DIRECTIVE	:	UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 43-88, Change 2
TO	:	ALL STATE EMPLOYMENT SECURITY AGENCIES
FROM	:	DONALD J. KULICK Administrator for Regional Management
SUBJECT	:	UCFE Process - United States Department of Commerce (DOC), the Bureau of the Census (BC), the Decennial Census

1. Purpose. The purpose of this directive is to inform State Employment Security Agencies (SESAs) that UIPL 43-88, change 1 is rescinded. Services performed by temporary BC workers are again covered for UCFE purposes.

2. References. Customs and Trade Act of 1990 (CTA) P.L. 101-382; Dire Emergency Supplemental Appropriation (DESA) P.L. 101-302; 104 Stat. 215; and ET Handbook No. 391.

3. Background. The DESA excluded individuals appointed to temporary positions within the BC for purposes related to the 1990 decenniel census from coverage under the UCFE program for services performed after April 20, 1990. The CTA repeals that portion of the DESA as of April 21, 1990 and reinstates as Federal service work performed in temporary positions within the BC. Therefore, all individuals hired by the BC for such purposes, temporary or permanent, are to be covered for UCFE purposes for services performed both before and after April 20, 1990.

   BC has made arrangements with their finance center to issue a consolidated ES-931 to individuals who performed services for the BC both before and after April 20, 1990. This restores the procedure in place before enactment of the DESA and replaces the procedure initiated with the enactment of the DESA in which two separate Form ES-931s were issued to individuals who performed services for the BC both before and after April 20, 1990.

4. Action Required. SESAs are required:

   1. To inform appropriate staff of the contents of this directive;

   2. To contact claimants whose UCFE benefits were denied or in which the monetary amount was incorrectly determined based on the ecclusion from UCFE coverage due to SESA provisions; and

   3. To the extent authorized uner applicable State law, redetermine the claims noted in b. above, or take new initial claims from such individuals noted in b. above, utilizing the provisions of the CTA.

   For States in which CB service and wages for periods after April 20, 1990, were excluded when making UCFE determinations, SESAs should make a redetermination and new claims should be accepted retroactively if State law permits.

5. Inquiries. Questions concerning this directive should be directed to the appropriate Regional Office.