SECTION 849.2. Definitions

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

(1) Adversely affected employment--Employment in which workers are eligible to apply for Trade Adjustment Assistance (TAA).

(2) Adversely affected incumbent worker--An individual who:

(A) is a member of a worker group certified as eligible to apply for the TAA Program;

(B) has not been totally or partially separated from adversely affected employment; and

(C) is threatened with total or partial separation, as determined by the United States Department of Labor (DOL).

(3) Adversely affected worker--An individual, including an employer, who because of lack of work in adversely affected employment, has been totally or partially separated from such employment.

(4) Alternative Trade Adjustment Assistance for Older Workers/Reemployment Trade Adjustment Assistance--Benefits available to workers in an eligible worker group who are at least 50 years of age and who obtain different, full-time employment following 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.

(5) Benchmarking--A process conducted no less often than once every 60 days and designed to monitor and ensure the worker progresses toward completing the approved training based on two criteria:

(A) Maintaining satisfactory academic standing; and

(B) Staying on schedule to complete training within the time frame identified in the approved training plan.

(6) Bona fide application for training--Any document developed by a Board or provided by the Agency that meets the requirements of 20 Code of Federal Regulations (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.

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

(8) Individual employment plan (IEP)--A revisable document containing an ongoing strategy, jointly developed by the trade-affected worker and the case worker, identifying the worker's employment goals and appropriate achievement objectives.

(9) Job search allowance--Benefit provided to trade-affected workers to support out-of-area job search when employment is not available within the Commission-established local commuting area.

(10) Labor market information--Information used to measure expected job market conditions that include, but are not limited to, job order activity, short-term projections data, job vacancy surveys, business visitation programs, and local and regional strategic plans.

(11) Rapid Response services--As defined by Workforce Innovation and Opportunity Act §3(51); 20 CFR Part 652, Subpart C; 20 CFR §§665.300, 665.310, and 665.320; and the Trade Act.

(12) Relocation allowance--A benefit provided to a trade-affected worker to support relocation of the worker's household and family when suitable employment or employment that pays a wage of at least the 75th percentile of national wages is not available to the worker within the Commission-established local commuting area and relocation is necessary to secure suitable employment.

(13) Suitable employment--Any employment that meets the requirements of 19 United States Code (USC) §2296, as referenced in 20 CFR Part 618, Subpart F, Reemployment Services, and in particular §618.610(a)(1), which is employment that results in work of an equal or higher skill level as compared to the worker's past adversely affected employment, with wages of not less than 80 percent of the worker's average weekly wage.

(14) Trade Act--The federal statutes relating to Trade Adjustment Assistance and Trade Readjustment Allowances. For purposes of this chapter, references to the "Trade Act" shall include references to the federal statutes relating to the Trade Act of 1974, as amended, which include the Trade Adjustment Assistance Reform Act of 2002; the Trade and Globalization Adjustment Assistance Act of 2009; the Omnibus Trade Act of 2010; the Trade Adjustment Assistance Extension Act of 2011; the sunset provisions of the Trade Adjustment Assistance Extension Act of 2011, referred to as Reversion 2014; and reversion provisions of the Trade Adjustment Assistance Reauthorization Act of 2015, referred to as Reversion 2021.

(15) Traded-affected worker--A category including both adversely affected workers and adversely affected incumbent workers.

(16) Trade benefits--Benefits available to any member of a worker group certified by DOL as trade-affected.

(17) Trade Readjustment Allowances (TRA)--A weekly allowance payable to an adversely affected worker who meets the requirements of 20 CFR Part 618, Subpart G.

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

(19) Waiver of the training requirement--A document developed by the Agency, which may be adapted by a Board, that meets the requirements of the Trade Act, and is approved by state merit staff, waiving the requirement to be enrolled in Trade-funded training in order to receive TRA.

(20) WARN--The Worker Adjustment and Retraining Notification Act, as set forth in 29 USC Chapter 23.

(21) Work-based training--Training services specifically designed to meet an employer's staffing and skill needs, as set forth by 20 CFR §618.635, including on-the-job and customized training, and apprenticeship programs.

Source Note: The provisions of this §849.2 adopted to be effective November 24, 2003, 28 TexReg 10510; amended to be effective January 12, 2015, 40 TexReg 270; amended to be effective July 18, 2022, 47 TexReg 4143