Section 597-1-14 - REEMPLOYMENT TRADE ADJUSTMENT ASSISTANCE (RTAA)(applies to workers covered by TAA petitions filed on or after May 18, 2009)
1.Applicability. This section applies to groups of workers certified by the United States Department of Labor as eligible to apply for RTAA pursuant to a TAA petition numbered 70,000-79,999 or 81,000+ or 80,000 choosing the 81,000 rules.2.Application and determination. An application for RTAA must be filed within two years of the first day of qualifying reemployment. The TAA coordinator will make a written determination regarding eligibility within 5 business days of receipt of the application. A worker has the right to appeal an adverse determination in accordance with the procedure established in Section 12, paragraphs 4-10. 3.Eligibility. To be eligible for RTAA an individual must, at the time of reemployment: A. Be a member of a group of workers certified to apply TAA under the Trade Act.B. Be at least 50 at the time of reemployment.C. Is employed in one or more jobs (which may include self-employment) (i) at least 35 hours per week and is not enrolled in a TAA training program, or(ii) at least 20 hours per week and is enrolled full-time in an approved TAA training program, provided that a worker with justifiable cause for failing to participate in training for a week, but is working at least 20 hours may receive RTAA for that week. "Justifiable cause" means such reasons as would justify failing to participate for a reasonable individual in like circumstances, including but not limited to reasons beyond the individual's control and reasons related to the individual's capability to participate in or complete an approved training program.D. Be expected to earn no more than $55,000(certs 70,000-79,999) or $50,000(certs 81,000+ or 80,000 choosing the 81,000 rules) annually in gross wages (excluding overtime pay) from the reemployment. E. Is not reemployed at the firm from which the individual was separated.4.Eligibility periodA. An individual who continues to meet the eligibility criteria and who has not received TRA is eligible for RTAA benefits beginning the earlier of the date on which the individual obtains reemployment or the date on which the individual exhausts all rights to unemployment insurance based upon the most recent separation from adversely affected employment that qualifies the individual as an adversely affected worker; the benefit continues for two years or until $12,000 (certs 70,000-79,999) or $10,000 (certs 81,000+ or 80,000 choosing the 81,000 rules) in benefits have been paid, whichever is sooner.B. An individual who continues to meet the eligibility criteria and who has received TRA is eligible for RTAA benefits beginning on the date on which the individual obtains reemployment and continuing for two years reduced by the total number of weeks for which the worker received TRA or until the individual's benefit maximum has been paid, whichever is sooner. The benefit maximum is determined by multiplying $12,000 (certs 70,000-79,999) or $10,000 (certs 81,000+ or 80,000 choosing the 81,000 rules)by the ratio of the maximum number of weeks in the individual's eligibility period to 104 weeks. [EXAMPLE: If a worker is eligible for a maximum of 78 weeks of RTAA under this paragraph, then the maximum benefit would be $12,000 * 78/104 = $9,000.]5.BenefitA. For an individual reemployed at least 35 hours per week, the RTAA benefit paid during the eligibility period is equal to 50% of the difference between the annualized wages at separation that the individual earned from the qualifying employment and the annualized wages earned in the worker's new employment.B. For an individual reemployed at least 20 hours per week and enrolled in training, the RTAA benefit is calculated pursuant to paragraph A, except substituting for 50%, a percent equal to 1/2 of the ratio of the number of weekly hours of new employment to the number of weekly hours of employment at the time of separation. In no case, however, may this exceed 50%. [EXAMPLE: If a worker works 20 hours per week in new employment and had worked 40 hours per week at the employment from which he or she was separated, then the percentage to be applied would be 1/2 * 20/40 = 25%.]C. For the purposes of subparagraphs A and B, annualized wages at separation are computed by multiplying by 52 the individual's hourly rate received during the last full week of work times the number of hours worked during the last full week of work. Annualized wages earned in new employment are calculated using the same method with respect to the first full week of reemployment. These calculations exclude overtime wages and hours. If, during the worker's period of eligibility it is determined as a result of a review that the annualized wages at new employment have changed, the benefit will be adjusted accordingly.6. An individual who received RTAA may not later become eligible for TRA based upon the same certification. 12- 597 C.M.R. ch. 1, § 14