This booklet was prepared to help inform you of your rights and responsibilities for benefits available under the Trade Act of 1974, as amended. It will answer many of the questions that you may have while filing for these benefits.
This booklet is for your general information. It is not intended to be a statement of the official Trade Act or of the Pennsylvania Unemployment Compensation (UC) Law. The statements are merely a brief description of the procedures and requirements under the law. If after reading this booklet you have any questions, contact the nearest Pennsylvania CareerLink® or UC Service Center.
The benefits described in this booklet apply only to petitions received by the U.S. Department of Labor as follows:
This program is administered by the U.S. Department of Labor's Employment and Training Administration through the Pennsylvania Department of Labor & Industry, under the provisions of the
Trade Act of 1974, as amended under the Trade Act of 2002 and Reversion 2014.
You may also qualify to receive reemployment benefits, such as training or job search and relocation allowances. Additionally, weekly
Trade Readjustment Allowances (TRA) may be payable to you, if you qualify, following the exhaustion of your state and federal
Unemployment Compensation (UC) benefits.
Information on TAA reemployment services and UC programs are available on the Pennsylvania Department of Labor & Industry's website at www.uc.pa.gov.
The petition form (in English and Spanish) is also available on the U.S. Department of Labor's website at:
or may be filed electronically at
. TAA petitions must be filed with the U.S. Department of Labor's (USDOL), Division of Trade Adjustment Assistance in Washington, DC. If you file by mail or by fax, a copy must also be sent to the Federal Programs Unit in Harrisburg, Pennsylvania.
After a copy of the petition is received by the Pennsylvania Department of Labor & Industry, workers will be provided rapid response and basic readjustment services available under other federal laws, if they have not already been provided.
Tip: When a petition is filed by three workers, each worker's separation date from the affected company should be no earlier than one year prior to the date the workers sign the petition.
Incomplete or expired petition forms may be considered invalid and returned to the petitioner(s).
If a petition has not been filed, you should obtain the petition form and follow all instructions regarding properly filing the petition.
Certification and Impact Date
The Division of Trade Adjustment Assistance will review the petition and issue a certification or denial of certification. Their review includes whether:
- Your company or subdivision produces an "article";
- Increased imports were an important cause of a significant number or proportion of the total or partial separations, or threatened separations, in your particular company or subdivision;
- There was a shift in production to a foreign country that has a free trade agreement with the United States or is included under certain trade-promotion acts (a list of such countries is available on the
U.S. Department of Labor's website); or
- There was a shift in production to another country and there exists an actual or prospective increase of imports of like or directly competitive products.
Your company or subdivision may also be covered under the TAA Program if it is
secondarily affected. It may be considered secondarily affected if it supplies components to a firm whose workers are primarily affected (see prior paragraph), or your company performs additional, value-added production and finishing operations for a firm whose workers are
If an affirmative finding is made, your company or subdivision is certified as having group eligibility to apply for program benefits. The certification will establish an
impact date. The impact date cannot begin more than one year prior to the filing date of the petition. The certification may set a
termination date which identifies the date that the adverse effect ceased. If there is no termination date, the certification will expire two years from the date it is issued. Only workers who have had a total or partial separation due to lack of work from certified employment
on or after the impact date and
before the termination or expiration date are eligible to
apply for program benefits. A total separation is a layoff lasting seven or more consecutive days. A partial separation means that you had your hours of work and wages reduced to 80 percent or less of your average weekly hours and wages.
If you were not separated from certified employment during the period covered under the certification, or the petition was denied certification, but you feel that you qualify for benefits, you have appeal rights that are explained in the "Appeal Rights
Applying for a Determination of Entitlement to TAA Benefits
When you are informed by the U.S. Department of Labor, the Pennsylvania Department of Labor & Industry, your employer or union, or any other source (e.g., newspaper, radio, television, etc.), that your group has been certified as eligible to apply for TAA, you must
contact the UC Service Center if you wish to apply to receive any benefits available under the TAA Program. You must apply for a determination on your overall entitlement to TAA benefits. This determination will indicate whether you are entitled to apply for reemployment benefits (which include training, job search allowances, and relocation allowances) and TRA. You must apply for entitlement to TRA benefits within a reasonable period of time after publication that a petition has been certified.
Applying for Each TAA Benefit
You will also need to make a separate application for each TAA benefit you are interested in receiving, but your applications cannot be approved until you are first determined to be entitled to apply for TAA benefits (see preceding section).
Your applications for each benefit must be filed by the deadlines for application established by law and regulation for each benefit, even if you are awaiting your entitlement determination, claiming state or federal unemployment benefits, or if you return to work.
IMPORTANT: If you intend to claim cash TRA payments, you may need to be enrolled in approved training by the 8th or 16th week deadline
(reference Important Deadlines
You must also apply for the benefit
before you begin the activity and
allow enough time for the review and processing of your application. There are different qualifying requirements for reemployment benefits than there are for TRA. Information on the benefits available, the qualifying requirements, and the deadlines for application for each benefit are found in this booklet. More information is also available at your Pennsylvania CareerLink® or by contacting a UC Service Center. The Pennsylvania Department of Labor & Industry will determine your overall entitlement to TAA and your eligibility for each TAA benefit in accordance with the provisions of the Trade Act of 1974, as amended under the Trade Act of 2002 and Reversion 2014.
- Apply for TAA entitlement
- File separate applications for each benefit
- Apply on time
- Apply before you begin the activity
- Allow time for the processing of your application
The Trade Act provides for a variety of reemployment benefits. In Pennsylvania, these benefits are provided through your local Pennsylvania CareerLink®. You must apply separately for each of the following reemployment benefits:
- Job Search Allowances
- Relocation Allowances
- Funded Training
You may receive TAA reemployment benefits even while claiming state or federal unemployment benefits. You are not required to establish a claim for TRA to receive TAA reemployment benefits or other reemployment services.
Other reemployment benefits
may be available to you.
If you have a job interview for suitable employment, a job search allowance of up to a maximum of $1,250 may be payable to you to cover a portion of the necessary job search expenses. Ninety (90) percent of your costs of transportation, lodging, and meals that are not payable or reimbursable from any other source may be paid at amounts set by applicable federal regulations if you:
- Have been totally separated from adversely-affected employment,
- Cannot be reasonably expected to secure employment in the commuting area in which you reside and have a reasonable expectation of obtaining suitable employment of long term duration in the area of job search, and
Meet the filing deadline by filing your application for a job search allowance
before the later of the
after the certification of the petition under which you are a covered worker, or the
after your most recent total separation from adversely-affected employment covered by the petition, or the
after the concluding date of your TAA-approved training package.
You may apply for a job search allowance at any time after you are totally or partially separated, whether or not a petition covering you has been certified. However, you must:
totally separated and apply for the job search allowance
before you begin the job search,
- Be registered with the Pennsylvania CareerLink® for reemployment services, and
- Complete your job search within 30 days by obtaining employment or contacting each employer to which you were referred in connection with the job search.
Job search allowances cannot be approved until after you are covered under a certification.
In order to be paid, you must provide the Pennsylvania CareerLink® with required certifications and receipts. Additional restrictions concerning job search allowances are provided in federal regulations. Contact a Pennsylvania CareerLink® for additional information Monday through Friday from 8:30 a.m. until 4:00 p.m. To find the Pennsylvania CareerLink® nearest you, access their website at
; select "Search for Service Locations." You may also refer to your local telephone directory under State Government, Department of Labor & Industry, PA CareerLink®.
A relocation allowance may be payable to you to cover a portion of the costs associated with relocating you, your family, and your household effects upon obtaining new suitable employment outside your commuting area. A lump sum payment equal to three times your average weekly wage, not to exceed $1250, and 90 percent of reasonable and necessary relocation expenses (transportation, lodging, meals, expenses for moving household goods and personal effects) which are not payable or reimbursable from any other source, may be paid at amounts set by applicable federal regulations, if:
- You have been totally separated from adversely-affected employment at the time relocation commences,
- You cannot be reasonably expected to secure suitable employment in the commuting area in which you reside, and you have obtained suitable employment affording a reasonable expectation of employment of long-term duration, or a bona fide offer of such suitable employment, outside the commuting area and in the area of intended relocation,
- You have not previously received a relocation allowance under the same petition,
- Another family member has not already received a relocation allowance with respect to this same relocation,
- You are relocating within the United States and outside of your present commuting area,
- You begin and complete your relocation within a reasonable period of time,
- You are registered with the Pennsylvania CareerLink® for reemployment services, and
You meet the filing deadline by filing your application for a relocation allowance
before the later of the
after the certification of the petition under which you are a covered worker, or the
after your most recent total separation from adversely-affected employment covered by the petition, or the
after the concluding date of your TAA-approved training.
You may apply for a relocation allowance at any time after you are totally or partially separated, whether or not a petition covering you has been certified. However, you must be totally separated and apply for the relocation allowance before the relocation begins. You must begin your relocation within
182 days after the date of application for the relocation allowance, or
182 days after the conclusion of your approved training. The allowances cannot be approved until after you are covered under a certification.
In order to be paid, you must provide the Pennsylvania CareerLink® with required certifications and receipts. Additional restrictions concerning relocation allowances are provided in federal regulations. Contact your Pennsylvania CareerLink® for additional information.
suitable employment is not available you may be eligible for Trade Act-funded training.
Act quickly to discuss your goals with your Pennsylvania CareerLink® representatives. They can advise you on the employment outlook for workers with different job skills, help you decide what kind of work is best suited to your aptitudes and interests, and tell you about opportunities for funded training.
Eligibility requirements for several TAA benefits refer to the term
suitable employment, which is work of a substantially equal or higher skill level than the worker's past adversely-affected employment, and wages for such work at not less than 80 percent of the worker's average weekly wage, in the past adversely-affected employment.
Funded training opportunities may include on the job, remedial, vocational, technical, trade-related, community college, or college programs; however, training programs must be FULL TIME.
Under the Trade Act of 2002, training may not exceed 104 weeks or 130 weeks if you require remedial training. Under Reversion 2014, training may not exceed 130 weeks.
You are entitled to only one training program under a single certification. Under certain circumstances, you may also be eligible for payments to help cover the costs of subsistence and transportation.
All training must be approved
before incurring any of the costs or actually beginning training. Approval of training is subject to the availability of federal Trade Act funding.
To be approved for funded training, the following requirements must be met:
- You were not previously determined entitled to a training program under the same certification,
- You must be an adversely-affected worker at the time you apply,
- You must be determined to be entitled to TAA reemployment benefits,
- You must have no suitable employment available to you,
- You must benefit from appropriate training,
- There must be a reasonable expectation of employment following completion of the training,
- Training must be reasonably available and generally within commuting distance,
- You must be qualified to undertake and complete the training, and
- The training must be suitable and available at a reasonable cost.
A training program may be approved only if you show that you have the financial resources to undertake and complete the training, including if your training period exceeds your remaining weeks of UC and TRA payments.
IMPORTANT: You might not be eligible for weekly UC or TRA to cover the entire period of your training.
Therefore, in order to be able to receive income support for as much of the time period while attending training, it may be to your advantage to apply for training as soon as you believe you may be covered by a petition, or early in your regular unemployment claim (see also "Important Deadlines"
basic weeks of TRA under the TAA Program can only be made if you meet one of these four deadlines:
- Be enrolled in a Trade Act-approved training program by end of the
8th week after the week in which the petition was certified, or, if later, by the end of the
16th week after your most recent qualifying separation from the affected employment and attend all scheduled training and make satisfying progress, or
- Apply for and have been issued a written certification by the Pennsylvania Department of Labor & Industry waiving the training enrollment requirement by the later of the
8th or 16th week enrollment deadline, or
- Be enrolled in a Trade Act-approved training program by not later than the Monday following a waiver's expiration or revocation or apply for and be issued a
written renewal waiver before the original waiver expires or has been revoked, or
- Have completed a Trade Act-approved training program.
If you do not meet this requirement, you will not qualify for any further weekly TRA benefits under the TAA Program. The
8th or 16th week
enrollment deadline may be extended up to
PLEASE NOTE: The deadline to enroll in approved training or to obtain the written waiver may occur while you are still claiming UC benefits.
Further, in order to receive
of TRA under the TAA program (see "Additional Trade Readjustment Allowances"
), you must make a bona fide application for training within
after the date the petition under which you are covered is certified by the U.S. Department of Labor, or within
of your most recent separation from adversely-affected employment covered by the petition certification, whichever is later. You will automatically meet this requirement if you are enrolled in training by the
8th or 16th
week enrollment deadline.
However, if you are issued a waiver of the enrollment in training requirement, you must still meet the
210-day application requirement
in order to be eligible for additional weeks, even if the waiver later expires or is revoked and you enroll in training by the deadline specified in the waiver or revocation.
Trade Readjustment Allowances
Trade Readjustment Allowances (TRA) are weekly cash benefits payable to eligible workers. You may apply for TRA by contacting a UC Service Center. However,
you can only be paid TRA for weeks beginning more than 60 days after the date that your petition was filed. You
cannot be paid TRA if you have entitlement to other state or federal unemployment for the same week, or are serving an unemployment waiting period.
To qualify for TRA benefits, you must:
- Be an adversely-affected worker covered by a certified petition.
- Be separated from certified employment due to lack of work.
- Be totally or partially separated from certified employment on or after the impact (beginning) date and before the termination or expiration (ending) date of the certification before your application for TRA.
- Be entitled to unemployment benefits based on your total or partial separation, or have entitlement to unemployment for a week within the benefit period in which your total or partial separation took place (or you would have been entitled to benefits if you had applied for them).
total separation is necessary to establish a 104-week eligibility period - weeks during which basic TRA may be paid (see "Eligibility Period for Basic TRA Benefits").
- Have worked and earned wages in certified employment of $30 or more a week, in at least 26 of the 52 weeks ending with the week of your separation.
Note: Under certain circumstances, up to 26 weeks of compensable disability (workers' compensation) or weeks on call up for active duty in a reserve status in the Armed Forces, or up to 7 weeks of employer authorized leave or service as a full-time representative of a labor organization at your firm or subdivision, may be counted as part of the 26 weeks needed to qualify.
- Be enrolled in a Trade Act-approved training program by:
end of the 8th week* after the week in which the petition was certified; or
end of the 16th week* after your most recent total separation due to lack of work from the affected employment during the certification period for which you also met the requirements of paragraph 5 above; or
- The Monday following the week in which the waiver of the training enrollment requirement expires or otherwise has been revoked.
Note: This enrollment requirement
must be met to qualify for any weekly TRA benefits under the TAA Program, unless you have applied for and received a waiver in writing from the Pennsylvania CareerLink®,
before the enrollment deadline.
Enrolled in training means that you have:
- Completed all necessary forms and applications for training;
- Been accepted by a training facility; and
- Your training has been approved by the TCS Unit in Harrisburg to begin within 30 days.
*These deadlines to be enrolled in training may be extended for up to 45 days only if there are certain extenuating circumstances that delay your enrollment. Requests for extensions must be completed in writing on the form provided, and must be submitted to and approved by the TCS Unit in Harrisburg.
- Be actively seeking, applying for and accepting work within your capabilities, and reporting your active work search efforts to the UC Service Center as required, while claiming benefits under the waiver of the training program or after completion of an approved training program; and
- Not have state or federal unemployment benefits payable to you (or an unexpired waiting period) for the same week, including unemployment benefits from any state, Railroad Unemployment Insurance (RRUI), UC for Ex-Service-members (UCX), UC for Federal Civilian Employees (UCFE), Extended Benefits (EB),
or any other federal unemployment benefits such as Emergency Unemployment Compensation (EUC).
Note: If you begin to receive TRA and re-qualify for a subsequent UC claim or any other unemployment benefits before exhausting your maximum TRA benefit amount, your TRA benefits must be suspended until your UC or other benefits are exhausted. Your TRA benefits will be suspended even if your new UC weekly benefit rate is less than your weekly TRA benefit rate.
The enrollment-in-training deadline may be waived only if enrollment in training is not feasible or appropriate for one or more of the following reasons:
- You have been notified that you will be recalled by the firm from which your separation occurred.*
- You possess marketable skills for suitable employment and there is a reasonable expectation of employment at equivalent wages in the foreseeable future.*
- You are within two years of meeting all requirements for entitlement to either old-age insurance benefits under Title II of the Social Security Act or a private pension sponsored by an employer or labor organization.*
*These waivers are NOT available under Reversion 2014.
- You are unable to participate in training due to your health. (This does not exempt you from requirements relating to the availability for work, active search for work, or refusal to accept work under federal or state unemployment compensation laws.)
- The first available enrollment date for approved training is within 60 days after the issued date of the waiver, or, if later, there are extenuating circumstances for the delay in enrollment.
- Training is not reasonably available, suitable training at a reasonable cost is not available, or training funds are not available.
You must apply for and be issued a waiver, at a Pennsylvania CareerLink®
before the 8 or 16-week enrollment deadline. Waivers are issued in
writing only and state an
expiration date. Waivers are valid for not more than six months from the date issued. If you are given a waiver, it is
your responsibility to enroll in Trade Act-approved training as required or obtain a written renewal of the waiver
before the waiver expires or is revoked.
If a waiver expires, without renewal, you will
lose eligibility for TRA benefits
unless you are enrolled in approved training by the Monday following the expiration date.
If the basis of a waiver is no longer applicable, you will be notified in writing that the waiver is revoked. You should contact the Pennsylvania CareerLink® immediately.
If you obtain work before the enrollment deadline, and there is any possibility that a future separation will not meet the
, you should apply for and obtain a waiver before the 8 or 16-week deadline, or a renewal waiver before the expiration date of the waiver.
General Weekly Requirements
For claim weeks after you file your initial TRA application, you must file within the same time limits required under state UC law. You must meet other eligibility requirement similar to state UC law, such as being unemployed, able and available to work, complying with reporting requirements, and reporting all work and earnings for each TRA claim week.
Basic Trade Readjustment Allowances
Amount of Basic TRA Benefits
Your basic TRA weekly benefit rate will be the same as the weekly benefit rate payable on the UC claim in effect at the time of, or which followed, your first total or partial separation due to lack of work from the affected employment during the certification period for which you also met the requirements of paragraph 4 in the prior section on Trade Readjustment Allowances "Qualifying Requirements
Your weekly benefit rate will be reduced by certain training allowances and income deductible under the provisions of applicable state or federal law. (See section on "Deductions from TRA Benefits
The maximum amount of basic TRA payable to you is 52 times your basic TRA weekly benefit rate. However, all of your entitlement to state and federal unemployment benefits (e.g., UC, EB, RRUI, UCX, UCFE or EUC) in your first benefit period will be deducted from this amount. Examples:
- A worker was entitled to 26 weeks of UC at the weekly benefit rate of $200 ($5,200). The maximum amount of basic TRA payable is 52 times the weekly benefit rate of $200 ($10,400). Subtracting $5,200 from $10,400 leaves this worker with a basic TRA maximum benefit amount of $5,200.
- A worker was entitled of 26 weeks of UC, followed by 13 weeks of EUC at the weekly benefit rate of $200 ($5,200 + $2,600 = $7,800). The maximum amount of the basic TRA payable is 52 times the weekly benefit rate of $200 ($10,400). Subtracting $7,800 from $10,400 leaves this worker with a basic TRA maximum benefit amount of $2,600.
Entitlement to unemployment benefits under a subsequently established unemployment application does not reduce weekly or maximum TRA entitlement. However, your unemployment benefit entitlement must have ended before any TRA can be paid. If you re-qualify for unemployment benefits even if at a lower weekly benefit rate, you may not collect TRA until that entitlement has ended. For more information, please refer to the
UC Handbook (UCP-1)
available from a UC Service Center.
Eligibility Period for Basic TRA Benefits
The eligibility period for basic TRA benefits is the 104-week period beginning with the Sunday after your most recent total separation due to lack of work from the affected employment during the certification period for which you also met the requirements of paragraph 5 in the prior section on Trade Readjustment Allowances "Qualifying Requirements
". In order to receive TRA, you must claim and be otherwise eligible for weeks occurring within the eligibility period.
Deductions from TRA Benefits
The following will reduce your weekly TRA entitlement:
- Any income deductible from unemployment benefits under the Pennsylvania UC Law is deductible from TRA benefits. Deductible income may include wages, vacation pay, holiday pay, and pensions or annuities, earned or received during the week claimed;
- Enforced child support obligations for which the Pennsylvania Department of Labor & Industry has received a court order or a withholding agreement;
- The amount of certain other training allowances you receive, such as Veterans Educational Assistance;
- A state weekly percentage reduction, if required by Pennsylvania law; and
- A federal weekly percentage reduction, if required by federal law.
Withholding for Federal Taxes
TRA benefits are considered
taxable income for federal income tax purposes and are reported in the calendar year in which the benefits are paid, regardless of when the claim for benefits was filed. It is your responsibility to determine if you will owe tax on these benefits.
You will be mailed Form UC-1099G in January for any unemployment benefits, including TRA, paid in the prior tax year.
Automatic deduction of federal withholding tax from TRA benefits is available. If you had elected automatic deduction of federal withholding tax on any prior UC claim, the deduction will continue for your TRA claim unless you elect to discontinue this option. See the booklet
UCP-1, Pennsylvania Unemployment Compensation Handbook
, for additional information on federal taxation of benefits.
Additional Trade Readjustment Allowances
Additional TRA benefits are weekly benefits payable to eligible workers to assist the worker in completing a TAA-approved training program. You may be entitled to up to 52 (65)* weeks of additional TRA benefits at the same weekly benefit rate as your basic TRA weekly benefit rate if you are still in training and have no more "basic weeks" of TRA, or other state or federal unemployment compensation payable to you.
IMPORTANT - In order to be eligible for additional TRA, you must make a bona fide application for training at a Pennsylvania CareerLink®:
- Within 210 days after the date the petition under which you are covered is certified by the U.S Department of Labor; or
- Within 210 days after your most recent total or partial separation from adversely-affected employment covered by the petition certification, whichever is later.
You will automatically meet this requirement if you are enrolled in training by the 8th or 16th week deadlines, including an extension, as explained in the previous section. However,
if you are issued a waiver of the enrollment in training requirement that expires or is later revoked, you must still meet the 210-day application requirement, in order to be eligible for additional TRA, even if you are enrolled in training by the deadline specified in the waiver or revocation.
Additional TRA benefits are payable during the
additional TRA eligibility period. Your additional TRA eligibility period is the 52 (78)* consecutive weeks immediately following the week in which your basic TRA entitlement expires. However, if your approved training does not begin until after your basic TRA entitlement has ended, your 52 (78)*–week additional TRA eligibility period begins with the week you enter Trade Act-approved training. You may be paid additional TRA benefits only for weeks during which you are participating in Trade Act-approved training.
You may receive fewer than 52 (65)* full weeks of additional TRA benefits if you:
- Complete your approved training prior to claiming the maximum number of weeks;
- Are ineligible for any such week(s) because you are not participating in training or have a break in training that exceeds 30 days;
- Become eligible for another state or federal unemployment benefit claim; or
- Your additional eligibility period ends prior to claiming the maximum number of weeks.
Additional TRA is subject to the same deductions and federal income taxes as basic TRA as explained in the previous section.
The ending date of your additional TRA eligibility period
cannot be extended, even though you may not have completed your approved training, or did not receive benefits for, or were not eligible for, one or more weeks during the eligibility period. Entitlement to other federal unemployment compensation benefits may affect when your additional TRA eligibility period begins or ends.
*Note: Under the Trade Act of 2002, you may receive a maximum of 52 weeks of additional TRA in a 52–week eligibility period. Under Reversion 2014, you may receive a maximum of 65 weeks of additional TRA in a 78–week eligibility period.
Completion Trade Readjustment Allowances
| (Under Reversion 2014)|
Completion TRA is another weekly benefit available to eligible workers to assist the worker in completing a TAA-approved training program. It provides up to 13 more weeks of income support for a worker who has exhausted Additional TRA and requires a longer period of income support to complete an approved training program. To be eligible for a week of Completion TRA, all of the following criteria must be met:
- The requested weeks are necessary for the worker to complete a training program that leads to completion of approved training; and
- The worker is participating in training in each such week; and
- The worker has substantially met certain performance benchmarks established in the approved training plan; and
- The worker is expected to continue to make progress toward the completion of the approved training; and
- The worker will be able to complete the training during the period authorized for receipt of Completion TRA.
The eligibility period for Completion TRA will be the 20–week period beginning with the first week in which a worker files a claim for Completion TRA.
Remedial Training ad Additional Trade Readjustment Allowances
| (Under the Trade Act of 2002)|
If remedial education was part of your approved TAA training package, you may be entitled to up to a further 26 weeks of remedial TRA benefits. You may be paid TRA benefits only for the weeks in your 26–week remedial TRA eligibility period for which you meet all other eligibility criteria. You may receive fewer weeks of benefits for reasons similar to those for additional TRA (see preceding section).
Paymnent of Basic and Additional TRA During Breaks in Training
If you are enrolled in Trade Act-approved training and there is a break in the training program, you may be paid TRA benefits during the break in training only if:
- The break in training is a scheduled break, published in the schedule of the training institution or indicated in the approved training program;
- You are participating in the training program immediately before the beginning of the break and immediately after the end of the break; and
- The duration of the break does not exceed 30 calendar days (excluding Saturdays, Sundays, and state or national holidays, if training would not have ordinarily occurred on such days).
- If training is scheduled for a portion of a week at the beginning or ending of a break in training, and you attend all scheduled training classes and activities, you may be paid benefits for these weeks, regardless of whether the break is a scheduled break or exceeds 30 days. However, you may not be paid benefits for weeks in which no training classes or other training activities are scheduled unless the break in training meets requirements stated above.
Note: While enrolled in training, you cannot qualify for TRA benefits by completing a weekly work search in lieu of meeting the above requirements during a break in training.
Job Prospects Classification
If you are not enrolled in Trade Act-approved training, and if you have no definite job prospects or do not have a recall date to begin work within four weeks, you must apply for and accept work within your capabilities, provided:
- The work pays at least the higher of the state or federal minimum wage and exceeds your TRA weekly benefit amount plus the amount of any supplemental unemployment benefit you receive; and
- The work offered is listed with the Pennsylvania CareerLink®, or offered to you in writing by the employer. If in training, the effect an offered job will have on your training will be considered.
Weekly Work Search Requirements
If you have completed TAA-approved training after your TRA qualifying separation, or have been granted a waiver of the TAA training program requirements, you must conduct a weekly active work search. If you have not already done so, you must go to the Pennsylvania CareerLink®
and click on "Register as a Job Seeker."
Your work search consists of two parts. You must complete both parts each week.
For purposes of the weekly work search requirement, jobs are divided into two categories;
- Category A – jobs that offer employment and wages similar to what you had before you became unemployed, and are within a 45-minute commute.
- Category B – jobs that offer suitable work, but may not offer similar employment and wages and may be more than 45 minutes from home.
You may decide whether you want to search for jobs in Category A or B. What you must do to satisfy Part 1 depends on which category you choose.
| If you want to limit your work search to jobs in
Category A, follow these instructions:|| If you want to search for jobs in
Category B, follow these instructions:|
| You must apply for at least 2 jobs each week.|| You must apply for at least 2 jobs each week.|
| However, if limiting your work search to jobs in Category A prevents you from applying for at least 2 jobs in any week, you must satisfy Part 1 for that week by meeting alternative requirements.|| |
If you apply for only one job in Category A, you must:
- Apply for another job in Category B, or
- Engage in a work search activity from the list below.
If you are unable to apply for any jobs in Category A, you must:
- Apply for 2 other jobs in Category B, or
- Engage in 2 work search activities from the list below, or
- Apply for 1 other job in Category B and engage in 1 work search activity from the list below.
| You may apply for a job in person, or by mail, phone or electronic transmission, by submitting a job application or résumé to the employer, or by following a hiring procedure established by the employer. A repeated application for the same job is not acceptable unless there is a reasonable basis to believe that the employer's hiring circumstances have changed.|
You must engage in at least 1 work search activity each week from the list below to satisfy Part 2, even if you already did 1 or 2 of these activities to satisfy Part 1.
WORK SEARCH ACTIVITIES
- Attend a job fair
- Search positions posted on the PA CareerLink® system or Internet job banks
- Create or post a résumé in the PA CareerLink® system or post a résumé in other résumé-posting services
- Contact colleagues, former coworkers or other individuals in similar professions or occupations to make known your availability for employment or obtain information about available positions, prospective employers or other employment opportunities
- Utilize an employment agency, employment registry or school placement service
- Take a civil service test or other pre-employment test
- Participate in a program or activity offered through the Pennsylvania CareerLink® System
Out-of-State Claimants: You may participate in these types of activities offered by the state employment service that serves your local labor market.
The weekly work search requirement, or both the registration requirement and the weekly work search requirement, will not apply to a week if you satisfy one of the following exemptions for the week:
Workers whose petition for adjustment assistance has been denied by the U.S. Department of Labor may:
If you receive a determination regarding your TAA benefits from the Pennsylvania Department of Labor & Industry that you believe contains an error (e.g. determinations regarding your eligibility period, weekly and maximum benefit rate, or entitlement to TAA or eligibility to one or more benefits), you may:
Whenever you have a fact-finding interview or appeal a decision concerning your eligibility for benefits, you have the right to be represented by a lawyer or other person if you so desire. If you cannot afford a lawyer, you may contact your local Legal Aid Society or Legal Service agency, or you may take a friend or witness with you to help present the facts.
If you are determined to have been paid any benefit payment under the Trade Act to which you were not entitled, you will be required to repay that full amount unless a waiver of the repayment is requested and granted.
Unless the overpayment is waived or otherwise repaid, it will be recovered by deductions from any amount payable to you under:
If it is determined that an overpayment resulted from your knowingly making a false statement or misrepresentation of a material fact, you may be determined
ineligible to receive any further benefits under the Trade Adjustment Assistance Program.
Generally, the state in which you were first separated and established an unemployment benefit claim as a result of your separation from adversely-affected employment is the state
(liable state) that will determine your eligibility for TAA benefits and will issue payments for TRA benefits and TAA job search and relocation allowances. However, the state in which you reside is generally the state that will procure and pay the costs of approved training.
Applications for training approval should be filed with the state workforce agency in the state of your residence, which will coordinate your eligibility determination with the other state.
If you reside out of state and Pennsylvania is the state liable for payment of your TRA benefits and TAA job search and relocation allowances, your eligibility for TRA will be determined and payments issued by the UC Service Center. If you have any questions about a Pennsylvania interstate claim, you may telephone: 888-313-7284.
Your eligibility for TAA job search, relocation and training allowances will be determined by the Pennsylvania TCS Unit. If you have any questions about these TAA reemployment benefits, you may contact:
The Trade Act of 2002 and Reversion Act 2014 include additional benefits for petitions that were certified for
Alternative Trade Adjustment Assistance (ATAA). ATAA provides assistance to eligible Trade-affected workers aged 50 or older who obtain new employment that pays less than their Trade-affected employment.
Workers who choose to receive ATAA payments will forfeit eligibility for TAA job search allowances, funded training, and TRA. Workers will maintain eligibility for relocation allowances.
Workers who receive TAA job search allowances, funded training, or TRA will forfeit eligibility for ATAA.
For more information, contact a Pennsylvania CareerLink®.