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U.S. DEPARTMENT OF LABOR


Employment and Training Administration
Washington, D. C. 20210

CLASSIFICATION

UI

CORRESPONDENCE SYMBOL

TEURL

ISSUE DATE

April 15, 1994

RESCISSIONS

None

EXPIRATION DATE

April 30, 1994

DIRECTIVE

:

UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 13-94, Change 1

 

TO

:

ALL STATE EMPLOYMENT SECURITY AGENCIES

 

FROM

:

MARY ANN WYRSCH
Director
Unemployment Insurance Service

 

SUBJECT

:

Draft Language - Failure to Participate in Reemployment Services

 

  1. Purpose. To provide State Employment Security Agencies (SESAs) with revised draft language to implement section 4(b) of Public Law (P.L.) 103-152 and clarify certain elements of UIPL 13-94.

  2. References. UIPL 13-94; Section 4, of P.L. 103-152; Section 303(a)(10) of the Social Security Act (SSA).

  3. Background. UIPL 13-94 provided information on the provisions of the Unemployment Compensation Amendments of 1993, P.L. 103-152, which affect the Federal-State unemployment compensation (UC) program.  Attachment III to UIPL 13-94 provided draft language to implement new Section 303(a)(10), SSA, as added by Section 4(b) of P.L. 103-152, which requires that certain individuals be held ineligible for UC for failure, to participate in reemployment services.  However, the craft language erroneously omitted language pertaining to exceptions to this requirement.  This UIPL provides amended draft language and further clarification of UIPL 13-94.

  4. Revised Draft Language. States needing to amend their laws to incorporate the new eligibility criteria established by P.L. 103-152 may wish to use the following draft language:

    Section 303(a)(10), SSA, requires State laws to contain "a requirement that, as a condition of eligibility for regular compensation for any week, any claimant who has been referred to reemployment services pursuant to the profiling system . . . participate in such services or determines (A) such claimant has completed such services; or (B) there is justifiable cause for such claimant's failure to participate in such services." (Emphasis added.)  Therefore, the State law is required to provide not only that eligibility for regular UC is conditioned on a claimants participation in reemployment services, but also that such condition is treated as met if the claimant has completed such services, or there is justifiable cause for the claimant's nonparticipation.

    It should be further noted that the above language is intended to be added to the section of State law containing eligibility requirements (e.g., Employment service registration and able and available requirements).  Justifiable cause does not supersede, State able and available requirements, but rather is an additional eligibility requirement related to participation in reemployment services.  Specifically, if an individual is determined to have justifiable cause for failure to participate in reemployment services, the individual still must met a State's able and available requirements to be eligible for UC.

  5. Clarification. At one point, UIPL 13-94 uses the term "disqualification" when referring to the eligibility requirement that individuals participate in reemployment services.  It would be more accurate to refer to those individuals who fail to participate in reemployment services as being "ineligible" for UC.

  6. Action Required. SESAs are requested to take the action necessary to assure consistency with Federal requirements.  The Department of Labor assumes States will need to amend their laws in accordance with the revised draft language.  If a State does not need such a law change, it will be necessary to so notify the Department.

  7. Inquiries. Inquiries should be directed to your Regional office.