[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12020]
[[Page Unknown]]
[Federal Register: May 18, 1994]
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DEPARTMENT OF LABOR
Federal-State Unemployment Compensation Program: Unemployment
Insurance Program Letters Interpreting Federal Unemployment Insurance
Law
The Employment and Training Administration interprets Federal law
requirements pertaining to unemployment compensation as part of its
role in the administration of the Federal-State unemployment
compensation (UC) program. These interpretations are issued in
Unemployment Insurance Program Letters (UIPLs) to the State Employment
Security Agencies (SESAs). The UIPL described below is published in the
Federal Register in order to inform the public.
Unemployment Insurance Program Letter No. 13-94, Change 1
UIPL No. 13-94 provided information on the provisions of the
Unemployment compensation Amendments of 1993, Public Law 103-152, which
affect the Federal-State UC program. Attachment III to UIPL No. 13-94
provided draft language to implement new Section 303 (a)(10) of the
Social Security Act, as added by Section 4(b) of Public Law 103-152,
which requires that certain individuals be held ineligible for UC for
failure to participate in reemployment services. However, the draft
language erroneously omitted language pertaining to exceptions to this
requirement. This Change 1 to UIPL No. 13-94 provides amended draft
language and further clarification of UIPL No. 13-94.
Dated: May 9, 1994.
Doug Ross,
Assistant Secretary of Labor.
U.S. Department of Labor, Employment and Training Administration,
Washington, D.C. 20210
Classification: UI
Correspondence Symbol: TEURL
Date: April 15, 1994
Directive: Unemployment Insurance Program Letter No. 12-94 Change 1
To: All State Employment Security Agencies
From: Mary Ann Wyrsch, Director, Unemployment Insurance Service
Subject: Draft Language--Failure to Participate in Reemployment
Services
Rescissions: None
Expiration Date: April 30, 1994
1. Purpose. To provide State Employment Security Agencies (SESAs)
with revised draft language to implement Section 4(b) of Public Law
(P.L.) 103-152 and clarify certain elements of UIPL 13-94.
2. References. UIPL 13-94; Section 4 of P.L. 103-152; Section
303(a)(10) of the Social Security Act (SSA).
3. Background. UIPL 13-94 provided information on the provisions of
the Unemployment Compensation Amendments of 1993, P.L. 103-152, which
affect the Federal-State unemployment compensation (UC) program.
Attachment III to UIPL 13-94 provided draft language to implement new
Section 303(a)(10), SSA, as added by Section 4(b) of P.L. 103-152,
which requires that certain individuals be held ineligible for UC for
failure to participate in reemployment services. However, the draft
language erroneously omitted language pertaining to exceptions to this
requirement. This UIPL provides amended draft language and further
clarification of UIPL 13-94.
4. Revised Draft Language. States needing to amend their laws to
incorporate the new eligibility criteria established by P.L. 103-152
may wish to use the following draft language:
(a) Eligibility for benefits.--An unemployed individual shall be
eligible to receive benefits with respect to any week only if the
individual:
* * * * *
(____) participates in reemployment services, such as job search
assistance services, if the individual has been determined to be likely
to exhaust regular benefits and to need reemployment services pursuant
to a profiling system established by the Commissioner, unless the
Commissioner determines that:
(a) the individual has completed such services; or
(b) there is justifiable cause for the claimant's failure to
participate in such services.
Section 303(a)(10), SSA, requires State laws to contain ``a
requirement that, as a condition of eligibility for regular
compensation for any week, any claimant who has been referred to
reemployment services pursuant to the profiling system . . .
participate in such services or in similar services unless the State
agency . . . determines (A) such claimant has completed such services;
or (B) there is justifiable cause for such claimant's failure to
participate in such services.'' (Emphasis added.) Therefore, the State
law is required to provide not only that eligibility for regular UC is
conditioned on a claimant's participation in reemployment services, but
also that such condition is treated as met if the claimant has
completed such services, or there is justifiable cause for the
claimant's nonparticipation.
It should be further noted that the above language is intended to
be added to the section of State law containing eligibility
requirements (e.g., Employment Service registration and able and
available requirements). Justifiable cause does not supersede State
able and available requirements, but rather is an additional
eligibility requirement related to participation in reemployment
services. Specifically, if an individual is determined to have
justifiable cause for failure to participate in reemployment services,
the individual still must meet a State's able and available
requirements to be eligible for UC.
5. Clarification. At one point, UIPL 13-94 uses the term
``disqualification'' when referring to the eligibility requirement that
individuals participate in reemployment services. It would be more
accurate to refer to those individuals who fail to participate in
reemployment services as being ``ineligible'' for UC.
6. Action Required. SESAs are requested to take the action
necessary to assure consistency with Federal requirements. The
Department of Labor assumes States will need to amend their laws in
accordance with the revised draft language. If a State does not need
such a law change, it will be necessary to so notify the Department.
6. Inquiries. Inquiries should be directed to your Regional Office.
[FR Doc. 94-12020 Filed 5-17-94; 8:45 am]
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