98-30366. Invitation to Comment on Proposed Minimum Performance Criteria for UI PERFORMS Tier I Measures  

  • [Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
    [Notices]
    [Pages 63544-63550]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 98-30366]
    
    
    
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    Part IV
    
    
    
    
    
    Department of Labor
    
    
    
    
    
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    Employment And Training Administration
    
    
    
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    Invitation To Comment on Proposed Minimum Performance Criteria for UI 
    PERFORMS Tier I Measures; Notice
    
    Federal Register / Vol. 63, No. 219 / Friday, November 13, 1998 / 
    Notices
    
    [[Page 63544]]
    
    
    
    DEPARTMENT OF LABOR
    
    Employment And Training Administration
    
    
    Invitation to Comment on Proposed Minimum Performance Criteria 
    for UI PERFORMS Tier I Measures
    
    AGENCY: Employment and Training Administration, Labor.
    
    ACTION: Notice and opportunity to comment on proposed minimum 
    performance criteria for UI PERFORMS Tier I measures.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The purpose of this notice is to explain and invite comment on 
    the proposed minimum performance criteria for nine UI PERFORMS Tier I 
    measures. UI PERFORMS is the Department's management system for 
    promoting continuous improvement in Unemployment Insurance performance.
    
    DATES: Written comments must be received by the close of business 
    January 12, 1999.
    
    ADDRESSES: Comments should be submitted to Ms. Grace A. Kilbane, 
    Director, Unemployment Insurance Service, U. S. Department of Labor, 
    Employment and Training Administration, 200 Constitution Avenue, NW, 
    Room S-4231, Washington, D.C. 20210.
    
    FOR FURTHER INFORMATION CONTACT: Ms. Sandra King, Director, Division of 
    Performance Review, Unemployment Insurance Service, U. S. Department of 
    Labor, Employment and Training Administration, 200 Constitution Avenue, 
    N.W, Room S-4231, Washington, DC 20210, 202-219-5223, extension 160, or 
    Andrew Spisak, who can be contacted at the same address or at 202-219-
    5223, extension 157. (These are not toll free numbers.) Workgroup 
    papers are available upon request.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        When the State-Federal Performance Enhancement Work Group (PEWG) 
    established the outlines of the UI PERFORMS system for promoting 
    continuous improvement in UI operational performance, it identified 10 
    key measures for which uniform national criteria would be set. It 
    called these ``Tier I'' measures. The criteria for these measures were 
    to be interpreted as minimum levels which States would always be 
    expected to meet or exceed, similar to the criteria which implement the 
    current Secretary's Standards for first payment and lower authority 
    appeals promptness.
        The PEWG's successor, the Performance Enhancement Group (PEG), 
    ratified the meaning of the performance criteria and established three 
    workgroups--Appeals, Benefits, and Tax--to develop recommendations for 
    the criteria. Each group included Federal staff from the National and 
    Regional Offices, and at least two State representatives. The PEG 
    developed guidelines for the workgroups to follow in developing their 
    recommendations. The PEG also deferred setting a criterion for 
    cashiering timeliness until that measure can be applied more uniformly.
        PEG materials related to the establishment of performance criteria 
    were provided in UIPL No. 19-98. UIPL No. 34-98 described the process 
    for establishing the performance criteria. The workgroup members are 
    identified in Appendix A, and PEG members are identified in Appendix B.
        The workgroups' reports were presented to the PEG at its meeting in 
    Washington, DC, on September 28-30, 1998. The PEG reviewed the 
    workgroups' recommendations, both in terms of the individual Tier I 
    measures and in light of their cumulative burden, and recommended 
    appropriate adjustments. The PEG's decisions were reported in UIPL 4-99 
    (October 20, 1998), which solicited the comments of the State 
    Employment Security Agencies on the proposed performance criteria.
    
    Performance Criteria Principles
    
        a. PEWG Guidance. The PEWG originally addressed the subject of 
    developing performance criteria at its meetings in April and October 
    1994 and recommended the following principles:
         Criteria should be set for only a few elements.
         Measures would have agreed-on validity.
         Validity would include the attribute that the measures 
    would have the same meaning in all States so that inter-State 
    comparisons are valid.
         The criteria would be interpreted as performance floors, 
    similar to the criteria for the current Secretary's Standards, which 
    the criteria will replace.
         States would be expected to meet or exceed the criteria, 
    unless attaining the established levels was not ``administratively 
    feasible'' for the period measured.
         Through their annual State Quality Service Plans (SQSP), 
    States would be encouraged to establish their own targets above these 
    minimum levels.
         Regarding the levels selected:
         The implications for customer service should be considered.
         They should be no lower than existing criteria for 
    Secretary's Standards or Desired Levels of Achievement, if set for 
    measures which remain the same as Quality Appraisal measures.
         Face validity is important. The measures should balance 
    levels necessary to sustain quality customer service with the 
    administrative feasibility of attaining and exceeding those levels.
         Levels should take into account recession impacts on 
    performance.
         In the application of these standards:
         Missing a criterion will require corrective action; a State 
    that does not want to undertake a Corrective Action Plan will have to 
    demonstrate that either (a) the measurement of its performance was 
    incorrect and the criterion was really attained, or (b) attaining the 
    criterion at the time was not administratively feasible.
         Persistent performance below the established criterion would 
    be required before the Department of Labor would initiate stronger 
    action. The Department of Labor would have to ensure that the State was 
    not treated differently than other States and that the Department's 
    judgments were as free as possible of subjective considerations. The 
    Department of Labor must conclude that the performance deficiencies 
    reflected systemic, not random or temporary (such as recessionary), 
    causes.
        b. PEG Guidance. More recently, the PEG addressed the subject of 
    benchmarks at its first two meetings and set down the following 
    guidelines for performance criteria:
         The criteria should be minimum or floor values which every 
    State is expected to meet or exceed.
         They should reflect levels which are administratively 
    feasible.
         The levels chosen should reflect good customer service.
         They should reflect actual State experience using three 
    years of data, if available.
         Where there is a current and/or similar criterion, a 
    replacement should not be set lower unless there is a justification.
         The criteria should be set on validated data, if 
    available.
         They should have ``face validity'' to the public.
        One objective of the criteria is to facilitate continuous 
    improvement for the system as a whole, specifically by encouraging 
    States to perform at levels above the minimum and by helping to raise 
    the performance of States not meeting the criteria. The proposed 
    criteria include the notion that minimum performance levels need to be 
    set at levels which are both
    
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    administratively feasible and high enough to convince the public that 
    UI is serious about conducting a quality program.
    
    Periodic Review and Affirmation or Revision
    
        The PEWG and PEG stressed that the system is committed to reviewing 
    measures and performance criteria periodically, so setting criteria is 
    not a one-time event. The first set of UI PERFORMS criteria will be 
    reviewed five years from the date of issuance, with the exception of 
    the criteria for nonmonetary determinations timeliness, nonmonetary 
    determinations quality, and new status determinations accuracy, which 
    will be reviewed after two years. Additional performance data will have 
    been collected for the measures, and States will have had their first 
    opportunity to validate the data prior to the reviews. Subsequent 
    reviews will occur at approximately five-year intervals.
    
    Effective Date
    
        Except as noted below, these criteria will be used to assess SESA 
    performance effective with the fiscal year (FY) 2000 planning cycle. 
    Because the FY 2000 planning cycle will use performance data which in 
    part predate the issuance of this directive, States whose performance 
    for one or more of the Tier I measures does not meet or exceed the 
    criteria will be required to submit ``transition plans'', in lieu of 
    corrective action plans, identifying the steps the State will take to 
    achieve the minimum performance criteria. Performance assessment in 
    subsequent SQSP cycles is described in section, ``Performance 
    Assessment'', below.
    
    Summary of Minimum Performance Criteria
    
    ------------------------------------------------------------------------
                                   Criteria effective    Criteria effective
               Measure                   FY 2000               FY 2002
    ------------------------------------------------------------------------
    First Payment Timeliness....  1. 87% within 14/21   1. 90% within 14/21
                                   days.                 days.
                                  2. 93% within 35      2. 95% within 35
                                   days.                 days.
    Nonmonetary Determinations    ....................  1. 80% of separation
     Timeliness.                                         determinations
                                                         within 21 days.
                                                        2. 80% of
                                                         nonseparation
                                                         determinations
                                                         within 14 days.
    Nonmonetary Determinations    ....................  75% of all
     Quality.                                            determinations with
                                                         passing scores (>
                                                         80 points)--all
                                                         programs,
                                                         separation and
                                                         nonseparation
                                                         combined.
    Lower Authority Appeals       1. 60% of decisions   1. 60% of decisions
     Timeliness.                   within 30 days.       within 30 days.
                                  2. 80% of decisions   2. 85% of decisions
                                   within 45 days.       within 45 days.
                                  3. 95% of decisions   3. 95% of decisions
                                   within 75 days.       within 75 days
    Higher Authority Appeals      1. 50% of decisions   No change.
     Timeliness.                   within 45 days.
                                  2. 80% of decisions
                                   within 75 days.
                                  3. 95% of decisions
                                   within 120 days.
    Lower Authority Appeals       80% of all benefit    No change.
     Quality.                      appeals with
                                   combined scores
                                   equal to at least
                                   85% of potential
                                   points.
    Timeliness of New Status      1. 60% of             No change.
     Determinations.               determinations made
                                   within 90 days of
                                   quarter ending date
                                   (QED).
                                  2. 80% of
                                   determinations made
                                   within 180 days of
                                   QED.
    New Status Determinations     ....................  No more than six
     Accuracy.                                           cases from an
                                                         acceptance sample
                                                         of 60 cases can
                                                         fail the
                                                         evaluation.
    Timeliness of Transfer from   Maximum of two days   Maintenance of an
     Clearing Account to Trust     to transfer funds     annual ratio* 1.75.
                                   clearing account to
                                   the UI trust fund.
    ------------------------------------------------------------------------
    * Ratio of the monthly average daily available balance (line 10, ETA
      8414 report) to the average daily transfer to the trust fund (line 3,
      ETA 8405 report, divided by the number of days in the month).
    
    Tier I Measures: Definitions and Recommended Criteria
    
    First Payment Timeliness
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Number of days elapsed from week-ending  1. 87 percent within 14/21
     date of the first compensable week in    days.
     benefit year to date payment is         2. 93 percent within 35 days.
     mailed, made in person, or offset or    In conjunction with
     intercept is applied. Universe of        implementation of the
     first full and partial payments from     consolidated UI PERFORMS
     ETA 9050 report. One aggregate measure   regulation:
     including intrastate and interstate     1. 90 percent within 14/21
     for State UI, UCFE, and UCX.             days.
                                             2. 95 percent within 35 days.
    ------------------------------------------------------------------------
    
        The PEG balanced the positive impact of new technologies, such as 
    telephone certification, on first payment time lapse, against 
    countervailing factors such as alternative base year legislation. The 
    consensus was to use the existing Secretary's Standards criteria (87 
    percent timely for 14/21 days and 93 percent timely for 35 days) for 
    intrastate UI first payments and apply them to a combined first payment 
    measure (intrastate UI + interstate UI + UCFE + UCX). Based on calendar 
    year (CY) 1997 data, which are available for 51 of the 53 agencies, 49 
    States meet both the 14/21-day and 35-day proposed criteria, and the 
    performance of two States is within five percentage points of both of 
    the proposed criteria.
        In concert with the incorporation of the regulation defining the 
    current criteria (20 CFR 640) into the single UI PERFORMS regulation, 
    the percentages will be raised to 90 percent within 14/
    
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    21 days and 95 percent within 35 days. It is anticipated that the 
    revised criteria will be effective with the FY 2002 SQSP. Current data 
    suggest that most States could reasonably be expected to meet the 
    higher standards.
        In addition, the PEG agreed that it is necessary to maintain a 
    monitoring mechanism for the first payment promptness of the individual 
    programs included in the aggregate Tier I measure--UI intrastate, UI 
    interstate, UCFE, and UCX--by including separate measures for each 
    program in Tier II. Data collected in the ETA 9050 report will be used 
    to monitor 14/21-day and 35-day first payment promptness for these 
    programs. A complete list of Tier II measures is provided in Appendix 
    C.
    
    Nonmonetary Determinations Timeliness
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Number of days elapsed from date of      1. 80 percent of separation
     detection of any issue potentially       determinations within 21 days.
     affecting the claimant's benefit        2. 80 percent of nonseparation
     rights to date of the determination.     determinations within 14 days.
     Measure includes intrastate and         (Implementation postponed until
     interstate for State UI, UCFE, and UCX   FY 2002 SQSP.)
     (ETA 9052 report).
    ------------------------------------------------------------------------
    
        The PEG took into consideration the significant changes in the way 
    nonmonetary timeliness data are collected. Time lapse is measured from 
    date of detection to date of determination; universe data, not sample 
    data, are reported; and separations include issues arising from both 
    new and additional initial claims. The PEG agreed that in order to 
    assure an acceptable level of customer service, the criteria should be 
    set at levels no lower than 80 percent of separation determinations 
    made within 21 days of the detection date and 80 percent of 
    nonseparation determinations made within 14 days from the date of 
    detection.
        Because the majority of States are performing below the proposed 
    minimum criteria, the PEG postponed their implementation until the FY 
    2002 SQSP. Until the implementation of these criteria, States may be 
    required to develop or revise transition plans to raise performance, 
    but will not be subject to any sanctions initiated by the Department of 
    Labor.
        The Department of Labor, in consultation and cooperation with the 
    States, will analyze the nonmonetary timeliness data in order to 
    identify the causes of performance that is below the minimum levels. 
    The results of this analysis and State performance data collected in 
    the ETA 9052 report will be used to review the minimum performance 
    criteria after two years.
        Although States have adopted new technologies and procedures that 
    have significantly reduced differences in the adjudicatory processes 
    for intrastate and interstate claims, the PEG agreed that measures for 
    both intrastate and interstate separation determinations (21 days), and 
    intrastate and interstate nonseparation determinations (14 days) should 
    be established under Tier II to monitor performance for these 
    components of the aggregate Tier I measure.
    
    Nonmonetary Determination Quality
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Application of Quality Performance       75 percent of all
     Instrument to quarterly samples of       determinations with passing
     nonmonetary determinations selected      scores (> 80 points)--all
     from the universe of determinations      programs, separation and
     reported on ETA 9052 (time lapse)        nonseparation combined.
     report; quality scores reported on ETA  (Implementation postponed until
     9056 report.                             FY 2002 SQSP.)
    ------------------------------------------------------------------------
    
        In setting minimum performance levels for this measure, the PEG 
    took into consideration the changes in the way in which nonmonetary 
    adjudication quality data are collected: quarterly samples, versus 
    annual samples, are selected from universes that include all 
    adjudications, not only determinations for which a week was claimed. 
    The PEG decided that in order to assure an acceptable minimum level of 
    customer service and take into account the administrative feasibility 
    of meeting the criterion (face validity), the criterion should be set 
    no lower than 75 percent of the separation and nonseparation 
    determinations receiving a score of more than 80 points, based on the 
    weighted aggregate scores from four quarterly samples.
        However, because the majority of States are performing below the 
    proposed minimum criterion, the PEG postponed its implementation until 
    the FY 2002 SQSP. Until the implementation of this criterion, States 
    may be required to develop or revise transition plans to raise 
    performance, but will not be subject to any sanctions initiated by the 
    Department of Labor.
        The Department of Labor, in consultation and cooperation with the 
    States, will analyze the nonmonetary quality data in order to identify 
    the causes of performance that is below the minimum levels. The results 
    of this analysis and State performance data collected in the ETA 9056 
    report will be used to review the minimum performance criterion after 
    two years.
    
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    Lower Authority Appeals Timeliness
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Number of days from date of request for  1. 60 percent of decisions
     hearing to date of decision (ETA 9054    within 30 days.
     report); includes State UI, UCFE, and   2. 80% of decisions within 45
     UCX, intrastate and interstate.          days; increase to 85% of
                                              decisions within 45 days in
                                              conjunction with
                                              implementation of the
                                              consolidated UI PERFORMS
                                              regulation.
                                             3. 95% of decisions within 75
                                              days.
    ------------------------------------------------------------------------
    
        The PEG decided that the first criterion of 60 percent in 30 days 
    is adequate and should remain the same. The current Secretary's 
    Standard criterion of 80 percent of the decisions within 45 days will 
    remain the minimum criterion for the FY 2000 and FY 2001 planning 
    cycles. In concert with the incorporation of the regulation defining 
    the current criteria (20 CFR part 650) into the single UI PERFORMS 
    regulation, the criterion will be raised to 85 percent, effective with 
    the FY 2002 SQSP. This will help ensure that a greater percentage of 
    the cases are disposed of as efficiently as possible, that cases are 
    not allowed to accumulate for long periods of time, and that parties to 
    an appeal receive a hearing and decision in a reasonable amount of 
    time.
        The PEG established a third criterion of 95 percent within 75 days 
    to provide an impetus for States to reduce the time taken to address 
    cases that have not been decided within 45 days.
    
    Higher Authority Appeals Timeliness
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Number of days from date of request for  1. 50 percent of decisions
     hearing to date of decision (ETA 9054    within 45 days.
     report); includes State UI, UCFE, and   2. 80 percent of decisions
     UCX, intrastate and interstate.          within 75 days.
                                             3. 95 percent of decisions
                                              within 120 days.
    ------------------------------------------------------------------------
    
        To encourage improved performance, the PEG increased the 45-day 
    timeliness criterion from 40 percent to 50 percent. Forty percent does 
    not reflect an adequate level of customer service, and most States far 
    exceed the 40 percent level. Based on CY 1997 data, only a few States 
    would not meet a 50 percent standard.
        The 75-day timeliness standard remains the same at 80 percent, and 
    a third criterion of 95 percent in 120 days is established. The third 
    criterion is important because there should remain some incentive for 
    States to decide cases over 75 days, and there should be some 
    accountability for older cases. Simply because a case is over the 75-
    day limit, it should not receive less consideration than a newer case. 
    The absence of a third level can create an incentive for a State to 
    take care of its new cases, thereby improving its overall reported 
    performance, rather than attending to older cases.
    
    Lower Authority Appeals Quality
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Quality of lower authority benefit       80 percent of all benefit
     appeals based on application of a        appeals with combined scores
     standard review instrument to            equal to at least 85% of
     quarterly samples of appeals (ETA 9057   potential points.
     report).
    ------------------------------------------------------------------------
    
        The PEG agreed to change the criterion from 80 percent of cases 
    scoring 80 percent or more of the potential evaluation points to 80 
    percent of cases scoring 85 percent or more of the potential evaluation 
    points.
        This criterion is intended to make sure that both States and 
    individual Hearing Officers provide a quality product. A quality 
    product is one where, in the view of the State's customers and the 
    various review bodies, the customer is receiving a considered, due-
    process product, both when attending the hearing and when reading the 
    decision. This standard reflects the goals of UI PERFORMS by seeking to 
    raise the individual Hearing Officer's scores, while maintaining a high 
    level of performance for the State.
    
    Timeliness of New Status Determinations
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Number of days from last day of the      1. 60 percent of determinations
     quarter (Quarter Ending Date--QED) in    made within 90 days of QED.
     which liability occurred to date of     2. 80 percent of determinations
     determination (ETA 581 report).          made within 180 days of QED.
    ------------------------------------------------------------------------
    
        The old measure combined performance for both new and successor 
    employers, and the desired level of achievement was 80 percent of 
    determinations made within 180 days from the date of liability. The new 
    180-day measure applies to status determinations for new employers. 
    Timeliness is measured from the ending
    
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    date of the quarter in which liability was incurred and is based on 
    universe data, as opposed to sample data. The PEG set the minimum 
    performance criterion at 80 percent of new employer status 
    determinations completed within 180 days of the QED.
        For the new 90-day measure, the PEG set a criterion of 60 percent 
    of new employer status determinations completed within 90 days of the 
    QED. This standard balances State performance against maintaining an 
    acceptable level of customer service. In CY 1997, only four States 
    would have failed to meet the criterion of 60 percent, with scores of 
    57.9%, 51.8%, 50.9%, and 40.5%.
    
    New Status Determinations Accuracy
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Accuracy of new status determinations    No more than six cases from an
     from an annual tax performance           acceptance sample of 60 cases
     acceptance sample drawn from all new     can fail the evaluation.
     status determinations..                 New standard implies:
                                             1. At least 95 percent of the
                                              samples will pass if State
                                              accuracy rate is 
                                              94.5%.
                                             2. At least 90 percent of the
                                              samples will fail if State
                                              accuracy rate is 
                                              82.4%.
                                             (Implementation postponed until
                                              FY 2002 SQSP.)
    ------------------------------------------------------------------------
    
        The PEG believes the current standard, that no more than two of the 
    60 sample cases can fail the evaluation and still pass the acceptance 
    sample, is too rigid. New Status Determinations Accuracy data for CY 
    1996 shows that 24 of the 46 States reporting data failed. In CY 1997, 
    22 of the 47 States reporting data failed.
        Acceptance sample results are affected to some extent by the 
    subjectivity of the reviewer, which can vary from State to State. If 
    there are ten evaluative areas in the case, with a review of 60 cases, 
    there are actually 600 evaluative questions. A failure in any one of 
    the ten evaluative areas fails the case. Under the current criterion, 
    if more than two cases in the SESA's sample fails, the entire 
    acceptance sample fails. States can actually have good tax measures but 
    appear to have failing programs based on the acceptance sample results.
        One of the purposes of the performance measures is to provide 
    information to SESA managers on the quality of the tax functions within 
    their State so they can strive to improve processes where warranted. 
    Setting the standard at six or fewer failed cases enables States to 
    accomplish this goal and takes into account the subjectivity of the 
    review from State to State.
        Because many States do not meet the current standard, the PEG 
    postponed the implementation of the revised minimum performance levels 
    until the FY 2002 SQSP. Until the implementation of these criteria, 
    States may be required to develop or revise transition plans to raise 
    performance, but will not be subject to any sanctions initiated by the 
    Department of Labor.
        The Department of Labor, in consultation and cooperation with the 
    States, will analyze the new status determinations accuracy data in 
    order to identify the causes of performance that is below the minimum 
    levels and identify ways to reduce variation in the application of the 
    accuracy evaluation. The results of this analysis and State acceptance 
    sample data will be used to review the minimum performance criteria 
    after two years.
    
    Timeliness of Transfer from Clearing Account to Trust Fund
    
    ------------------------------------------------------------------------
                   Definition                      Recommended criteria
    ------------------------------------------------------------------------
    Effective for the FY 2000 and FY 2001    Maximum of two days to transfer
     SQSP: Average number of days funds are   funds from the State clearing
     on deposit in the Clearing Account       account to the UI trust fund
     before transfer to Trust Fund (8414      for two years until reporting
     report).                                 consistency issues are
                                              resolved.
    Effective with the FY 2002 SQSP: Ratio   Maintenance of an annual ratio
     of the monthly average daily available   1.75.
     balance (line 10, ETA 8414 report) to   After 5 years, maintenance of
     the average daily transfer to the        an annual ratio 1.0.
     divided by the number of days in the
     month).
    ------------------------------------------------------------------------
    
        The current measure--the number of days funds are on deposit in the 
    clearing account before transfer to the State account in the 
    Unemployment Trust Fund (UTF)--is over fifteen years old. Substantial 
    changes in banking law (especially deregulation and Federal Reserve 
    policy--e.g. elimination of float in the banking system) and technology 
    have combined to make the current criterion obsolete. More expeditious 
    check clearing, the proliferation of electronic payments, and the 
    growth of check clearinghouses independent of the Federal Reserve 
    system all work to expedite cash flow.
        The purpose of the immediate deposit requirements (Section 
    3304(a)(3), FUTA and Section 303(a)(4), SSA) is to ensure that 
    unemployment funds are deposited to the credit of the State account in 
    the UTF as soon as possible. The UTF offers greater safety and a higher 
    historical return than State bank accounts, while providing similar 
    liquidity. The law is also concerned about the loss of interest to the 
    UTF from delays in transfer.
        A better focus of State compliance with the immediate deposit 
    requirement is the actual transfer of funds from the clearing account 
    to the UTF rather than the amount of time funds remain in the clearing 
    account before transfer. A time-based measure is arbitrary because 
    checks clear at different rates between States and banks. The proposed 
    balance ratio eliminates the arbitrary factors because it measures only 
    available balances, that is, funds available after checks have cleared 
    and reserve requirements have been met.
    
    [[Page 63549]]
    
        Some consistency issues have been identified in the data reported 
    in the ETA 8414 and ETA 8405 reports. Because the proposed ratio is 
    based on these data, the PEG agreed that the current desired level of 
    achievement of a maximum of two days to transfer funds from the State 
    clearing account to the UI trust fund should be maintained for a period 
    of two years, during which States and the Department of Labor will 
    resolve the reporting issues.
    
    Performance Assessment
    
        a. Continuous Assessment. In a continuous improvement environment, 
    both the Federal partner and the SESA will routinely access performance 
    data to monitor program performance and initiate corrective action 
    whenever it appears to be warranted. Therefore, under UI PERFORMS, the 
    SESAs will develop Corrective Action Plans (CAPs) alone, or in 
    collaboration with their Regional Office, whenever a serious 
    performance issue is detected based on cumulative performance data. 
    CAPs will also result from Program Reviews conducted during the year by 
    the Federal partner.
        b. Annual Assessment. Continuous assessment will be augmented with 
    an annual assessment of program performance which will occur in 
    conjunction with the SQSP process, and will form the basis for 
    performance improvement planning for the upcoming SQSP. This assessment 
    will utilize the most recent 12 months of performance data that are 
    available. For data reported monthly, the reporting period will include 
    the 12 months ending June 30 of each year; for data reported each 
    quarter, the four quarters ending with the second calendar quarter; and 
    for data reported annually, the calendar year ending December 31.
        Because of the lag that must be built into this process, it is 
    possible that more current data will show that a performance problem 
    may have already been corrected. In that case, the State and the Region 
    will need to reference that more current information.
        c. SESA/Regional Negotiation. Identification of the specific areas 
    for which Program Improvement Plans will be submitted in the SQSP will 
    be finalized through negotiations between the SESAs and the Regional 
    Office. For mandated Tier I, program review, or program reporting 
    performance areas, a CAP will be prepared if performance is 
    unsatisfactory and an effective plan is not already in place. For Tier 
    II areas of negotiated performance (or Tier I above the minimum 
    performance level), a Continuous Improvement Plan (CIP) will be 
    prepared to reflect that negotiation.
    
    Solicitation of Comments and Issuance
    
        Unemployment Insurance Program Letter 4-99 (October 20, 1998) 
    described the recommended criteria, their rationale, and phase-in 
    schedule and solicited the comments of State Employment Security 
    Administrators. The criteria were also discussed in workshops that were 
    held at the UI Directors' meeting in Coeur D'Alene, Idaho, October 20-
    22, 1998. The workshops included not only the presentation of the 
    proposed levels and their rationale, but also questions and discussion.
        After all comments have been assimilated and the criteria modified 
    as appropriate, the new minimum performance criteria will be 
    promulgated via a UIPL, anticipated in early calendar year 1999.
    
    Appendices
    
        The members of the Performance Criteria Workgroups are in Appendix 
    A; the members of the Performance Enhancement Group are in Appendix B; 
    UI PERFORMS Tier II Measures are in Appendix C.
    
        Signed at Washington, D.C., on November 6, 1998.
    Raymond L. Bramucci,
    Assistant Secretary of Labor for Employment and Training.
    
    Appendix A--Performance Criteria Workgroups
    
    National Office Coordination and Technical Assistance
    
    Andrew Spisak
    Burman Skrable
    Tom Stengle
    
    Benefits Group
    
    Barbara Chandler, Ohio Bureau of Employment Services
    Terry Clark, National Office
    Walter Harris, New York Regional Office
    William McGann, New Jersey Department of Labor
    Bob Whiting, National Office
    
    Appeals Group
    
    Jack Bright, National Office
    Dan Kassner, Alaska Department of Labor
    Robert P. McWilliams, Kentucky UI Commission
    Pat O'Neal, Seattle Regional Office
    Hazel Warnick, National Association of UI Appellate Boards
    Sonja Weisgerber, Kansas Department of Human Resources
    
    Tax and Cash Management Group
    
    Connie Carter, Atlanta Regional Office
    Cindy Guthrie, Missouri Division of Employment Security
    Connie Peterkin, National Office
    Wendy Tyson, Wyoming Department of Employment
    
    Appendix B--Performance Enhancement Group
    
    Grace A. Kilbane, Director, Unemployment Insurance Service, U.S. 
    Department of Labor
    Dale Ziegler, Assistant Commissioner, Unemployment Insurance 
    Division, Washington Employment Security Department
    Alice Carrier, Director, Operational Support, Connecticut State 
    Labor Department
    Donald Peitersen, Director, Office of Unemployment Insurance, 
    Colorado Department of Labor & Employment
    Dave Murrie, Deputy Administrator, Oklahoma Employment Security 
    Commission
    Gay Gilbert, Deputy Administrator, Ohio Bureau of Employment 
    Services
    Reynel (Renny) Dohse, Bureau Chief of Job Insurance, Iowa Workforce 
    Development
    David Henson, Director, Office of Regional Management, ETA, U.S. 
    Department of Labor
    Cheryl Atkinson, Deputy Director, Unemployment Insurance Service, 
    U.S. Department of Labor
    Ed Strong, Regional Administrator for Employment and Training, 
    Philadelphia Regional Office, U.S. Department of Labor
    Robert Kenyon, Regional Director for Unemployment Insurance, Dallas 
    Regional Office, U.S. Department of Labor
    Dianna Milhollin, Director, Unemployment Insurance Division, Atlanta 
    Regional Office, U.S. Department of Labor
    Betty Castillo, Chief, Division of Program Development and 
    Implementation, Unemployment Insurance Service, U.S. Department of 
    Labor
    Sandra King, Chief, Division of Performance Review, Unemployment 
    Insurance Service, U.S. Department of Labor
    
    Appendix C--UI Performs Tier II Measures
    
    1. Workshare First Payments Timeliness
    2. Continued Weeks Payments Timeliness
    3. Nonmonetary Issue Detection Timeliness
    4. Workshare Continued Weeks Payment Timeliness
    5. Nonmonetary Determinations Implementation Timeliness
    6. Implementation of Appeals Decision Timeliness
    7. Employer Tax Appeal Timeliness
    8. Combined Wage Claim Wage Transfer Timeliness
    9. Combined Wage Claim Billing Timeliness
    10. Combined Wage Claim Reimbursements Timeliness
    11. Wage /Tax Report Filing Timeliness
    12. Securing Delinquent Reports Timeliness
    13. Resolving Delinquent Reports Timeliness
    14. Contributions Payments Timeliness
    15. Lower Authority Appeals Due Process Quality
    16. Higher Authority Appeals Quality--[to be developed]
    17. Employer Tax Appeals Quality--[to be developed]
    18. Posting Contributions Accuracy
    19. Delinquent Reports Resolution Quality
    
    [[Page 63550]]
    
    20. Collection Actions Quality
    21. Field Audits Quality
    22. Employer Accounts Posting Accuracy
    23. Employer Billings Accuracy
    24. Employer Credits/Refunds Accuracy
    25. Benefit Charging Accuracy
    26. Experience Rating Accuracy
    27. Benefit Payment Accuracy
    28. Lower Authority Appeals, Case Aging
    29. Higher Authority Appeals, Case Aging
    30. Turnover of Receivables Liquidated or Written
    31. Writeoff of Receivables
    32. Assessment of Receivables to Taxes Due
    33. Audit Penetration, Employers
    34. Audit Penetration, Wages
    35. Audit Targeting, Percent Change in Annual Total Wages
    36. Trust Fund Solvency
    37. Timeliness of Deposit to the Clearing Account
    38. Timeliness of Intrastate UI First Payments
    39. Timeliness of Interstate UI First Payments
    40. Timeliness of UCFE First Payments
    41. Timeliness of UCX First Payments
    42. Timeliness of Intrastate Separation Determinations
    43. Timeliness of Intrastate Nonseparation Determinations
    44. Timeliness of Interstate Separation Determinations
    45. Timeliness of Interstate Nonseparation Determinations
    
    [FR Doc. 98-30366 Filed 11-12-98; 8:45 am]
    BILLING CODE 4510-30-U
    
    
    

Document Information

Published:
11/13/1998
Department:
Employment and Training Administration
Entry Type:
Notice
Action:
Notice and opportunity to comment on proposed minimum performance criteria for UI PERFORMS Tier I measures.
Document Number:
98-30366
Dates:
Written comments must be received by the close of business January 12, 1999.
Pages:
63544-63550 (7 pages)
PDF File:
98-30366.pdf