[Federal Register Volume 74, Number 24 (Friday, February 6, 2009)]
[Notices]
[Pages 6311-6331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2533]


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DEPARTMENT OF LABOR

Employment and Training Administration


Employment and Training Administration Notice of Implementation 
of Supplemental Appropriations Act, 2008, Title IV--Emergency 
Unemployment Compensation, and the Unemployment Compensation Extension 
Act

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice.

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SUMMARY: The Employment and Training Administration (ETA) of the United 
States Department of Labor (the Department) is publishing, for public 
information, notice of the issuance and availability of the 
Unemployment Insurance Program Letters (UIPL) that

[[Page 6312]]

provide guidance to the states regarding the implementation of the 
Emergency Unemployment Compensation program (EUC08) pursuant to the 
Supplemental Appropriations Act, 2008, Title IV, Emergency Unemployment 
Compensation, Public Law 110-252, signed by the President on June 30, 
2008, and, subsequently, the Unemployment Compensation Extension Act, 
Public Law 110-449, enacted November 21, 2008.

FOR FURTHER INFORMATION CONTACT: Stephanie C. Garcia, 202-693-3207.

SUPPLEMENTARY INFORMATION: The EUC08 is administered through voluntary 
agreements between states and the Department. The EUC08 benefits are 
payable in a state the week following the week in which an agreement is 
signed. The Department has provided the states guidance in the form of 
UIPLs for implementing and operating the EUC08 program, including 
fiscal and reporting instructions: UIPL 23-08 (published July 7, 2008), 
UIPL 23-08, Change 1 (published August 15, 2008), UIPL 23-08, Change 2 
(published November 24, 2008), and UIPL 23-08 Change 3 (published 
December 24, 2008). These documents furnish information about the EUC08 
program, provide the Department's interpretation of Title IV of the 
Supplemental Appropriations Act, 2008, and contain the operating 
instructions to guide states in implementing and administering the 
EUC08 program.
    The complete text of these guidance documents are provided in this 
notice. In addition, they are available on the ETA Advisory Web site: 
UIPL 23-08--http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2649; 
UIPL 23-08, Change 1--http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2657; UIPL 23-08, Change 2--http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2684; and UIPL 23-08, Change 3--http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=2693.

    Advisory: Unemployment Insurance Program Letter No. 23-08.
    To: State Workforce Agencies.
    From: Douglas F. Small, Deputy Assistant Secretary.
    Subject: Supplemental Appropriation Act, 2008, Title IV--Emergency 
Unemployment Compensation.

    1. Purpose. To provide states with instructions for implementing 
and operating the Emergency Unemployment Compensation, 2008 (EUC08) 
program, including fiscal and reporting instructions.
    2. References. Supplemental Appropriation Act, 2008, Title IV-
Emergency Unemployment Compensation, Public Law 110-252, signed by the 
President on June 30, 2008; the Social Security Act (42 U.S.C.); the 
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.); Section 205 of 
the Federal-State Extended Unemployment Compensation Act of 1970, as 
amended; Section 233 of the Trade Act of 1974, as amended; 20 CFR Parts 
603, 615, 616, and 650; Unemployment Insurance Program Letter (UIPL) 
29-05; UIPL 12-87; UIPL 12-87, Change 1; and ET Handbooks 395, 401 and 
410.
    3. Summary. The EUC08 program provides up to 13 weeks of 100 
percent federally-financed compensation to eligible individuals in all 
states.
    EUC08 is payable to individuals who (1) have exhausted all rights 
to regular compensation with respect to a benefit year that ended on or 
after May 1, 2007; and (2) have no rights to regular compensation or 
extended benefits (EB); and (3) are not receiving compensation under 
the unemployment compensation law of Canada. However, the Governor of a 
state may elect to pay EUC08 prior to the payment of EB. To qualify for 
EUC, individuals must have had employment of 20 weeks of work, or the 
equivalent in wages, in their base periods. Continuing eligibility is 
determined under the requirements of the state law.
    EUC08 is administered through voluntary agreements between states 
and the U.S. Department of Labor (the Department). EUC08 is payable in 
a state the week following the week in which an agreement is signed. In 
most states, where the week of unemployment ends on Saturday, the first 
week for which EUC08 may be paid is the week ending July 12, 2008. In 
these states, the last week for purposes of an initial determination of 
EUC08 eligibility is the week ending March 28, 2009. However, a 
claimant who has amounts remaining in his/her EUC08 account as of this 
week ending date may, if otherwise eligible, collect EUC08 through the 
week ending June 27, 2009. States are required to submit a separate 
financial status report (ETA 9130) for administrative grants and costs 
associated with the EUC08 program.
    4. Guidance. This document furnishes information about the EUC08 
program and provides the Department's interpretation of Title IV of the 
Supplemental Appropriations Act, 2008. It also sets forth the operating 
instructions to guide states in implementing and administering the 
EUC08 program.
    The instructions in this document are issued to states as guidance 
provided by the Department in its role as the principal in the EUC08 
program. As agents of the Department in administrating the EUC08 
program, states must follow the instructions as provided in the 
attached operating instructions.
    5. Action. Administrators are to provide this information and 
instructions to the appropriate staff.
    6. Inquiries. Direct questions to the appropriate Regional Office.
    7. Attachments.
    Attachment A--Implementing and Operating Instructions for EUC08.
    Attachment B--General Provisions for Administering EUC08.
    Attachment C--Title IV--Emergency Unemployment Compensation.

Attachment A--Implementing and Operating Instructions for EUC08

Introduction

    On June 30, 2008, the President signed Public Law 110-252, the 
Supplemental Appropriations Act, 2008 (Act). Title IV created the 
Emergency Unemployment Compensation (EUC08) program. The EUC08 program 
is a federally funded benefit extension which provides up to 13 weeks 
of benefits to exhaustees, as defined, who otherwise meet the 
requirements of the Act. This document provides guidance to states in 
administering the provisions of the Act. This guidance explains the 
eligibility requirements, state procedures for determining who is 
eligible, how to establish valid EUC08 claims, and other administrative 
functions associated with the Act.

Definitions

    This section contains the definitions of terms used throughout this 
document. To the extent possible, these definitions follow the extended 
benefit regulations found at 20 CFR 615.2, as required by Section 4006 
of the Act regarding these terms. References to 5 U.S.C. Chapter 85 
relate to Unemployment Compensation for Federal Employees (UCFE) and 
Unemployment Compensation for Ex-Servicemembers (UCX).
    1. ``Act'' means Title IV of the Supplemental Appropriations Act, 
2008, which establishes the Emergency Unemployment Compensation 
program.
    2. ``Additional Compensation'' (AC) means compensation totally 
financed by a state and payable under a state law by reason of 
conditions of high unemployment or by reason of other special factors.
    3. ``Agreement'' means the agreement between a state and the 
Department of Labor (the Department) under which the state agency makes 
payments, as the

[[Page 6313]]

Department's agent, of EUC08 in accordance with the Act as interpreted 
by the Department as set forth in these instructions or any other 
instructions issued by the Department.
    4. ``Applicable Benefit Year'' means, with respect to an 
individual, the current benefit year if, at the time an initial claim 
for EUC08 is filed, the individual has an unexpired benefit year only 
in the state against which claim is filed, or, in any other case, the 
individual's most recent benefit year ending on or after May 1, 2007. 
For this purpose, the most recent benefit year, for an individual who 
has unexpired benefit years in more than one state when an initial 
claim for EUC08 is filed, is the benefit year with the latest ending 
date or, if such benefit years have the same ending date, the benefit 
year in which the latest continued claim for regular compensation was 
filed.

    Note. The Act requires individuals to ``have exhausted all 
rights to regular compensation under the State law or under Federal 
law with respect to a benefit year (excluding any benefit year that 
ended before May 1, 2007).'' (Section 4001(b)(1) of the Act. 
Emphasis added.) In the majority of states, where benefit years end 
on Saturday, the practical effect is that the Act applies to 
individuals with benefit years ending on or after Saturday, May 5, 
2007.

    5. ``Applicable State'' means the state with respect to which the 
individual is an exhaustee for EUC08 purposes, and, in the case of a 
combined wage claim for regular compensation, the term means the 
``paying state'' for such claim as defined in 20 CFR 616.6(e).
    6. ``Applicable State Law'' means the state law of the state which 
is the applicable state for an individual.
    7. ``Base Period'' means the base period as determined under the 
applicable state law for the individual's applicable benefit year.
    8. ``Benefit Year'' means the benefit year as defined in the 
applicable state law.
    9. ``Compensation'' means cash benefits (including dependents' 
allowances) payable to individuals with respect to their unemployment, 
and includes regular compensation, additional compensation, extended 
compensation, and EUC08 as defined in this section.
    10. ``Department'' means the U.S. Department of Labor.
    11. ``Emergency Unemployment Compensation'' means the compensation 
payable under the Act, and which is referred to as EUC08.
    12. ``Extended compensation'' means the extended unemployment 
compensation payable to an individual for weeks of unemployment which 
begin in an extended benefit period, under those provisions of state 
law which satisfy the requirements of the Federal-State Extended 
Unemployment Compensation Act of 1970 (hereafter called the Federal-
State EB law), and, when so payable, includes compensation payable 
pursuant to 5 U.S.C. Chapter 85, but does not include regular 
compensation or additional compensation. Extended compensation is 
referred to as Extended Benefits or EB.
    13. ``Regular compensation'' means compensation payable to an 
individual under any state law, and, when so payable, includes 
compensation payable under 5 U.S.C. Chapter 85, but does not include 
extended compensation or additional compensation.
    14. ``Secretary'' means the Secretary of Labor of the United 
States.
    15. ``State'' means the states of the United States, the District 
of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
    16. ``State Agency'' means the state unemployment compensation 
agency of the state administering the state law.
    17. ``State Law'' means the unemployment compensation law of a 
state approved by the Secretary under Section 3304(a) of the Internal 
Revenue Code of 1986 (26 U.S.C. 3304(a)).
    18. ``Week'' means a week as defined in the applicable state law.
    19. ``Week of Unemployment'' means a week of total, part-total, or 
partial unemployment as defined in the applicable state law, which 
shall be applied in the same manner to the same extent to claims filed 
under the requirements of this Act.

Operating Instructions

    1. Eligibility for EUC08.
    a. Basic Eligibility Requirements. To be eligible for a week of 
EUC08, in addition to meeting the applicable state law provisions, 
individuals must:
    (1) Have exhausted all rights to regular compensation under the 
applicable state law with respect to the applicable benefit year;
    (2) Have no rights to regular or extended compensation with respect 
to the week under such law or any other state or Federal unemployment 
compensation (UC) law;
    (3) Not be receiving compensation with respect to such week under 
the UC law of Canada;
    (4) Be legally authorized to work in the United States. In 
determining work authorization, states will follow the procedures 
provided in section 1137(d) of the Social Security Act (42 U.S.C. 
1230b-7(d)) and as explained in UIPL 12-87 and UIPL 12-87, Change 1; 
and
    (5) Have had 20 weeks of full-time insured employment or the 
equivalent in insured wages, as determined under the provisions of the 
state law implementing section 202(a)(5) of the Federal-State EB law.
    b. Determining Exhaustees.
    (1) Under Section 4001(c) of the Act, for an individual to be 
considered to have exhausted benefit rights to regular compensation in 
an applicable benefit year (for purposes of meeting the first EUC08 
eligibility criterion), the individual must have either:
    (A) Received all regular compensation payable based on employment 
and/or wages during the applicable base period; or
    (B) Had rights to regular compensation terminated by reason of the 
expiration of the applicable benefit year in which these rights 
existed.
    (2) Exhaustees cease to be exhaustees when they can establish a 
valid new benefit year; therefore, at each quarter change, the state 
must check to see if an individual meets the state's requirements to 
establish a new benefit year. If the individual can establish a new 
benefit year, s/he would no longer qualify for the EUC08 claim. In 
these cases, the claimant should be advised that s/he no longer 
qualifies for the EUC08 claim and that s/he can file a regular UI 
claim. Once the claimant qualifies for a new claim, the payments on the 
EUC08 claim must end, even if the Weekly Benefit Amount (WBA) for the 
new claim is lower than what the claimant was receiving on the EUC08 
claim.

    Note. The requirement to check eligibility for regular 
compensation at each quarterly change was not explicitly stated in 
the guidance implementing the Temporary Extended Unemployment 
Compensation Act of 2002. However, the Department has determined 
that it is a method of administration necessary for assuring that 
individuals have, in fact, exhausted regular compensation as 
required by the Act.

    2. Beginning and Ending of the EUC08 Program in a State. Under 
Section 4007 of the Act, EUC08 is payable in a state beginning with the 
first week which begins after the date an Agreement is signed between 
the state and the Department. No new EUC08 determinations may be made 
for weeks of unemployment ending after March 31, 2009. In most states, 
where weeks of unemployment end on Saturday, this means no new EUC08 
determinations may be made for weeks beginning after March 28, 2009. 
However, an individual having amounts remaining in his/her EUC08 
account as of March 31, 2009, may collect the remaining balance in 
subsequent weeks, if otherwise eligible.

[[Page 6314]]

Any individual who qualifies for this phase-out is limited to the 
amount in the account as of this date. No EUC08 may be paid under this 
phase-out ``for any week beginning after June 30, 2009.'' In states 
where weeks of unemployment end on Saturday, this means the last week 
of EUC08 payable during this phase-out is the week ending June 27, 
2009.
    3. Termination of EUC08 Agreement. The agreement provides that it 
may be amended by mutual consent and may be terminated by either party 
on thirty days' written notice. In the case of termination, the EUC08 
period will end 30 days from the date the state notifies the Secretary 
of its election to terminate the EUC08 program. No EUC08 will be 
payable for weeks which begin after the date the termination of the 
agreement is effective. However, EUC08 is payable for weeks of 
unemployment up to such termination date.
    4. Notifications.
    a. Identification and Notification of Potentially Eligible 
Claimants. The state must identify individuals who are potentially 
eligible for EUC08 and provide them with appropriate written 
notification of their potential entitlement to EUC08, including filing 
instructions.
    b. Interstate Claims. EUC08 is payable to individuals filing under 
the Interstate Benefit Payment Plan in the same manner and to the same 
extent that benefits are payable to intrastate claimants.
    The liable state is responsible for identifying and notifying all 
potentially eligible interstate claimants of their potential 
eligibility, including filing instructions.
    c. Notification of Media. To assure public knowledge of the status 
of the EUC08 program, the state must notify all appropriate news media 
having coverage throughout the state of the beginning of the EUC08 
program.
    5. Relation of Extended Benefits to EUC08. Section 4001(e) of the 
Act allows, if state law permits, the payment of EUC08 prior to EB to 
individuals who are otherwise eligible for EUC08. If a state elects to 
pay EUC08 prior to EB, the amount of the individual's EB entitlement is 
not otherwise affected; EB is deferred, not reduced. Therefore, if the 
state is in an EB period when the individual exhausts his or her EUC08 
claim, s/he may receive any remaining EB entitlement, as long as s/he 
met the EB eligibility provisions. There is no provision in the Act 
that authorizes states to trigger ``off'' an EB period.
    The following provisions from the Federal-State EB law do not apply 
to the EUC08 program:
    a. The suitable work and work search requirements of Section 
202(a)(3); and
    b. The requirement of employment to purge certain disqualifications 
found in Section 202(a)(4).
    Note, however, that the Federal-State EB law's 20-weeks of work 
requirement must be met. See item 10.c.(1) below.
    6. Effect of Additional Compensation Eligibility in a State. 
Section 4001(b)(2) of the Act requires that an individual have no 
rights to regular compensation or EB in order to meet the eligibility 
requirements for EUC08. AC is not considered regular compensation or 
EB; therefore, EUC08 is payable regardless of an individual's AC 
eligibility. A state with an AC program in effect may pay AC following 
the payment of EUC08. AC does not affect the EUC08 maximum benefit 
amount (MBA).
    7. Applicability of State Law Provisions. Under Section 4001(d)(2) 
of the Act, applicable state law provisions which apply to the payment 
and continuing eligibility for regular compensation also apply to the 
payment of EUC08. An individual is not entitled to receive EUC08 for a 
week for which the individual is disqualified under the applicable 
state law. For example, if the applicable state law requires, as a 
condition of eligibility for regular compensation, that an individual 
be able and available for work, this requirement applies to EUC08. If 
an individual is not able or available for work, the individual would 
be disqualified from receiving EUC08 until the individual became able 
and available again.
    8. Effect of Other UI-Related Programs on Eligibility for EUC08.
    a. Trade Readjustment Allowances (TRA). The maximum amount of EUC08 
payable to an individual who is also entitled to TRA shall not be 
reduced by reason of TRA entitlement. However, under Section 233(a)(1) 
of the Trade Act of 1974, as amended, the individual's entitlement to 
EUC08 will reduce the individual's maximum amount of ``basic'' TRA 
payable if the EUC08 is payable during the UI benefit period 
established by or in effect at the time of the individual's first TRA 
qualifying separation under the applicable trade adjustment assistance 
certification issued by the Department. (For the definition of 
``benefit period,'' see 20 CFR 617.3(h).) If the EUC08 entitlement 
occurs during a UI benefit period subsequent to the one in which the 
individual's first TRA qualifying separation occurred, the maximum 
amount of ``basic'' TRA payable will not be reduced by the amount of 
EUC08 entitlement. In either case, however, the individual is not 
eligible for TRA until EUC08 entitlement is exhausted.
    The provisions of Section 233(d) of the Trade Act of 1974, as 
amended (relating to reduction of EB entitlement because of the receipt 
of TRA in the most recent benefit year), are not applicable to 
determinations of entitlement to EUC08.
    b. Disaster Unemployment Assistance (DUA). An individual is not 
eligible for DUA with respect to a week of unemployment under Section 
410 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, as amended (42 U.S.C. 5177), if the individual is eligible to 
receive EUC08 compensation for that week.
    9. Establishment of EUC08 Account. Section 4002(a) of the Act 
requires the state to establish an EUC08 account for each eligible 
individual. The maximum benefit amount (MBA) in the individual's 
account will be equal to the lesser of 50 percent of the total amount 
of regular compensation or 13 times the average regular compensation 
WBA for a week of total unemployment (including dependents' allowances 
in either case) payable to the individual with respect to the 
``applicable benefit year.''
    If a redetermination or an appeal decision results in a 
determination that an individual is entitled to more or less regular 
compensation, the individual's status as an exhaustee must be 
redetermined, as appropriate, and an appropriate change shall be made 
in the individual's EUC08 account.
    10. EUC08 WBA and Other Information.
    a. Total Unemployment. The WBA payable to an individual for a week 
of total unemployment is equal to the individual's most recent weekly 
benefit amount (including any dependents' allowances) for the 
applicable benefit year.
    b. Partial and Part-Total Unemployment. To determine the amount 
payable for a week of partial or part-total unemployment, the state 
will calculate the payment amount in accordance with the state law 
applicable to such a week of unemployment.
    c. Exceptions. The terms and conditions of the state law which 
apply to claims for regular compensation and to the payment thereof 
shall apply to claims for EUC08 and the payment thereof, except:
    (1) The individual must have 20 weeks of full-time insured 
employment or the ``equivalent'' in insured wages in the individual's 
applicable base period as determined under the provisions of the state 
law implementing section 202(a)(5) of the Federal-State EB law

[[Page 6315]]

and 20 CFR 615.4(b). The equivalent in insured wages equals 40 times 
the individual's most recent weekly benefit amount, or 1.5 times the 
individual's high quarter insured employment.
    To determine which of these earnings requirements the state may use 
to determine if the claimant has a qualifying applicable benefit year 
for EUC08, the state must consult ``the provisions of state law 
implementing Section 202(a)(5).'' Thus, for example, if the state law 
authorized the use of just one of the three requirements, the state may 
only use that single requirement for EUC08 purposes. If the state law 
authorizes the use of two alternatives, then the state may use the two 
alternatives and if the state law authorizes the use of all three 
alternatives, then all three alternatives may be used; and
    (2) Where otherwise inconsistent with the provisions of the Act or 
with the operating instructions promulgated to carry out the Act; and
    (3) The maximum amount of EUC08 payable to any individual for whom 
a EUC08 account is established under Section 4002 shall not exceed the 
amount established in such account for such individual.
    11. Record Maintenance and Disposal of Records. The state will 
maintain EUC08 claims and payment data (including data on eligibility, 
disqualification and appeals) as required by the Department.
    a. Record Maintenance. Each state will maintain records on the 
administration of the EUC08 program, and will make all such records 
available for inspection, examination, and audit by such federal 
officials or employees as the Secretary or the Department may designate 
or as may be required by the law.
    b. Disposal of Records. The electronic/paper records created in the 
administration of the EUC08 program must be maintained by the state for 
3 years after final action (including appeals or court action) on the 
claim, or for less than the 3-year period if copied by microphotocopy 
or by an electronic imaging method. At the end of the 3 year period, 
the EUC08 records are transferred to state accountability under the 
conditions for the disposal of records that apply to UCFE and UCX 
records as explained in Chapter XXII of ET Handbook No. 391 (1992 
Edition) and Chapter I, Page I-15, of ET Handbook No. 384 (1984 
Edition).
    12. Disclosure of Information. Information in records made and 
maintained by the state agency in administering the Act must be kept 
confidential, and information in such records may be disclosed only in 
the same manner and to the same extent as information with respect to 
regular compensation, and the entitlement of individuals thereto, may 
be disclosed under provisions of the applicable state law meeting the 
requirements of 20 CFR part 603. This provision on the confidentiality 
of information obtained in the administration of the Act shall not 
apply, however, to information, reports and studies with no individual 
identifiers.
    13. Inviolate Rights to EUC08. Except as specifically provided in 
these instructions, the rights of individuals to EUC08 shall be 
protected in the same manner and to the same extent as the rights of 
persons to regular compensation are protected under the applicable 
state law. Such measures must include protection of claimants for EUC08 
from waiver, release, assignment, pledge, encumbrance, levy, execution, 
attachment, and garnishment, of their rights to EUC08. In the same 
manner and to the same extent, individuals shall be protected from 
discrimination and obstruction in regard to seeking, applying for and 
receiving EUC08.

Processing Claims for EUC08

    1. Applicability of State Law Provisions. Under Section 4001(d)(2) 
of the Act, except where inconsistent with the Act or with the 
operating instructions promulgated to carry out the Act, all terms and 
conditions of the state unemployment compensation law applicable to 
claims for and payment of regular compensation, apply to claims for, 
and payment of, EUC08. The provisions of the applicable state law that 
apply to claims for EUC08 include but are not limited to:
    a. Claim Filing and Reporting;
    b. Information to individuals, as appropriate;
    c. Notices to individuals and employers, as appropriate, including 
notice to each individual of each determination and redetermination of 
eligibility for or entitlement to EUC08;
    d. Determinations, redeterminations, appeals, and hearings;
    e. Disqualification, including disqualifying income provisions;
    f. Ability to work and availability for work, including legal 
authorization to work in the United States;
    g. The Interstate Benefit Payment Plan; and
    h. The Interstate Arrangement for Combining Employment and Wages.
    2. Claims for EUC08.

    Note: In processing claims for EUC08, although states will need 
to verify that claimants have no regular UI entitlement, there is no 
requirement that the claimant file a regular UI initial claim. Each 
application should result in only one initial claim; a claimant 
application will result in either a regular UI initial claim or an 
initial EUC08 claim (which could be a denied claim).

    a. Intrastate Initial Claims. An initial claim for EUC08 will be 
filed by an individual according to the applicable state's manual, 
remote, or electronic filing procedures. As noted above, this shall not 
be counted as a regular UI claim.
    b. Interstate Initial Claims. Interstate EUC08 claims will be filed 
on the same forms and in the same manner as all other interstate 
initial claims against the liable state. Before accepting an initial 
EUC08 claim, the agent or liable state, whichever is taking the claim, 
must review the individual's work history, examine potential 
entitlement and advise the individual of all filing options. If the 
individual has sufficient employment and wages to establish a new 
benefit year under any state or federal program, including the combined 
wage arrangement, there is no eligibility under the EUC08 program. When 
an initial EUC08 claim is filed through the agent state, the state 
will:
    (1) Complete an Initial Interstate Claim, Form IB-1, check claim 
type ``other'' and identify as EUC08;
    (2) Review the individual's work history and advise the individual 
of all filing options; and
    (3) Transmit a TC-IB1 to the liable state.
    c. Intrastate and Interstate Weeks Claimed. Claims for payments of 
EUC08 for weeks of unemployment must be filed at the same times and in 
the same manner as claims for regular compensation are filed under the 
applicable state law, and on forms or electronic filing procedures as 
furnished to the individual by the state agency.
    d. Combined Wage Claims (CWC). EUC08 is payable to individuals 
filing under the Interstate Arrangement for Combining Employment and 
Wages in the same manner and to the same extent that benefits are 
payable to other intrastate or interstate claimants.
    Administrative, entitlement and eligibility requirements provided 
in these instructions also apply to claims filed under the CWC program, 
except where clearly inconsistent with combined wage (and interstate, 
when applicable) procedures, policies and rules.
    When an EUC08 determination or redetermination is issued on a CWC 
claim, no Report of Determination of Combined-Wage Claim, TC-IB5, will 
be issued to the transferring state. The paying state will not bill 
transferring

[[Page 6316]]

states for EUC08. The paying state will charge all EUC08 compensation 
paid on CWC claims directly to the EUCA in accordance with the fiscal 
instructions provided in these instructions.
    3. Secretary's Standard. The procedures for reporting and filing 
claims for EUC08 must be consistent with these instructions and the 
Secretary's ``Standard for Claim Filing, Claimant Reporting, Job 
Finding and Employment Services'' (Employment Security Manual, Part V, 
sections 5000 et seq.).
    4. Determination of Entitlement: Notices to Individuals.
    a. Determination of Initial Claim. When an individual files an 
initial claim for EUC08, the state agency must determine promptly the 
eligibility of the individual and, if eligible, the weekly and maximum 
amounts of EUC08 payable. If denied EUC08, the individual must be 
issued an appealable determination.
    b. Determination of Weekly Claims. The state agency must promptly, 
upon the filing of a claim for a payment of EUC08 for a week of 
unemployment, determine whether the individual is entitled to a payment 
of EUC08 for such week, and, if entitled, the amount of EUC08 to which 
the individual is entitled to and issue a prompt payment.
    c. Redetermination. An individual filing an EUC08 initial claim or 
weekly certification has the same rights to request a reconsideration 
of a determination as are provided for in the applicable state law for 
regular compensation.
    d. Notices to Individual. The state agency must give written notice 
to the individual of any determination or redetermination of an initial 
claim and all weekly claims. Each notice must include such information 
regarding rights to reconsideration or appeal, or both, using the same 
process that is used for redeterminations of regular compensation. The 
state agency must also provide the following notice to all claimants 
filing an initial claim for EUC08:
Notice
    Under 18 U.S.C. 1001, knowingly and willfully concealing a material 
fact by any trick, scheme, or device or knowingly making a false 
statement in connection with this claim is a Federal Offence, 
punishable by a fine or imprisonment for not more than five years, or 
both, under Title 18 of the United States Code.
    e. Promptness. Full payment of EUC08 when due must be made with the 
greatest promptness that is administratively feasible.
    f. Secretary's Determination Standard. The procedures for making 
determinations and redeterminations and furnishing written notices of 
determinations, redeterminations, and rights of appeal to individuals 
claiming EUC08 must be consistent with the Secretary's ``Standard for 
Claim Determinations--Separation Information'' (Employment Security 
Manual, Part V, sections 6010 et seq.).
    5. Appeal and Hearing.
    a. Applicable State Law. The applicable state law provisions 
concerning the right of appeal and fair hearing from a determination or 
redetermination of entitlement to regular compensation shall apply to 
determinations and redeterminations of eligibility for or entitlement 
to EUC08.
    b. Rights of Appeal and Fair Hearing. The right of appeal and 
opportunity for a fair hearing to claims for EUC08 must be consistent 
with these instructions and with sections 303(a)(1) and 303(a)(3) of 
the Social Security Act (SSA) (42 U.S.C. 503(a)(1) and 503(a)(3)).
    c. Promptness of Appeals Decisions.
    (1) Decisions on appeals under the EUC08 Program must accord with 
the ``Standard for Appeals Promptness--Unemployment Compensation'' in 
20 CFR Part 650.
    (2) Any applicable state law provision allowing the advancement or 
priority of unemployment compensation cases on judicial calendars, or 
otherwise intended to provide for the prompt payment of unemployment 
compensation when due, must apply to proceedings involving entitlement 
to EUC08.
    6. Fraud and Overpayment, Section 4005 of the Act. The Act contains 
specific provisions regarding fraud and overpayments of EUC08. 
Applicable state law provisions regarding the detection and prevention 
of fraudulent overpayments of EUC08 must be, as a minimum, the same as 
those applied by the state for regular compensation and must be 
consistent with the Secretary's ``Standard for Fraud and Overpayment 
Detection'' (Employment Security Manual, Part V, Sections 7510 et 
seq.).
    a. Fraudulent Claiming of EUC08. Section 4005(a) of the Act 
provides for penalties for filing a fraudulent claim for EUC08. 
Specifically, if the individual knowingly makes or causes to be made by 
another, a false statement or fails to disclose or causes another to 
fail to disclose a material fact that would cause an overpayment of 
EUC08 benefits, the individual:
    (1) Shall be ineligible for further EUC08 in accordance with the 
provisions of the applicable state unemployment compensation law 
relating to fraud in connection with a claim for unemployment 
compensation, and
    (2) Shall be subject to prosecution under Section 1001 of Title 18, 
U.S.C.
    Applicable state law provisions relating to disqualification for 
fraudulently claiming or receiving a payment of compensation shall 
apply to claims for and payment of EUC08.
    When a state has sufficient facts to make a prima facie case under 
18 U.S.C. 1001, the state must consider referral to OIG for criminal 
prosecution in accordance with the provisions of the Memorandum of 
Understanding between the Department of Labor's Office of Inspector 
General and the Employment and Training Administration, which was 
transmitted as an attachment to UIPL No. 29-05.
    States must pursue EUC08 fraud cases in the same way all other 
state and federal claims are handled.
    b. Overpayments. Under Section 4005(b) of the Act, each state must 
require repayment from individuals who have received any overpayment of 
EUC08 (whether fraudulent or non-fraudulent), unless the state, under 
the optional language of Section 4005(b), elects to waive recovery. The 
option to waive recovery applies only to non-fraudulent overpayments.
    (1) Application of State Waiver Provision. If the state has a state 
law waiver provision for regular compensation, the state provision may 
be applied to non-fraudulent EUC08 overpayments if the provision 
requires the state to determine that:
    (A) The payment of such EUC08 was without fault on the part of the 
individual, and
    (B) Such repayment would be contrary to equity and good conscience.
    In making these determinations, the state must apply the same 
standards as are applied in making such determinations with respect to 
the waiver of overpayments of regular compensation.
    (2) Optional EUC08 Waiver. Under Section 4005(c) of the Act, any 
state that does not have a state waiver provision or does not have a 
state waiver provision that meets both the ``fault'' and ``equity and 
good conscience'' requirements stated in paragraph (1) above may adopt 
this optional EUC08 waiver. If the state elects to implement the 
optional EUC08 waiver, it may not do so until it has issued agency 
operating instructions for staff to follow.
    (A) The state may waive recovery of a non-fraudulent EUC08 
overpayment if it determines that:

[[Page 6317]]

    i. The payment of such EUC08 was without fault on the part of the 
individual, and
    ii. Such repayment would be contrary to equity and good conscience.
    (B) In determining whether fault exists, the following factors must 
be considered:
    i. Was a material statement or representation made by the 
individual in connection with the application for EUC08 resulting in 
the overpayment, and did the individual know, or should the individual 
have known, that the statement or representation was inaccurate?
    ii. Did the individual fail, or cause another to fail, to disclose 
a material fact in connection with an application for EUC08 resulting 
in the overpayment, and did the individual know or should the 
individual have known that the fact was material?
    iii. Did the individual know, or would s/he have been expected to 
know, that s/he was not entitled to the EUC08 payment?
    iv. Did the overpayment result directly or indirectly, and 
partially or totally, from any act or omission of the individual and 
which was erroneous, inaccurate or otherwise wrong and the individual 
knew or could have been expected to know that the act or omission was 
erroneous or inaccurate or otherwise wrong?
    (C) In determining whether equity and good conscience exists, the 
following factors must be considered:
    i. Was the overpayment the result of a decision on appeal?
    ii. Had the state agency given notice to the individual that the 
individual may be required to repay the benefit payment in the event of 
a reversal of the eligibility determination on appeal?
    iii. Will recovery of the overpayment cause financial hardship to 
the individual?
    (3) Recovery of Overpayments, Section 4005(c) of the Act. The Act 
requires that no repayment of an EUC08 overpayment may be required, and 
no deduction may be made, until a determination has been issued and an 
opportunity for a fair hearing has been given to the individual 
concerned, and the determination has become final. When the 
determination requiring repayment is issued, the state shall restore 
the full amount of the recoverable overpayment to the individual's 
EUC08 available account balance.
    (A) Unless an EUC08 overpayment is recovered, or is waived, the 
state may, during the three-year period after the date the individual 
received the payment of EUC08 to which the individual was not entitled, 
recover the overpayment by deductions from any sums payable to the 
individual under any state or Federal UC law administered by the state 
or any other Federal law administered by the state which provides for 
the payment of any assistance or an allowance with respect to 
unemployment. Such recoveries may only be made as described in (F) and 
(G) below.
    (B) To the extent permitted under state law, an EUC08 overpayment 
may be recovered by offset, except that:
    i. No single offset may exceed 50 percent of the amount otherwise 
payable to the individual for the week; and
    ii. Any offset of compensation payable is limited to the three-year 
period following the date that the claimant received the improper 
payment(s).
    (C) At the end of the three-year period, the state may remove the 
overpayment from its accounting records. Although no further active 
collection efforts by the state are required, the state must maintain 
an administrative record during the subsequent three-year period to 
provide for possible collection. After the subsequent three-year period 
(a total of six years from the date the claimant received the improper 
payment(s)), the state may dispose of the overpayment record.
    (D) EUC08 overpayment recovery shall be enforced by any action or 
proceeding which may be brought under state or Federal law, unless 
recovery of the overpayment is waived or prohibited in accordance with 
the Act and the instructions in this section.
    (E) Overpayments of EUC08 recovered in any manner must be deposited 
into the fund from which payment was made.
    (F) If a state has an agreement in effect with the Secretary to 
implement the cross-program offset provisions of Section 303(g)(2) of 
the SSA, EUC08 payments shall be used to offset state compensation 
overpayments, and state compensation payments shall be used to offset 
EUC08 overpayments.
    If the state does not have an agreement with the Secretary under 
Section 303(g)(2), SSA, the state may not use EUC08 to offset a state 
compensation overpayment, but may under Section 303(g)(1), SSA, offset 
state compensation payments to recover EUC08 overpayments.
    (G) If a state has the cross-program offset agreement and an 
Interstate Reciprocal Overpayment Recovery Arrangement in effect with 
the National Association of State Workforce Agencies, EUC08 payments 
may be used to offset state compensation overpayments for other states 
that also have both agreements in effect.
    If the other state does not have an agreement with the Secretary 
under Section 303(g)(2), SSA, EUC08 benefits may only be used to offset 
overpayments of Federal benefits for the other state.

Financial Information and Instructions

    1. Payment to States.
    a. Requesting EUC08 Benefit Funds. Under Section 4003 of the Act, 
each state that has entered into an agreement to pay EUC08 will be paid 
an amount equal to l00 percent of the amount of EUC08 paid to 
individuals by the state under the agreement and in full accordance 
with the Act and these instructions. States will request funds from the 
Emergency Unemployment Compensation Account (EUCA) to pay all EUC08 
benefits attributable to all claim types (UI, UCFE, and UCX). All 
requests will go through the Automated Standard Application for 
Payments (ASAP) system. Drawdown requests must adhere to the funding 
mechanism stipulated in the Treasury-State Agreement executed under the 
Cash Management Improvement Act of 1990. Requests will be funded in the 
same manner as all ASAP transactions elected by the states (FEDWIRE or 
ACH to the state benefit payment account).
    There will be one new line in the ASAP for making drawdowns to pay 
EUC08 benefits, refer to <greek-i>3 below for drawdown instructions. 
The line will be clearly labeled EMERGENCY UNEMP COMP (EUC08). The 
Bureau of Public Debt, managers of the Unemployment Trust Fund (UTF), 
will immediately inform state users of the ASAP of any modifications to 
screens or drawdown instructions. EUC08 benefits paid to former 
employees of state and local governments, former Federal employees and 
former service members, ``501(c)(3)'' nonprofit organizations and 
federally recognized Indian tribes are funded from U.S. Treasury 
general revenues through the EUCA. This does not affect the process for 
requesting funds, but does affect the reporting of those benefits on 
the ETA 2112. States are to report all EUC08 payments, including 
reimbursable, UCFE/X on line 39, column F. (Note that it does not 
matter whether these employers have elected reimbursement status.) See 
Reporting Instructions, Paragraph 2.f for details.
    b. EUC08 Administrative Funds. Section 4004(c) of the Act 
appropriates funds from the Employment Security Administration Account 
(ESAA) in the UTF, to pay costs related to the

[[Page 6318]]

administration of the EUC08 agreement. Section 4004(c) also authorizes 
the Secretary to determine the amount to be paid to states for 
processing EUC08 workloads. States will receive EUC08 administrative 
funds through the contingency entitlement process. See Reporting 
Instructions, Paragraph 2.h. The supplemental budget request process 
will be used for states to request funds for implementation.
    2. EUC08 Accounting.
    a. Obligational Authority. The Grant Officer will assign a separate 
line on the UI program notices of obligational authority for EUC08 
administrative grant funds, and a separate sub-account for EUC08 will 
be set up in the Payment Management System for states to draw down 
EUC08 administrative funds.
    b. Administrative Fund Accounting. Because of the separate 
appropriation for EUC08 administrative funds and the availability of 
these funds until expended, states must track and report EUC08 
administrative expenditures and obligations separately from the regular 
UI program. Therefore, states must establish a separate fund ledger and 
must submit a separate ETA 9130 for the EUC08 program. States are to 
include any EUC08 administrative expenditures and obligations incurred 
in June 2008 in their September 30, 2008, EUC08 ETA 9130 report.
    c. Time Distribution. To ensure that regular UI and EUC08 costs are 
tracked separately, states need to charge time used for all EUC08 
activities to the appropriate UI functional activity codes as outlined 
in Appendix E to ET Handbook No. 410 under the separate EUC08 fund 
ledger; however, states should combine regular and EUC08 staff year 
usage data in Section A of the UI-3 worksheet.
    d. Accounting for EUC08 Payments (Benefits).
    (1) EUC08 advances to the states' UTF accounts and disbursements 
for EUC08 benefit payments will be reported on the monthly ETA 2112. Do 
not use a separate form for this report. (See Reporting Instructions.) 
Accurate reporting of advances, reimbursements and payments is 
important due to the monthly reconciliation of balances with Department 
of Labor records.
    (2) Since EUC08 paid to UCFE and UCX claimants will be funded out 
of General Revenues, the Federal Employees Compensation (FEC) Account 
will not be used to pay EUC08 benefits. Therefore, Federal agencies 
will not be required to reimburse the Unemployment Trust Fund for EUC08 
paid to ex-Federal civilian and military employees. The ETA 191 report 
and UCFE/UCX detailed claimant data provided by states to Federal 
agencies must exclude EUC08.
    3. Processing Refunds. There are two scenarios for returning funds 
to the program line for EUC08.
    a. The most likely scenario will be when the state has funds in its 
state benefit payment account and needs to return those funds to the 
EUCA. This should be completed as a negative amount posted to the 
appropriate line in ASAP. To accomplish this, the total draw for the 
day in ASAP must be greater than the negative balance posted to the 
appropriate line.
    b. The second scenario is when a state actually has the funds in 
its Federal UI account that are required to be returned to the 
appropriate program line. This should be accomplished by the state 
processing a book transfer transaction that accomplishes a transfer 
from its UI account to the appropriate program under the EUCA account.

Reporting Instructions

    1. General. The EUC08 program reports, ETA 207, ETA 218, ETA 227, 
ETA 5130 and ETA 5159 must be submitted electronically by using 
separate EUC08 entry screens that are available through the UI Required 
Reports electronic reporting system. EUC08 activity should also be 
reported on the ETA 2112, ETA 539 and UI-3 as specified below in 
section 2. Unless otherwise noted, definitions of items will follow 
definitions in the regular program as specified in ETA Handbook 401, 
4th Edition. Due dates will be the same as the regular versions of 
reports.
    Reporting will begin with the first reporting period in which the 
effective date of the EUC08 program falls. Reporting for all reports 
except the ETA 2112 will continue for twelve full months or four full 
quarters after the last payable week of the EUC08 program. For those 
reporting periods in this post-EUC08 time frame, only reports with non-
zero data need be submitted. Reporting on the ETA 2112 must continue 
for as long as there is activity.
    2. Data Items to be Reported.
    a. ETA 207. Report column 1, Total Determinations and 
Redeterminations, for lines 101 through 106. Report also lines 201 and 
202, columns 7 through 10; and lines 301 and 302, columns 11, 12, 14, 
and 17.
    b. ETA 218. Report line 100, columns 1 through 3.
    c. ETA 227. Report Section A, Overpayments Established, lines 101 
and 103, for columns 2 through 5. Also report all of Section C, 
Recovery/Reconciliation, excluding lines 303-307, columns 11-14.
    d. ETA 5130. Report all data elements.
    e. ETA 5159. For Section A, Claims Activities, report initial 
claims information for columns 2 through 5 and column 7 for lines 101 
through 103. Report eligibility reviews and continued weeks claimed 
activity for columns 8 through 12 for lines 201 through 203. The claims 
information needed for column 11 for lines 201 through 203 will be 
identified as entitlement type ``code 2'' (Federal Benefit Extension) 
in field number 28 on the Interstate Liable-Agent Data Transactions 
(LADT). For Section B, Payment Activities, report columns 14, 15, 17, 
18, and 19 for lines 301 through 302 and columns 21 and columns 24 
through 28 for line 303.
    (1) First Payments. Report the first payment under EUC08 program.
    (2) Final Payments. A final payment is to be reported when a 
payment is issued that exhausts the benefit entitlement in the 
individual's EUC08 account.
    f. ETA 2112. Regular activity must be reported in the aggregate on 
the electronic regular ETA 2112 report as usual. Information reflecting 
EUC08 activity must be reported as follows:
    (1) Line 16. Intra-Account Transfer. Include in line 16F the amount 
of EUC08 funds transferred from the UTF to the state benefit payment 
account. Line 16F must equal Line 47E.
    (2) Line 23. Federal Extended Compensation. Enter in columns C and 
E the amount of Federal funds received as advances or reimbursement for 
EUC08.
    (3) Lines 33, 34, 35. Enter total benefits paid, attributable to 
state and local governments, section 501(c)(3) nonprofits, and 
federally recognized Indian tribes, as appropriate, on the appropriate 
line for the type of employer, excluding EUC08 benefits.
    (4) Line 36. UCX Net Payments. Enter in columns C and F the net 
Federal portion of unemployment compensation paid to former members of 
the armed services, excluding EUC08. The total payments should be 
adjusted for refunds deposited during the month, credits and recharges, 
and cancellations and reissuances.
    (5) Line 39. EUC08 Activity. Enter in columns C and F the net 
amount for which the Federal government is liable for EUC08, including 
for UCFE and UCX claimants. Break out all disbursements by program in 
the ``Comments'' section as follows:
    (A) FUTA Funded--EUC08 benefits based on services for employers, 
except those listed in (B). For example, FUTA = $XXX.
    (B) General Revenues (GR) Funded--EUC08 benefits paid based on 
services performed for the Federal government

[[Page 6319]]

(UCFE and UCX), state and local government (contributory and non-
contributory), section 501(c)(3) non-profit employers (contributory or 
non-contributory employers to which Section 3309(a)(1) of the Internal 
Revenue Code applies), and federally recognized Indian Tribes 
(contributory or non-contributory). For example, GR = $YYY.
    (6) Line 42. Federal Emergency Compensation. Enter in columns C and 
F the net Federal Emergency Compensation paid for which the Federal 
government is liable. Examples are past emergency or supplemental 
benefits programs authorized and financed entirely by the Federal 
government during periods of high unemployment, such as SUA--Special 
Unemployment Assistance, FSB--Federal Supplemental Benefits, or FSC--
Federal Supplemental Compensation programs. (Note that payments under 
the Emergency Unemployment Compensation of 1991 and the Temporary 
Extended Unemployment Compensation Act of 2002 will continue to be 
reported on lines 40 and 41, respectively.) Identify the payment by 
program and amount in the ``comments'' section. Report all benefits 
paid, including the amounts transferred to the IRS for federal income 
tax withholding, regardless of whether paid from the state account in 
the UTF or the state benefit payment account.
    (7) Line 46. UCFE Net Payments. Enter in columns C and F the net 
Federal portion of unemployment compensation paid to former Federal 
civilian (including postal) employees, excluding EUC08. The total 
payments should be adjusted for refunds deposited during the month, 
credits and recharges, and cancellations and reissuances.
    (8) Line 50. Withholding. States are to report gross benefits in 
column F regardless of whether amounts of withholding transferred to 
the IRS go through the state benefit payment account. See ETA Handbook 
401, 3rd Edition, for specific instructions.
    g. ETA 539. Total weeks claimed for regular UC, UCFE, and UCX under 
the EUC08 program for the report period will be reported in the 
comments section and labeled as ``EUC08'' followed by the number. For 
example: ``EUC08=239''. (The agent weeks claimed information needed for 
this report will be obtained from the LADT identified in field 28 as 
``code 2'', Federal Benefit Extension.)
    h. UI-3 Worksheet. Report EUC08 claims activity/workload activity 
electronically on the lines for third tier programs on the regular UI-3 
report.
    i. Benefit Accuracy Measurement (BAM). All paid and denied EUC08 
claims will be excluded from the BAM Paid Claims Accuracy (PCA) and 
Denied Claims Accuracy (DCA) sampling frames. This is consistent with 
the policy followed for previous temporary programs. Per the 
instructions in ET Handbook 395, chapter III, the State UI Transactions 
File, Program Type (Data Element 11) must be coded ``8'' (Other) and 
Unemployment Duration Code (Data Element 12) must be coded ``5'' (Other 
federal extended benefits program).
    If an EUC08 claim is selected for any PCA or DCA sample because it 
was not properly coded in the State UI Transactions File, it must be 
coded ``8'' in PCA data element c1 (Program Code) or DCA data element 
22 (Program Code). These cases will not be investigated by BAM, and the 
BAM supervisor will not sign-off on these cases.
    Denied State UI, UCFE, or UCX claims filed for the sole purpose of 
establishing eligibility for EUC08 should be considered ``pro-forma'' 
claims. These cases will be deleted from the sample and will be coded 
``9'' in PCA data element c1 (Program Code) or DCA data element 22 
(Program Code) using the Delete Cases application in the BAM Supervisor 
Case Management menu. These cases will not be investigated by BAM, and 
the BAM supervisor will not sign-off on these cases.
    Because EUC08 and pro-forma UI, UCFE, and UCX cases will be 
excluded from the BAM PCA and DCA samples, BAM must sample additional 
cases in subsequent batches to compensate for the number of excluded 
PCA and DCA EUC08 and pro-forma cases.
    3. OMB Approval. These instructions have been submitted to the 
Office of Management and Budget (OMB), but have not yet been approved. 
Therefore, they should be considered draft instructions of proposed 
data collections. ETA will notify states upon OMB approval and 
communicate any changes deemed necessary during the OMB approval 
process.

Attachment B--General Provisions for Administering EUC08

Certifications and Assurances

    [cap] [ap] Compliance with Federal Requirements. States must comply 
with the provisions contained in the states' Agreements with the 
Department to administer EUC08 and with all applicable EUC08 funding 
instruments. States must perform such duties and functions in 
accordance with the Department's administrative requirements for grants 
and cooperative agreements at 29 CFR Parts 31, 32, 37, 96, 97, 98, and 
99. Allowable costs shall be determined in accordance with the Office 
of Management and Budget Circular A-87 (Revised).
    [Verbar] [ap] Prohibition on Subsidization of Forced or Indentured 
Child Labor. States, consistent with Section 103 of the General 
Provisions of the Department of Labor Appropriation Act, 2008, and in 
accordance with Executive Order No. 13126, must not obligate or expend 
funds made available to administer EUC08 for the procurement of goods 
mined, produced, manufactured, or harvested or services rendered, whole 
or in part, by forced or indentured child labor in industries and host 
countries already identified by the United States Department of Labor 
prior to enactment of the Department's 2008 appropriation.
    [Sigma] [ap] Salary and Bonus Pay Limitations: States, in 
compliance with Section 103 of the General Provisions of the Department 
of Labor Appropriation Act, 2008, must not use funds provided for EUC08 
administration to pay the salary and bonuses of an individual, either 
as direct costs or indirect costs, at a rate in excess of Executive 
Level II, except as provided for under section 101 of Public Law 109-
149. This limitation shall not apply to vendors providing goods and 
services as defined in OMB Circular No. A-133. Where states are 
recipients of such funds, states may establish a lower limit for 
salaries and bonuses of those receiving salaries and bonuses from 
subrecipients of such funds, taking into account factors including the 
relative cost-of-living in the state, the compensation levels for 
comparable state or local government employees, and the size of the 
organizations that administer Federal programs involved including 
Employment and Training Administration programs. See TEGL number 5-06 
for further clarification. The incurrence of costs and receiving 
reimbursement for these costs under this award certifies that the 
Grantee has read the above special condition and is in compliance.
    [infin] [ap] Veterans' Priority Provisions: This program, funded by 
the U.S. Department of Labor, is subject to the provisions of the 
``Jobs for Veterans Act'' (JVA), Public Law 107-288 (38 U.S.C. 4215). 
The JVA provides priority of service to veterans and spouses of certain 
veterans for the receipt of employment, training, and placement 
services. Please note that, to obtain priority service, a veteran must 
meet the program's eligibility requirements. Training and Employment 
Guidance Letter (TEGL) No. 5-03 (September 16,

[[Page 6320]]

2003) provided general guidance on the scope of the veterans priority 
statute and its effect on current employment and training programs. In 
addition to TEGL No. 5-03, a series of questions and answers related to 
priority of service is posted at http://www.doleta.gov/programs/VETs 
for fifteen (15) programs administered by ETA. As made applicable by 
TEGL 13-06, the Department of Labor Planning Guidance on the Workforce 
Investment Act (WIA) of 1998 and the Wagner-Peyser Act (70 FR 19206 
(Apr. 12, 2005)) and the revised Unified Planning Guidance (70 FR 19222 
(April 12, 2005)) require states to describe the policies and 
strategies in place to ensure, pursuant to the JVA, that priority of 
service is provided to veterans (and certain spouses) who otherwise 
meet the eligibility requirements for all employment and training 
programs funded by the U.S. Department of Labor and administered by 
ETA. In addition, the states were required to provide assurances that 
they will comply with the Veterans' Priority Provisions established by 
the JVA. States must adhere to JVP requirements, as interpreted by the 
Department, in administering EUC08.
    [not] [ap] Certifications and Assurances. In administering EUC08, 
states must fully comply with the following State Quality Service Plan 
(SQSP) assurances, with two ``exceptions/revisions'' and one 
``expansion'' annotated below. These SQSP assurances are detailed in 
Chapter 1, Part VII of the ``Unemployment Insurance State Quality 
Service Plan (SQSP) Planning and Reporting Guidelines,'' ET Handbook 
No. 336 (18th Edition).

    A. Assurance of Equal Opportunity (EO).
    B. Assurance of Administrative Requirements and Allowable Cost 
Standards.
    C. Assurance of Management Systems, Reporting, and 
Recordkeeping.
    D. Assurance of Program Quality.
    E. Assurance on Use of Unobligated Funds.
    F. Assurance of Prohibition of Lobbying Costs (29 CFR Part 93).
    G. Drug-Free Workplace (29 CFR Part 98).
    H. Assurance of Disaster Recovery Capability.
    I. Assurance of Conformity and Compliance.
    J. Assurance of Automated Information Systems Security.
    K. Assurance of Confidentiality.

    Additionally, the Office of Management and Budget (OMB), SF 424 B 
Assurances--Non-Construction Programs, signed and submitted by each 
state with the SQSP annual submission, also apply.

Attachment C--Title IV--Emergency Unemployment Compensation

Title IV--Emergency Unemployment Compensation

Federal-State Agreements
    SEC. 4001. (a) In General.--Any State which desires to do so may 
enter into and participate in an agreement under this title with the 
Secretary of Labor (in this title referred to as the ``Secretary''). 
Any State which is a party to an agreement under this title may, upon 
providing 30 days' written notice to the Secretary, terminate such 
agreement.
    (b) Provisions of Agreement.--Any agreement under subsection (a) 
shall provide that the State agency of the State will make payments of 
emergency unemployment compensation to individuals who--
    (1) Have exhausted all rights to regular compensation under the 
State law or under Federal law with respect to a benefit year 
(excluding any benefit year that ended before May 1, 2007);
    (2) Have no rights to regular compensation or extended compensation 
with respect to a week under such law or any other State unemployment 
compensation law or to compensation under any other Federal law (except 
as provided under subsection (e)); and
    (3) Are not receiving compensation with respect to such week under 
the unemployment compensation law of Canada.
    (c) Exhaustion of Benefits.--For purposes of subsection (b)(1), an 
individual shall be deemed to have exhausted such individual's rights 
to regular compensation under a State law when--
    (1) No payments of regular compensation can be made under such law 
because such individual has received all regular compensation available 
to such individual based on employment or wages during such 
individual's base period; or
    (2) Such individual's rights to such compensation have been 
terminated by reason of the expiration of the benefit year with respect 
to which such rights existed.
    (d) Weekly Benefit Amount, etc.--For purposes of any agreement 
under this title--
    (1) The amount of emergency unemployment compensation which shall 
be payable to any individual for any week of total unemployment shall 
be equal to the amount of the regular compensation (including 
dependents' allowances) payable to such individual during such 
individual's benefit year under the State law for a week of total 
unemployment;
    (2) The terms and conditions of the State law which apply to claims 
for regular compensation and to the payment thereof shall apply to 
claims for emergency unemployment compensation and the payment thereof, 
except--
    (A) That an individual shall not be eligible for emergency 
unemployment compensation under this title unless, in the base period 
with respect to which the individual exhausted all rights to regular 
compensation under the State law, the individual had 20 weeks of full-
time insured employment or the equivalent in insured wages, as 
determined under the provisions of the State law implementing section 
202(a)(5) of the Federal-State Extended Unemployment Compensation Act 
of 1970 (26 U.S.C. 3304 note); and
    (B) Where otherwise inconsistent with the provisions of this title 
or with the regulations or operating instructions of the Secretary 
promulgated to carry out this title; and
    (3) The maximum amount of emergency unemployment compensation 
payable to any individual for whom an emergency unemployment 
compensation account is established under section 4002 shall not exceed 
the amount established in such account for such individual.
    (e) Election by States.--Notwithstanding any other provision of 
Federal law (and if State law permits), the Governor of a State that is 
in an extended benefit period may provide for the payment of emergency 
unemployment compensation prior to extended compensation to individuals 
who otherwise meet the requirements of this section.
    (f) Unauthorized Aliens Ineligible.--A State shall require as a 
condition of eligibility for emergency unemployment compensation under 
this Act that each alien who receives such compensation must be legally 
authorized to work in the United States, as defined for purposes of the 
Federal Unemployment Tax Act (26 U.S.C. 3301 et seq.). In determining 
whether an alien meets the requirements of this subsection, a State 
must follow the procedures provided in section 1137(d) of the Social 
Security Act (42 U.S.C. 1320b-7(d)).
Emergency Unemployment Compensation Account
    SEC. 4002. (a) In General.--Any agreement under this title shall 
provide that the State will establish, for each eligible individual who 
files an application for emergency unemployment compensation, an 
emergency unemployment

[[Page 6321]]

compensation account with respect to such individual's benefit year.
    (b) Amount In Account.--
    (1) In General.--The amount established in an account under 
subsection (a) shall be equal to the lesser of--
    (A) 50 percent of the total amount of regular compensation 
(including dependents' allowances) payable to the individual during the 
individual's benefit year under such law, or
    (B) 13 times the individual's average weekly benefit amount for the 
benefit year.
    (2) Weekly Benefit Amount.--For purposes of this subsection, an 
individual's weekly benefit amount for any week is the amount of 
regular compensation (including dependents' allowances) under the State 
law payable to such individual for such week for total unemployment.
Payments to States Having Agreements for the Payment of Emergency 
Unemployment Compensation
    SEC. 4003. (a) General Rule.--There shall be paid to each State 
that has entered into an agreement under this title an amount equal to 
100 percent of the emergency unemployment compensation paid to 
individuals by the State pursuant to such agreement.
    (b) Treatment of Reimbursable Compensation.--No payment shall be 
made to any State under this section in respect of any compensation to 
the extent the State is entitled to reimbursement in respect of such 
compensation under the provisions of any Federal law other than this 
title or chapter 85 of title 5, United States Code. A State shall not 
be entitled to any reimbursement under such chapter 85 in respect of 
any compensation to the extent the State is entitled to reimbursement 
under this title in respect of such compensation.
    (c) Determination of Amount.--Sums payable to any State by reason 
of such State having an agreement under this title shall be payable, 
either in advance or by way of reimbursement (as may be determined by 
the Secretary), in such amounts as the Secretary estimates the State 
will be entitled to receive under this title for each calendar month, 
reduced or increased, as the case may be, by any amount by which the 
Secretary finds that the Secretary's estimates for any prior calendar 
month were greater or less than the amounts which should have been paid 
to the State. Such estimates may be made on the basis of such 
statistical, sampling, or other method as may be agreed upon by the 
Secretary and the State agency of the State involved.
Financing Provisions
    SEC. 4004. (a) In General.--Funds in the extended unemployment 
compensation account (as established by section 905(a) of the Social 
Security Act (42 U.S.C. 1105(a)) of the Unemployment Trust Fund (as 
established by section 904(a) of such Act (42 U.S.C. 1104(a)) shall be 
used for the making of payments to States having agreements entered 
into under this title.
    (b) Certification.--The Secretary shall from time to time certify 
to the Secretary of the Treasury for payment to each State the sums 
payable to such State under this title. The Secretary of the Treasury, 
prior to audit or settlement by the Government Accountability Office, 
shall make payments to the State in accordance with such certification, 
by transfers from the extended unemployment compensation account (as so 
established) to the account of such State in the Unemployment Trust 
Fund (as so established).
    (c) Assistance to States.--There are appropriated out of the 
employment security administration account (as established by section 
901(a) of the Social Security Act (42 U.S.C. 1101(a)) of the 
Unemployment Trust Fund, without fiscal year limitation, such funds as 
may be necessary for purposes of assisting States (as provided in title 
III of the Social Security Act (42 U.S.C. 501 et seq.)) in meeting the 
costs of administration of agreements under this title.
    (d) Appropriations for Certain Payments.--There are appropriated 
from the general fund of the Treasury, without fiscal year limitation, 
to the extended unemployment compensation account (as so established) 
of the Unemployment Trust Fund (as so established) such sums as the 
Secretary estimates to be necessary to make the payments under this 
section in respect of--
    (1) Compensation payable under chapter 85 of title 5, United States 
Code; and
    (2) Compensation payable on the basis of services to which section 
3309(a)(1) of the Internal Revenue Code of 1986 applies. Amounts 
appropriated pursuant to the preceding sentence shall not be required 
to be repaid.
Fraud and Overpayments
    SEC. 4005. (a) In General.--If an individual knowingly has made, or 
caused to be made by another, a false statement or representation of a 
material fact, or knowingly has failed, or caused another to fail, to 
disclose a material fact, and as a result of such false statement or 
representation or of such nondisclosure such individual has received an 
amount of emergency unemployment compensation under this title to which 
such individual was not entitled, such individual--
    (1) Shall be ineligible for further emergency unemployment 
compensation under this title in accordance with the provisions of the 
applicable State unemployment compensation law relating to fraud in 
connection with a claim for unemployment compensation; and
    (2) Shall be subject to prosecution under section 1001 of title 18, 
United States Code.
    (b) Repayment.--In the case of individuals who have received 
amounts of emergency unemployment compensation under this title to 
which they were not entitled, the State shall require such individuals 
to repay the amounts of such emergency unemployment compensation to the 
State agency, except that the State agency may waive such repayment if 
it determines that--
    (1) The payment of such emergency unemployment compensation was 
without fault on the part of any such individual; and
    (2) Such repayment would be contrary to equity and good conscience.
    (c) Recovery by State Agency.--
    (1) In General.--The State agency may recover the amount to be 
repaid, or any part thereof, by deductions from any emergency 
unemployment compensation payable to such individual under this title 
or from any unemployment compensation payable to such individual under 
any State or Federal unemployment compensation law administered by the 
State agency or under any other State or Federal law administered by 
the State agency which provides for the payment of any assistance or 
allowance with respect to any week of unemployment, during the 3-year 
period after the date such individuals received the payment of the 
emergency unemployment compensation to which they were not entitled, 
except that no single deduction may exceed 50 percent of the weekly 
benefit amount from which such deduction is made.
    (2) Opportunity for Hearing.--No repayment shall be required, and 
no deduction shall be made, until a determination has been made, notice 
thereof and an opportunity for a fair hearing has been given to the 
individual, and the determination has become final.
    (d) Review.--Any determination by a State agency under this section 
shall be subject to review in the same manner and to the same extent as

[[Page 6322]]

determinations under the State unemployment compensation law, and only 
in that manner and to that extent.
Definitions
    SEC. 4006. In this title, the terms ``compensation'', ``regular 
compensation'', ``extended compensation'', ``benefit year'', ``base 
period'', ``State'', ``State agency'', ``State law'', and ``week'' have 
the respective meanings given such terms under section 205 of the 
Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
3304 note).
Applicability
    SEC. 4007. (a) In General--Except as provided in subsection (b), an 
agreement entered into under this title shall apply to weeks of 
unemployment--
    (1) Beginning after the date on which such agreement is entered 
into; and
    (2) Ending on or before March 31, 2009.
    (b) Transition for Amount Remaining in Account.--
    (1) In General.--Subject to paragraph (2), in the case of an 
individual who has amounts remaining in an account established under 
section 4002 as of the last day of the last week (as determined in 
accordance with the applicable State law) ending on or before March 31, 
2009, emergency unemployment compensation shall continue to be payable 
to such individual from such amounts for any week beginning after such 
last day for which the individual meets the eligibility requirements of 
this title.
    (2) Limit on Compensation.--No compensation shall be payable by 
reason of paragraph (1) for any week beginning after June 30, 2009.

    Advisory: Unemployment Insurance Program Letter No. 23-08, Change 
1.
    To: State Workforce Agencies.
    From: Brent R. Orrell, Deputy Assistant Secretary.
    Subject: Emergency Unemployment Compensation, 2008--Questions and 
Answers.

    1. Purpose. To respond to questions regarding the Emergency 
Unemployment Compensation, 2008 (EUC08) program (included as Attachment 
A to this UIPL); to correct the ending date(s) during which an 
individual may receive a final payment for EUC08 during the phase-out 
period of the program; and to change the expiration date of 
Unemployment Insurance Program Letter (UIPL) No. 23-08 to 
``continuing.''
    2. References. UIPL 23-08; Supplemental Appropriations Act, 2008 
(Act), Title IV--Emergency Unemployment Compensation, Public Law 110-
252.
    3. Background. The EUC08 program became effective in most states 
during the week beginning July 6, 2008 (week beginning July 7th in New 
York). The program provides up to 13 weeks of 100 percent federally-
funded compensation to eligible individuals.
    4. Correction to End Date for EUC08 Payments and to ``Expiration 
Date'' of UIPL 23-08. The legislation provides that no EUC08 is payable 
for weeks ``beginning after June 30, 2009.'' In most states, where 
benefit weeks end on Saturdays, the practical effect is that the week 
ending July 4, 2009, is the last week for which benefits can be paid. 
UIPL No. 23-08 stated incorrectly that the week-ending June 27, 2009, 
was the final week for which benefits could be paid. In addition, the 
``Expiration Date'' for UIPL No. 23-08 is changed to read 
``Continuing.''
    5. Action. State Administrators are requested to provide this 
guidance to appropriate staff.
    6. Attachment. Emergency Unemployment Compensation, 2008--Questions 
and Answers

Emergency Unemployment Compensation, 2008

Questions and Answers

Table of Contents

 
 
 
A. Claims Processing for EUC08..............................        p. 2
B. Individuals Potentially Eligible for EUC08...............        p. 3
C. Applicable Benefit Year for EUC08 Purposes...............        p. 3
D. Monetary Eligibility.....................................        p. 4
E. Requalifying Requirements for Successive Benefit Years           p. 6
 (``Double Dip'') Provisions................................
F. Base Period Employment Requirement.......................        p. 6
G. Seasonal Provisions/Between Terms Denial.................        p. 7
H. Work Search/Job Service Registration Requirements........        p. 8
I. Non-Monetary Issues......................................        p. 8
J. EUC08 Benefit Intercept..................................        p. 9
K. Overpayments.............................................        p. 9
L. Short-Time Compensation (STC) Program....................       p. 10
M. Extensions for Approved Training.........................       p. 11
N. Self-Employment Assistance...............................       p. 11
O. EUC08 Effect on Trade Readjustment Allowances (TRA)......       p. 11
P. Interstate Benefits/Combined Wage Claims (CWC)...........       p. 12
Q. Claims Filed by Aliens...................................       p. 12
R. Application of Worker Profiling and Reemployment Services       p. 13
 (WPRS).....................................................
S. EUC08 Relation to Extended Benefits......................       p. 13
 

A. Claims Processing for EUC08

    [cap] [ap] Question: What is the earliest effective date for EUC08 
claims, and what is the first week payable?
    Answer: In most states, where the week of unemployment begins on 
Sunday, the earliest effective date for a claim is July 6, 2008. In 
these states, the first week for which EUC08 may be paid is the week 
ending July 12, 2008.
    [Verbar] [ap] Question: If an individual is in continued claim 
status on a regular UC claim when s/he exhausts UC, may the claim be 
automatically switched to an EUC08 claim without an EUC08 initial 
claim?
    Answer: No. An EUC08 initial claim must be filed that meets the 
state's requirements for claim filing. (See Attachment A to UIPL No. 
23-08; page A-8, <greek-i>2, Claims for EUC08).
    [Sigma] [ap] Question: May a state backdate an EUC08 claim if an 
individual files a late claim and requests backdating?
    Answer: Section 4001(d)(2) of the Act provides that state law will 
apply; the state must follow its own unemployment compensation (UC) law 
with respect to backdating of an EUC08 claim.
    [infin] [ap] Question: If state law requires a request for 
redetermination before

[[Page 6323]]

appeal of a monetary determination, is state law followed for EUC08 
monetary appeals?
    Answer: Yes. Section 4001(d)(2) of the Act provides that the 
provisions of state law will apply regarding EUC08 claim re-
determinations and appeals.
    [not] [ap] Question: Section 4007(a)(2) of the Act provides that 
EUC08 shall apply to weeks of unemployment ending on or before March 
31, 2009. How does this apply to weeks of unemployment that are not a 
calendar week, for example, the seven day period of March 25-March 31, 
2009?
    Answer: Where state laws permit ``flexible weeks'' of unemployment 
that follow, for example, an employer's payroll week structure, weeks 
ending on or before (Tuesday) March 31, 2009, would be payable.
    [rarr] [ap] Question: Regarding the phase-out of the EUC08 program 
(when there are remaining amounts in an individual's EUC08 account), 
Section 4007(b)(2) of the Act provides that no EUC08 shall be payable 
for any week beginning after June 30, 2009. Is EUC08 payable for the 
week of (Tuesday) June 30, 2009, that ends (Monday) July 6, 2009?
    Answer: Yes. If state law permits weeks of unemployment to begin on 
(Tuesday) June 30, 2009, the week ending (Monday) July 6, 2009, would 
be the final week.

B. Individuals Potentially Eligible for EUC08

    [cap] [ap] Question: Is an individual potentially eligible for 
EUC08 if s/he filed a new claim and established a benefit year that 
ended on or after May 1, 2007, but received no payments before the 
benefit year ended?
    Answer: Yes. The ending of the benefit year prevents the individual 
from receiving the regular UC balance that was available. The 
individual is an exhaustee for EUC08 purposes.
    [Verbar] [ap] Question: Is there a waiting week for EUC08 if the 
individual has never served a waiting week during the applicable 
benefit year?
    Answer: No. There is no waiting period requirement for EUC08.
    [Sigma] [ap] Question: If an individual files a new UC claim and is 
found monetarily ineligible (e.g., no wages or insufficient wages) for 
regular UC, does the agency need to check for any earlier/prior benefit 
year(s) to determine if the individual may qualify for EUC08?
    Answer: Yes. To determine if the individual qualifies for EUC08, 
the state will need to check for any prior benefit year(s) that ended 
on or after May 1, 2007, and determine if the individual is an 
exhaustee. See Attachment A to UIPL 23-08, page A-1 Definitions--#4 and 
page A-3, <greek-i>1(b), Determining Exhaustees.

C. Applicable Benefit Year for EUC08 Purposes

    [cap] [ap] Question: May an individual choose the benefit year 
under which an EUC08 claim will be filed? For example, the individual 
has two different benefit years that ended on or after May 1, 2007, or 
the individual has one benefit year that ended on or after May 1, 2007 
and another benefit year that has not ended but all UC benefits have 
been exhausted?
    Answer: No. The applicable benefit year is the most recent benefit 
year. (See Attachment A to UIPL No. 23-08, page A-1, Definitions--
<greek-i>4.)
    [Verbar] [ap] Question: If, due to the receipt of severance pay, an 
individual's eligibility for regular UC is postponed or reduced to zero 
and no regular UC is paid during the entire benefit year, which has 
ended, is the individual considered to be an ``exhaustee?''
    Answer: Yes. Once the individual's benefit year ends, the 
individual is an exhaustee. (See Section 4001(c)(2) of the Act.) Note: 
Disqualifications, including those related to deductible income, that 
are imposed by state law will also apply to EUC08 claims.
    [Sigma] [ap] Question: An individual has two different benefit 
years that ended on or after May 1, 2007. However, on the most recent 
benefit year, the individual does not meet the 20 weeks of work 
requirement. The individual's prior benefit year does meet this 
requirement. Since the most recent benefit year does not meet the EUC08 
monetary requirements, might the individual qualify for EUC08 based on 
the prior benefit year?
    Answer: No. The applicable benefit year, which is used as the basis 
for an EUC08 claim, is the most recent benefit year.

D. Monetary Eligibility

    [cap] [ap] Question: Is there a uniform 13-week duration for all 
EUC08 claims?
    Answer: No. The EUC08 maximum benefit amount (MBA) is computed as 
the lesser of 50 percent of the individual's regular UC MBA, including 
dependents' allowance(s), or 13 times the individual's average weekly 
benefit amount (WBA). Fifty percent of the regular MBA may result in 
less than 13 weeks of benefits, for example, where an individual only 
qualifies for an MBA of 10 weeks of regular UC. (See Section 4002(b)(1) 
of the Act.)
    [Verbar] [ap] Question: If there has been a recent increase in the 
state's WBA that applies to all benefit years on file with a balance, 
what impact does it have on the EUC08 WBA and MBA?
    Answer: The increase will affect the calculation of the EUC08 WBA 
and MBA if it increases the claimant's WBA for regular compensation for 
the applicable benefit year. The individual's EUC08 WBA is the most 
recent WBA of regular compensation for the applicable benefit year. The 
individual's EUC08 MBA is also affected by the WBA increase for regular 
compensation because the EUC08 MBA is the lesser of 50 percent of the 
total regular UC for the benefit year (which would be increased by the 
WBA increase) or 13 times the average WBA paid during the benefit year 
(which also would be increased by the WBA increase). (See Section 
4002(b)(1) of the Act.)
    For example, if an individual received regular UC for 20 weeks at 
$200 and the remaining 6 weeks at $220, his/her EUC08 WBA will be $220, 
and the EUC08 MBA will be $2,660 which is the lesser of 50% of $5320 
($2,660) or 13 times $210 ($200 + $220 divided by 2 ($2,730), the 
average of both WBAs). State law rounding provisions will apply.
    [Sigma] [ap] Question: If an individual receives a monetary penalty 
on his/her regular claim, is the EUC08 claim based on the regular 
amount before or after the penalty (e.g., wage cancellation or 
reduction of the MBA)?
    Answer: The EUC08 claim is based on the amount determined before 
the penalty. Section 4002(b)(1) of the Act requires that the amount in 
the EUC08 account equal the lesser of 50 percent of the regular 
benefits payable or 13 times the average WBA. The Department has 
consistently held that the determination of the monetary award for 
federally financed extensions should be based on the regular UC amount 
prior to the application of a penalty because to base entitlement on 
the lesser re-determined amount would be tantamount to imposing a 
second penalty for the same disqualifying act. (See 20 CFR 
615.5(a)(1)(i) and (b)(3), which applies the same principle in the 
extended benefits (EB) program in determining exhaustion.)
    [infin] [ap] Question: May individuals who have had their base 
period wage credits canceled or who have had their regular maximum 
benefit amount reduced to one week establish a EUC08 claim? If ``yes,'' 
how is the EUC08 monetary account calculated?
    Answer: Yes. Consistent with the EB regulations (20 CFR 
615.5(a)(1)(i) and (b)(3)) the individual is an exhaustee if no regular 
compensation is payable. Also, the individual's EUC08 monetary account 
is calculated using the

[[Page 6324]]

monetary determination before wage cancellation or benefit reduction, 
as explained in <greek-i>3 above.
    [not] [ap] Question: If the calculation of the individual's EUC08 
MBA at 50 percent of the MBA for regular compensation results in a 
fraction that requires rounding, are state law rounding provisions 
followed?
    Answer: Yes. States are to round up or down in accordance with 
their state law.
    [rarr] [ap] Question: A state's formula for determining the MBA for 
regular compensation is the lesser of 26 times the WBA or one-third of 
the base period wages credits. When an individual is unemployed due to 
a plant closing, the state pays up to 13 additional weeks of benefits 
as the lesser of 39 times the WBA or one-half of the base period wage 
credits. State law does not specifically define these benefits as 
additional compensation. Are the plant closing benefits considered 
additional compensation for EUC08 purposes?
    Answer: Yes. These benefits meet the definition of ``additional 
compensation'' in Attachment A to UIPL No. 23-08, that is, 
``compensation totally financed by a state and payable under a state 
law by reason of high unemployment or other special factors.'' 
(Emphasis added.) The ``special factor'' here is that these benefits 
are paid for plant closings. As ``additional compensation,'' these 
benefits are excluded from use in the calculation of EUC08 monetary 
entitlement. Further, EUC08 may be paid prior to these benefits, 
because Section 4001(b)(2) of the Act does not require, as a condition 
of EUC08 eligibility, exhaustion of additional compensation.
    [larr] [ap] Question: May an individual have more than one EUC08 
claim?
    Answer: Yes. An individual may establish a claim for EUC08, qualify 
for a new UC benefit year, exhaust that benefit year, exhaust the first 
EUC08 claim and subsequently qualify for a second EUC08 claim based on 
the new (most recent) benefit year.

    Example: An individual is determined eligible for EUC08 based on 
a UC benefit year that ended on May 12, 2007. S/he receives 10 weeks 
of EUC08 prior to the calendar quarter change, at which point s/he 
qualifies for a new UC benefit year. Because the individual 
qualifies for regular UC, EUC08 payments must stop.
    The individual exhausts benefits based on his/her new UC benefit 
year; therefore, s/he is again an exhaustee for EUC08 purposes. S/he 
may collect the remaining entitlement on his/her existing (first) 
EUC08 claim and after exhausting these benefits s/he may file a new 
(second) EUC08 claim based on the new (most recent) UC benefit year. 
The new/most recent benefit year is the applicable benefit year for 
a second EUC08 claim, if the initial claim for that second claim is 
for a week of unemployment ending on or before March 31, 2009.

E. Requalifying Requirements for Successive Benefit Years (``Double 
Dip'') Provisions

    [cap] [ap] Question: State law requires an individual who received 
UC in a benefit year to have had work since the beginning of the 
benefit year to qualify for a new benefit year. How does this ``double 
dip'' requirement affect eligibility for EUC08?
    Answer: Section 3304(a)(7) of the Federal Unemployment Tax Act 
(FUTA) requires, as a condition of a state's participation in the 
federal-state UC program, that the state law provide that ``an 
individual who has received [UC] during his benefit year is required to 
have had work since the beginning of such year in order to qualify for 
[UC] in his next [second] benefit year.''
    Where an individual is unable to satisfy this ``double dip'' 
requirement, some states will nevertheless establish a second benefit 
year, although the individual will have no monetary entitlement on that 
benefit year until s/he satisfies the requirement. Whether or not the 
state establishes a new benefit year when the individual does not 
satisfy the double dip requirement, an individual is an exhaustee and 
will qualify for EUC08, if otherwise eligible. This follows the 
approach taken in the EB program. (See 20 CFR 615.2(c)(2))

F. Base Period Employment Requirement

    [cap] [ap] Question: An individual has covered employment and wages 
in two states and filed a combined wage claim (CWC). Although wages 
were transferred to State A from State B, the individual has 
established a benefit year based only on wages from State A because the 
base period wages from State B do not increase the weekly or maximum 
benefit amount. Therefore, a CWC was not established and State A 
returned wages to State B. May State A use the wage transfer record 
(TC-IB4) it received from State B as evidence of employment and wages 
in the base period of the claim, which will satisfy the 20-week work 
requirement or its equivalent for EUC08 entitlement?
    Answer: Yes. Section 4001(d)(2)(A) of the Act requires an 
individual to have 20 weeks of full-time insured employment or the 
equivalent in insured wages under the provisions of applicable state 
law to qualify. It does not require all of the employment and wages to 
have been used in the determination of monetary entitlement for the 
applicable benefit year.
    [Verbar] [ap] Question: How is full-time work determined for 
purposes of the 20-weeks-of-work requirement?
    Answer: It is ``determined under the provisions of the State law 
implementing section 202(a)(5) of the Federal-State Extended 
Unemployment Compensation Act of 1970.'' (Section 4002(d)(2)(A) of the 
Act.) This requires the state to follow the monetary qualifying 
requirements that the individual meets at least one of the following:
    <bullet> One and one-half times the individual's high quarter 
wages;
    <bullet> 40 times the most recent weekly benefit amount; or
    <bullet> 20 weeks of full-time insured employment as provided by 
the state's law. Note: Full-time may not always be defined as 40 hours 
per week; states will refer to their state law for the definition of 
``full-time.'' See 20 CFR 615.4(b) regarding these options.

G. Seasonal Provisions/Between Terms Denial

    1. Question: Are employees of educational institutions who are 
denied regular benefits because of the between-and-within terms denial 
provisions eligible for EUC08 during those between-and-within terms 
periods?
    Answer: No. Section 3304(a)(6)(A) of the Federal Unemployment Tax 
Act (FUTA) requires, as a condition of participation in the federal-
state UC program, that state law limit the eligibility of individuals 
based upon services performed for educational institutions between and 
within academic terms. With exceptions not relevant here, section 
4001(d)(2) of the Act applies the terms and conditions of the state law 
to claims for EUC08. Therefore, the same between and within terms 
denial provisions of state law apply to EUC08 claims. Note: Employees 
of educational institutions who establish a benefit year based on non-
school wages may qualify for EUC08 between-and-within terms after 
exhausting all UC that is based on their non-school wages. The WBA for 
the EUC08 claim must be based on the non-school wages.
    2. Question: Under a state's seasonality provisions, benefits based 
on seasonal wages may be paid only during the normal seasonal period 
for which the seasonal wage credits were earned. Is a seasonal worker, 
whose monetary determination is based solely on seasonal wages and who 
is ineligible because of the seasonality provisions, considered an 
``exhaustee'' for EUC08 purposes?

[[Page 6325]]

    Answer: Yes. The EB exhaustion provisions (20 CFR 615.5(b)(2)) 
regarding seasonal workers make seasonal workers potentially eligible 
as exhaustees during the ``off'' season. The same rule is applicable 
for EUC08 claims.

H. Work Search/Job Service Registration Requirements

    [cap] [ap] Question: Do EB work search requirements apply to EUC08?
    Answer: No. The Act does not apply the EB work search requirements 
to EUC08. Rather, under section 4001(d)(2) of the Act, the work search 
requirements of state law apply to EUC08.
    [Verbar] [ap] Question: Do state law provisions requiring an 
individual to be able and available for work apply to EUC08?
    Answer: Yes. See Section 4001(d)(2) of the Act.
    [Sigma] [ap] Question: Is it inconsistent with federal law for a 
state to electronically reactivate prior work registrations and require 
the same number of job contacts for EUC08 as was required for regular 
UC?
    Answer: No. Federal law requires this result. Under Section 
4001(d)(2) of the Act, state law work search and employment service 
registration requirements apply to EUC08 eligibility.

I. Non-Monetary Issues

    [cap] [ap] Question: Must states adjudicate any new separation 
issue(s) that occurred after the individual exhausted his or her UC 
claim?
    Answer: Yes. State must adjudicate separation issues in accordance 
with state law for all EUC08 claims.
    [Verbar] [ap] Question: If state law provides for adjudication of 
all separations from the beginning of the base period to the time a 
claim is filed, does this provision of state law apply to EUC08 claims?
    Answer: Yes. See Section 4001(d)(2) of the Act.
    [Sigma] [ap] Question: If an individual has satisfied/purged a 
disqualification, for example, disqualifications related to fraud, 
separation, or refusal of suitable work, is s/he eligible for EUC08, if 
otherwise eligible?
    Answer: Yes. The individual is eligible for EUC08, if all other 
requirements are met.
    [infin] [ap] Question: Our state assesses penalty weeks for making 
false statements. An otherwise eligible individual must certify for 
benefits to satisfy this penalty. May an individual who is otherwise 
eligible to file an EUC08 claim use EUC08 weeks to satisfy this 
penalty?
    Answer: Yes, the individual may use EUC08 weeks to satisfy this 
penalty, but will be ineligible for EUC08 during those penalty weeks.
    [not] [ap] Question: Our state assesses penalty weeks for false 
statements and suitable work disqualifications. Our penalty is a set 
number of weeks and the individual does not have to certify or be 
eligible for benefits to ``serve'' these penalty weeks. Would 
individuals qualify for EUC08 payments during the period when they are 
``serving'' these weeks?
    Answer: No. As in the answer above, the individual is ineligible 
for EUC08 for the penalty weeks. Where an individual is disqualified 
for benefits under state law, s/he would not qualify for EUC08 until 
the time period for the disqualification has been satisfied/has passed.

J. EUC08 Benefit Intercept

    [cap] [ap] Question: Are EUC08 payments subject to child support 
intercept and similar levies and attachments?
    Answer: Yes, but only to the extent that doing so is consistent 
with federal and state law. As explained in UIPL No. 45-89, the Federal 
``withdrawal standard'' limits deductions from UC to those authorized 
or required by Federal law. One of the required offsets pertains to 
child support. Further, the terms and conditions of state law apply to 
EUC08, including intercepts and offsets, except where inconsistent with 
the Act or operating instructions.
    [Verbar] [ap] Question: What is the order of priority for 
deductions of overpayment offset, child support, and income taxes?
    Answer: The state will follow the same procedures that apply to 
regular compensation. (See UIPL 17-95, Change 1.)

K. Overpayments

    [cap] [ap] Question: May EUC08 benefits be offset to recover state 
UC overpayments?
    Answer: Yes, if the state has a Cross-Program Overpayment Offset 
Agreement with the Secretary. The state must follow the agreement in 
recovering overpayments.
    [Verbar] [ap] Question: Must all offsets from EUC08 be 50 percent 
even if state law requires a 100 percent offset of benefits?
    Answer: No. The Act provides that the 50 percent limit applies only 
to offsets to recover EUC08. It does not apply to offsets of EUC08 to 
recover state UI overpayments.
    [Sigma] [ap] Question: May a state apply its own state law waiver 
provisions to EUC08 overpayments?
    Answer: A state law's waiver provision may be applied to non-
fraudulent EUC08 overpayments if the provision requires the state to 
determine that (1) the payment of EUC08 was without fault on the part 
of the individual and (2) repayment would be contrary to equity and 
good conscience. (See Attachment A to UIPL NO. 23-08, page A-11, 
<greek-i>6(b)(1), Application of State Waiver Provision.)
    [infin] [ap] Question: How should states handle prosecutions of 
EUC08 fraud overpayments?
    Answer: States must pursue EUC08 fraud cases in the same manner as 
all other Federal UC fraud cases are handled. For referrals of fraud 
cases to the U.S. Department of Labor's Office of Inspector General 
(OIG), see UIPL No 29-05.
    [not] [ap] Question: Are states required to use only benefit 
offsets to recover EUC08 overpayments?
    Answer: No, Section 4004(c)(1) merely authorizes offset against 
EUC08 benefits as one method of recovery. ``EUC08 overpayment recovery 
shall be enforced by any action or proceeding which may be brought 
under state or Federal law * * *'' See Attachment A to UIPL No. 23-08; 
page A-13, <greek-i>6(b)(3)(D), Recovery of Overpayments, Section 
4005(c) of the Act.
    [rtarr3] [ap] Question: States are still recovering overpayments 
from the 2002 Temporary Extended Unemployment Compensation (TEUC) 
program. Is it necessary to separately report those 2002 overpayments 
recovered from any EUC08 overpayments recovered?
    Answer: Yes. Transactions concerning the 2002 TEUC program should 
be reported separately from EUC08 transactions.

L. Short-Time Compensation (STC) Program

    [cap] [ap] Question: May EUC08 be paid to individuals participating 
in a short-time compensation (STC or worksharing) program?
    Answer: Yes. If an individual participating in an STC program is an 
exhaustee for EUC08 purposes and is otherwise eligible, EUC08 must be 
paid to an otherwise eligible individual on the same terms and 
conditions as apply to regular compensation. The payment of EUC08 to 
STC participants is unlikely to occur since STC participants rarely 
exhaust their UC benefits and an individual participating in an STC 
program whose benefit year has ended will have wages that must be used 
to establish, if possible, a new benefit year before any EUC08 is 
payable.
    [Verbar] [ap] Question: When a state law requires regular 
compensation to be paid to individuals participating in an STC program, 
the criteria for earnings deductions from the benefits is based on a 
percentage of the earnings instead of the rules that apply to regular 
claims. Do the provisions of the state law

[[Page 6326]]

governing STC deductions apply to EUC08? If ``yes,'' does the state law 
provision that limits the number of weeks payable to STC participants 
apply to an STC participant receiving EUC08?
    Answer: Yes to both questions. EUC08 is to be paid to STC 
participants under the provisions of the state law governing STC.

M. Extensions for Approved Training

    [cap] [ap] Question: If a state has a special extension for 
individuals who exhaust regular compensation and are participating in 
approved training, may EUC08 be paid to these individuals?
    Answer: Yes. The benefits paid under this special extension are 
additional compensation. Section 4001(b)(2) of the Act does not require 
exhaustion of additional compensation to qualify for EUC08. Therefore, 
a state may pay additional compensation concurrent with, or after, 
EUC08. See Attachment A to UIPL No. 23-08; page A-5, <greek-i>6, Effect 
of Additional Compensation Eligibility in a State.

N. Self-Employment Assistance

    [cap] [ap] Question: May EUC08 be paid to individuals participating 
in a self-employment assistance (SEA) program?
    Answer: No. Since SEA is paid to an individual ``in lieu of'' 
regular UC (Section 3306(t)(1) of the FUTA), the individual has not 
exhausted regular compensation, until s/he has exhausted SEA. This 
renders him/her ineligible for EUC08, until either SEA is exhausted or, 
if the individual has stopped participating in an SEA program, s/he has 
exhausted regular compensation.

O. EUC08 Effect on Trade Readjustment Allowances (TRA)

    [cap] [ap] Question: The individual exhausted 26 weeks of regular 
UC on a first benefit year and began receiving TRA based on that 
benefit year. S/he qualified for a second benefit year and payment of 
TRA stopped. The individual has now exhausted all benefits available on 
the second benefit year and meets the requirements for EUC08 based on 
the second benefit year. After exhaustion of EUC08, are TRA benefits 
again payable based on the first benefit year?
    Answer: Yes. If the individual continues to meet all the TRA 
eligibility requirements, TRA payments may resume based on the first 
benefit year.
    [Verbar] [ap] Question: An individual has received 26 weeks of 
regular UC and 22 weeks of basic TRA prior to qualifying for 13 weeks 
of EUC08. What remaining TRA entitlement does the individual have?
    Answer: Under 20 CFR 617.14(a), the TRA MBA is 52 times the TRA 
WBA, minus the total sum of UC to which the individual was entitled. 
Since EUC08 is UC, the 13 weeks of EUC08 is subtracted, along with the 
26 weeks of regular UC and the 22 weeks of basic TRA already paid. At 
this point, basic TRA entitlement is exhausted; additional TRA may be 
available to the individual if s/he is in training and is otherwise 
eligible.
    [Sigma] [ap] Question: If an individual has received 26 weeks of UC 
and 26 weeks of basic TRA, is the individual entitled to EUC08, if 
otherwise eligible?
    Answer: Yes. TRA does not reduce the amount of EUC08. Therefore, 
EUC08 is payable to the individual if all other eligibility 
requirements are met. See Attachment A to UIPL No. 23-08; page A-5, 
<greek-i>8(a), Trade Readjustment Allowances (TRA).
    [infin] [ap] Question: An individual has been in training for the 
past year, received 26 weeks of regular UC, 26 weeks of basic TRA, and 
13 weeks of EUC08. Is this individual entitled to any weeks of 
additional TRA?
    Answer: If this individual meets the additional TRA eligibility 
requirements s/he is entitled to additional TRA for any weeks remaining 
in the fixed 52 consecutive-week eligibility period. (See 20 CFR 
617.3(m) and Training and Employment Guidance Letter No. 11-02 page 
22.)

    Note: EUC08 is not deductible from additional TRA. However, 
although the benefit amount is not reduced, the length of time for 
which the individual may claim additional TRA is reduced if the s/he 
collects EUC08 during the fixed consecutive-week period for which 
additional TRA is payable.

P. Interstate Benefits/Combined Wage Claims (CWC)

    [cap] [ap] Question: Under regular interstate and CWC procedures, 
when an individual is indefinitely disqualified under State A's law and 
has sufficient employment and wages to qualify under State B's law, the 
individual files against State B. Using this scenario, an individual 
has existing benefit years ending on or after May 1, 2007, in both 
State A and State B. If the second claim is indefinitely disqualified 
in State B, may the individual file for EUC08 using the claim in State 
A if, for example, the disqualification in State A could be purged/
satisfied?
    Answer: No. Only the claim in State B meets the definition of an 
``applicable benefit year'' for EUC08 purposes. (See Attachment A to 
UIPL No. 23-08; page A-1, Definitions--<greek-i>4.)

Q. Claims Filed by Aliens

    [cap] [ap] Question: What requirements must an alien meet to 
qualify for EUC08?
    Answer: To qualify for EUC08 for a week, the alien must be 
authorized to work in the United States for that week. The alien's 
authorization to work must be verified through the System for Alien 
Verification of Eligibility at Social Security Act section 1137(d), 
which state agencies for regular UC. However, if the state has 
information obtained from the verification made in connection with the 
regular UC claim that the alien's work authorization remains in effect, 
no additional verification is required until the expiration date of 
his/her qualified alien status is reached.

R. Application of Worker Profiling and Reemployment Services (WPRS)

    [cap] [ap] Question: Are individuals filing for EUC08 subject to 
profiling and selection and referral to services under the WPRS 
program?
    Answer: No. Only individuals filing new initial claims for regular 
UC must be profiled and, as appropriate, selected and referred to 
services under the WPRS program.

S. EUC08 Relation to Extended Benefits

    [cap] [ap] Question: If a state in an EB period chooses to pay EB 
before EUC08, must the state pay EUC08 to individuals who have an 
applicable benefit year for EUC08, but not for EB?
    Answer: Yes. The state must pay EUC08 to eligible exhaustees 
whether or not they previously received EB.

    Advisory: Unemployment Insurance Program Letter No. 23-08, Change 
2.
    To: State Workforce Agencies.
    From: Brent R. Orrell, Deputy Assistant Secretary.
    Subject: Emergency Unemployment Compensation, 2008--Program 
Expansion.

    1. Purpose. To advise states of an expansion of the Emergency 
Unemployment Compensation, 2008 (EUC08) program and to provide 
operating instructions for its implementation.
    2. References. The Unemployment Compensation Extension Act, Public 
Law 110-449, enacted November 21, 2008; Supplemental Appropriations 
Act, 2008, Title IV--Emergency Unemployment Compensation, Public Law 
110-252, enacted June 30, 2008; Unemployment Insurance Program Letter 
(UIPL) No. 23-08 and UIPL No. 23-08, Change 1.

[[Page 6327]]

    3. Background. Public Law (Pub. L.) 110-449 expands the EUC08 
program to provide up to 20 weeks of 100 percent federally-funded 
unemployment compensation to eligible individuals in all states. It 
also expands the EUC08 program by providing a second tier of benefits 
of up to 13 weeks for eligible individuals in those states with high 
unemployment.
    These expanded EUC08 benefits are available only for weeks of 
unemployment beginning on or after the date of enactment, which is 
November 21, 2008. Although these amendments do not change the date for 
establishing initial eligibility for EUC08, they do extend the 
program's termination date. Under the new termination date, no EUC08 
payments may be made for any week of unemployment beginning after 
August 27, 2009.
    Detailed implementation guidance, including reporting instructions, 
is included in Attachment A. The text of the Unemployment Compensation 
Extension Act is included in Attachment B.
    All states currently have agreements with the Secretary to 
administer the EUC08 program under provisions of the EUC08 Act. The 
existing agreements remain in effect, and no new agreements are 
necessary to implement these amendments.
    4. Interpretation. The instructions in this document are issued to 
the states and cooperating state agencies as guidance provided by the 
Department of Labor in its role as the principal in the EUC08 program. 
As agents of the United States, the states and cooperating state 
agencies may not deviate from the operating instructions without the 
prior approval of the Department. To the extent that the guidance 
provided in UIPLs Nos. 23-08 and 23-08, Change 1, is inconsistent with 
this UIPL, such guidance is superseded.
    5. Action Requested. Administrators are to provide this information 
and instructions to the appropriate staff.
    6. Inquiries. Direct questions to the appropriate Regional Office.
    7. Attachments. Attachment A--Operating Instructions for the EUC08 
Program Expansion.
    Attachment B--Text of the Unemployment Compensation Extension Act 
of 2008.

Attachment A to UIPL No. 23-08, Change 2

Operating Instructions for the EUC08 Program Expansion

Introduction

    On Friday, November 21, 2008, the President signed Public Law 110-
449, the Unemployment Compensation Extension Act of 2008 (the Extension 
Act), which amended the Supplemental Appropriations Act, 2008, Title 
IV--Emergency Unemployment Compensation (EUC08) program by:
    <bullet> Providing for up to 7 additional weeks of benefits to 
eligible individuals in all states. These benefits will be referred to 
as ``basic EUC08'' or ``First-Tier EUC08'';
    <bullet> Adding a Second-Tier of EUC08 benefits for eligible 
individuals in those states with ``high unemployment.'' These benefits 
are referred to as ``Second-Tier EUC08''; and
    <bullet> Extending the EUC08 program's termination date from the 
week that includes Tuesday, June 30, 2009, to the week that includes 
Thursday, August 27, 2009. In most states, where the week of 
unemployment ends on Saturday, this means the last week for which EUC08 
may be paid is the week ending Saturday, August 29, 2009. In New York, 
where the week begins on Monday, this means that the last week for 
which EUC08 may be paid is the week ending Sunday, August 30, 2009. In 
states with variable start dates, this means the last week for which 
EUC08 may be paid is the week ending Wednesday, September 2, 2009.

Notifications

    1. Identification and Notification of Potentially Eligible 
Claimants. The state must identify individuals who are potentially 
eligible for additional EUC08 due to the program's expansion. If the 
individual had previously exhausted an EUC08 claim, the state shall 
provide the individual with appropriate written notification of his/her 
potential entitlement to additional EUC08 benefits. If the individual 
has not exhausted his/her EUC08 claim prior to the enactment of the 
Extension Act, the state will recalculate the maximum benefit amount on 
the EUC08 claim and notify the individual of the increased amount added 
to his/her First-Tier EUC08 claim.
    2. Notification of Media. To ensure public knowledge of the 
expansion of the EUC08 program, the state shall notify appropriate news 
media having coverage throughout the state. Should a state trigger 
``on'' to Second-Tier EUC08, it must also notify the media of the 
availability of Second-Tier EUC08 benefits.

Operating Instructions

    Except where inconsistent with these instructions, the operating 
instructions that were included as Attachment A to UIPL No. 23-08 are 
applicable.
    1. First-Tier Benefits. Under the Extension Act, the maximum 
benefit amount in an individual's account is the lesser of 80 percent 
of the total amount of regular compensation (including dependents' 
allowances), or 20 times the individual's average regular compensation 
weekly benefit amount for a week of total unemployment (including 
dependents' allowances), payable to the individual with respect to the 
``applicable benefit year.''
    This increase in First-Tier EUC08 eligibility applies to all newly-
qualifying individuals as well as to all individuals who established 
their EUC08 entitlement prior to the date the Extension Act was 
enacted. However, the extra seven weeks of basic EUC08 payable under 
the Extension Act are only payable for weeks of unemployment beginning 
on or after Friday, November 21, 2008, the date of enactment of the 
extension.
    2. Second-Tier Benefits. Under the Extension Act, if, at the time 
that the amount in an individual's EUC08 account is exhausted or at any 
time thereafter (except as explained below), the state is in an 
``extended benefit period'' (EUC08 Second-Tier period) (as defined in 
the Extension Act), the individual's EUC08 account will be augmented by 
an amount equal to the lesser of 50 percent of the total amount of 
regular compensation (including dependents' allowances), or 13 times 
the individual's average weekly benefit amount for the benefit year 
(including dependents' allowances), payable to the individual with 
respect to the ``applicable benefit year.'' There is no Second-Tier 
augmentation of an individual's account if that individual exhausts 
his/her EUC08 account after an EUC08 Second-Tier period ends--unless a 
second EUC08 Second-Tier period occurs thereafter.
    The Extension Act defines an EUC08 Second-Tier period as:
    <bullet> An Extended Benefit (EB) period currently in effect for 
the state under the Federal-State Extended Unemployment Compensation 
Act of 1970 (FSEUCA).
    <bullet> An EUC08 Second-Tier period that would be in effect under 
the FSEUCA using an insured unemployment rate (IUR) for the relevant 
13-week period that is equal to or greater than 4 percent. (Unlike the 
``regular'' EB program under the FSEUCA, the EUC08 EB period does not 
use a 5 percent IUR trigger or have a 120 percent ``lookback'' 
requirement.)
    <bullet> An EUC08 Second-Tier period that would be in effect under 
the FSEUCA using a three-month seasonally adjusted total unemployment 
rate (TUR) that is equal to or greater than 6 percent. (Unlike the 
``regular'' EB program under

[[Page 6328]]

the FSEUCA, the EUC08 Second-Tier program does not use a 6.5 percent 
TUR trigger or have a 110 percent ``lookback'' requirement.) This rate 
will be used in all states, whether or not the state uses it for the 
``regular'' EB program.
    The rules governing the timing of the triggering ``on'' and ``off'' 
an EUC08 Second-Tier period are the same as those governing the 
``regular'' EB program under the FSEUCA, set forth at 20 CFR 615.11. 
The beginning date of a state's EUC08 Second-Tier period will be based 
on when the state would have triggered ``on'' under the FSEUCA using 
the above triggers as well as the rules governing the timing of those 
periods under 20 CFR 615.11. Notwithstanding these regulations, 
however, no EUC08 Second-Tier period will begin earlier than June 30, 
2008--the date on which the Extension Act made the Second-Tier 
amendment effective. Further, as provided by this regulation, each 
EUC08 Second-Tier period will last at least 13 weeks. For example, if a 
state triggers ``on'' to an EUC08 Second-Tier period for the week 
beginning Sunday, August 31, 2008, using the 6 percent TUR trigger, the 
state would remain ``on'' for an EUC08 Second-Tier period for at least 
13 weeks from that date. After these 13 weeks, the EUC08 Second-Tier 
period would end, in accordance with this regulation, on the last day 
of the third week after the first week for which there is an ``off'' 
indicator in the state. The Department will notify each state of the 
beginning and ending dates of any EUC08 Second-Tier period applicable 
to that state in generally the same manner the states are notified of a 
``regular'' EB period.
    An individual may not have his/her EUC08 account augmented by these 
Second-Tier benefits more than once per EUC08 claim. Further, if the 
individual's First-Tier EUC08 account is exhausted after Tuesday, March 
31, 2009, there can be no Second-Tier benefit augmentation of the 
account. In most states, where the week of unemployment ends on a 
Saturday, this means that individuals who have a First-Tier EUC08 claim 
that exhausts on or after the week ending Saturday, April 4, 2009, do 
not qualify for a Second-Tier EUC08 claim. In states with variable 
claim start dates, this means the individuals who have a First-Tier 
EUC08 claim that exhausts after Tuesday, March 31, 2009, do not qualify 
for a Second-Tier EUC08 claim. However, if an individual's EUC08 
account is exhausted on or before Tuesday, March 31, 2009, the 
individual may qualify for a Second-Tier EUC08 claim if an EUC08 
Second-Tier period is either then in effect or subsequently triggers 
``on'' (even if that period triggers ``on'' after Tuesday, March 31, 
2009).
    Two examples follow:

    Example 1: An individual exhausts First-Tier EUC08 on Saturday, 
April 18, 2009. This individual will not qualify for a Second-Tier 
of EUC08, even if an EUC08 Second-Tier period is in effect, because 
the individual will have exhausted First-Tier EUC08 after Tuesday, 
March 31, 2009, and there can be no augmentation of his/her EUC08 
account.
    Example 2: An individual exhausts First-Tier EUC08 on Saturday, 
March 14, 2009. This individual may qualify for a Second-Tier of 
EUC08 (if otherwise eligible) if an EUC08 Second-Tier period is 
either in effect or the state subsequently triggers ``on'' (even if 
that period triggers ``on'' after March 31, 2009), because the 
First-Tier benefits were exhausted on or prior to Tuesday, March 31, 
2009.

    As with First-Tier EUC08, the state may provide for the payment of 
all EUC08 (including Second-Tier EUC08) prior to the payment of 
extended unemployment compensation payable under the FSEUCA.
    3. Effective Date of Amendments. The expanded First-Tier EUC08, and 
the newly added Second-Tier EUC08 benefits, are payable only with 
respect to weeks of unemployment beginning on or after the enactment of 
Public Law 110-449 Thus, there is no provision for payment of these 
expanded EUC08 benefits for weeks of unemployment occurring prior to 
the enactment on Friday, November 21, 2008.

    Example: An individual exhausts his/her original EUC08 
entitlement on Saturday, September 6, 2008, and the Extension Act is 
enacted on Friday, November 21, 2008. The first potentially payable 
week for the expanded EUC08 benefits would be for the week beginning 
Sunday, November 23, 2008. In New York, where the week begins on 
Monday, the first potentially payable week is Monday, November 24, 
2008. Those states with a variable start date, the first potentially 
payable week would begin no earlier than the week beginning Friday, 
November 21, 2008.

    4. Ending Date of the EUC08 Program. Under the Extension Act, an 
individual having amounts remaining in his/her EUC08 account as of the 
last day of the last week of unemployment (as determined under state 
law) ending on or before Tuesday, March 31, 2009, may collect the 
remaining First-Tier or Second-Tier balance in subsequent weeks, if 
otherwise eligible, until the EUC08 program terminates. Under the 
Extension Act, no EUC08 is payable for any week beginning after 
Thursday, August 27, 2009.

Reporting Instructions

    4. General. EUC08 reporting instructions are unchanged except as 
described below. States should continue to report First Tier activity 
as they have done previously. The first report on Second Tier activity 
for December 2008 will be transmitted on the ETA 5159 by states in mid-
January 2009.
    5. ETA 5159. Claims and payment activities for the First-Tier, 
which now allows up to 20 weeks of benefits, will continue to be 
reported as they were previously, except as indicated below. Claims and 
payment activities for the Second-Tier, which allows up to 13 
additional weeks in those states triggered ``on'' to an EUC08 Second 
Tier period, will be reported separately in a new section C of the 
report.
    a. First-Tier. Report final payments on line 303 as the number of 
claimants issued a payment that exhausts the benefit entitlement in the 
First-Tier of their EUC08 account, including the additional entitlement 
provided in the new law. Reports submitted previously should be revised 
to reflect that claimants who have their accounts increased with the 
additional entitlement and were previously reported as receiving final 
payments did not, in fact, receive final payments.
    b. Second-Tier. A new Section C, which mirrors Section B, has been 
added to the report. Only data for claimants who qualified for the 
Second-Tier should be included in this section. Weeks compensated will 
be reported in columns 23-27 of line 401; benefits paid in columns 23-
27 of line 402, and first and final payments in columns 28-33 of line 
403. First payments will represent the number of claimants who had 
their benefits augmented and received at least one Second-Tier payment. 
Report final payments as the number of claimants issued a payment that 
exhausts the benefit entitlement to the Second-Tier of their EUC08 
account.
    3. ETA 539. Total weeks claimed for regular UC, UCFE, and UCX for 
the two tiers of the EUC08 program for the report period will be 
reported separately in the comments section and labeled as ``EUC08 
First-Tier'' and ``EUC08 Second-Tier'' followed by the number. For 
example: ``EUC08 First-Tier = 239, EUC08 Second-Tier = 186''. (The 
agent weeks claimed information needed for this report will be obtained 
from the LADT identified in field 28 as ``code 2'', Federal Benefit 
Extension.)
    4. UI-3 Worksheet. States will report on line 12, labeled 
``Monetary Redeterminations,'' the count of redeterminations conducted 
when a claimant's account is increased for the additional First-Tier 
entitlement or augmented for the Second-Tier entitlement.
    5. OMB Approval. These reports each bear their own OMB control 
numbers,

[[Page 6329]]

estimated burden hours and expiration dates indicating that they are 
valid collections. Modifications to the ETA 5159 have been submitted to 
OMB for expedited clearance and approval.

Attachment B to UIPL No. 23-08, Change 2

Text of the Unemployment Compensation Extension Act of 2008

An Act

    To provide for additional emergency unemployment compensation.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
Section 1. Short Title
    This Act may be cited as the ``Unemployment Compensation Extension 
Act of 2008''.
Sec. 2. Additional First-Tier Benefits
    Section 4002(b)(1) of the Supplemental Appropriations Act, 2008 (26 
U.S.C. 3304 note) is amended--
    (1) In subparagraph (A), by striking ``50'' and inserting ``80''; 
and
    (2) In subparagraph (B), by striking ``13'' and inserting ``20''.
Sec. 3. Second-Tier Benefits
    Section 4002 of the Supplemental Appropriations Act, 2008 (26 
U.S.C. 3304 note) is amended by adding at the end the following:
    (c) Special Rule--
    (1) In General--If, at the time that the amount established in an 
individual's account under subsection (b)(1) is exhausted or at any 
time thereafter, such individual's State is in an extended benefit 
period (as determined under paragraph (2)), such account shall be 
augmented by an amount equal to the lesser of--
    (A) 50 percent of the total amount of regular compensation 
(including dependents' allowances) payable to the individual during the 
individual's benefit year under the State law, or
    (B) 13 times the individual's average weekly benefit amount (as 
determined under subsection (b)(2)) for the benefit year.
    (2) Extended Benefit Period--For purposes of paragraph (1), a State 
shall be considered to be in an extended benefit period, as of any 
given time, if--
    (A) Such a period is then in effect for such State under the 
Federal-State Extended Unemployment Compensation Act of 1970;
    (B) Such a period would then be in effect for such State under such 
Act if section 203(d) of such Act--
    (i) Were applied by substituting ``4'' for ``5'' each place it 
appears; and
    (ii) Did not include the requirement under paragraph (1)(A) 
thereof; or
    (C) Such a period would then be in effect for such State under such 
Act if--
    (i) Section 203(f) of such Act were applied to such State 
(regardless of whether the State by law had provided for such 
application); and
    (ii) Such section 203(f)--
    (I) Were applied by substituting ``6.0'' for ``6.5'' in paragraph 
(1)(A)(i) thereof; and
    (II) Did not include the requirement under paragraph (1)(A)(ii) 
thereof.
    (3) Limitation--The account of an individual may be augmented not 
more than once under this subsection.
Sec. 4. Phaseout Provisions
    Section 4007(b) of the Supplemental Appropriations Act, 2008 (26 
U.S.C. 3304 note) is amended--
    (1) In paragraph (1), by striking ``paragraph (2),'' and inserting 
``paragraphs (2) and (3),''; and
    (2) By striking paragraph (2) and inserting the following:
    (2) No Augmentation after March 31, 2009--If the amount established 
in an individual's account under subsection (b)(1) is exhausted after 
March 31, 2009, then section 4002(c) shall not apply and such account 
shall not be augmented under such section, regardless of whether such 
individual's State is in an extended benefit period (as determined 
under paragraph (2) of such section).
    (3) Termination--No compensation under this title shall be payable 
for any week beginning after August 27, 2009.
Sec. 5. Temporary Federal Matching for the First Week of Extended 
Benefits for States With No Waiting Week
    With respect to weeks of unemployment beginning after the date of 
the enactment of this Act and ending on or before December 8, 2009, 
subparagraph (B) of section 204(a)(2) of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) shall not 
apply.
Sec. 6. Effective Date
    (a) In General--The amendments made by sections 2, 3, and 4 shall 
apply as if included in the enactment of the Supplemental 
Appropriations Act, 2008, subject to subsection (b).
    (b) Additional Benefits--In applying the amendments made by 
sections 2 and 3, any additional emergency unemployment compensation 
made payable by such amendments (which would not otherwise have been 
payable if such amendments had not been enacted) shall be payable only 
with respect to any week of unemployment beginning on or after the date 
of the enactment of this Act.

Emergency Unemployment Compensation, 2008--Questions and Answers

    1. Purpose. To respond to questions from states about the expansion 
of the Emergency Unemployment Compensation, 2008 (EUC08) program.
    2. References. The Unemployment Compensation Extension Act, Public 
Law 110-449, enacted November 21, 2008; Supplemental Appropriations 
Act, 2008, Title IV-Emergency Unemployment Compensation, Public Law 
110-252, enacted June 30, 2008; Unemployment Insurance Program Letter 
(UIPL) No. 23-08, and Change 1 and Change 2.
    3. Background. Public Law 110-449 (the Extension Act) amends Public 
Law 110-252 (the EUC08 Act) to provide up to 20 weeks of 100 percent 
federally-funded unemployment compensation to eligible individuals in 
all states. It also expands the EUC08 program by providing a Second-
Tier of 100 percent federally-funded benefits of up to 13 weeks for 
eligible individuals in those states with ``high unemployment'' as 
defined in the Extension Act.
    These expanded EUC08 benefits are available only for weeks of 
unemployment beginning on or after the date of enactment, which is 
November 21, 2008. Although these amendments do not change the date for 
establishing initial eligibility for EUC08, they do extend the 
program's termination date. Under the new termination date, no EUC08 
payments may be made for any week of unemployment beginning after 
August 27, 2009. Attached is ``Questions and Answers on the EUC08 
Extension Act.''
    4. Interpretation. The information in this document is issued to 
the states and cooperating state agencies as guidance provided by the 
Department of Labor in its role as the principal in the EUC08 program. 
As agents of the United States, the states and cooperating state 
agencies may not deviate from this guidance without the prior approval 
of the Department. To the extent that the guidance provided in UIPL No. 
23-08; and Change 1 and Change 2 is inconsistent with this UIPL, such 
guidance is superseded.
    5. Action Requested. Administrators are to provide this information 
and instructions to the appropriate staff.
    6. Inquiries. Direct questions to the appropriate Regional Office.
    7. Attachment. Questions and Answers on the EUC08 Extension Act.

[[Page 6330]]

Attachment to UIPL 23-08 Change 3

Questions and Answers on the EUC08 Extension Act

A. Notification of Potential Eligibility for EUC08 and Recalculating 
Entitlement

    1. Question: What are the minimum requirements concerning 
notification and recalculation of First-Tier EUC08?
    Answer: States must: (1) Notify both individuals who have exhausted 
their initial EUC08 entitlement (of up to 13 weeks) and those in a 
continued-claim filing status of the availability of expanded First-
Tier EUC08 benefits; (2) recalculate First-Tier EUC08 entitlement when 
the individual next files a continued claim for EUC08; and (3) ensure 
public knowledge of the expansion of the EUC08 program, by notifying 
appropriate news media having coverage throughout the state.
    2. Question: If states want to do more than the minimum 
requirements listed above, for example, recalculate all EUC08 claims at 
one time and notify all individuals of the new entitlement, is this 
allowable?
    Answer: Yes.

B. First-Tier EUC08

    1. Question: Are there instances when individuals may be paid 
expanded First-Tier EUC08 for weeks of unemployment prior to the 
effective date of the Extension Act?
    Answer: No. EUC08 is payable only for weeks of unemployment 
beginning after the date of enactment of the Extension Act, which is 
November 21, 2008.
    2. Question: A recalculated EUC08 entitlement results in an uneven 
dollar figure. How should these situations be handled?
    Answer: When the calculation is not an even dollar figure, a state 
will round either up or down according to its law.
    3. Question: A recalculated EUC08 entitlement results in a final 
payment less than the full average weekly benefit amount. How should 
these situations be handled?
    Answer: When the available balance is less than the full weekly 
benefit amount (e.g., the available balance is $200; the weekly benefit 
amount is $275), the state will pay at most only the available balance 
($200), provided the state is not in a Second-Tier period (see Question 
<greek-i>6 below under C. Second-Tier EUC08).
    C. Second-Tier EUC08
    1. Question: UIPL No. 23-08, Change 2, says that an individual 
qualifies for the ``phase-out'' only if the individual has an account 
balance as of March 31, 2009. The UIPL also provides that, if an 
individual exhausts First-Tier EUC08 on or before March 31, 2009, the 
individual may establish eligibility for Second-Tier EUC08 if the state 
enters a Second-Tier period after March 31, 2009. Please clarify.
    Answer: Paragraph (1) of Section 4007(b) of the amended EUC08 Act 
provides for the continued collection of an ``unexhausted'' EUC08 
account after March 31, 2009. Thus, an individual having an account 
balance as of that date qualifies for the ``phase-out'' by being 
permitted to collect that balance after that date. Paragraph (2) of 
that Section extends paragraph (1) by further permitting an individual, 
who exhausted his/her EUC08 account on or before March 31, 2009, to 
receive a Second-Tier augmentation after that date.
    2. Question: How is the individual's EUC08 Second-Tier entitlement 
affected when the state triggers ``off'' an EUC08 Second-Tier period?
    Answer: Triggering ``off'' does not affect the individual's 
remaining Second Tier entitlement. The EUC08 Act, as amended, does not 
provide for reducing or terminating payment of the augmented amount 
because the state subsequently triggers ``off.''
    3. Question: Is it possible to trigger ``on'' an EUC08 Second-Tier 
period prior to the enactment of the Extension Act? If ``yes,'' what is 
the significance of this?
    Answer: Yes, because the Extension Act provides that its amendments 
are to be treated ``as if included in the enactment of'' the original 
EUC08 Act. As a result, the ``beginning'' date of a Second-Tier period 
may be as early as the date the EUC08 program began. An EUC08 Second-
Tier period must last at least 13 weeks. Thus, the date a Second-Tier 
period begins may affect the date it ends.

    Note: Second-Tier EUC08 payments, however, shall not begin prior 
to enactment of the Extension Act, and the individual must have 
exhausted First-Tier EUC08 on the EUC08 account prior to 
augmentation.

    4. Question: When does an individual qualify for EUC08 Second-Tier?
    Answer: An individual will qualify for EUC08 Second Tier 
augmentation if the individual exhausts First-Tier EUC08 on or before 
March 31, 2009, and before or during an EUC08 Second-Tier period in the 
state. An individual who exhausts First-Tier EUC08 following the end of 
an EUC08 Second-Tier period will not be eligible for Second-Tier EUC08 
unless the state again triggers ``on'' an EUC08 Second-Tier period.

    Note: See Section 2 under ``Operating Instructions'' of 
Attachment A of UIPL 23-08, Change 2.

    5. Question: May a state augment an individual's EUC08 account with 
Second-Tier benefits as soon as the state enters into an EUC08 Second-
Tier period?
    Answer: No. The state may only augment an individual's EUC08 
account with Second-Tier benefits after the individual exhausts First-
Tier EUC08 benefits and only if that exhaustion occurs during or before 
an EUC08 Second-Tier period and on or before March 31, 2009.
    6. Question: When the amount remaining in an individual's First-
Tier EUC08 account is less than the full weekly benefit amount and the 
state is in a Second-Tier period, is Second-Tier EUC08 payable for the 
same week?
    Answer: Yes, Second-Tier EUC08 is payable for the same week, the 
week of exhaustion. Second-Tier EUC08 will augment the EUC08 account to 
allow for the payment of an amount equal to the original weekly benefit 
amount.
    7. Question: What is the last date a claim may be augmented?
    Answer: For most states, the week beginning August 23, 2009, would 
be the last week that a claim could be augmented. In such a state an 
individual's last week of potential eligibility would be the week 
ending August 29, 2009.

D. Multiple EUC08 Claims and Order of Payment

    1. Question: An individual established two First-Tier EUC08 claims 
prior to the enactment of the Extension Act. Is the EUC08 account for 
each claim eligible to be increased to up to 20 weeks?
    Answer: Yes.
    2. Question: If there are two EUC08 claims, which one should be 
paid the enhanced First-Tier benefits first?
    Answer: The oldest (first) EUC08 claim. (See Question and Answer 
D.7. in the Attachment to UIPL 23-08, Change 1.)
    3. Question: Is it necessary to immediately recalculate the account 
of each EUC08 claim?
    Answer: No. The state must immediately recalculate entitlement on 
the claim that will be paid first. Recalculation of the entitlement on 
any other EUC08 claim need not occur until all entitlement is exhausted 
on the EUC08 claim paid first, and the claimant files against the other 
claim.
    4. Question: An individual has exhausted two First-Tier EUC08 
claims. The state is subsequently in an EUC08 Second-Tier period and 
both accounts are eligible for augmentation. How is this situation 
handled?

[[Page 6331]]

    Answer: The state will augment the oldest (first) EUC08 claim. 
After this augmented amount on the claim is exhausted, the state will 
augment and pay EUC08 on the other claim, if the claimant continues to 
have compensable unemployment and meets all other eligibility 
conditions, such as being able and available.
    5. Question: An individual exhausts a First-Tier EUC08 claim during 
an EUC08 Second-Tier period. The individual has First-Tier entitlement 
on another claim. How is this situation handled?
    Answer: The state will augment the oldest (first) EUC08 claim with 
Second-Tier benefits. After this augmented amount is exhausted, the 
state will pay any remaining First-Tier entitlement, including any 
enhanced First-Tier entitlement, on the other claim, if the claimant is 
otherwise eligible. If, when this remaining First-Tier entitlement is 
exhausted, or anytime thereafter within the statutory timeframe, the 
state is in an EUC08 Second-Tier period, the state will augment the 
account and pay benefits on this claim, if the claimant is otherwise 
eligible.

E. Interstate Claims for EUC08

    1. Question: Under the permanent Federal-State Extended Benefit 
(EB) program an individual who files an interstate claim from a state 
that is not triggered ``on'' EB is limited to two weeks of EB. Does 
this same limitation apply to Second-Tier EUC08?
    Answer: No. The ``two-week'' limitation of the permanent EB program 
does not apply to EUC08. Eligible individuals filing against a state 
that triggered ``on'' an EUC08 Second-Tier period may receive up to 13 
weeks of Second-Tier EUC08.

    Note: An individual who resides in a state that is triggered 
``on'' but who is filing against a state that is not triggered 
``on'' is not entitled to Second-Tier EUC08. This is because the 
individual's entitlement is determined under the applicable state 
law, that is, the law of the state with respect to which the 
individual is an exhaustee for EUC08 purposes.

F. Reporting Requirements for EUC08

    1. Question: Are all Second-Tier augmentations counted as 
``monetary redeterminations?''
    Answer: Yes. All augmentations are counted as monetary 
redeterminations. Activities related to the recalculation of First-Tier 
EUC08 and augmentation of Second-Tier EUC08, do not meet the definition 
under ET Handbook No. 401 for an initial, additional, or a transitional 
claim. States will receive credit for monetary redetermination activity 
on the UI-3.

    Note: An additional claim should be taken in connection with 
recalculation of EUC08 entitlement if the individual had intervening 
employment since filing his/her last claim.

    2. Question: Must states track three different EUC08 activities: 
EUC08 (first 13 weeks), expanded First Tier EUC08, and Second-Tier 
EUC08?
    Answer: States are required to report only First-Tier and Second-
Tier EUC08 activities. In addition, states must revise previous reports 
of final payments, once redeterminations have been made, for prior 
EUC08 exhaustees on the EUC08-specific ETA 5159. States will resubmit 
Section B of the EUC08-specific ETA 5159 for claimants who were 
reported as exhaustees and who are no longer exhaustees because their 
First-Tier EUC08 accounts are recalculated. All First-Tier EUC08 
activities are aggregate. For those states reporting Second-Tier EUC08 
activity, they will report payment activities, first pays and final 
pays in the new Section C of the EUC08-specific ETA 5159.

    Note: See Item 2.a. under Reporting Instructions in Attachment A 
of UIPL 23-08, Change 2.

    3. Question: Are there separate time charges required for First-
Tier and Second-Tier EUC08?
    Answer: No, separate time charges are not required. The 
administrative funding and reporting of financial data will be for the 
entire EUC08 program.
    4. Question: Is there a date by which states are required to revise 
the ETA 5159 to back out the final payment numbers for EUC08 claims 
that are recalculated to redetermine the First Tier balance?
    Answer: States are expected to revise their prior reports and 
submit them with their December 2008 ETA 5159 Report. Additional 
revisions to these reports are to be made on an ongoing basis, as 
needed. Many states may be able to simply re-run reports for prior 
quarters after the redeterminations are made. Other states may need to 
count transactions and back them out from pre-existing totals.
    5. Question: How should states report Second-Tier EUC08 on the 
Liable Agent Data Transfer (LADT)?
    Answer: The expanded reporting (Section C) on the ETA 5159 does not 
include any data elements that break out reporting for Interstate 
Claims or for First- and Second-Tier EUC08. States should report 
aggregate interstate claims activity for both First- and Second-Tier 
EUC08 in the same manner as states have been reporting for the LADT and 
unemployment insurance required reports.

    Signed at Washington, DC, this 23rd day of January 2009.
Douglas F. Small,
Deputy Assistant Secretary, Employment and Training Administration, 
U.S. Department of Labor.
[FR Doc. E9-2533 Filed 2-5-09; 8:45 am]
BILLING CODE 4510-FW-P