[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33773-33774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13836]


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DEPARTMENT OF LABOR

Employment and Training Administration


Announcement Regarding States Triggering ``On'' or ``Off'' in the 
Emergency Unemployment Compensation 2008 (EUC08) Program and the 
Federal-State Extended Benefits (EB) Program

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: Announcement regarding states triggering ``on'' or ``off'' in 
the Emergency Unemployment Compensation 2008 (EUC08) program and the 
Federal-State Extended Benefits (EB) Program.
    The U.S. Department of Labor (Department) produces trigger notices 
indicating which states qualify for both EB and EUC08 benefits, and 
provides the beginning and ending dates of payable periods for each 
qualifying state. The trigger notices covering state eligibility for 
these programs can be found at: http://ows.doleta.gov/unemploy/claims_arch.asp.
    The following changes have occurred since the publication of the 
last notice regarding states' EB and EUC08 trigger status:
     Based on data released by the Bureau of Labor Statistics 
on May 18, 2012, the District of Columbia, New York, and West Virginia 
no longer meet one of the criteria to remain ``on'' in EB, i.e., having 
their current three month average, seasonally adjusted total 
unemployment rate be at least 110% of one of the rates from a 
comparable prior period in one of the three prior years. This triggers 
these states ``off'' EB and the end of the payable period for these 
states in the EB program will be the week ending June 9, 2012.
     Based on data released by the Bureau of Labor Statistics 
on May 18, 2012, the three month average, seasonally adjusted total 
unemployment rate in Idaho fell below the 8.0% trigger threshold 
required to remain ``on'' in a high unemployment period (HUP) within 
the EB program. Claimants in this state will remain eligible for up to 
20 weeks of benefits through June 9, 2012, but starting June 10, 2012, 
the maximum potential entitlement in the EB program for this state will 
decrease from 20 weeks to 13 weeks.
     Based on data released by the Bureau of Labor Statistics 
on May 18, 2012, the estimated three month average, seasonally adjusted 
total unemployment rate for New York rose

[[Page 33774]]

to meet the 8.5% trigger threshold to trigger ``on'' in Tier 4 of the 
EUC 2008 program. The 13 week mandatory ``on'' period in New York for 
Tier 4 of the EUC program will begin June 4, 2012. As a result, the 
current maximum potential entitlement in the EUC program will increase 
from 47 weeks to 53 weeks.
     States that are triggered ``on'' to Tier 4 of the EUC08 
program, but not triggered ``on'' to EB, may be eligible to augment the 
entitlement for new Tier 4 claimants with a maximum potential duration 
of 16 weeks. This ability to augment the entitlement of new Tier 4 
claimants concluded with the week ending May 26, 2012. Starting May 27, 
2012, all claimants exhausting Tier 3 who establish entitlement in Tier 
4 will only be eligible for up to 6 weeks of benefits. Claimants who 
had previously been augmented with 16 weeks of benefits can continue to 
draw those benefits. States currently affected by this provision are 
Arizona, California, Florida, Georgia, Illinois, Kentucky, Michigan, 
Mississippi, North Carolina, Oregon, Puerto Rico, and South Carolina.
    Under Public Law 112-96, the current total unemployment rate 
trigger thresholds used to establish state eligibility for the tiers of 
EUC are scheduled to change. Currently, and through the week ending May 
26, 2012, Tiers 1 and 2 do not require any specific TUR trigger rate, 
Tier 3 requires a 6% TUR trigger rate and Tier 4 requires an 8.5% TUR 
trigger rate. The current trigger notices reflect state eligibility 
under these TUR trigger rate thresholds. With the week beginning May 
27, the following changes will take effect:
     Tier 1 will continue to be open to all claimants with EUC 
eligibility, with no changes.
     Tier 2 will require states to have at least a 6% TUR 
trigger rate.
     Tier 3 will require states to have at least a 7% TUR 
trigger rate.
     Tier 4 will require states to have at least a 9% TUR 
trigger rate.
    Because new unemployment rates will not be released by the Bureau 
of Labor Statistics before May 27, when Public Law 112-96 causes 
changes in the rates necessary to be ``on'' in certain Tiers of EUC, 
states can now know with certainty if they will have an ``off'' 
indicator in a Tier of EUC with the week ending June 2.
     States that will be below the rate necessary to remain on 
in Tier 2 under the new 6% trigger threshold are: IA, MN, NE., NH, ND, 
OK, SD, UT, VT, VA, and WY. These states will have an ``off'' indicator 
in EUC Tier 2 with the week ending June 2, 2012. The week ending June 
23, 2012 will be the last week in which EUC claimants in those states 
could exhaust Tier 1 and establish eligibility in Tier 2. Under the 
phase-out provisions, claimants could receive any remaining entitlement 
they have in Tier 2 after June 23, 2012.
     States that will be below the rate necessary to remain on 
in Tier 3 under the new 7% trigger threshold are: DE, HI, KS, MD, MA, 
MT, WV, and WI. These states will have an ``off'' indicator in EUC Tier 
3 with the week ending June 2, 2012. The week ending June 23, 2012 will 
be the last week in which EUC claimants in those states could exhaust 
Tier 2 and establish eligibility in Tier 3. Under the phase-out 
provisions, claimants could receive any remaining entitlement they have 
in Tier 3 after June 23, 2012.
     States that will be below the rate necessary to remain on 
in Tier 4 under the new 9% trigger threshold are: AZ, IL, KY, MI, and 
OR. These states will have an ``off'' indicator in EUC Tier 4 with the 
week ending June 2, 2012. The week ending June 23, 2012 will be the 
last week in which EUC claimants in those states could exhaust Tier 3 
and establish eligibility in Tier 4. Under the phase-out provisions, 
claimants could receive any remaining entitlement they have in Tier 4 
after June 23, 2012.

Information for Claimants

    The duration of benefits payable in the EUC08 program, and the 
terms and conditions under which they are payable, are governed by 
Public Laws 110-252, 110-449, 111-5, 111-92, 111-118, 111-144, 111-157, 
111-205, 111-312, 112-96, and the operating instructions issued to the 
states by the Department. The duration of benefits payable in the EB 
program, and the terms and conditions on which they are payable, are 
governed by the Federal-State Extended Unemployment Compensation Act of 
1970, as amended, and the operating instructions issued to the states 
by the Department.
    In the case of a state concluding an EB period, the State Workforce 
Agency will furnish a written notice of any change in potential 
entitlement to each individual who had established eligibility for EB 
(20 CFR 615.13 (c)(4)). Persons who believe they may be entitled to 
benefits under the EB or EUC08 programs, or who wish to inquire about 
their rights under the program, should contact their State Workforce 
Agency.

FOR FURTHER INFORMATION CONTACT: Scott Gibbons, U.S. Department of 
Labor, Employment and Training Administration, Office of Unemployment 
Insurance, 200 Constitution Avenue NW., Frances Perkins Bldg. Room S-
4524, Washington, DC 20210, telephone number (202) 693-3008 (this is 
not a toll-free number) or by email: [email protected].

    Signed in Washington, DC, this 31st day of May, 2012.
Jane Oates,
Assistant Secretary for Employment and Training.
[FR Doc. 2012-13836 Filed 6-6-12; 8:45 am]
BILLING CODE 4510-FW-P