IB Subcommittee Meeting May 12-13, 2015 Baltimore, Maryland

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1 IB Subcommittee Meeting May 12-13, 2015 Baltimore, Maryland 1

2 UI Program Initiatives UI Reengineering Remote Monitoring/National Reviews Paperless DD-214 Initiative UCFE Automation Project Federal Directory Modernization Re-Employment Tracking 2

3 Recent Guidance TEN 8-14 Reengineering Unemployment Insurance (UI) Benefits Program Accountability TEN Pre-Implementation Planning Checklist for UI IT Modernization TEN Release and Availability of Comparison of State UI Laws

4 Recent Guidance cont. UIPL Procedures for Completing and Publishing UI Benefit Accuracy Measurement (BAM) Data for Improper Payment Information Act (IPIA) Reporting Year 2015 UIPL Guidelines for FY15 State UI Resource Allocations, Supplemental Budget Requests and Above- Base Funding UIPL UI Reemployment Services and Eligibility Assessment Grants UIPL Minimum DUA WBA 4

5 Upcoming Guidance UIPL: Merit Staffing Requirements Reminds states of merit-staffing requirements TEN: State Responsibilities for Ensuring Access to Unemployment Insurance Benefits To help states comply with statutory and regulatory obligations to ensure access to the Unemployment Insurance (UI) program and its benefits, services, and information. TEN: Intent to release State Level Detail of Advance Claims in Weekly Claims News Release ETA 538 5

6 Upcoming Guidance cont. UIPL: Planning Guidance for FY 2016 UI SQSP Initiate the SQSP Process State use of Debit Cards for payment Provides additional guidance on required and recommended permissible and prohibited debit card features. Supplemental Funding Opportunities Announces grants that are available for prevention and detection of improper payments, performance improvement and IT infrastructure upgrades. UIPL 27-06: UCX Q&A, Change 1 This will revise several questions, specifically on the affidavit process and when states can use orders. 6

7 Upcoming Training/Meetings Unemployment Insurance Profiling Methods Training Seminar (May 19-22, DC) Benefit Accuracy Measurement Supervisor Training (June 15-19, DC) National Association of Unemployment Appellate Professionals (June 23-26, DC, TEN 27-14) 7

8 Questions? Contact Information Stephanie Garcia US Department of Labor

9 Interstate Benefits (IB)/ Combined Wage Claims (CWC) 9

10 IB/CWC Updates DOL Questions and Answers from IB Subcommittee Delaware Remote Initial Claims Accepting all except UCX and UCFE. Testing now. California Issues EB Charge Discrepancy with Kentucky IB4 Wage/Name Differences 10

11 IB/CWC Updates cont. ETA Handbook 392 Interstate Benefits In Progress, projected draft date 4 th 2015 ETA Handbook 399 Combined Wage Claims 4th Quarter

12 CWC Re-adjudication UIPL 20 CFR 616.8(a) The paying state shall apply all the provisions of its law to each determination made hereunder, except that the paying State may not determine an issue which has previously been adjudicated by a transferring State. Such exception shall not apply, however, if the transferring State s determination of the issue resulted in making the Combined-Wage Claim possible under 20 CFR 616.7(b)(2). 12

13 CWC Re-adjudication cont. 20 CFR 616.7(b)(2) The claimant s rights to such benefits have been postponed for an indefinite period or for the entire period for in which benefits would otherwise be payable. 13

14 CWC Re-adjudication cont. What does this mean? If the transferring state determines an issue, and its determination results in an indefinite disqualification, the new paying state may adjudicate the issue. Otherwise, the new paying state must accept the transferring state s determination on the previously adjudicated issue if wages from the transferring state will be used to establish the CWC in the new paying state, and there has been no change in employment. 14

15 Questions? Contact Information Corey Pitts US Department of Labor

16 Unemployment Compensation for Federal Civilian Employees (UCFE)/ Unemployment Compensation for Ex-Servicemen (UCX) 16

17 UCFE Q&A s from 2014 UI IB and Federal Program Training Conference Federal Furloughs Due to the 2013 Shutdown 1. A number of Federal Agencies disregarded the UCFE instructions to notify the states of back wage awards for each claimant. How does DOL plan to rectify this for the next federal shutdown? Provide training and information to Federal agencies to help them understand their responsibilities Unique challenges presented to all parties involved No upfront guarantee backpay will be awarded when the government reopens 17

18 CONT D (Federal Furloughs Due to the 2013 Shutdown) UIPL No , Change 2 notified the UI system that the Continuing Appropriations Act, 2014 deemed furloughed federal employees to be in pay status during the furlough. As such, most states canceled UCFE claims filed during the government shutdown and/or issued determinations of denials. If and when another federal government shutdown occurs, appropriate guidance will be issued. 18

19 Duty Station for UCFE Claims 1. Is there a section of law, regulation, UIPL, etc., that definitively states that employers decide where a claimant s duty station is located? Definition for Official Station is found at 20 CFR 609.2(k) and reads as follows: Official station means the State (or country, if outside the United States) designated on a Federal employee's notification of personnel action terminating the individual's Federal civilian service (SF-50 or its equivalent) as the individual's duty station. (Continued) 19

20 CONT D (Duty Station for UCFE Claims) If SF-50 or equivalent does not specify the duty station, the official station shall be the State or country designated under name and location of employing office. Further 20 CFR 609.8(b) and UIPL No discuss assignment of federal service and wages. The UCFE regulations and UIPL No are based on 5 USC 8504 and have been interpreted by the Department to indicate that the federal employer designates the duty station. 20

21 Federal Agency Visits 1. Are states still expected to perform Federal Agency visits? What is the current expectation? Federal agency visits are encouraged but are not mandatory 2. In lieu of doing physical visits/audits, are states permitted to contact employers in their states in other ways (newsletters, regional meetings, etc.)? Yes. States may contact federal employers through whatever methods the state deems feasible, accessible and cost effective. 21

22 Other UCFE Questions 1. Does DOL keep federal agencies informed about UCFE? Attempts are made to keep federal agencies informed about UCFE via the following methods: Periodic training sessions, most recently, conducted remotely via Webinars along with direct communications Guidance transmitted by the Office of Personnel Management (OPM). * Due to staff turnover and other resource issues, there is a need to continue ongoing training for federal staff. 22

23 UCFE Updates Who should states contact for FIC/Destination changes/requests? States should contact Cindy Le of the OUI National Office to request or make changes to FIC/Destination codes for Federal Agencies OUI National Office does verify the information prior to updating the ICON Directory Changes to addresses or contact information can still be directed to Jeffery Haluska 23

24 UCFE Updates Cindy Le Cindy Le has been a Budget Analyst for ETA, Office of Unemployment Insurance (OUI) since Prior to OUI she was an accountant at the Office of Financial Administration for 5 years. Ms. Le is currently responsible for the UCFE/UCX billing and distributes cost for the TRA/RTAA benefits. Le.Cindy@Dol.Gov or (202)

25 UCFE Updates FEMA Reservists 20 CFR 609.8(b) states, an individual s Federal civilian service and Federal wages shall be assigned to the State in which the individual had his/her last official duty station prior to filing a first claim. Employers dictate the last official duty station See UIPL for more information If an individual disagrees with what FEMA states is the last official duty station, the State should advise the individual to contact their employer to resolve the issue If there is an error regarding the SF-50, states can contact Jeffery Haluska at the USDOL to investigate with FEMA 25

26 UCX Updates Monthly meetings with military branches, which is led by LTCDR Patti Tutalo, appointed to the position by the Coast Guard In these meetings, we discuss ongoing issues military branches are having with claims, billing, MSDES, etc. If you are having an issue regarding UCX and the military branches, contact Jeffery Haluska, who will escalate the issue in the UCX monthly meeting 26

27 UCX Updates Acceptable List of Narrative Reasons LTCDR Patti Tutalo is currently working with the military branches and their clearance process to finalize a revised list of acceptable narrative reasons Once it is signed off, it needs to be reviewed by DOL and it will go through our clearance process, which includes ETLS (our legislative division) 27

28 UCX Update Military Compensation and Retirement Modernization Commission (MCRMC) There is a proposal currently being prepared for the White House to revise 5 U.S.C. Chapter 85, Subchapter II, which governs unemployment insurance for ex- Service members to prevent individuals receiving housing stipend benefits under the Post-9/11 GI Bill from simultaneously receiving unemployment benefits. 28

29 Questions? Contact Information Jeffery Haluska US Department of Labor