[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
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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