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State Plan Page on Reporting to the State Directory of New Hires

AT-11-11

Published: December 6, 2011
Information About:
State/Local Child Support Agencies
Topics:
Employer Responsibilities, New Hire Reporting, Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

ACTION TRANSMITTAL

AT-11-11

DATE: December 6, 2011

ATTACHMENT: State plan preprint page 3.15

TO: State Agencies Administering Child Support Enforcement Plans Under Title IV-D of the Social Security Act and Other Interested Individuals

SUBJECT: Submission of State Plan Page to Indicate Compliance with the Federal Requirement for Employers to Report Required Elements to the State Directory of New Hires

BACKGROUND: On October 21, 2011, President Obama signed the Trade Adjustment Assistance Extension Act of 2011 (Public Law 112-40), which amends section 453A(a)(2) of the Social Security Act.

The law amends section 453A of the Social Security Act, effective April 21, 2012, as follows:

(a) Definition of Newly Hired Employee- Section 453A(a)(2) of the Social Security Act (42 U.S.C. 653a(a)(2)) is amended by adding at the end the following:

(C) NEWLY HIRED EMPLOYEE- The term “newly hired employee” means an employee who—

(i) has not previously been employed by the employer; or

(ii) was previously employed by the employer but has been separated from such prior employment for at least 60 consecutive days.

(b) Effective Date-

(1) IN GENERAL- Subject to paragraph (2), the amendments made by this section shall take effect 6 months after the date of the enactment of this Act.

(2) COMPLIANCE TRANSITION PERIOD- If the Secretary of Health and Human Services determines that State legislation (other than legislation appropriating funds) is required in order for a State plan under part D of title IV of the Social Security Act to meet the additional requirement imposed by the amendment made by subsection (a), the plan shall not be regarded as failing to meet such requirement before the first day of the second calendar quarter beginning after the close of the first regular session of the State legislature that begins after the effective date of such amendment. If the State has a 2-year legislative session, each year of the session is deemed to be a separate regular session of the State legislature.

ACTION REQUIRED: A state must submit this page by June 30, 2012 unless state legislation is necessary. If additional state legislation is required, in order for the state’s Title IV-D plan to remain in compliance, the state must enact the needed legislation by the first day of the second calendar quarter beginning after the close of the first regular session of the state legislature that begins after the effective date of these amendments. If the state has a 2-year legislative session, each year of the session is considered a separate regular session of the state legislature.

As we indicated in AT-97-04, question and answer #11, “Section 454(28) [of the Social Security Act (the Act)], as added by section 313(a)(3) of PRWORA, requires that the State plan provide for the operation of a new hire directory, but there is no specific State law requirement under section 466. The State would simply need to ensure that its procedures comply with the Federal mandate. Each State must assess for itself whether a law is needed to implement a new hire program (for example, a law to specify the reporting frequency, establish the civil penalty, or designate the particular agency to conduct information comparisons). Under section 453A(b), employers are directly required to comply with the reporting requirements, so a State law requiring them to do so may not be necessary.”

REFERENCES: AT-11-04, AT-97-12, AT-97-04

EFFECTIVE DATE: April 21, 2012

INQUIRIES TO: ACF/OCSE Regional Program Managers

Sincerely,

Vicki Turetsky
Commissioner
Office of Child Support Enforcement

cc: Tribal IV-D Directors