a written statement under 
Sec. 617.19 waiving the participation in training requirement for the 
individual.
    (B) The participation in training requirement of paragraph 
(a)(2)(vii) of this section shall not apply to an individual with 
respect to claims for TRA for weeks of unemployment beginning prior to 
the filing of an initial claim for TRA, nor for any week which begins 
before the individual is notified that the individual is covered by a 
certification issued under the Act and is fully informed of the 
participation in training requirement of paragraph (a)(2)(vii) of this 
section and Sec. 617.19.
    (C) The participation in training requirement of paragraph 
(a)(2)(vii) of this section shall apply, as a qualifying requirement for 
TRA, to an individual with respect to claims for TRA for weeks of 
unemployment commencing on or after November 21, 1988, and beginning 
with the first week following the week in which a certification covering 
the individual is issued under the Act, unless the State agency has 
issued a written statement to the individual under Sec. 617.19 waiving 
the participation in training requirement for the individual.

[[Page 108]]

    (D) For purposes of paragraph (a)(2)(vii) of this section, the 
following definitions shall apply:
    (1) Enrolled in Training. A worker shall be considered to be 
enrolled in training when the worker's application for training is 
approved by the State agency and the training institution has furnished 
written notice to the State agency that the worker has been accepted in 
the approved training program which is to begin within 30 calendar days 
of the date of such approval. (A waiver under Sec. 617.19 shall not be 
required for an individual who is enrolled in training as defined 
herein.)
    (2) Completed Training. A worker shall be considered to have 
completed a training program if the training program was approved, or 
was approvable and is approved, pursuant to Sec. 617.22, and the 
training was completed subsequent to the individual's total or partial 
separation from adversely affected employment within the certification 
period of a certification issued under the Act, and the training 
provider has certified that all the conditions for completion of the 
training program have been satisfied.
    (3) Special rules for workers separated in 1981 to 1986 period. (i) 
Basic conditions. Under section 1425(b) of the Omnibus Trade and 
Competitiveness Act of 1988 (the ``OTCA'') (Pub. L. 100-418) the time 
limit on the eligibility period for basic TRA in section 233(a)(2) of 
the Act (before and after the amendment by Public Law 100-418), and the 
210-day time limit in section 233(b) of the Act on the filing of a bona 
fide application for training in order to qualify for additional TRA, 
are set aside and shall be disregarded for any individual separated from 
adversely affected employment in the period which began on August 13, 
1981, and ended on April 7, 1986: Provided, That, any such individual 
must meet all of the following requirements of paragraphs (a)(3)(i)(A) 
through (E) of this section to qualify for TRA for any week.
    (A) Period of separation. The separation of the individual must have 
occurred on a date within the period which began on August 13, 1981 and 
ended on April 7, 1986.
    (B) Total separation required. Such separation must be a ``total 
separation'' as defined in Sec. 617.3(ll), and a ``total qualifying 
separation'' as defined in Sec. 617.3(t)(3)(i)(B); and, for the purposes 
of determining whether an individual has been continuously unemployed, 
as defined in Sec. 617.3(t)(3)(i)(E), only the last such total 
separation within the August 13, 1981 to April 7, 1986 period shall be 
taken into account.
    (C) Other standard requirements. The individual must, with respect 
to such total separation, meet all of the requirements of paragraphs 
(a)(2)(i) through (v) of this section.
    (D) Participation in training. (1) The individual must meet the 
requirements of paragraph (a)(2)(vii) of this section, with respect to 
being enrolled in or participating in a training program approved 
pursuant to Sec. 617.22(a), as to each week TRA is claimed, and not be 
ineligible under Sec. 617.18(b)(2) for failure to begin participation in 
such training or for ceasing to participate in such training.
    (2) With respect to participation in training, as required under 
paragraph (a)(3) of this section, the break in training provisions of 
Sec. 617.15(d) shall be applicable, and the waiver of participation 
provisions in Sec. 617.19 shall not be applicable.
    (E) Continuously unemployed. (1) The individual must have been 
continuously unemployed since the date of the individual's total 
separation referred to in paragraph (a)(2)(vii)(B) of this section, not 
taking into account for the purposes of this determination any work in 
which the individual was employed in seasonal employment, odd jobs, or 
part-time, temporary employment.
    (2) For purposes of Sec. 617.11(a)(3)(i)(E)(1), continuously 
unemployed shall mean the individual has not been engaged in any 
employment, except for seasonal employment, odd-jobs, or part-time, 
temporary employment. Employment shall be considered:
    (i) Seasonal employment when seasonality provisions of the 
applicable State law are applicable to such employment; or
    (ii) An odd job when the established period of employment occurs 
within five (5) consecutive days or less; or

[[Page 109]]

    (iii) Part-time, temporary employment when a termination date of one 
hundred fifty (150) days or less was established at the time of 
employment, and the average weekly hours for the job, over the period of 
employment, was less than 30 hours per week.
    (ii) TRA payments prospective only. The provisions of paragraph 
(a)(3) of this section apply to payments of TRA only for weeks which 
begin after August 23, 1988, and with respect to training in which the 
individual becomes enrolled and begins participation before or after 
such date, and which is approved under Sec. 617.22(a) before or after 
such date. No payment of TRA may be authorized under paragraph (a)(3) of 
this section for any week which ends before such training is approved 
under Sec. 617.22(a).
    (iii) Other special rules. (1) Although the last total qualifying 
separation of an individual will be used for the purposes of the 
determination under paragraph (a)(3)(i)(B) of this section, the 
individual's first qualifying separation (as defined in paragraph 
(t)(3)(ii) of Sec. 617.3) must be used to determine the weekly and 
maximum amounts payable to the individual in accordance with 
Secs. 617.13 and 617.14.
    (2) No individual shall be determined to be eligible for TRA under 
paragraph (a)(3) of this section if the individual has previously 
received all of the basic and additional TRA to which the individual was 
entitled.
    (3) The 26-week eligibility period for additional TRA is applicable 
under paragraph (a)(3) of this section, as such term is defined in 
paragraph (m)(2) of Sec. 617.3.
    (4) Special rules for oil and gas workers--retroactive--(i) Basic 
conditions. Under section 1421(a)(1)(B) of the OTCA, individuals 
employed by independent firms engaged in exploration or drilling for oil 
and natural gas who were separated after September 30, 1985, may be 
entitled, retroactively, to TAA program benefits, but only if, as to any 
such individual, all of the conditions in the following provisions of 
paragraph (a)(4) of this section are met.
    (ii) Prior certification. Individuals covered by this paragraph 
(a)(4) do not include any individual covered under a certification (made 
with respect to the same firm or subdivision of a firm) that was issued 
under section 223 of the Act without regard to the amendments to section 
222 of the Act (relating to oil and gas workers) made by section 1421 
(a)(1)(A) of the OTCA.
    (iii) Petition. (A) To apply for a certification under section 223 
covering workers referred to in section 1421 (a)(1)(B) of the OTCA, a 
petition must have been filed in the Office of Trade Adjustment 
Assistance after August 23, 1988, and on or before November 18, 1988, by 
or on behalf of a group of workers of such a firm or subdivision of a 
firm.
    (B) A petition, to be valid, may not be signed by or on behalf of an 
individual referred to in paragraph (a)(4)(ii) of this section.
    (iv) Certification. (A) As provided in section 1421(a) (1)(B) of the 
OTCA, a certification issued pursuant to section 223 of the Act will not 
be subject to the one-year limitation on the impact date which is 
specified in section 223(b) of the Act, but the impact date of any such 
certification may not be a date earlier than October 1, 1985.
    (B) A certification shall not be issued under the authority of 
section 1421(a)(1)(B) of the OTCA if a certification could have been 
issued under section 223 of the Act before or after the amendment made 
by section 1421(a)(1)(A) of the OTCA.
    (v) Coverage of certification. Individuals covered by a 
certification issued under the authority of section 1421(a)(1)(B) of the 
OTCA will be eligible to apply for TAA program benefits as follows:
    (A) Basic and additional TRA, retroactively and prospectively, 
subject to the conditions stated in paragraph (a)(4) of this section;
    (B) Training, prospectively, subject to the conditions stated in 
subpart C of this part;
    (C) Job search allowances, prospectively, subject to the conditions 
stated in subpart D of this part; and
    (D) Relocation allowances, prospectively, subject to the conditions 
stated in subpart E of this part.
    (vi) TRA entitlement. To qualify for TRA for any week, an individual 
must meet all of the following requirements

[[Page 110]]

of paragraphs (a)(4)(vi)(A) through (D) of this section;
    (A) Certification. The individual must be an adversely affected 
worker covered under a certification issued pursuant to section 223 of 
the Act and under the authority of section 1421(a)(1)(B) of the OTCA.
    (B) Date of separation. The date of the individual's most recent 
total separation (as defined in Sec. 617.3) must be a date after 
September 30, 1985, and within the certification period of the 
certification under which the worker is covered. Separations occurring 
prior to October 1, 1985, shall be disregarded for the purposes of 
determining whether an individual experienced a total separation after 
September 30, 1985.
    (C) Other standard requirements. (1) With respect to weeks of 
unemployment that begin after September 30, 1985, but prior to November 
21, 1988, the individual must, with respect to the separation referred 
to in paragraph (a)(4)(vi)(B) of this section, meet all of the 
requirements of paragraph (a)(1)(i) through (vii) of this section, and
    (2) With respect to weeks of unemployment that begin on or after 
November 21, 1988, the individual must meet all of the requirements of 
paragraphs (a)(2)(i) through (vii) of this section.
    (D) Other special rules. (1) Although an individual's most recent 
total or partial separation after September 30, 1985 must be used for 
the purposes of this paragraph (a)(4)(vi)(B) of this section, the 
individual's first qualifying separation (as defined in paragraph 
(t)(3)(ii) of Sec. 617.3) must be used to determine the weekly and 
maximum amounts payable to the individual in accordance with 
Secs. 617.13 and 617.14.
    (2) The 60-day preclusion rule in paragraph (b)(1) of this section 
shall not be applicable to an individual covered by a certification 
referred to in paragraph (a)(4)(vi)(A) of this section, and who is 
eligible for TRA under the provisions of paragraph (a)(4) of this 
section.
    (3) The 26-week eligibility period for additional TRA (as defined in 
paragraph (m)(2) of Sec. 617.3) is applicable under paragraph (a)(4) of 
this section.
    (b) First week of entitlement. The first week any individual may be 
entitled to a payment of basic TRA shall be the later of:
    (1) The first week beginning more than 60 days after the date of the 
filing of the petition which resulted in the certification under which 
the individual is covered (except in the case of oil and gas workers to 
whom paragraph (a)(4) of this section applies); or
    (2) The first week beginning after the individual's exhaustion of 
all rights to UI including waiting period credit, as determined under 
Sec. 617.11(a)(1)(v) or Sec. 617.11(a)(2), as appropriate.

[59 FR 928, Jan. 6, 1994]