[wiaattorneys] Re: Trade Act training Question

  • From: "Jordan, Sam" <SJordan@xxxxxxxx>
  • To: <jpomerantz@xxxxxxxxxxx>, <wiaattorneys@xxxxxxxxxxxxx>
  • Date: Tue, 12 Apr 2005 12:50:37 -0400

We had the following situation in one of our areas a while back 
Subject: TAA/Work Experience<?xml:namespace prefix = o ns = 
"urn:schemas-microsoft-com:office:office" />

Okay, I have a good scenario for you:   We have a client who is TAA/WIA 
approved.  He has exhausted his initial UI money and is on a waiver now 
receiving TRA money and benefits.  He is on the fence about receiving TAA 
approved training because he wants to continue his education but feels like he 
may not be able to afford it.  So, his Workforce Specialist talked with him 
about a Work Experience program that we have.  He would go on the job to gain 
work experience for up to 12 weeks with a company.  He would be paid out of WIA 
money at $7.50 an hour, with no taxes, for the time he is on the job.  We 
understand that he would have to show income but - is at Work Experience 
considered a TAA approved training?  This would allow him to keep his benefits 
under TRA and earn some income while training and gaining valuable work 
experience.  I know he needs to make the best decision for himself and his 
family and the decision lies with him but he doesn't want to be without his 
benefits in case the job doesn't turn into permanent employment or he has a 
hard time finding a job after the 12 week Work Experience is over.  I would 
like to get a clarification on this for future reference and so we can inform 
our TAA representative.  The ESC TAA rep is currently telling clients NOT to 
take Work Experience opportunities because it will mess up their benefits.

.....................and this is what our regional DOL staff told us.


(1) The client cannot draw TRA while he is on work experience.  The $7.50 would 
have to be reported. When the work experience ends, the client can go back on 
TRA benefits for "lack of work".


(2)  He will not be eligible for HCTC (health care tax credit benefits).


(3)  He will be eligible to apply for TAA training at the end of the work 
experience but the weeks that he has already drawn on TRA will be deducted.


(4)  The work experience would not be considered "TAA Approved Training".  "TAA 
Approved Training" is provided at "no cost" to the client.


(5)   His status as to being on a waiver would be revoked, therefore, he would 
"not" have to look for work while he is on work experience.


Hope some of the above helps.

Samuel "Sam" R. Jordan, Director 
State Workforce Investment Administrative Department (SWIAD) 
South Carolina Employment Security Commission 
P. O. Box 1406 
Columbia, South Carolina 29202 

Telephone (803) 737-2611 
Cell (803) 463-9266 
Fax (803) 737-2119 

 -----Original Message-----
From: wiaattorneys-bounce@xxxxxxxxxxxxx 
[mailto:wiaattorneys-bounce@xxxxxxxxxxxxx]On Behalf Of Pomerantz, Jane C. 
Sent: Tuesday, April 12, 2005 11:12 AM
To: wiaattorneys@xxxxxxxxxxxxx
Cc: Sauder, Lisa M. (GC-LI)
Subject: [wiaattorneys] Trade Act training Question

Have any of you who are involved with Trade Act dealt with the following issue? 

We are getting questions, from the field  relating to individuals in TAA 
approved training programs that include periods of time of paid "work 
experience" embedded in the training.   Are these claimants eligible for UC 
and/or TRA during these weeks of paid work experience?  Is this part of the 
"training" or "other scheduled activities", or would these individuals be 
ineligible for these weeks (even if only working a limited number of hours) for 
the week under the prohibition of payments while on OJT?  

Do you see any other issues and solutions? 

Thanks JP 

Jane C. Pomerantz 
Deputy Chief Counsel 
Department of Labor & Industry 
Phone: 717-787-4186 
Fax:     717-787-1303 

Wisdom is knowing the right road to take. 
Integrity is taking it. 

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