U.S. DEPARTMENT OF LABOR
Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

 

CORRESPONDENCE SYMBOL

 

ISSUE DATE

October 10, 1993

RESCISSIONS

None

EXPIRATION DATE

December 31, 1993

DIRECTIVE

:

GENERAL ADMINISTRATION LETTER NO. 12-92, Change 2

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

Barbara Ann Farmer
Administrator for Regional Management

 

SUBJECT

:

Emergency Unemployment Compensation Act of 1991, As Amended by P.L. 103-6 (H.R. 920)

  1. Purpose: To provide amended operating instructions for States and State employment security agencies (SESAs) for the administration of the provisions of Title I of the "Emergency Unemployment Compensation Act of 1991", as amended by P.L. 103-6, which was signed in

  2. Contact: Questions should be directed to the appropriate Regional Office.

  3. References:  Title I of the Emergency Unemployment Compensation Act of 1991, P.L. 102-164, as amended by P.L.s 102-182, 102-244, 102-318, and the Emergency Unemployment Compensation Amendments of 1993, P.L. 103-6 (H.R. 920); the Federal-State Extended Unemployment Compensation Act of 1970 (FSEUCA) as amended; 20 CFR Part 615; GAL 12-92 and GAL 12-92, Change 1; GAL 7-93; UIPL 9-92 and Changes; the Trade Act of 1974 (19 U.S.C. 2271 et seq.); 20 CFR Part 617; and GAL 10-92.

  4. Background: Title I of the Emergency Unemployment Compensation Act of 1991 created the Emergency Unemployment Compensation (EUC) program. The EUC Act of 1991 has been amended several times including the amendments made by Section 2 of the Emergency Unemployment Compensation Amendments of 1993 (P.L. 103-6), which are applicable to weeks beginning after March 6, 1993. Effective upon enactment (March 4, 1993), Section 4 of P.L. 103-6 provides for establishing a program to profile new claimants under each State law for regular compensation (which includes compensation payable pursuant to 5 U.S.C. Chapter 85) to determine which claimants may be likely to exhaust regular compensation and may need reemployment assistance. Separate guidance will be issued at a later date to inform States and SESAs of the requirements and specifications of that program.

    The Employment and Training Administration (ETA) issued controlling guidance for the States and State agencies in the operating instructions in GAL 4-92, and 4 Changes thereto, for implementation and administration of the EUC program. These were all published in the Federal Register. Because of the number of changes due to the amendments, particularly the Unemployment Compensation Amendments of 1992 (P.L. 102-318 enacted July 3, 1992), and because of needed editorial corrections, the ETA issued a consolidation of the Attachments to GAL 4-92 in GAL 12-92, dated September 11, 1992. The compilation of the 5 separate documents in GAL 12-92 became the controlling guidance for the States and cooperating State agencies in the administration of the EUC program. GAL 12-92 was published in the Federal Register on November 16, 1992 at 57 FR 54106. GAL 12-92, Change 1, was issued on February 16, 1993, which provided operating instructions to the States and State agencies relative to the reports required under Attachment C to GAL 12-92, and that effective on or about February 16, 1993, the reports were to be submitted electronically rather than through the use of manually submitted forms. Appropriate changes to Attachment C, based on Change 1, are reflected in this Change 2.

    Under the amendments made by Section 2 of P.L. 103-6 to Title I of the EUC Act of 1991, the phase-out date of the EUC program is changed to October 2, 1993 and the termination date is changed to January 15, 1994. In addition, Section 2(c) of P.L. 103-6 amended Section 101(e)(1) of the EUC Act of 1991 to provide that the Governor's election (if State law permits) to trigger "off" an extended compensation period in order to provide payment of EUC is not applicable with respect to any extended compensation period beginning after October 2, 1993 (this was previously March 6, 1993). Section 5 of P.L. 103-6 provides the financing provisions to carry out the amendments made by Section 2.

    The operating instructions in GAL 12-92, GAL 12-92, Change 1, and this Change 2 (including Attachments A, B, and C) are issued to the States and cooperating State agencies and constitute the controlling guidance provided by the Department of Labor in its role as the principal in the EUC program. As agents of the United States, the States and cooperating State agencies may not vary from the operating instructions in GAL 12-92, GAL 12-92, Change 1, or this Change 2 (or any subsequent or supplemental operating instructions) without the prior approval of the Department of Labor.

  5. Attachment A--Changes to Operating Instructions: 

    1. In the Table of Contents, under Section III.C. (page 3), insert new topic line "8.", entitled "8. Suspension of Requirements" and designate page number "30.", and change the number of existing topic line "8." to "9.". (See the addition of new paragraph "8." in item "l." below.)

    2. In the Table of Contents, under Section III.L. (page 4), insert new topic line "7.", entitled "7. Suspension of Requirements" and designate page number "46.", and change the number of existing topic line "7." to "8.". (See the addition of new paragraph "7." in item "p." below.)

    3. On page 1 of Attachment A, change the heading of Section I. to read:

      "I. Section-by-Section Explanation of Title I of Public Law 102-164, as amended by Public Laws 102-182, 102-244, and 102- 318 and further amended by P.L. 103-6."

    4. In Sections I.B.5.a.(ii) and I.B.5.b. (pages 2 and 3), change the date of "March 6, 1993" to "October 2, 1993", each place it appears.

    5. In Section I.C.10., entitled,"Effective Dates." (page 7), change the date of "March 6, 1993" to "October 2, 1993" and the date of "June 19, 1993" to "January 15, 1994", each place such dates appear.

    6. In Section I.E. (page 8), add the following "NOTE" after paragraph 2., entitled "Authorization."

      "NOTE: Section 5 of P.L. 103-6 authorizes the payment of EUC benefits (for weeks of unemployment attributable to new claims filed after March 6, 1993) from general revenue funds to be included in the Department of Labor Appropriation Acts to be transferred to the "extended unemployment compensation account". The administrative funds for the extension of the program under P.L. 103-6 will be provided from the contingency reserves in the "State Unemployment Insurance and Employment Service Operations" appropriation. (See amendments made to Attachment B, Fiscal Instructions, and Attachment C, Reporting Instructions, by GAL 12-92, Change 2.)"

    7. In Section I.G.2.b. (page 10), change the date of "March 6, 1993" to "October 2, 1993".

    8. In Section III.A.1., the definition of "Act" (page 20), change the phrase after the citation to "Public Law 102-164," to read "as amended by Public Laws 102-182, 102-244, and 102-318, and further amended by P.L. 103-6."

    9. In Section III.A.3., the definition for "Period of Eligibility" (page 20), change the date of "March 6, 1993" to "October 2, 1993".

    10. In Section III.B. (page 22), change the date of "March 6, 1993" to "October 2, 1993" each place it appears, and change the date of "June 19, 1993" to "January 15, 1994".

    11. In Section III.C.3. (page 26), change the date of "March 6, 1993" to "October 2, 1993".

    12. In Section III.C. (page 30), renumber existing paragraph "8." as "9." and add the following new paragraph 8., entitled "8. Suspension of Requirements."

      "8. Suspension of Requirements.

      The provisions of paragraphs 5., 6., and 7., of this Section III.C., are suspended for weeks of unemployment beginning after March 6, 1993. In lieu thereof, provisions of State law applicable to claims for regular compensation shall apply. (See GAL 7-93 for specific actions required by States.)"

    13. In Section III.E.2.g. (page 34), change the date of "March 6, 1993" to "October 2, 1993" and change the date of "June 19, 1993" to "January 15, 1994", each place they appear.

    14. In Section III.E.4.b. (page 35), change the date of "March 6, 1993", to "October 2, 1993", each place it appears.

    15. In Section III.H.2.c. (page 39), add the following "NOTE" after the last paragraph:

      "NOTE: For weeks of unemployment beginning after March 6, 1993, liable States will apply the work search and suitable work requirements applicable to the payment of claims for regular compensation to EUC claims."

    16. In Section III.L. (page 46), renumber existing paragraph "7." as "8." and add the following new paragraph 7., entitled "7. Suspension of Requirements.".

      7. Suspension of Requirements.

      The provisions of paragraphs 4., 5. and 6. of this Section III.L. are suspended for weeks of unemployment beginning after March 6, 1993. State law job prospects classification, active search for work, suitable work and work registration provisions required of claimants for regular compensation will apply to EUC claimants."

    17. In Section IV (page 54), add the following new paragraph "D." after existing paragraph "C.".

      "D. The provisions of paragraphs A. and B., and the last sentence in paragraph C., do not apply to weeks of unemployment beginning after March 6, 1993. State law provisions for regular compensation concerning work registration, job prospects classification and work tests will be applicable to EUC claimants."

  6. Attachment B--Changes to Fiscal Instructions: 

    1. In the fourth paragraph of Section 1.a., add the following new sentence at the end:

      "Funds to pay EUC benefits authorized by P.L. 103-6 will be drawn from the Extended Unemployment Compensation Account (EUCA) in the Unemployment Trust Fund. Money in the EUCA will be derived from the Advances to the Unemployment Trust Fund and other funds appropriation."

    2. In the fifth paragraph of Section 1.a., replace the existing last sentence with the following:

      "However, States will be required to identify separately on the EUC ETA 2112, EUC payments for weeks of unemployment attributable to initial claims filed on or before July 4, 1992, weeks of unemployment attributable to initial claims filed after July 4, 1992 through March 6, 1993, and weeks of unemployment attributable to initial claims filed after March 6, 1993 so that charges to the appropriate sources of funds can be made. (See Attachment C, Reporting Instructions.)"

    3. At the end of the second paragraph of Section 1.b., add the following new sentence:

      "Funds to pay UI EUC administrative costs resulting from P.L. 103-6 are provided through the FY 1993 Labor/HHS Appropriations Act using the contingency reserve language in the State Unemployment Insurance and Employment Service Operations account."

    4. In Section 1.b, delete the last sentence in the fourth paragraph that begins with the word "States".

    5. In the last paragraph of Section 1.b., change the parenthetical phrase after the phrase "law changes" to read; "(e.g., P.L. 102-244, P.L. 102-318 and P.L. 103-6 (H.R. 920))". In addition, add the following phrase in the second sentence after the phrase "EUC claims" and before the phrase "will be computed":

    "and notification and reassessment of eligibility required by P.L. 102-318 of previously denied EUC claimants per guidance furnished in GAL 7-93".

    In addition, in the fourth sentence change the phrase "line 5" to read "line 13", and delete the fifth sentence that begins with the word "States".

  7. Attachment C--Changes to Reporting Instructions: 

    1. In the first paragraph of Section 1., replace the first, second and third sentences with the following new sentences:

      "Since February 16, 1993, data for the Emergency Unemployment Compensation (EUC) program for reports ETA 207, ETA 218, ETA 227, ETA 5130, ETA 5159 and ETA 2112 should be submitted electronically by utilizing separate EUC entry screens that are available through the UI electronic reporting system. Electronic submittal of EUC data for the ETA 539 will continue following the instructions provided in Section 2.g.."

    2. Replace all the instructions in Section 2.f., entitled "ETA 2112.", with the following new instructions:

    "f. ETA 2112. Data will be reported in the aggregate on the electronic regular ETA 2112 report. Amounts received as reimbursement from other States for EUC-CWC payments made prior to July 1, 1992, should be included on either line 24 or 25 in columns C and F.

    Total disbursements for EUC payments are to be included on line 39 in columns C and F.

    Because funding sources are different for the original program and each of the two extensions of the program, the disbursements for each must be separately reported. Breakouts of EUC disbursements are to be reported electronically on the separate EUC version of the ETA 2112 as follows:

    1. Net disbursements for weeks of unemployment attributable to new and additional initial claims filed on or before July 4, 1992. This amount is to be broken out into four categories: Regular, UCFE, UCX, and Other.

    2. Net disbursements for weeks of unemployment attributable to new initial claims filed after July 4, 1992 through March 6, 1993 and additional initial claims filed after July 4, 1992, which are associated with new initialclaims filed through March 6, 1993. Report the net totalamount only for this category.

    3. Net disbursements for weeks of unemployment attributable to new initial claims filed after March 6, 1993 and additional initial claims associated with new initialclaims filed after March 6, 1993. Report the net totalamount only for this category.

    NOTE: Residual activity from previous Federal emergency unemployment compensation programs must continue to be reported on line 39 of the regular ETA 2112 report and the amount must be noted in the comments section of the report."

  8. Action Required. SESA Administrators shall:

    1. Provide the above controlling guidance to appropriate staff.

    2. Issue a public notice in appropriate news media to announce the extension of the EUC program due to enactment of the Emergency Unemployment Compensation Amendments of 1993 (P.L. 103-6), which are applicable to weeks of unemployment beginning after March 6, 1993.

    3. Perform all other actions needed for proper payment of EUC to eligible individuals, including, but not limited to, notifying individuals who exhaust regular compensation with the week ending March 6, 1993 through the week ending September 25, 1993, of their potential EUC entitlement.

  9. Attachments: 
    See above text.