[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Notices]
[Pages 7604-7609]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3252]


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DEPARTMENT OF LABOR

Employment and Training Administration


Notice Requesting Public Comment on Two Proposed Unemployment 
Insurance (UI) Program Performance Measures To Meet Requirements in the 
Improper Payments Elimination and Recovery Act of 2010 (IPERA)

AGENCY: Employment and Training Administration (ETA), Labor.

ACTION: Notice.

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SUMMARY: The Department of Labor (Department) is seeking public comment 
on two proposed UI Performs Core Measures for UI Integrity: (1) UI 
Improper Payments; and (2) UI Overpayment Recovery.

DATES: Written comments must be submitted to the office listed in the 
addresses section below on or before March 14, 2012.

ADDRESSES: Written comments may be submitted to the address specified 
below. All comments will be made available to the public. Warning: Do 
not include any personally identifiable information (such as name, 
address, or other contact information) or confidential business 
information that you do not want publically disclosed. All comments may 
be posted on the Internet and can be retrieved by most Internet search 
engines. Comments may be submitted anonymously.
     Federal eRulemaking Portal: http://www.regulations.gov, 
identified by Docket ID Number ETA-2012-0001. Follow the instructions 
for submitting comments.
     Mail or Hand Delivery/Courier: Please submit all written 
comments (including disk and CD-ROM submissions) to Mr. Andrew Spisak, 
U.S. Department of Labor, ETA/Office of Unemployment Insurance, 200 
Constitution Avenue NW., Room S-4524, Washington, DC 20210. Be advised 
that mail delivery in the Washington, DC area may be delayed due to 
security concerns. Hand-delivered comments will be received at the 
above address. All overnight mail will be considered to be hand-
delivered and must be received at the designated place by the date 
specified above.
    Please submit your comments by only one method. The Department will 
not review comments received by means other than those listed above or 
that are received after the comment period has closed. The Department 
will post all comments received on http://www.regulations.gov without 
making any change to the comments, including any personal information 
provided. The http://www.regulations.gov Web site is a Federal portal, 
and all comments posted there are available and accessible to the 
public.

SUPPLEMENTARY INFORMATION:

I. Background

    IPERA [Pub. L. 111-204 (31 U.S.C. 3321 note)] amended the Improper 
Payments Information Act of 2002 (IPIA) [Pub. L. 107-300 (31 U.S.C. 
3321 note)] and established several criteria that Federal agencies must 
meet in order to be in compliance with the law. According to section 
3(a)(3) of IPERA:

    The term `compliance' means that the agency (F) has reported an 
improper payment rate of less than 10 percent for each program and 
activity for which an estimate was published under section 2(b) of 
the Improper Payments Information Act of 2002 (31 U.S.C. 3321 note).

    For the 2010 IPIA reporting period, the Department reported an 
improper payment rate of 11.2 percent (10.6 percent overpayment rate 
and 0.6 percent underpayment rate) in its Fiscal Year (FY) 2010 Agency 
Financial Report (AFR), p. 179, (http://www.dol.gov/_sec/media/reports/annual2010/2010annualreport.pdf). For the 2011 IPIA reporting 
period, the Department reported an improper payment rate of 12.0 
percent (11.35 percent overpayment rate and 0.65 percent underpayment 
rate) in its FY 2011 AFR, p. 204 (http://www.dol.gov/--sec/media/

[[Page 7605]]

reports/annual2011/2011annualreport.pdf).
    In addition, IPERA establishes requirements for payment recapture 
audits. Office of Management and Budget (OMB) guidelines in Appendix C 
of OMB Circular A-123, Part I(B)(3), established the follow 
requirements that Federal agencies must follow:

    [A]ll agencies are required to establish annual targets for 
their payment recapture audit programs that will drive their annual 
performance. The targets shall be based on the rate of recovery 
(i.e., amount of improper overpayments recovered divided by the 
amount of improper overpayments identified).
    Agencies have the discretion to set their own payment recapture 
targets for review and approval by OMB, but agencies shall strive to 
achieve annual recapture targets of at least 85 percent within three 
years (with the first reporting year being FY 2011, the second FY 
2012, and the third FY 2013).

    In response, the Department has developed statistical models to set 
recovery targets based on historical performance data and the 
Administration's economic assumptions. These targets have been reviewed 
by OMB and published in the Department's FY 2011 AFR, p. 215.
    Because the UI improper payment rate exceeds the 10 percent minimum 
performance level in IPERA, the Department has developed an Integrity 
Strategic Plan to bring the UI program into compliance. In June 2011, 
the Department issued a ``call to action'' in Unemployment Insurance 
Program Letter (UIPL) No. 19-11 to ensure that UI integrity is a top 
priority and to provide tools and support for State agencies to develop 
strategic plans to reduce improper payments.
    UIPL No. 33-11 (September 21, 2011) launched an initiative to 
reduce unacceptably high levels of improper payments in six ``High 
Priority'' States. The Department will work closely with these States 
to support cross-functional teams and develop strategic plans to reduce 
improper payments below the 10 percent IPERA criterion. UIPL No. 34-11 
(September 28, 2011) provided information on the definition and 
implementation of the UI Performs Benefit Year Earnings Core Measure to 
reduce the leading cause of UI improper payments--claimants who return 
to work and who continue to claim and collect UI benefits.
    This notice describes and solicits comments on two proposed 
performance measures to meet the IPERA statutory requirements. The 
Department establishes measures that capture key dimensions of UI 
program performance in accordance with applicable legislation and sets 
criteria or target levels defining acceptable performance according to 
the measure. If a State's performance does not attain these levels, the 
State must take corrective action through its annual State Quality 
Service Plan (SQSP) (OMB No. 1205-0132, Expiration Date 10/31/2014). 
Comments should be submitted by the date and to the address provided in 
the addresses section of this notice.

II. Proposed Improper Payments Measure Definition and Acceptable Level 
of Performance (ALP)

    Measure Definition: Combined percentage of UI benefits overpaid and 
underpaid, estimated from the results of the Benefit Accuracy 
Measurement (BAM) survey of paid UI claims in the State UI, 
Unemployment Compensation for Federal Employees (UCFE), and 
Unemployment Compensation for Ex-Service Members (UCX) programs.
    ALP: Section 3(a)(3)(F) of IPERA establishes ``an improper payment 
rate of less than 10 percent for each program and activity for which an 
estimate was published under [IPIA].'' Section 2(e) of IPERA amends 
section 2 of IPIA and defines an improper payment as ``any payment that 
should not have been made or that was made in an incorrect amount 
(including overpayments and underpayments).'' In accordance with IPERA 
requirements, the Department is proposing an ALP of less than 10 
percent, first applicable to calendar year (CY) 2012 performance. State 
performance for the 2011 IPIA reporting period (July 2010 through June 
2011) is provided in Attachment A. This ALP will be effective unless 
the IPERA and/or IPIA are amended, in which case the Department will 
bring its ALP into line with the amended requirement.
    Calculation: The measure would be calculated from BAM data using 
the following data elements:
     Total Overpayment Amount for Key Week (BAM data element 
h5)--defines the amount overpaid to the claimant in the key week (the 
paid week selected for audit), excluding overpayments for improper 
payments caused by another State's workforce agency.
    The amounts coded in h5 include overpayment codes 10, 11, 12, 13, 
and 15 in data element ei2 (Key Week Action). Overpayments attributable 
to a State workforce agency other than the State agency that selected 
and audited the payment are excluded (Prior Agency Action (data element 
ei6) codes 90 to 99).
     Total Underpayment Amount for Key Week (BAM data element 
h6)--defines the amount underpaid to the claimant in the key week, 
excluding underpayments for improper payments caused by another State's 
workforce agency.
    The amounts coded in h6 include underpayment codes 20, 21, and 22 
in data element ei2 (Key Week Action). Underpayments attributable to a 
State workforce agency other than the State agency that selected and 
audited the payment are excluded (Prior Agency Action (data element 
ei6) codes 90 to 99).
     Original Amount Paid (BAM data element f13)--defines the 
amount paid to the claimant in key week.
    The Annual Report overpayment (OP) rate is the estimate of:

    [GRAPHIC] [TIFF OMITTED] TN13FE12.001
    

    It is derived from the weekly BAM samples; each week's sample 
result is weighted by the number of paid UI weeks in the BAM survey 
population.
    The Annual Report underpayment (UP) rate is the estimate of:

    [GRAPHIC] [TIFF OMITTED] TN13FE12.002
    


[[Page 7606]]


    It is derived from the weekly BAM samples; each week's sample 
result is weighted by the number of paid UI weeks in the BAM survey 
population.
    The improper payment (IP) rate (expressed as a percentage) is the 
sum of the Annual Report overpayment rate plus the underpayment rate:

    IP = OP + UP.

    Information on the BAM program is available at http://oui.doleta.gov/unemploy/bqc.asp.
    Performance Period: The performance period would be based on BAM 
data for the CY. Per the BAM State Operations Handbook (ET Handbook 
395, 5th edition), 95 percent of BAM cases must be completed within 90 
days after the week ending date of the BAM sampling week (referred to 
as a batch), and 98 percent of BAM cases for the CY must be completed 
within 120 days after December 31. The first measurement period would 
be January 1, 2012, to December 29, 2012 (end date of the last BAM 
sampling batch in 2012).
    Sampling Error: Because this measure would be based on sample data, 
the sampling error of the estimated BAM improper payment rate would be 
taken into account in determining whether a State meets its ALP. All 
estimates from samples are characterized as a distribution of values 
around the expected value of the universe. The sampling error is used 
to measure the variability of that distribution, and it is used to 
determine the probability that the value calculated from a particular 
sample drawn from a universe that meets an ALP may be below (or above) 
the true (universe) value.
    Failure to Meet the ALP: States failing to meet the ALP would be 
expected to develop a Corrective Action Plan as part of the SQSP. 
Failures to attain an ALP in the first measurement period would be 
addressed in the 2014 SQSP (OMB No. 1205-0132, Expiration Date 10/31/
2014).
    Data Collection Costs: Because the performance measure would use 
data collected through the BAM survey, there would be no data 
collection start-up costs for this performance measure.

III. Proposed UI Overpayment Recovery Measure Definition and ALP

    Measure Definition: OMB Issuance of Revised Parts I and II to 
Appendix C of OMB Circular A-123 [Part 1(B)(3)] defines the recovery 
rate as ``the amount of improper overpayments recovered divided by the 
amount of improper overpayments identified.'' This ratio will be 
expressed as a percentage.
    ALP: The Department conducted an analysis of the UI recovery data 
and has established recovery targets of 64 percent in FY 2012 and 72 
percent in FY 2013. These targets were reviewed by OMB and published in 
the Department's AFR, p 125. Attachment B outlines the methodology. The 
Department will use this methodology to compute future recovery targets 
based on the most recent recovery and other performance data available. 
State performance data for the period October 1, 2010, through 
September 30, 2011, the most recent 12-month reporting period 
available, are provided in Attachment C.
    Calculation: The measure would be calculated from ETA Overpayment 
Detection and Recovery reports (ETA 227 and ETA 227 EUC):
     Total Overpayments Recovered--section C, the sum of line 
302, columns 11, 12, 13, 14, 22, and 23.
     Total Overpayments Established Minus Overpayments Waived--
section A, the sum of line 101, columns 4, 5, and 21, and line 103, 
columns 4, 5, and 21, minus section C, the sum of line 308, columns 13, 
14, and 23.

[GRAPHIC] [TIFF OMITTED] TN13FE12.003


    Performance Period: The performance period would be based on the 
ETA 227 and ETA 227 EUC data for the CY. Per the Unemployment Insurance 
Reports Handbook (ET Handbook 401, 4th edition), the December quarter 
ETA 227 reports are due February 1. The first measurement period would 
be January 1, 2012, to December 31, 2012.
    Sampling Error: Not applicable; this measure would be based on 
population data reported on the ETA 227 reports.
    Failure to Meet the ALP: States failing to meet the ALP would be 
expected to develop a Corrective Action Plan as part of the SQSP. 
Failures to meet the CY 2012 target will be addressed in the 2014 SQSP 
(OMB No. 1205-0132, Expiration Date 10/31/2014).
    Data Collection Costs: Because the performance measure would use 
data collected through the ETA 227 and ETA 227 EUC reports, there would 
be no data collection start-up costs for this performance measure.

Attachment A

                                     Unemployment Insurance Integrity Rates
                                              [From: CY 2010 QTR 3]
                                               [To: CY 2011 QTR 2]
----------------------------------------------------------------------------------------------------------------
                                                                                   Annual report   Under payment
                       ST                           Amount paid    IPIA  (OP+UP)       rate            rate
                                                                     (percent)       (percent)       (percent)
----------------------------------------------------------------------------------------------------------------
AK..............................................    $187,793,437           13.06           12.01            1.05
AL..............................................     423,475,745           24.38           24.15             .24
AR..............................................     404,922,070           12.59           12.43             .16
AZ..............................................     612,311,633           21.70           21.52             .18
CA..............................................   7,878,548,634            6.28            5.78             .51
CO..............................................     759,225,578           16.84           16.13             .71
CT..............................................     910,540,113            6.62            5.64             .98
DC..............................................     173,907,643            7.05            6.26             .78
DE..............................................     130,506,869           11.07            9.35            1.72
FL..............................................   1,981,338,921            8.36            8.09             .27
GA..............................................   1,051,141,752            5.36            5.05             .31
HI..............................................     308,105,469            3.62            3.29             .32

[[Page 7607]]

 
IA..............................................     517,702,648           14.37           12.70            1.67
ID..............................................     244,089,005            9.60            9.52             .08
IL..............................................   2,614,374,425           14.91           13.49            1.42
IN..............................................     950,389,758           60.33           59.90             .42
KS..............................................     460,373,464            3.64            3.61             .02
KY..............................................     574,241,696            8.42            7.95             .47
LA..............................................     356,969,426           32.95           31.46            1.49
MA..............................................   1,808,499,194            5.54            4.20            1.34
MD..............................................     864,135,379           10.83           10.74             .09
ME..............................................     198,708,529           17.76           16.97             .78
MI..............................................   1,608,631,516           11.91           11.40             .51
MN..............................................   1,040,046,493           10.72           10.25             .47
MO..............................................     722,648,523            8.26            7.73             .54
MS..............................................     234,393,333           13.73           13.15             .58
MT..............................................     155,810,976           11.45           10.41            1.03
NC..............................................   1,564,424,194           10.66           10.42             .24
ND..............................................      66,158,178           11.87           11.30             .57
NE..............................................     161,824,757           16.46           15.94             .52
NH..............................................     123,301,707            8.07            6.84            1.23
NJ..............................................   2,770,764,470           12.51           10.86            1.65
NM..............................................     270,220,624           22.71           21.83             .88
NV..............................................     642,558,333            9.17            8.77             .40
NY..............................................   3,760,176,447            7.39            6.99             .40
OH..............................................   1,491,641,475           20.95           19.42            1.53
OK..............................................     347,057,290            6.61            6.14             .47
OR..............................................     884,638,346           12.13           11.80             .32
PA..............................................   3,329,117,904           11.82           11.24             .58
PR..............................................     265,690,172           10.06            8.73            1.33
RI..............................................     289,317,413            6.06            5.65             .41
SC..............................................     486,351,866           17.94           17.72             .22
SD..............................................      43,851,969           17.12           16.69             .43
TN..............................................     539,350,249           17.92           17.77             .15
TX..............................................   2,548,344,654           12.54           12.00             .54
UT..............................................     331,290,619           10.99           10.43             .56
VA..............................................     692,676,373           16.73           16.57             .16
VT..............................................     131,581,881            5.63            5.25             .38
WA..............................................   1,509,672,386           15.71           15.52             .19
WI..............................................   1,154,698,728           12.73           12.37             .36
WV..............................................     217,742,942            5.52            5.01             .51
WY..............................................      97,180,931            9.42            8.96             .47
----------------------------------------------------------------------------------------------------------------
Notes: 1. Amount paid includes State UI, UCFE, and UCX payments.
2. Rates exclude agency errors by States other than the sampling State.
Source: Benefit Accuracy Measurement.
Prepared by: ETA Office of Unemployment Insurance on 18 Jan 12.

Attachment B

Methodology for Establishing Recovery Targets

Background

    As required by the IPERA implementing guidance, ETA has 
developed UI overpayment recovery targets for FY 2011, FY 2012 and 
FY 2013. According to Part I(B)(3) of OMB's IPERA guidelines, 
``Issuance of Revised Parts I and II to Appendix C of OMB Circular 
A-123'' (April 14, 2011):

[A]ll agencies are required to establish annual targets for their 
payment recapture audit programs that will drive their annual 
performance. The targets shall be based on the rate of recovery 
(i.e., amount of improper overpayments recovered divided by the 
amount of improper overpayments identified).

Methodology

    The UI recovery targets involve aggregating overpayments 
established and recovered under three UI program areas: State UI, 
permanent Extended Benefits (EB) and the temporary Emergency 
Unemployment Compensation (EUC) programs. Recoveries are made using 
the traditional tools available to States in addition to the Federal 
Tax Offset Program (TOP), implemented by only three States as of the 
date of the analysis. The recovery targets reflect separate 
methodologies for projecting recoveries or recovery rates for (a) 
State UI plus EB recoveries obtained using traditional tools; (b) 
recoveries of EUC overpayments made using traditional tools; and (c) 
recoveries of State UI, EB, and EUC overpayments through TOP. 
Administration economic assumptions as of the time of the analysis 
were taken into consideration for all projections.
    a. Traditional State UI and EB recoveries. Recovery estimates 
for this segment are based on statistical (regression) models that 
use the historical establishment and recovery data reported on the 
ETA 227 report to project recoveries for State UI and EB 
overpayments. The models estimate the relationships between UI 
overpayments established and recovered for the State UI and EB 
programs based on several explanatory variables, including the 
amount of State UI and EB unemployment compensation (UC) program 
benefit payments, the Total Unemployment Rate (TUR), the overpayment 
balances available for collection, and the amount of EB program 
payments as a percentage of total UC benefits paid. The TUR, 
produced by the Department of Labor, Bureau of Labor Statistics, is 
used as the primary economic indicator of overall labor market 
conditions. UI overpayment recovery targets for FY 2011

[[Page 7608]]

were projected for the full FY based on actual performance data for 
the first three quarters. Model projections for FY 2012 and FY 2013 
were based on the Administration's economic assumptions for the TUR 
and projections of UI and EB payments based on those assumptions. 
Estimates for FY 2012 and FY 2013 reflect TOP recoveries to the 
extent that those recoveries reduce overpayment balances available 
for collection by standard State recovery techniques, for example, 
recovery through cash, UI benefit offset, liens, wage garnishment, 
etc. These models exclude EUC establishments and recoveries because 
EUC is a temporary program without sufficient historical data.
    b. TOP Recoveries. In 2008, State workforce agencies gained 
access to TOP to recover UI fraud overpayments that were not more 
than 10 years old. In December 2010, new legislation expanded TOP 
access to include nonfraud overpayments resulting from claimants' 
failures to report earnings and removed the 10-year limit on the 
debt. During FY 2011, three States--New York, Michigan, and 
Wisconsin--began participating in TOP, and data on their recoveries 
are reported by the U. S. Department of the Treasury. Projections of 
amounts recovered through TOP are based on the rates of TOP 
recoveries in these three States relative to the uncollected 
overpayment balance data from the ETA 227 report and fraud 
overpayments that the States wrote off as uncollectable before they 
gained access to TOP. At the beginning of FY 2011, States had 
uncollected fraud overpayment balances of approximately $3.2 
billion, of which about $360 million was amounts written off during 
the past 10 years. Projected national totals for TOP for the country 
as a whole are based on very preliminary estimates of the rate at 
which States begin to access TOP.
    c. EUC Recoveries. The recovery targets also take into account 
overpayment establishments and recoveries contributed by the EUC 
program. It is assumed that EUC overpayment establishments and 
recoveries will continue into FY 2013 and that collections through 
traditional techniques and TOP will be based on the amount of 
unrecovered EUC overpayments. The rates reflect existing information 
on amounts established and recovered reported on the ETA 227 EUC 
report. Existing data show that EUC recovery rates are considerably 
lower than State UI and EB recovery rates.

Targets

    The following table summarizes the UI overpayment recovery rate 
targets, rounded down to the nearest integer. The UI recovery rates 
are constructed by dividing UI overpayment recoveries reported on 
the ETA 227 UI/EB and EUC reports by overpayments established, minus 
overpayments waived because they are unrecoverable under State law 
or policy. The sharp increase in recovery targets for FY 2012 and FY 
2013 reflects the expected impact of the TOP program.

------------------------------------------------------------------------
                                                         UI + EB + EUC
                                                         including TOP
                         FY                              (Adjusted for
                                                           Waivers)
------------------------------------------------------------------------
2011................................................                 45%
2012................................................                 64%
2013................................................                 72%
------------------------------------------------------------------------

    These targets are based on the following assumptions:
     The TUR and State UI/EB outlays will not differ 
significantly from the Administration assumptions in the FY 2012 
Budget Midsession Review. The TUR is projected as part of the 
Administration economic assumptions, and ETA forecasts UI and EB 
outlays based on the TUR and other economic assumptions. Because 
amounts of overpayments made, established, and recovered are highly 
sensitive to economic conditions, any significant change in these 
economic assumptions will affect the recovery rate estimates of the 
model.
     Recovery activity for overpayments established for the 
EUC program is expected to continue into FY 2013 with residual 
recoveries for overpayments established after the expiration of the 
EUC program.
     State agencies will begin to participate in TOP 
according to the adoption path reflected in the model. Based on 
Treasury information on State plans for adopting TOP and 
implementation status, the model assumes that by the end of FY 2011 
three States will have enrolled in TOP; by the end of FY 2012, 26 
States will participate; and by the end of FY 2013 and beyond, 49 
States will participate. The implementation model is quarterly 
because data from the first three States suggest that over 95 
percent of recoveries by TOP occur in the first or second calendar 
quarters, so the calendar quarter during which a State begins to 
participate in TOP is critical for estimates of first-year 
recoveries. Changes in the TOP implementation schedule will have a 
significant impact on recovery rates.
    It is important to note that these estimates are based on actual 
counts of UI overpayments identified and recovered by the State 
agencies and reported on the ETA 227 reports for the FY 1986 to the 
third quarter of FY 2011 period, not the estimated UI overpayment 
rates and amounts that are reported in the Department's AFR for the 
IPIA, which are based on the results of the BAM audits of paid 
claims samples. Targets are also adjusted to exclude overpayments 
that are waived as unrecoverable by State agencies, according to the 
definition in the UI Reports Handbook (ET Handbook 401, 4th 
edition).
    Additionally, although these targets were developed using 
historical FY counts of UI overpayments identified and recovered as 
reported on the ETA 227, they may be applied to a calendar year 
measurement cycle. As actual data on recoveries accumulate--driven 
largely by the rate at which States implement TOP--the out-year 
targets are likely to be revised.

Attachment C

                                 State UI Overpayments Established and Recovered
                                          [October 2010-September 2011]
----------------------------------------------------------------------------------------------------------------
                                     UI + EB + EUC       UI + EB + EUC       UI + EB + EUC
               ST                    overpayments        adjusted OPs        overpayments          Pct. rec.
                                      established         established          recovered           (percent)
----------------------------------------------------------------------------------------------------------------
AK..............................         $10,786,946         $10,786,946          $4,926,536               45.67
AL..............................          43,289,401          43,109,121          10,989,706               25.49
AR..............................          15,834,291          15,535,040           3,548,631               22.84
AZ..............................          49,972,545          49,153,663          17,927,220               36.47
CA..............................         355,671,845         319,473,699          88,802,967               27.80
CO..............................          68,391,997          61,271,197          29,375,647               47.94
CT..............................          24,034,518          23,869,538           9,940,414               41.64
DC..............................          12,220,616          12,202,781           3,673,039               30.10
DE..............................           8,965,003           8,935,039           4,552,476               50.95
FL..............................         147,623,645         145,775,041          44,571,895               30.58
GA..............................          23,231,700          22,569,632           8,087,146               35.83
HI..............................           2,770,116           2,357,971           1,435,108               60.86
IA..............................          15,843,340          15,754,367           9,341,187               59.29
ID..............................          15,065,271          14,128,402           7,303,007               51.69
IL..............................         182,087,681         182,087,681          70,338,632               38.63
IN..............................          42,788,522          42,788,522          26,348,519               61.58
KS..............................          34,676,662          34,144,019          10,576,328               30.98
KY..............................          19,160,015          19,160,015           8,310,033               43.37
LA..............................          26,509,327          25,299,358           7,617,548               30.11
MA..............................          52,507,008          49,520,685          19,786,563               39.96

[[Page 7609]]

 
MD..............................          74,634,081          73,857,637          24,762,560               33.53
ME..............................          11,251,820          10,473,860           4,290,528               40.96
MI..............................         159,904,300         154,893,349          46,695,875               30.15
MN..............................          78,107,121          78,107,121          34,172,193               43.75
MO..............................          43,124,208          43,124,208          17,194,165               39.87
MS..............................          24,647,373          24,647,373          10,327,401               41.90
MT..............................           8,315,543           8,243,443           3,282,896               39.82
NC..............................          29,499,484          26,206,623          13,432,770               51.26
ND..............................           2,829,616           2,819,461           1,590,573               56.41
NE..............................           9,203,878           9,203,878           6,117,042               66.46
NH..............................           8,765,741           6,758,020           2,106,741               31.17
NJ..............................         217,078,665         216,569,050         173,289,168               80.02
NM..............................          26,144,403          26,144,403           7,695,583               29.43
NV..............................          79,263,713          75,184,087          11,304,039               15.04
NY..............................         173,450,225         136,332,802         119,837,684               87.90
OH..............................         110,977,907         110,839,890          40,467,585               36.51
OK..............................          13,589,431          13,589,431           6,334,034               46.61
OR..............................          52,034,282          43,226,825          15,972,461               36.95
PA..............................         179,666,995         178,969,168          71,342,580               39.86
PR..............................           9,015,270           9,015,270           4,352,634               48.28
RI..............................          12,555,567          11,690,902           4,753,249               40.66
SC..............................          42,786,170          42,315,788          18,882,525               44.62
SD..............................           2,598,766           2,511,814           1,280,515               50.98
TN..............................          26,502,776          25,426,645           9,965,361               39.19
TX..............................         200,713,633         193,763,711          83,402,654               43.04
UT..............................          24,886,880          24,659,843          11,568,309               46.91
VA..............................          37,941,504          37,941,504          15,385,906               40.55
VT..............................           3,181,382           2,097,223             917,377               43.74
WA..............................         144,933,042         137,873,967          71,128,301               51.59
WI..............................          81,590,555          78,734,237          53,254,357               67.64
WV..............................           8,231,348           8,231,348           3,020,124               36.69
WY..............................           6,047,490           5,741,420           2,155,330               37.54
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Notes: 1. UI includes State UI, UCFE, and UCX overpayments.
2. Overpayments established exclude overpayments waived.
Source: ETA 227 and ETA 227 EUC Reports.
Prepared by Div. of Performance Management on: 18 Jan 12.


    Signed in Washington, DC, this 2nd day of February, 2012.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2012-3252 Filed 2-10-12; 8:45 am]
BILLING CODE 4510-FW-P