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Code · STATUTE-COMPILATIONS · Trade Act of 1974 · Sec. 233

Sec. 233. LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES

1,008 words·~5 min read·/statute-compilations/comps-10384/sec-233

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## SEC. 233 LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES ###
(a)####
(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 232(a)), 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 231(a)(3)(A). #### (2)7 A trade readjustment allowance shall not be paid for any week occurring after the close of the 104-week period (or, in the case of an adversely affected worker who requires a program of remedial education (as described in section 236(a)(5)(D)) in order to complete training approved for the worker under section 236, the 130-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— 7Paragraph (2)(A) of section 406(a) of Public Law 114–27 provides as follows:
(2)section 233 of that Act shall be applied and administered—
(A)in subsection (a)—
(i)in paragraph (2), by substituting “104-week period” for “104-week period” and all that follows through “130-week period)”; and
(ii)in paragraph (3)—
(I)in the matter preceding subparagraph (A), by substituting “65” for “52”; and
(II)by substituting “78-week period” for “52-week period” each place it appears; and #####
(A)within the period which is described in section 231(a)(1), and #####
(B)with respect to which the worker meets the requirements of section 231(a)(2). ####
(3)Notwithstanding paragraph (1), in order to assist the adversely affected worker to complete training approved for him under section 236, and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 52 additional weeks in the 52-week period that— #####
(A)follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter; 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 52-week period during which the individual is participating in such training. ###
(b)A trade readjustment allowance may not be paid for an additional week specified in subsection (a)(3) if the adversely affected worker who would receive such allowance did not make a bona fide application to a training program approved by the Secretary under section 236 within 210 days after the date of the worker's first certification of eligibility to apply for adjustment assistance issued by the Secretary, or, if later, within 210 days after the date of the worker's total or partial separation referred to in section 231(a)(1). ###
(c)Amounts payable to an adversely affected worker under this part shall be subject to such adjustment on a week-to-week basis as may be required by section 232(b). ###
(d)Notwithstanding any other provision of this Act 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 part. 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. ###
(e)No trade readjustment allowance shall be paid to a worker under this part for any week during which the worker is receiving on-the-job training. ###
(f)For purposes of this chapter, 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 236(a) before the beginning of such break in training, and ####
(2)the break is provided under such training program. ### (g)8 Notwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 which includes a program of remedial education (as described in section 236(a)(5)(D)), and in accordance with regulations prescribed by the Secretary, payments may be made as trade readjustment allowances for up to 26 additional weeks in the 26-week period that follows the last week of entitlement to trade readjustment allowances otherwise payable under this chapter. 8Paragraph (2)(B) of section 406(a) of Public Law 114–27 provides:
(B)by applying and administering subsection
(g)as if it read as follows:
(g)Payment of Trade Readjustment Allowances to Complete TrainingNotwithstanding any other provision of this section, in order to assist an adversely affected worker to complete training approved for the worker under section 236 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 chapter 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. **[**[19 U.S.C. 2293](/us/usc/t19/s2293)**]**
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Sec. 233
LIMITATIONS ON TRADE READJUSTMENT ALLOWANCES
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