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

1. (1) Alternative Trade Adjustment Assistance for Older Workers/Reemployment Trade Adjustment Assistance (ATAA/RTAA)--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.

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

   1. (A) Maintaining satisfactory academic standing; and
   2. (B) Staying on schedule to complete training within the time frame identified in the approved training plan.
3. (3) 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.
4. (4) Contextual Learning--learning, which includes English and basic skills, presented in the context of the selected vocational skills training.
5. (5) Employer-Based Training--training services specifically designed to meet an employer's staffing and skill needs, including on-the-job and customized training, and apprenticeship programs.
6. (6) Job Search Allowance--cash benefit provided to Trade-certified workers to support out-of-area job search when suitable employment is not available within the Commission-established local commuting area.
7. (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. (8) Relocation allowance--A cash benefit provided to a Trade-certified worker to support relocation of the worker's household and family when suitable employment is not available to the worker within the Commission-established local commuting area and relocation is necessary to secure suitable employment.
9. (9) Reemployment and Training Plan (REP)--An employability development plan and service strategy that identifies the results of a comprehensive and objective assessment of the participant's knowledge, skills, abilities, and interests; employment goals; a description of training services; the appropriate combination of services for the participant to achieve employment goals and objectives; and benchmarks for successful completion of the plan.
10. (10) Suitable Employment--any employment that meets the requirements of 19 USC §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 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.
11. (11) Trade Act--the federal statutes relating to Trade Adjustment Assistance and Trade Readjustment Allowances. For purposes of this rule, 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; and the sunset provisions of the Trade Adjustment Assistance Extension Act of 2011, referred to as Reversion 2014.
12. (12) Trade-Affected Worker--any dislocated worker, as defined in WIA §134, or secondarily impacted worker as referenced in 19 USC §2272, who states that his or her job was adversely affected by trade, and has filed, or whose company has filed, or who has been assisted in filing a petition for Trade certification with the US Department of Labor (DOL).
13. (13) 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.
14. (14) 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 DOL.
15. (15) Trade Readjustment Allowances (TRA)--Income-support benefits available to certain trade-affected workers.
16. (16) Unemployment Insurance (UI)--UI program as set forth in Texas Labor Code §201.001 et seq.
17. (17) 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.
18. (18) 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; amended to be effective January 12, 2015, 40 TexReg 270.