41170 Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 

of the trigger notice with an ‘‘on’’ notice. 

What is the reason for this difference? 

Answer: Under Federal law, an EB 

period based on either the IUR or the 

TUR trigger begins the ‘‘third week after 

the first week for which there is a State 

‘on’ indicator.’’ (EB law, Section 

203(a)(1).) However, since the ‘‘on’’ 

indicators for the IUR and TUR triggers 

are based upon different events, the EB 

periods they trigger begin at different 

times following the trigger notices: 

• Under the IUR trigger, the week of 

the ‘‘on’’ indicator is the last week of a 

13-week period when the State’s IUR 

reaches the levels specified in law and 

regulation. (See Section 203(d)(1) of the 

EB law and 20 CFR 615.12(a).) Under 

Section 203(a)(1) of the EB law, the EB 

period begins the third week after this 

‘‘on’’ indicator week. The week that the 

EB period begins is the week after the 

trigger notice is published because the 

process proceeds as follows: 

—Week 1 is the week when individuals 

submit benefit claims for the prior 

week. That prior week will be deemed 

the ‘‘on’’ indicator week if these 

benefit claims meet the IUR trigger 

requirements. 

—Week 2 is the week the State compiles 

the benefit claims submitted during 

Week 1, the State reports its IUR to 

the Department, and the Department 

issues the EB trigger notice based on 

the State report. 

—Week 3 is the beginning of the EB 

period. 

• Under the TUR trigger, the week of 

the ‘‘on’’ indicator is the week ‘‘the 

average rate of total unemployment in 

[a] State (seasonally adjusted) for the 

period consisting of the most recent 3 

months for which data for all States are 

published’’ meets certain criteria. (EB 

law, Section 203(f)(1)(A)(i).) Thus, the 

statute ties the TUR ‘‘on’’ indicator to 

the week of publication, and the EB 

period begins the third week following 

this indicator week. As a result, for 

example, when data for the month of 

February for all States was published on 

March 27, 2009, the EB period for States 

triggering ‘‘on’’ using this data began 

April 12, 2009. 

Similarly, the end dates of EB periods 

in relation to the Department’s EB 

trigger notice depend on whether the 

State triggers ‘‘off’’ an EB period based 

on the TUR trigger or the IUR trigger. 

Attachment II 

Draft Legislation—Tur Trigger 

Discussion 

Below is suggested legislative 

language for States that choose to add a 

TUR EB trigger and make the first week 

of EB payable the week beginning 

February 22, 2009. (This is the first 

week most EB payments qualify for 100 

percent Federal sharing. The exceptions 

to 100 percent Federal sharing are 

discussed in Q&As 4 and 5 in 

Attachment I to UIPL No. 12–09.) This 

language is identical to the suggested 

provisions in UIPL No. 45–92, 

Attachment II, with two exceptions. 

First, the date provided in paragraph 

(a)(2)(C) for the start of the TUR trigger 

differs. Second, two unnecessary words 

were deleted. States that choose to 

adopt a later date should edit the dates 

as appropriate. 

States that do not want to make the 

TUR EB trigger permanent have 

requested assistance in developing two 

termination options. The first end date 

would be the last week that 100 percent 

Federal sharing is available for most EB 

payments (i.e., the last week beginning 

before January 1, 2010). The second 

would be the last week of the phase-out 

(i.e., the last week ending before June 1, 

2010). As discussed above, the phaseout allows 100 percent Federal sharing 

to continue for individuals who were 

paid EB for a week of unemployment 

ending before January 1, 2010. The 

bolded language in the draft legislation 

offers two dates, depending on when the 

State chooses to terminate the TUR 

trigger. (The earlier date relates to the 

first option; the later to the second 

option.) 

An alternative approach is based on 

the possibility that Congress will extend 

the termination dates for Federal 

sharing. Under this option, the 

expiration date is tied to the date that 

Congress selects. If the State chooses 

this approach, then, as above, it has two 

options. 

• Under the first option, EB would 

terminate the last week 100 percent 

Federal sharing is available for most EB 

payments. State law could provide that 

the EB trigger will remain in effect 

‘‘until the week ending four weeks prior 

to the last week of unemployment for 

which 100 percent Federal sharing is 

available under Section 2005(a) of 

Public Law 111–5, without regard to the 

extension of Federal sharing for certain 

claims as provided under Section 

2005(c) of such law.’’ 

• Under the second option, EB would 

terminate the last week 100 percent 

Federal sharing is available under the 

phase-out. State law could provide that 

the trigger will remain in effect ‘‘until 

the week ending four weeks prior to the 

last week of unemployment for which 

100 percent Federal sharing is available 

for any claim under Section 2005(c) of 

Public Law 111–5.’’ 

The draft language also implements 

the HUP trigger of 8 percent TUR (with 

lookback). States implementing the 

optional 6.5 percent TUR trigger must 

also implement the HUP trigger, which 

has the effect of increasing EB eligibility 

from 13 to 20 weeks. (See UIPL No. 45– 

92, Attachment 1, section I.B.2.) 

States should consider whether it is 

necessary to enact amendments 

expanding EB eligibility provisions to 

cover certain individuals who have 

exhausted EUC08, as authorized under 

Public Law 111–5. (See UIPL No. 12–09, 

Q&As 6 and 7.) States choosing to enact 

such amendments may add language 

indicating that, notwithstanding 

anything in State law, an individual’s 

eligibility period shall include any 

eligibility period provided for in section 

2005(b) of Public Law 111–5. 

Draft Language 

The draft language for legislation is 

available at: http://wdr.doleta.gov/ 

directives/attach/UIPL/UIPL12- 

09_ch1_a2acc.pdf. 

Dated: This tenth day of August, 2009. 

Jane Oates, 

Assistant Secretary of Labor, Employment 

and Training Administration. 

[FR Doc. E9–19519 Filed 8–13–09; 8:45 am] 

BILLING CODE 4510–FW–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Notification of the Recovery and 

Reemployment Research Conference 

AGENCY: Employment and Training 

Administration, Labor. 

ACTION: Notice of the Recovery and 

Reemployment Research Conference. 

SUMMARY: The Employment and 

Training Administration will host a 

Recovery and Reemployment Research 

Conference on September 15 and 16, 

2009 at the L’Enfant Plaza Hotel in 

Washington, DC. 

Purpose and Agenda: The conference 

is designed to give the workforce 

community an opportunity to engage 

with experts and colleagues to broaden 

their understanding of critical labor 

issues and challenges in the present 

economy. This conference translates 

specific research, pilot, demonstration, 

and evaluation efforts into actionable 

strategies that can be used in the 

workforce system. The conference, from 

a research perspective, builds on the 

success of the ReEmployment Works! 

Summit and subsequent Regional 

Recovery and Reemployment Forums. 

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Federal Register / Vol. 74, No. 156 / Friday, August 14, 2009 / Notices 41171 

Participants will have the opportunity 

to hear about workforce strategies for 

green jobs, entrepreneurship, training, 

unemployment and reemployment 

services, and research and policy tools 

to manage and improve the systems. A 

goal of the conference is for participants 

to gain insight into what works and 

what can be replicated in communities 

across the nation. The conference will 

feature a combination of plenary 

sessions and workshops, including 

presentations by ETA leaders. 

DATES: The conference runs from 8:30 

a.m. to 4:30 p.m. on Tuesday, 

September 15, 2009 and from 8:30 a.m. 

to 4 p.m. on Wednesday, September 16, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Registration and additional information 

for the Recovery and Reemployment 

Research Conference can be accessed at 

http://www.

RecoveryandReemployment.com. For 

additional information related to 

registering for the research conference, 

contact Lauren Focarazzo of IMPAQ 

International, the logistical contractor 

for the conference, at 

lfocarazzo@impaqint.com or 1–866– 

677–4283 (this is a toll-free number). 

For other inquiries, contact Janet Javar, 

Office of Policy Development and 

Research, USDOL/ETA, at 

javar.janet@dol.gov or 200 Constitution 

Ave., NW., Room N–5641, Washington, 

DC 20210. 

SUPPLEMENTARY INFORMATION: Space is 

limited. There is no cost to register. 

Interested individuals are encouraged to 

register as soon as possible. 

Signed at Washington, DC, this 7th day of 

August, 2009. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. E9–19516 Filed 8–13–09; 8:45 am] 

BILLING CODE 4510–FM–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

[SGA/DFA–PY–08–19] 

Solicitation for Grant Applications 

(SGA) Amendment Two; Pathways Out 

of Poverty 

AGENCY: Employment and Training 

Administration (ETA), Labor. 

ACTION: Notice: Amendment to SGA/ 

DFA–PY–08–19. 

SUMMARY: The Employment and 

Training Administration published a 

document in the Federal Register on 

June 24, 2009, announcing the 

availability of funds and solicitation for 

grant applications (SGA) for Pathways 

Out of Poverty to be awarded through a 

competitive process. This amendment to 

the SGA clarifies items related to: (1) 

Use of funds for supportive services 

(section IV.F); and (2) identifying 

PUMA(s) to be served (section VIII.A.1). 

The document is hereby amended. 

1. ‘‘Use of Funds for Supportive 

Services’’ section IV.F (page 30145) is 

revised as follows to indicate a change 

in the amount of grant funds that may 

be used for supportive services: 

a. Old Text—‘‘Grantees may use no 

more than 5% of their grant funds on 

these services.’’ 

b. New Text—‘‘Grantees may use no 

more than 10% of their grant funds on 

these services.’’ 

2. ‘‘Identify PUMA(s) to be Served’’ 

section VIII.A.1 (page 30151) is revised 

to include the following paragraph at 

the end of the section regarding 

additional resources on PUMAs that 

may be helpful: 

a. New Text—‘‘Applicants should 

note that the PUMA maps display the 

outlines of census tracts but do not 

show census tract numbers or street 

names. Applicants looking for 

additional information on the streetlevel boundaries of PUMAs should 

cross-reference the appropriate PUMA 

map, which can be found here (http:// 

www.census.gov/geo/www/maps/ 

puma5pct.htm) with the appropriate 

census tract maps, which can be found 

here (http://ftp2.census.gov/plmap/ 

pl_trt/). Follow the census tract map 

link above, which will display a list of 

States. Click on the appropriate State, 

and then click the appropriate county 

for a directory of map files for that 

county. Each county directory contains 

map files that show numbered census 

tracts and street names for specific areas 

within the county. For some counties, 

the first file in the directory will be an 

overview map of the entire county, 

which serves as an index for the 

remaining map files. Applicants can 

then match the census tract outlines on 

the PUMA map with the numbered 

census tracts depicted on the census 

tract maps. Identifying the census tracts 

that serve as the outer edge of the 

PUMA and zooming in on the census 

tract maps to see the street names will 

help applicants to identify the streetlevel boundaries of the PUMA.’’ 

FOR FURTHER INFORMATION CONTACT: 

Melissa Abdullah, Grants Management 

Specialist, Division of Federal 

Assistance, at (202) 693–3346. 

Signed at Washington, DC, this 11th day of 

August 2009. 

Donna Kelly, 

Grant Officer, Employment & Training 

Administration. 

[FR Doc. E9–19510 Filed 8–13–09; 8:45 am] 

BILLING CODE 4510–FN–P 

DEPARTMENT OF LABOR 

Employment and Training 

Administration 

Treatment of Pension Rollover 

Distributions 

AGENCY: Employment and Training 

Administration, Department of Labor. 

ACTION: Notice. 

SUMMARY: The Employment and 

Training Administration has provided 

guidance to State workforce agencies on 

an amendment to Federal 

unemployment compensation (UC) law 

that prohibits the reduction of UC due 

to nontaxable pension rollover 

distributions. This continuing guidance 

was issued on May 4, 2009 as UIPL No. 

10–09 and is published below to inform 

the public. It rescinds UIPL No. 22–87, 

Change 2. 

SUPPLEMENTARY INFORMATION: 

UIPL 10–09: Treatment of Pension 

Rollover Distributions 

1. Purpose. To advise States of an 

amendment to Federal unemployment 

compensation (UC) law that prohibits 

the reduction of UC due to nontaxable 

pension rollover distributions. 

2. References. Sections 3304(a)(15) of 

the Federal Unemployment Tax Act 

(FUTA); Public Law 109–280, the 

Pension Protection Act of 2006; Public 

Law 110–458, the Worker, Retiree, and 

Employer Recovery Act of 2008; 

Unemployment Insurance Program 

Letter (UIPL) 22–87 and Changes 1 (60 

FR 55,604 (1995)) and 2 (68 FR 15,241 

(2003)); Internal Revenue Service (IRS) 

Publications 575 and 590; and IRS Tax 

Topic 413—Rollovers from Retirement 

Plans. 

3. Background. As a result of an 

amendment made by the Worker, 

Retiree, and Employer Recovery Act of 

2008, States are now prohibited from 

reducing UC due to nontaxable pension 

rollover distributions. Whether to 

reduce UC due to receipt of taxable 

distributions remains a matter for the 

State to determine. This UIPL is issued 

to explain the amendment and its effect. 

Based on information available to the 

Department, only one State currently 

reduces UC due to any pension 

rollovers. However, all States should 

review their laws regarding treatment of 

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