Workforce Investment Act; Lower Living Standard Income Level

DEPARTMENT OF LABOR

Employment and Training Administration

Workforce Investment Act; Lower Living Standard Income Level

AGENCY:

Employment and Training Administration, Labor.

ACTION:

Notice of Determination of Lower Living Standard Income Level.

SUMMARY:

Under Title I of the Workforce Investment Act (WIA) of 1998 (Pub. L. 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL) for uses described in the law. WIA defines the term “Low Income Individual” as one who qualifies under various criteria, including an individual who received income for a six-month period that does not exceed the higher level of the poverty line or 70 percent of the LLSIL. This issuance provides the Secretary's annual LLSIL for 2009 and references the current 2009 Health and Human Services “Poverty Guidelines.”

DATES:

Effective Date:

This notice is effective on the date of publication in the

Federal Register

.

ADDRESSES:

Send written comments to: Mr. Samuel Wright, Department of Labor, Employment and Training Administration, 200 Constitution Avenue, NW., Room C-4510, Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Please contact Mr. Samuel Wright, Telephone (202) 693-2870; Fax (202) 693-3015 (these are not toll free numbers).

SUPPLEMENTARY INFORMATION:

It is the purpose of the Workforce Investment Act of 1998 “to provide workforce investment activities, through statewide and local workforce investment systems, that increase the employment, retention, and earnings of participants, and increase occupational skill attainment by participants, and as a result, improve the quality of the workforce, reduce welfare dependency, and enhance the productivity and competitiveness of the Nation.”

The LLSIL is used for several purposes under WIA. Specifically, WIA Section 101(25) defines the term “low income individual” for eligibility purposes, and Sections 127(b)(2)(C) and 132(b)(1)(B)(v)(IV) define the terms “disadvantaged youth” and “disadvantaged adult” in terms of the poverty line or LLSIL for state formula allotments. The Governor and state/local workforce investment boards (WIBs) use the LLSIL for determining eligibility for youth, eligibility for employed adult workers for certain services and for the Work Opportunity Tax Credit (WOTC). We encourage the Governors and state/local WIBs to consult WIA regulations and the preamble to the WIA Final Rule (published at 65 FR 49294 August 11, 2000) for more specific guidance in applying the LLSIL to program requirements. The Department of Health and Human Services (HHS) published the annual 2009 update of the poverty-level guidelines in the

Federal Register

, Vol. 74, No. 14, January 23, 2009, pp. 4199-4201. The HHS 2009 Poverty guidelines may also be found on the Internet at:

http://aspe.hhs.gov/poverty/09fedreg.pdf.

ETA plans to have the 2009 LLSIL available on its Web site at [

http://www.doleta.gov/llsil/2009/

].

WIA Section 101(24) defines the LLSIL as “that income level (adjusted for regional, metropolitan, urban and rural differences and family size) determined annually by the Secretary [of Labor] based on the most recent lower living family budget issued by the Secretary.” The most recent lower living family budget was issued by the Secretary in the fall of 1981. The four-person urban family budget estimates, previously published by the Bureau of Labor Statistics (BLS), provided the basis for the Secretary to determine the LLSIL. BLS terminated the four-person family budget series in 1982, after publication of the fall 1981 estimates. Currently, BLS provides data to ETA through which ETA develops the LLSIL tables, as provided in the Appendices.

ETA published the 2008 updates to the LLSIL in the

Federal Register

of April 25, 2008, at 73 FR 22435 and the corrections to tables 4 and 5 in the

Federal Register

of June 10, 2008, at 73 FR 32740. These notices again updates the LLSIL to reflect cost of living increases for 2008, by applying the percentage change in the most recent 2008 Consumer Price Index for All Urban Consumers (CPI-U) for an area, compared with the 2007 CPI-U to each

of the April 25, 2008 LLSIL figures. Those updated figures for a family-of-four are listed in Appendix A, Table 1, by region for both metropolitan and non-metropolitan areas. This year the LLSIL figures for some areas have decreased because the over-the-year change in CPI-U was negative due to the economic downturn. Figures in all of the accompanying tables, in the Appendices, are rounded up to the nearest dollar. Since low income individuals, “disadvantaged adult” and “disadvantaged youth” may be determined by family income at 70 percent of the LLSIL, pursuant to WIA Sections 101(25), 127(b)(2)(C), and 132(b)(1)(B)(v)(IV), respectively, those figures are listed as well.

Jurisdictions included in the various regions, based generally on Census Divisions of the U.S. Department of Commerce, are as follows:

Northeast

Connecticut,

Maine,

Massachusetts,

New Hampshire,

New Jersey,

New York,

Pennsylvania,

Rhode Island,

Vermont,

Virgin Islands.

Midwest

Illinois,

Indiana,

Iowa,

Kansas,

Michigan,

Minnesota,

Missouri,

Nebraska,

North Dakota,

Ohio,

South Dakota,

Wisconsin.

South

Alabama,

American Samoa,

Arkansas,

Delaware,

District of Columbia,

Florida,

Georgia,

Northern Marianas,

Oklahoma,

Palau,

Puerto Rico,

South Carolina,

Kentucky,

Louisiana,

Marshall Islands,

Maryland,

Micronesia,

Mississippi,

North Carolina,

Tennessee,

Texas,

Virginia,

West Virginia.

West

Arizona,

California,

Colorado,

Idaho,

Montana,

Nevada,

New Mexico,

Oregon,

Utah,

Washington,

Wyoming.

Additionally, separate figures have been provided for Alaska, Hawaii, and Guam as indicated in Appendix B, Table 2.

For Alaska, Hawaii, and Guam, the year 2008 figures were updated from the April 2008 “State Index” based on the ratio of the urban change in the state (using Anchorage for Alaska and Honolulu for Hawaii and Guam) compared to the West regional metropolitan change, and then applying that index to the West regional metropolitan change.

Data on 23 selected MSAs are also available. These are based on semiannual CPI-U changes for a 12-month period ending in June 2008. The updated LLSIL figures for these MSAs and 70 percent of the LLSIL are reported in Appendix C, Table 3.

Appendix D, Table 4 lists each of the various figures at 70 percent of the updated 2008 LLSIL for family sizes of one to six persons. Because tables 1-3 only list the LLSIL for a family of four, table 4 can be used to determine the LLSIL for families of one to six persons. For families larger than six persons, an amount equal to the difference between the six-person and the five-person family income levels should be added to the six-person family income level for each additional person in the family. Where the poverty level for a particular family size is greater than the corresponding LLSIL figure, the figure is indicated in parentheses. A modified Excel version of Appendix D, Table 4, with the area names, will be available on the Department of Labor, Employment and Training Administration LLSIL Webpage at [

http://www.doleta.gov/llsil/2009/

]. Appendix E, Table 5, indicates 100 percent of LLSIL for family sizes of one to six and is used to determine self-sufficiency as noted at 20 CFR 663.230 of the WIA regulations and WIA Section 134(d)(3)(A)(ii).

Use of These Data

Governors should designate the appropriate LLSILs for use within the state from Appendices A, B, and C, containing Tables 1 through 3. Appendices D and E, which contain Tables 4 and 5, may be used with any LLSIL designated. The Governor's designation may be provided by disseminating information on MSAs and metropolitan and non-metropolitan areas within the state or it may involve further calculations. For example, the State of New Jersey may have four or more LLSIL figures for Northeast metropolitan, Northeast non-metropolitan, portions of the state in the New York City MSA, and those in the Philadelphia MSA. If a workforce investment area includes areas that would be covered by more than one figure, the Governor may determine which is to be used.

Under 20 CFR 661.110, a state's policies and measures for the workforce investment system shall be accepted by the Secretary to the extent that they are consistent with the WIA and the WIA regulations.

Disclaimer on Statistical Uses

It should be noted, the publication of these figures is only for the purpose of meeting the requirements specified by WIA as defined in the law and regulations. BLS has not revised the lower living family budget since 1981, and has no plans to do so. The four-person urban family budget estimates series has been terminated. The CPI-U adjustments used to update the LLSIL for this publication are not precisely comparable, most notably because certain tax items were included in the 1981 LLSIL, but are not in the CPI-U. Thus, these figures should not be used for any statistical purposes, and are valid only for those purposes under WIA as defined in the law and regulations.

Lower Living Standard Income Level for 2009

Under Title I of the Workforce Investment Act of 1998 (Public Law 105-220), the Secretary of Labor annually determines the Lower Living Standard Income Level (LLSIL). This Notice announces the LLSIL Tables for 2009. WIA requires the Department of Labor to update and publish the LLSIL tables annually. The LLSIL tables are used for several purposes under WIA, including determining eligibility for youth and for the Work Opportunity Tax Credit.

Signed at Washington, DC, this 16th day of March 2009.

Douglas F. Small,

Deputy Assistant Secretary.

Appendix A

Table 1—Lower Living Standard Income Level

(For a family of four persons) by Region

1

Region

2

2009 Adjusted LLSIL

70 percent LLSIL

Northeast

Metro

$37,703

$26,392

Non-Metro

3

36,086

25,260

Midwest

Metro

33,198

23,239

Non-Metro

31,817

22,272

South

Metro

32,143

22,500

Non-Metro

30,986

21,690

West

Metro

36,664

25,665

Non-Metro

4

35,126

24,588

1

For ease of use, these figures are rounded to the next highest dollar.

2

Metropolitan area measures were calculated from the weighted average CPI-Us for city size classes A and B/C. Non-metropolitan area measures were calculated from the CPI-Us for city size class D.

3

Non-metropolitan area percent changes for the Northeast region are no longer available. The Non-metropolitan percent change was calculated using the U.S. average CPI-U for city size class D.

4

Non-metropolitan area percent changes for the West region are unpublished data.

Appendix B

Table 2—Lower Living Standard Income Level

(For a family of four persons)—Alaska, Hawaii and Guam

1

Region

2009 Adjusted LLSIL

70 percent LLSIL

Alaska

Metro

$44,250

$30,975

Non-Metro

2

44,073

30,851

Hawaii, Guam

Metro

47,622

33,335

Non-Metro

2

47,051

32,936

1

For ease of use, these figures are rounded to the next highest dollar.

2

Non-Metropolitan percent changes for Alaska, Hawaii and Guam were calculated from the CPI-Us for city size class D in the Western Region.

Appendix C

Table 3—Lower Living Standard Income Level

(For a family of four persons) 23 MSAs

1

Metropolitan Statistical Areas (MSAs)

2009 Adjusted LLSIL

70 percent LLSIL

Anchorage, AK

$45,356

$31,749

Atlanta, GA

30,799

21,559

Boston—Brockton—Nashua, MA/NH/ME/CT

41,150

28,805

Chicago—Gary—Kenosha, IL/IN/WI

34,947

24,463

Cincinnati—Hamilton, OH/KY/IN

33,753

23,627

Cleveland—Akron, OH

34,542

24,179

Dallas—Ft. Worth, TX

31,333

21,933

Denver—Boulder—Greeley, CO

35,307

24,715

Detroit—Ann Arbor—Flint, MI

31,957

22,370

Honolulu, HI

48,670

34,069

Houston—Galveston—Brazoria, TX

29,759

20,831

Kansas City, MO/KS

32,479

22,735

Los Angeles—Riverside—Orange County, CA

38,822

27,175

Milwaukee—Racine, WI

33,405

23,384

Minneapolis—St. Paul, MN/WI

33,585

23,510

New York—Northern NJ—Long Island, NY/NJ/CT/PA

40,205

28,144

Philadelphia—Wilmington—Atlantic City, PA/NJ/DE/MD

36,317

25,422

Pittsburgh, PA

40,379

28,265

St. Louis, MO/IL

31,917

22,342

San Diego, CA

42,827

29,979

San Francisco—Oakland—San Jose, CA

38,904

27,233

Seattle—Tacoma—Bremerton, WA

40,221

28,155

Washington—Baltimore, DC/MD/VA/WV

2

41,013

28,709

1

For ease of use, these figures are rounded to the next highest dollar.

2

Baltimore and Washington are now calculated as a single metropolitan statistical area.

Appendix D

Table 4—Seventy Percent of Updated 2009 Lower Living Standard Income Level (LLSIL), by Family Size

To use the seventy percent LLSIL value, where it is stipulated for WIA programs, begin by locating the region or metropolitan area where they reside. These are listed in Tables 1, 2 and 3. After locating the appropriate region or metropolitan statistical area, find the seventy percent LLSIL amount for that location. The seventy percent LLSIL figures are listed in the last column to the right on each of the three tables. These figures apply to a family of four. Larger and smaller family eligibility is based on a percentage of the family of four. To determine eligibility for other size families consult table 4 and the instructions below.

To use Table 4, locate the seventy percent LLSIL value that applies to the individual's region or metropolitan area from Tables 1, 2 or 3. Find the same number in the “family of four” column of Table 4. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the maximum household income the individual is permitted in order to qualify as economically disadvantaged under WIA.

Where the HHS poverty level for a particular family size is greater than the corresponding LLSIL figure, the LLSIL figure appears in a shaded block. Individuals from these size families may consult the 2009 HHS poverty guidelines found in the

Federal Register

, Vol. 74, No. 14, January 23, 2009, pp. 4199-4201 (on the Internet at

http://aspe.hhs.gov/poverty/09fedreg.pdf

) to find the higher eligibility standard. Individuals from Alaska and Hawaii should consult the HHS guidelines for the generally higher poverty levels that apply in their states.

Family of one

Family of two

Family of three

Family of four

Family of five

Family of six

$7,505

$12,296

$16,876

$20,831

$24,585

$28,751

7,762

12,722

17,470

21,559

25,444

29,754

7,815

12,802

17,571

21,690

25,597

29,935

7,901

12,947

17,771

21,933

25,887

30,272

8,024

13,144

18,044

22,272

26,288

30,742

8,049

13,187

18,101

22,342

26,367

30,832

8,056

13,199

18,123

22,370

26,398

30,870

8,104

13,278

18,225

22,500

26,556

31,058

8,184

13,416

18,421

22,735

26,831

31,379

8,366

13,714

18,824

23,239

27,422

32,075

8,418

13,798

18,943

23,384

27,596

32,272

8,467

13,874

19,048

23,510

27,747

32,449

8,508

13,945

19,144

23,627

27,884

32,608

8,707

14,272

19,588

24,179

28,536

33,369

8,807

14,439

19,815

24,463

28,871

33,766

8,853

14,509

19,921

24,588

29,019

33,939

8,901

14,587

20,025

24,715

29,166

34,110

9,096

14,909

20,467

25,260

29,812

34,859

9,157

15,002

20,595

25,422

30,004

35,085

9,240

15,142

20,790

25,665

30,285

35,422

9,505

15,578

21,379

26,392

31,148

36,424

9,784

16,034

22,013

27,175

32,068

37,507

9,809

16,073

22,060

27,233

32,138

37,587

10,133

16,609

22,797

28,144

33,210

38,845

10,142

16,613

22,809

28,155

33,226

38,856

10,181

16,683

22,901

28,265

33,359

39,011

10,340

16,945

23,258

28,709

33,884

39,626

10,372

16,997

23,339

28,805

33,995

39,752

10,798

17,689

24,287

29,979

35,379

41,377

11,111

18,203

24,992

30,851

36,406

42,575

11,157

18,277

25,094

30,975

36,554

42,753

11,435

18,739

25,720

31,749

37,471

43,815

11,861

19,437

26,681

32,936

38,866

45,453

12,007

19,670

27,007

33,335

39,339

4,6010

12,270

20,102

27,596

34,069

40,203

47,022

Appendix E

Table 5—Updated 2009 LLSIL (100%), By Family Size

To use the LLSIL to determine the minimum level for establishing self-sufficiency criteria at the State or local level, begin by locating the metropolitan area or region from Table 1, 2 or 3. Then locate the appropriate region or metropolitan statistical area and then find the 2009 Adjusted LLSIL amount for that location. These figures apply to a family of four. Locate the corresponding number in the family of four in the column below. Move left or right across that row to the size that corresponds to the individual's family unit. That figure is the minimum figure States must set for determining whether employment leads to self-sufficiency under WIA programs.

Family of one

Family of two

Family of three

Family of four

Family of five

Family of six

$10,722

$17,566

$24,109

$29,759

$35,121

$41,073

11,089

18,174

24,957

30,799

36,348

42,505

11,164

18,289

25,101

30,986

36,567

42,764

11,287

18,496

25,387

31,333

36,982

43,246

11,463

18,777

25,777

31,817

37,554

43,917

11,499

18,838

25,858

31,917

37,667

44,046

11,509

18,855

25,890

31,957

37,712

44,100

11,577

18,969

26,036

32,143

37,937

44,369

11,692

19,166

26,316

32,479

38,330

44,827

11,952

19,592

26,891

33,198

39,174

45,822

12,026

19,712

27,062

33,405

39,423

46,103

12,095

19,820

27,211

33,585

39,638

46,355

12,154

19,922

27,348

33,753

39,834

46,583

12,438

20,389

27,983

34,542

40,766

47,670

12,582

20,627

28,307

34,947

41,244

48,237

12,647

20,727

28,458

35,126

41,455

48,484

12,716

20,838

28,607

35,307

41,665

48,729

12,994

21,299

29,239

36,086

42,589

49,799

13,081

21,432

29,421

36,317

42,863

50,121

13,200

21,632

29,700

36,664

43,264

50,603

13,578

22,254

30,542

37,703

44,497

52,034

13,977

22,905

31,447

38,822

45,811

53,582

14,013

22,961

31,514

38,904

45,911

53,696

14,476

23,727

32,567

40,205

47,443

55,493

14,489

23,733

32,584

40,221

47,466

55,508

14,544

23,833

32,715

40,379

47,656

55,730

14,771

24,207

33,226

41,013

48,405

56,609

14,817

24,282

33,341

41,150

48,564

56,789

15,426

25,270

34,696

42,827

50,541

59,110

15,873

26,004

35,703

44,073

52,009

60,821

15,938

26,110

35,849

44,250

52,220

61,075

16,336

26,770

36,743

45,356

53,530

62,593

16,944

27,767

38,115

47,051

55,523

64,933

17,153

28,100

38,581

47,622

56,199

65,728

17,528

28,717

39,423

48,670

57,433

67,174

[FR Doc. E9-6618 Filed 3-25-09; 8:45 am]

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