Technical Support and Oversight Questionnaire

Emergency Unemployment Compensation (EUC)

State Questionnaire

State:

Purpose: To review states’ implementation of the provisions of the Middle Class Tax Relief and Job Creation Act of 2012 (Act) related to the EUC Re-employment and Eligibility Services/Re-employment and Eligibility Assessment (RES/REA) requirements, EUC Work Search Requirements and Audit, and EUC program extension and modifications.

References: Unemployment Insurance Program Letter 04-10, Change 9; and Training and Employment Guidance Letter No. 20-11.

Instructions: Please answer the questions below in the WORD document and return as an attachment to an email by [RO insert due date]. Also, please include a copy of the following documents:

• Sample of the initial notice(s) sent to claimants announcing the new EUC work search and RES/REA requirements (Include all notices the state may have issued, i.e. one for work search and one describing the EUC RES/REA requirements for certain claimants, etc.).

• Sample of notice(s) sent to claimants to schedule EUC RES/REA services, orientation and work search review.

• Copy of the policy/guidance provided to Local Workforce Investment Boards (LWIBS)/One-Stop Career Centers and state UI workforce staff regarding the EUC RES/REA services.

• Copy of blank work search form provided to claimant, if applicable.

• Copy of UI law/regulation/policy describing the state’s work search requirements.

A. EUC WORK SEARCH and RES/REA REQUIREMENTS

I. Notifications to Claimants

1. When were initial notification letters sent to EUC RES/REA claimants announcing the new EUC work search and RES/REA requirements?

   1. If there were delays, please explain.

2. Describe the process used to advise claimants of the requirement to report for EUC RES/REA services.

   1. Are claimants advised that failure to report or participate in the required EUC RES/REA in the claimant notification may make them ineligible to receive EUC benefits? □ Yes □ No □ N/A

II. RES/REA General Questions

3. If the state had an existing REA program for claimants receiving regular UI prior to the new requirement for EUC RES/REA under the Middle Class Tax Relief and Job Creation Action of 2012 “(Act),” were any modifications made to the existing process to meet the new requirement? □ Yes □ No □ N/A

4. Which agency (UI or ES) was designated as the agency responsible for ensuring the EUC RES/REA activities are properly administered under the Act?

5. Describe the process for how EUC RES/REA claimants will be scheduled for services.

   1. Is (or was) there any backlog in scheduling? □ Yes □ No □ N/A

6. Do One-Stop Career Centers have access to UI screens/system? □ Yes □ No □ N/A

   1. If yes, is there staff available that can assist in the review (either from the One-Stop Career Centers or the Central UI office)? □ Yes □ No □ N/A

III. EUC RES/REA Activities

7. Explain the process for providing the following EUC RES/REA services.

   1. Providing labor market and career information

   2. Assessment of the individual’s skills

   3. Orientation to the services available through the One-Stop Centers

   4. A review of the eligibility of the individual for EUC relating to the job search activities (must be conducted in person see TEGL No. 20-11)

8. Has workforce system staff been crossed-training on UI issues? □ Yes □ No □ N/A

IV. Assessments/LMI and Orientation

9. Did the state prescribe any tools that the One-Stop Career Centers will use for the skills assessment and/or labor market information? □ Yes □ No □ N/A

   1. Describe in general what tools are used.

10. In general, how is the LMI information provided?

11. In general, how is the skills assessment provided?

12. In general, how/where is the One-Stop Career Center orientation held?

13. Is the state requiring or suggesting that the One-Stop Career Centers provide the following additional services (i.e., comprehensive and specialized assessments, individuals and group career counseling, training services, additional reemployment services, job search counseling and review of the individual reemployment plan, etc.)?
    □ Yes □ No □ N/A

    1. If yes, describe the additional services to be provided.

V. ES Registration

14. Describe the ES registration process in the state?

15. If a claimant fails to register, is the claim flagged and an issue created?
    □ Yes □ No □ N/A

16. Does the state allow good cause reasons for failing to register with ES?
    □ Yes □ No □ N/A

    1. If yes, describe the good cause reason (i.e., penalty for failure to register, and legal authority [law, rule, regulation, policy]) and attach a copy of the authority.

VII. EUC RES/REA Waivers

17. Describe the state’s process/policy for granting waivers?

    1. Provide a copy of the waiver instructions/policy, if applicable.

18. Who has the authority to approve waivers?

19. What types of waivers can be approved?

20. Describe the approval process.

21. If a waiver is granted, where/how is it maintained (i.e., scanned document, paper document, computer verification, etc.)?

22. What are the criteria for granting a waiver for claimants that are considered to be “job attached” (if applicable)?

    1. What does the state consider as job attached (i.e., a definite return to work date, working part-time as hired, etc.)?

VII. EUC RES/REA Reporting

23. In general, please describe the process used to gather and report EUC RES/REA activity from the One-Stop Career Centers.

    1. Provide a copy of the report used to report activity.

24. Has the state set up separate project and function codes for EUC RES/REA activities?
    □ Yes □ No □ N/A

    1. If yes, who in the agency charges time to these codes?

    2. If no, how does the state track the administrative funding (the $85 allowable expense) related to these EUC RES/REA activities?

B. WORK SEARCH AUDIT

1. Who is responsible for reviewing the work search log?

2. Describe where/how work search logs are maintained.

3. What is considered an approvable work search activity?

4. What is the minimum number of work search activities claimants are required to produce each week under the state’s policy?

5. How is the work search log reviewed during the EUC REA/RES interview?

6. How are work search issues (i.e., work search log is insufficient/non-compliant) determined?

7. How is UI informed of potential work search issues?

8. Describe the non-monetary penalty for failure to produce a satisfactory work search log.

   1. Are appeal rights granted? □ Yes □ No □ N/A

      1. If no, please explain.

9. How is the state addressing any potential UI issues concerning eligibility that arise during the work search review?

10. Describe how the state is conducting work search audits.

11. Describe how the state is verifying the method of work search presented by the claimant.

C. EUC MODIFICATIONS

I. Order of Payment

1. Is the state paying EUC prior to EB for all claimants? □ Yes □ No □ N/A

   1. If no or N/A, please explain.

2. If EB was paid prior to EUC prior to passage of the Act, what date did the state change to payments of EUC first as required by the Act (i.e., when did this become effective)?

   1. Did the state experience any programming problems when implementing this change? □ Yes □ No □ N/A

3. As required by the Act, is the state applying the same procedures for the recovery of a EUC overpayments as they do for regular UI? □ Yes □ No □ N/A

   1. If no or N/A, please explain.

II. EUC TIERS

EUC Tiers: In the following sections, the RO should determine if these questions are applicable to the state. The RO should include only the applicable questions/ sections when sending out the desk review guide to the states.

General Questions:

1. Is the state currently paying EB? □ Yes □ No □ N/A

   1. If yes, then how many weeks is the state paying? □ 13 weeks □ 20 weeks

2. What EUC Tier(s) is the state currently paying?

   1. How many weeks for each tier?

3. After June 1, 2012, did the state’s TUR drop below 6 percent? □ Yes □ No

   1. If yes, what was the final week ending date individuals could establish entitlement to Tier II benefits?

For the period of Feb 22 through week ending May 26, 2012:

4. Was the state triggered on Tier 4 and not in an EB period as of February 22, 2012?
   □ Yes □ No □ N/A

5. If applicable, were new claims established at sixteen (16) weeks? □ Yes □ No □ N/A

6. Did the state augment Tier IV claims from six to sixteen (16) weeks?
   □ Yes □ No □ N/A

7. Were there any delays in paying the augmented weeks? □ Yes □ No □ N/A

8. Did the state trigger “off” EB and remain on Tier 4? □ Yes □ No □ N/A

   1. If yes, what was the last payable week-ending date of EB (i.e., when did the EB period end)?

9. Did the augmentation of claims from six to 16 weeks occur beginning the first week after the EB period concluded?
   □ Yes □ No □ N/A

   1. If yes, were new Tier IV claims augmented from six to 16 weeks?
      □ Yes □ No □ N/A

   2. If no, please explain.

10. Were claims augmented from six to 16 week for individuals that had a Tier IV balance the first week after the EB period concluded? □ Yes □ No □ N/A

    1. If no, please explain.

11. What was the date the state stopped augmenting Tier IV claims?

    1. Did augmentation of Tier IV claims end May 26, 2012? □ Yes □ No □ N/A

       1. If yes, please explain.

    2. Were there any delays in paying out the augmented weeks?
       □ Yes □ No □ N/A

       1. If yes, please explain.

For week ending June 2 to the date of completion of this review guide.

12. Did the state trigger off a Tier(s) after June 1, 2012? □ Yes □ No □ N/A

    1. If yes, did individuals who established that Tier entitlement before June 1, 2012 continue to receive the remaining balance after June 1, 2012 until exhaustion?
       □ Yes □ No □ N/A

13. Did the state experience any difficulties due to the new TUR requirements?
    □ Yes □ No □ N/A

    1. If yes, please explain.

For Tiers I and III, the period of week ending September 8, 2012 to now and for Tier IV the period of week ending on or after June 1, 2012 & before September 2, 2012

14. Did new EUC Tiers I and III claims receive the reduced maximum entitlement (i.e., Tier I maximum of fourteen (14) weeks and Tier III maximum of 9 weeks)?
    □ Yes □ No □ N/A

15. Did individuals whose accounts were established with Tier amounts before the maximum entitlement reduction continue to receive the original balance of that Tier until exhaustion?
    □ Yes □ No □ N/A

16. Did the state experience any difficulties in instituting these modifications?
    □ Yes □ No □ N/A

    1. If so, please explain.

For Tier 4, for the period of week ending after September 2, 2012 to Present.

17. Did the state complete the programming for new EUC Tier 4 claimants to receive the increased maximum entitlement (i.e. 10 weeks)? □ Yes □ No □ N/A

    1. Was the increased amount applied to claims where individuals’ Tier IV accounts were established before September 2, 2012? □ Yes □ No □ N/A

       1. If yes, please explain.

18. Did the state experience any difficulties due to the modification related to the Tier IV increase in maximum entitlement? □ Yes □ No □ N/A

    1. If so, please explain.

D. OVERPAYMENTS

1. Has the state programmed to offset overpayments in accordance with state law?
   □ Yes □ No □ N/A

1. If not, please explain.

ADDITIONAL COMMENTS: Please include any additional comments on EUC RES/REA, EUC modifications, and/or Work Search Audit operations/ implementation here. Thank you!

______________________ ____________________

Signature/Title Date Completed

O M B No.: 1205-0NEW      O M B Expiration Date: xx/xx/2012      Estimated Average Response Time: 30 hours

O M B Burden Statement: These reporting instructions have been approved under the Paperwork reduction Act of 1995. Persons are not required to respond to this collection of information unless it displays a valid OMB control number. Public reporting burden for this collection of information includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Submission is required to obtain or retain benefits under 42 U.S.C. 503(a)(6). Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, Office of Unemployment Insurance, Room S-4524, 200 Constitution Ave., NW, Washington, DC, 20210.

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