New York State Workforce Development System New York State
Technical Advisory
 
May 17, 2005
Workforce Development System Technical Advisory #05-8
 
TO: Chairpersons of Local Workforce Investment Boards
Chief Elected Officials
WIA Grant Recipients
WIA Fiscal Agents
WIA Local Area Contact Persons
SUBJECT:Workforce Investment Act (WIA) Title IB Adult and Dislocated Worker Transfer Requests and Administration to Program Funds Transfer Requests
Purpose:To notify the Local Workforce Investment Areas of the transfer authority for WIA Adult and Dislocated Worker funds, Administration funds and originating Program funds, and to provide the Department of Labor’s policies and procedures for requesting such transfers

Effective July 1, 2005, this Technical Advisory supersedes the previous Transfer Request TA: Technical Advisory 04-7, dated May 24, 2004.

Background:The Workforce Investment Act Final Rules, Section 667.140, grant Local Workforce Investment Boards (LWIBs) the authority to transfer up to twenty percent (20%) of a program year allocation between Adult and Dislocated Worker Employment and Training Programs upon approval of the Governor. The FY 2005 Omnibus bill signed by President Bush sustains the 2004 Omnibus bill level of transfer authority at thirty percent (30%) and is effective July 1, 2005 for PY 2005 only, to provide the LWIAs with greater flexibility to manage and meet local workforce needs. This transfer authority does not apply to the Youth Program funds.

The Workforce Investment Act Final Rules, Section 667.210(a)(2) grant Local Workforce Areas the authority to expend no more than ten percent (10%) of the amount allocated to a Local Area under Sections 128(b) and 133(b) of the Act on Administrative purposes.

As of July 1, 2005 any request to transfer funds from previous program years will not be processed.

Guidelines:Guidelines for transferring funds have been established as follows:

  1. All transfer requests must be submitted to the Office of Contract Review and Expenditure Control (OCREC) no later than the end of the first year of the availability period of the Program Year - e.g., PY 05 transfers must be requested by June 30, 2006. A form for requesting a transfer of funds and directions for form submittal are available on the Workforce Development website, http://www.workforcenewyork.org under “Information”, “Forms”.

  2. Funds retain their year-of-appropriation identity and must be tracked, accounted for, and reported accordingly.

  3. When transferring between Title 1B Adult and Dislocated Worker funds:

    The transfer amounts are based on Local Workforce Investment Area allocations including any supplemental allocations not specifically excluded when awarded.

  4. When transferring funds from Administration back to the originating Program Funds:

    The transfer amount is that portion of the administration funds being transferred back to its original program fund. No more than the original ten percent (10%) designated as Administration when the funds were awarded can be returned to Program funds. For example, if the Program Fund allocation (in this case, Adult) is $100,000, then $90,000 must be used for Program activities and no more than $10,000 may be used for program Administration. The transfer authority allows that no more than the original $10,000 may be transferred from Administration funds back to Adult Program funds.

Action:LWIAs opting to transfer funds in accordance with this Technical Advisory should complete the appropriate transfer request form on the Workforce Development website. Directions for completing the forms and e-mailing to OCREC may be found at the bottom of the web page. A copy of each form is attached for your reference.
Attachments: A. WIA Title IB Adult and Dislocated Worker Transfer Request
B. WIA Administration to Program Funds Transfer Request