UI / DE 8360

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Request for Claim Choice Regular Unemployment Insurance (UI) or Trade Readjustment Allowance (TRA)

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This notice is to advise you that as an eligible participant in the Trade Adjustment Assistance (TAA) program under the Trade Act of 1974 (Public Law 93-618), as amended by the Trade and Globalization Adjustment Assistance Act (TGAAA) of 2009 (19 USC section§ 2292), you have been determined eligible to choose the claim from which you want to receive weekly benefits. You may choose either your new or existing Trade Readjustment Allowance (TRA) claim or your new regular Unemployment Insurance (UI) claim. For information about your new regular UI claim benefits and the earnings used to establish your new regular UI claim, refer to the Notice of Unemployment Insurance Award (DE 429) that was mailed to you after the new claim was filed.
Carefully review the information below about your claim choices and the additional information on page two of this notice. The claim that you chose will determine the weekly and maximum benefit amount that you will receive. Once your claim choice is submitted, it cannot be changed.
Federal law requires that you provide the Employment Development Department (EDD) with your claim choice. The EDD will not pay any further benefits until we receive your claim choice. You must provide your claim choice to the EDD either by completing and returning this notice or by calling the designated toll-free number below. Once your claim choice is received and processed by the EDD, and you meet all other UI eligibility criteria, your benefit payments can resume.
To respond with your claim choice using this notice, mark the box next to your claim choice, sign and date the notice, and mail the notice to the EDD Special Claims Office to the address listed at the bottom of this notice using the enclosed envelope.
To respond with your claim choice by phone, call the EDD Special Claims Office at ‎(888) 697-1760 and advise the representative which claim you choose. You can also call the Special Claims Office if you have questions.

CLAIM CHOICES

Trade Readjustment Allowance (TRA) Claim

Regular UI Claim

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Special Claims Office 850 • P.O. Box 419076 • Rancho Cordova, CA 95741-9076 • (888) 697-1760

DE 8360 Rev. 1 (8-21) (INTRANET)

SAMPLE, this page for reference only

UI or TRA Claim Election — Additional Information

Amendments to the Trade Act of 1974 (19 USC Section section§§ 2271—2331):

This notice is provided to you in accordance with the provisions of the Trade Act of 1974, as amended by the Trade and Globalization Adjustment Assistance Act (TGAAA) of 2009 (Public Law 111-5). The TRA or regular UI claim election is only available to you if you are certified under the TAA for Workers program, as amended by the 2009 TGAAA, which is indicated by a petition number greater than 70,000 and less than 80,000.

Basis of TRA or Regular UI Claim Elections:

If your wages from part-time or short-term employment after your most recent total separation from adversely affected employment are sufficient to establish a new UI benefit year, and you are otherwise entitled to a TRA claim, the EDD is required to provide you with the option to elect to receive TRA or regular UI benefits. The EDD must provide you with an explanation of your benefit rights in writing and document your choice in a case management file.

Election for a Trade Readjustment Allowance (TRA) Claim:

When you elect to receive benefits from a TRA claim, your regular UI claim will be suspended. Any benefits paid on the regular UI claim will be transferred to the TRA claim, which will reduce your TRA claim balance. You will be issued an adjustment payment to make up the difference for each week you were paid on the regular UI claim if the WBA of your TRA claim is higher. The TRA WBA is the same as the WBA of the regular UI claim that was in effect when your most recent adversely affected separation occurred. The TRA benefits are payable until you collect all available benefits on your TRA claim, or until you complete your training, whichever occurs first. You can only be paid TRA benefits if you continue to meet all other UI eligibility criteria.

You will need to contact the EDD Special Claims Office at ‎(888) 697-1760 when your TRA benefits end and a TRA specialist will determine if you are eligible to receive any benefits from your suspended regular UI claim. Regular UI benefits are available until the benefit year of your new claim ends, or until you collect all available benefits on your regular UI claim, whichever occurs first. You can only be paid regular UI benefits if you continue to meet all UI eligibility criteria.

Election for a Regular UI Claim:

When you elect to receive benefits from your regular UI claim, you cannot receive benefits from a new or existing TRA claim until you collect all available benefits on your regular UI claim, or the benefit year of your regular UI claim ends, whichever occurs first. You can only be paid regular UI benefits if you continue to meet all other UI eligibility criteria.

Contact the EDD Special Claims Office at ‎(888) 697-1760 when your regular UI benefits end and a TRA specialist will determine if you are eligible to receive any TRA benefits.

DE 8360 Rev. 1 (8-21) (INTRANET)