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TITLE 40SOCIAL SERVICES AND ASSISTANCE
PART 20TEXAS WORKFORCE COMMISSION
CHAPTER 849EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS
SUBCHAPTER AGENERAL PROVISIONS
RULE §849.2Definitions

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.

  (1) ATAA--Alternative Trade Adjustment Assistance for Older Workers. Benefits are available to workers in an eligible worker group who are at least 50 years of age and who obtain different, full-time employment within 26 weeks of separation from adversely affected employment, at wages less than those earned in the adversely affected employment. These workers may receive up to half of the difference between the worker's old wage and the new wage, as set forth in the Trade Act.

  (2) Bona Fide Application for Training--any document developed by a Board or provided by the Commission that meets the requirements of 20 CFR §617.3(h)(1)(i), and is signed and dated by the participant, which includes the participant's name, Trade petition number, and specific occupational training.

  (3) Contextual Learning--learning, which includes English and basic skills, presented in the context of the selected vocational skills training.

  (4) Employer-Based Training--training services specifically designed to meet an employer's staffing and skill needs, including on-the-job and customized training, as defined by WIA and the Trade Act.

  (5) HCTC--Health Coverage Tax Credit. This benefit provides a tax credit of 65% of the cost of coverage of the eligible individual and qualified family members under qualified health insurance, as set forth in the Trade Act.

  (6) IEP--Individual Employment Plan. An individual employment plan and service strategy that must identify the results of a comprehensive and objective assessment of the knowledge, skills, abilities, and interests; employment goals; a description of the training services; and the appropriate combination of services for the participant to achieve employment goals and objectives.

  (7) Rapid Response Services--as defined by WIA §134; 20 CFR 652 Subpart. C; 20 CFR §665.300, §665.310, §665.320; and the Trade Act.

  (8) Suitable Employment--any employment prior to a referral to Trade-approved training that meets the requirements of 19 U.S.C §2296 (as referenced in 20 CFR 617 Subpart. C, Reemployment Services, and in particular §617.22(a)(1)(i)), which is employment that results in work of a substantially equal or higher skill level than the worker's past adversely affected employment, with wages of not less than 80% of the worker's average weekly wage.

  (9) Trade Act-- the federal statutes relating to Trade Adjustment Assistance, and TRAs. For purposes of this rule, references to the "Trade Act" shall include references to the federal statutes relating to the Trade Act of 1974 and the Trade Act of 2002.

  (10) Trade-Affected Worker--any dislocated worker, as defined in WIA §134, or secondarily impacted worker as referenced in 19 U.S.C. §2272, who states that his or her job was adversely affected by trade, or has filed, or whose company has filed, or who has been assisted in filing a petition for Trade certification with the U.S. Department of Labor (DOL).

  (11) Trade Benefits--benefits available to dislocated workers certified by DOL as eligible for Trade benefits, which are funded through the federal Trade program administered by DOL.

  (12) Trade-Certified Worker--any worker meeting the definition of trade-affected worker who is covered by a certification of eligibility as a result of a petition and determination of certification under 19 U.S.C. §2273 by the Secretary of the U.S. Department of Labor.

  (13) TRAs--Trade Readjustment Allowances. Income-support benefits available to certain trade-affected workers.

  (14) UI--Unemployment Insurance program, as set forth in Texas Labor Code §201.001 et seq.

  (15) Waiver of Training-- any document developed by a Board or provided by the Commission that meets the requirements of the Trade Act, which recommends waiving the requirement to be enrolled in Trade-funded training in order to receive TRAs and the HCTC.

  (16) WARN--The Worker Adjustment and Retraining Notification Act, as set forth in WIA and the Trade Act.


Source Note: The provisions of this §849.2 adopted to be effective November 24, 2003, 28 TexReg 10510

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