(a) Maximum allowance; deduction for unemployment insurance; additional payments for approved training periods
(1) The maximum amount of trade readjustment allowances payable with respect to the period covered by any certification to an adversely affected worker shall be the amount which is the product of 52 multiplied by the trade readjustment allowance payable to the worker for a week of total unemployment (as determined under section 2292(a) of this title), but such product shall be reduced by the total sum of the unemployment insurance to which the worker was entitled (or would have been entitled if he had applied therefor) in the worker’s first benefit period described in section 2291(a)(3)(A) of this title.
Terms Used In 19 USC 2293
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
(2) A trade readjustment allowance under paragraph (1) shall not be paid for any week occurring after the close of the 104-week period that begins with the first week following the week in which the adversely affected worker was most recently totally separated from adversely affected employment–
(A) within the period which is described in section 2291(a)(1) of this title, and
(B) with respect to which the worker meets the requirements of section 2291(a)(2) of this title.
(3) Notwithstanding paragraph (1), in order to assist the adversely affected worker to complete a training program approved for the worker under section 2296 of this title, and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 65 additional weeks in the 78-week period that–
(A) follows the last week of entitlement to trade readjustment allowances otherwise payable under this part; or
(B) begins with the first week of such training, if such training begins after the last week described in subparagraph (A).
Payments for such additional weeks may be made only for weeks in such 78-week period during which the individual is participating in such training.
(b) Adjustments of amounts payable
Amounts payable to an adversely affected worker under this division shall be subject to such adjustment on a week-to-week basis as may be required by section 2292(b) of this title.
(c) Special adjustments for benefit years ending with extended benefit periods
Notwithstanding any other provision of this chapter or other Federal law, if the benefit year of a worker ends within an extended benefit period, the number of weeks of extended benefits that such worker would, but for this subsection, be entitled to in that extended benefit period shall be reduced (but not below zero) by the number of weeks for which the worker was entitled, during such benefit year, to trade readjustment allowances under this division. For purposes of this paragraph, the terms “benefit year” and “extended benefit period” shall have the same respective meanings given to them in the Federal-State Extended Unemployment Compensation Act of 1970.
(d) Week during which worker received on-the-job training
No trade readjustment allowance shall be paid to a worker under this division for any week during which the worker is receiving on-the-job training.
(e) Workers treated as participating in training
For purposes of this part, a worker shall be treated as participating in training during any week which is part of a break in training that does not exceed 30 days if–
(1) the worker was participating in a training program approved under section 2296(a) of this title before the beginning of such break in training, and
(2) the break is provided under such training program.
(f) Payment of trade readjustment allowances to complete training
Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 2296 of this title that leads to the completion of a degree or industry-recognized credential, payments may be made as trade readjustment allowances for not more than 13 weeks within such period of eligibility as the Secretary may prescribe to account for a break in training or for justifiable cause that follows the last week for which the worker is otherwise entitled to a trade readjustment allowance under this part if–
(1) payment of the trade readjustment allowance for not more than 13 weeks is necessary for the worker to complete the training;
(2) the worker participates in training in each such week; and
(3) the worker–
(A) has substantially met the performance benchmarks established as part of the training approved for the worker;
(B) is expected to continue to make progress toward the completion of the training; and
(C) will complete the training during that period of eligibility.
(g) Special rule for calculating separation
Notwithstanding any other provision of this part, any period during which a judicial or administrative appeal is pending with respect to the denial by the Secretary of a petition under section 2273 of this title shall not be counted for purposes of calculating the period of separation under subsection (a)(2).
(h) Special rule for justifiable cause
If the Secretary determines that there is justifiable cause, the Secretary may extend the period during which trade readjustment allowances are payable to an adversely affected worker under paragraphs (2) and (3) of subsection (a) (but not the maximum amounts of such allowances that are payable under this section).
(i) Special rule with respect to military service
(1) In general
Notwithstanding any other provision of this part, the Secretary may waive any requirement of this part that the Secretary determines is necessary to ensure that an adversely affected worker who is a member of a reserve component of the Armed Forces and serves a period of duty described in paragraph (2) is eligible to receive a trade readjustment allowance, training, and other benefits under this part in the same manner and to the same extent as if the worker had not served the period of duty.
(2) Period of duty described
An adversely affected worker serves a period of duty described in this paragraph if, before completing training under section 2296 of this title, the worker–
(A) serves on active duty for a period of more than 30 days under a call or order to active duty of more than 30 days; or
(B) in the case of a member of the Army National Guard of the United States or Air National Guard of the United States, performs full-time National Guard duty under section 502(f) of title 32 for 30 consecutive days or more when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.