12- 597 C.M.R. ch. 1, § 11

Current through 2024-44, October 30, 2024

Section 597-1-11 - RELOCATION ALLOWANCE

A relocation allowance shall be granted to an adversely affected worker to assist the individual and the individual's family with relocation within the United States, including Alaska, Hawaii and Puerto Rico. Relocation shall not be granted to more than one member of a family with respect to the same relocation. A relocation allowance may be granted to an individual only once under a certification.

1. An application shall be submitted to the CareerCenter Case Manager before the relocation begins in order for the relocation allowance to be granted, and the relocation may not be approved until after the individual who has been totally or partially separated is covered under a certification.

2. An application for relocation allowance may not be approved unless submitted before:

A. The 425th day after the date of the certification under which the individual is covered, or the 425th day after the date of the individual's last total separation, whichever is later; or

B. The 182nd day after the concluding date of approved training,

3. If the individual finds suitable employment outside of the commuting area and no suitable employment is available inside the commuting area, a relocation allowance may be approved to the suitable employment opportunity provided the following conditions are met:

A. The worker must travel more than 50 miles from his current home to the new place of employment, using the most direct route. No relocations shall be paid for moves of less than 50 miles;

B. A timely application is filed;

C. There must be a total separation from adversely affected employment at the time relocation begins;

D. Registration is made with the CareerCenter Case Manager which will furnish the individual with reemployment services;

E. A determination must be made by the CareerCenter Case Manager that the individual has no reasonable expectation of securing suitable employment within the commuting area, and the individual has obtained suitable long-term employment or a bona fide offer of suitable employment that is more than 50 miles from the individual's home.

F. Relocation must be completed within a reasonable period of time. Factors that the CareerCenter Case Manager will consider in determining whether an individual's relocation is completed in a reasonable time period are:

(1) whether suitable housing is available in the relocation area;

(2) whether the individual can dispose of his/her current residence;

(3) whether the individual or family member is ill; and

(4) whether the individual or family member is transferred to a school in the same area of relocation.

4. The CareerCenter Case Manager must receive written verification of suitable employment from the employer that the individual is employed or that a bona fide offer of employment has been made to the individual and he/she has accepted that offer.

5. Relocation allowable items include:

A. 90 percent or 100 percent (for workers covered by a TAA petitions 70,000-79.9999) of the travel expenses for the individual and family from the individual's home to the area of relocation, determined as follows:

(1)Transportation. The most cost effective mode of transportation approved, as determined by using the actual cost of transportation for the individual and family by most economical public transportation that the individual and family can take from the individual's home to relocation area or the cost per mile at the prevailing mileage rate authorized under the federal travel regulations.

(2)Lodging and meals. The cost allowable shall not exceed the lesser of the actual cost to the individual and family member for lodging and meals while in travel status or 50 percent of the prevailing per diem allowance rate authorized under federal law for the locality to which the relocation is made.

(3)Separate travel allowances for family members who cannot relocate at the same time as the individual receiving relocation shall be computed at 90 percent or 100 percent (whichever applies) of the total cost of such separate travel and included with the total amount to which the individual is entitled. Reasons that may justify separate travel for family members include the family member's health, schooling or economic circumstances.

B. 90 percent or 100 percent (for workers covered by a TAA petitions 70,000-79,999) of the expenses of moving household goods and personal effects of the individual and family, not to exceed the maximum number of pounds net weight authorized under federal law.

C. A lump sum payment equal to 3 times the individual's average weekly wage, not to exceed $800 (pre-2002 certifications) or $1250 (post-2002 certifications, 80,000+) or $1500 (for workers covered by a TAA petitions 70,0000-79,999) . The lump sum payment shall be made when arrangements are completed for relocation, but not more than 10 days prior to the anticipated departure.

D. 90 percent or 100 percent (for workers covered by a TAA petition 70,000-79,999) of the total allowable cost for moving the household goods and personal effects of the individual and family utilizing:

(1) The most economical commercial carrier;

(2)Trailer. If the trailer is hauled by private vehicle, the cost per mile at the prevailing mileage rate authorized under the federal travel regulations, or if the trailer is rented, the rental fee for each day required to complete the move;

(3)Rental truck. The rental fee for each day required to complete the move and the necessary fuel for the rental truck paid by the individual; or

(4)House trailer, if the place of residence was a mobile home in the old area and will be moved to the new area.

(a) The allowable cost of moving such house trailer or mobile home shall include the commercial carrier's charges to move, unblock and re-block the home, ferry charges, bridge, road and tunnel tolls, taxes, fees fixed by the State or local authorities for permits to transport. The cost of insuring the house trailer or mobile home and the personal effects against loss or damage in transit, and temporary storage for up to 60 days is also allowable costs. Private vehicles used to haul a trailer are not included under this section;

(5) For commercial carrier, rental trailer and truck, the individual shall submit at least two estimates of the rental cost, including the cost of insurance (for actual value or $10,000, whichever is less), from the rental agencies prior to approval of any relocation.

6. Upon completion of relocation, whether payment was advanced or not, the individual shall certify the amount expended on the forms furnished by the CareerCenter Case Manager. The individual shall promptly submit to the CareerCenter Case Manager all receipts of the itemized expenses incurred in the relocation.

12- 597 C.M.R. ch. 1, § 11