| (a) A certified program must be conducted under a signed
written agreement between each participant and the employer. The agreement
may include the following:
(1) the name and signature of the participant, the
sponsor, the employer, and a parent or guardian of the participant
if the participant is under 18 years of age;
(2) a description of the career field in which the
participant is to be trained, the academic and technical skills to
be attained, and the beginning date and duration of the broad-based
training; and
(3) the employer's agreement to provide paid employment,
at a base wage not less than the minimum wage, for the participant
during the participant's junior and senior years in high school. The
agreement may extend after the participant's first year of postsecondary
education.
(b) A participant's time spent at the worksite in a
certified program prescribed under §75.1031(a) of this title
(relating to Voluntary Workforce Training Standards and Agreements)
will be limited to 15 hours during the school week. A school week
is defined as the week beginning at 12:01 a.m. on the first instructional
day of a calendar week and ends at the close of instruction on the
last instructional day of the calendar week, excluding holidays.
(c) A participant may, but is not required to, enter
into a postsecondary education agreement with the participant's employer.
A postsecondary education agreement must include at least the following:
(1) the participant's agreement to pay half of the
participant's wages to be held in trust to be applied toward the participant's
postsecondary education and the employer's agreement to pay into the
trust an additional amount equal to the amount paid by the participant;
(2) the participant's agreement to work for the employer
for at least two years immediately following the date of completion
of the participant's postsecondary education;
(3) the employer's agreement to pay the participant
during the period described under paragraph (2) of this subsection
at least the prevailing wage for employees having a similar education
or license and performing similar work and to provide other employee
benefits to which employees performing similar work are entitled;
and
(4) the participant's agreement to reimburse the employer
if the participant does not perform the two years of employment described
by paragraph (2) of this subsection for the employer's contribution
to the trust, plus interest at the prime interest rate at the time
the participant defaults on the agreement. Terms of the reimbursement
arrangements should be mutually determined by the employer, participant,
and parent or guardian if the participant is under 18 years of age,
and formalized through a written agreement.
(d) The agreement between the participant and employer
may be modified through mutual written consent at any time.
(e) If a participant decides not to continue in the
program before beginning postsecondary education, the participant
and employer each shall be refunded, not later than the 30th day after
the last date of participation in the program, their respective contributions
to the trust and a pro rata share of the interest earned on the money
in the trust.
(f) The money held in trust under subsection (c)(1)
of this section must be held for the benefit of the participant. The
fund must be specified in the written agreement between the participant
and the employer. The trust funds must be held in an account or fund
with the beneficiary identified by name. The trust fund agreement
must prohibit access to trust fund assets by a creditor of the employer,
the participant, or the trustee. In developing a trust agreement,
the employer and participant shall consider the qualifications and
powers of the trustee, the method of and schedule for transferring
funds to the trust, the investment of the trust fund, accounting requirements
for the fund, requirements for and the method of disbursing funds
from the trust, and requirements and procedures for the termination
of the trust. Payment into a trust approved under 29 United States
Code, §1103, for the benefit of the participant satisfies the
requirements of this subsection.
(g) An employer who enters into an agreement under
this section may not retain participants solely to replace the employer's
current employees.
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