reglab/statecodes huggingface dataset:
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8300 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purpose of this article, the following definitions
				  shall apply:
(a) "Applicant" means the
				iHub coordinator or any entity applying on behalf of iHub Partners seeking
				designation by the state of California as an iHub.
(b) "Evaluated Criteria" means the factors
				that the Review Committee will consider in determining the viability of the
				Applicant as more specifically defined in Section
				8320(b)
				below.
(c) "GO-Biz" means the
				Governor's Office of Business and Economic Development.
(d) "Incubator/business accelerator" means an
				entity that helps new and startup companies to develop by providing services
				such as management training or space.
(e) "Innovation Hub Partners or Partnerships"
				mean members of the iHub who come from firms, local governments, economic
				development organizations, educational entities, and industries that
				collectively drive economic growth within a specific geographic area.
(f) "iHub Worldwide Innovation Network" or
				"iWIN" is dedicated to fostering global innovation and commercialization of
				emerging technologies or industries designed and implemented by each individual
				iHub at its discretion and may be structured to provide foreign governments or
				companies an office or lab space, market assessment, customer identification or
				investment assistance, provide commercialized mentoring and opportunities to
				showcase goods or services (i.e. trade shows or conferences).
(g) "Memorandum of understanding" or "MOU"
				means an agreement between GO-Biz and one or more entities.
(h) "Knowledge node" means a repository of
				knowledge that houses particular facts, ideas, meanings, skills or concepts,
				such as those found within entities like corporations, universities, national
				laboratories and governments, that -- when linked to the overall network --
				increase the core competency of the sector, region, or network.
(i) "Review Committee" means a panel of at
				least eleven (11) individuals selected by GO-Biz at its discretion based on the
				pool of interested individuals that submit their name, resume and five-hundred
				word or less statement of reason to GO-Biz as to why they want to serve on the
				committee. GO-Biz will post on its website the period for when interested
				individuals may apply and GO-Biz will ensure that based on the pool of
				interested individuals at least one (1) committee member from each of the
				following sectors:
(1) a research
				institution,
(2) government entity
				agencies,
(3) for-profit
				entity,
(4) non-profit
				entity,
(5) incubators or
				accelerators, and
(6) institutions
				of higher education shall be represented and at no time shall the Review
				Committee consist of an even number of individuals.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8310 - Application Process for iHub Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At its sole discretion, GO-Biz will
				release a request for proposal for the iHub Program on its website when there
				is availability to add a new iHub because of a termination of an IHub, an
				expiration of an iHub or the availability of a region.
(b) The request for proposal shall include a
				schedule of the following:
(1) The
				application period;
(2) Designated
				conference calls for potential applicants;
(3) Deadline to submit a letter of
				intent;
(4) Deadline for the final
				proposal;
(5) Timing of the
				evaluation by the Review Committee;
(6) Date of notification of iHub
				finalists;
(7) Site visits and
				interview dates for prospective iHubs;
(8) Notification date of award given to
				successful iHub applicants; and
(9)
				Official public notification date and posting of award on GO-Biz
				website.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8320 - Applicant Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Following the submittal, the application will be reviewed by a Review Committee
				based on a scoring mechanism described below evaluating each of the "Evaluated
				Criteria" specifically listed as follows:
(1)
				Identified commercial market focus and plan
(2) The Applicant's management structure and
				plan
(3) The Applicant's management
				team's experience
(4) Proximity to
				a "state of the art" technology center
(5) Job development and business
				creation
(6) Planning and local
				incentives
(7) Sustainability of
				services and management
(8)
				Community engagement and support
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8330 - Grounds for Rejection

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				GO-Biz reserves the right to waive any immaterial deviation, which is anything
				other than the events listed in Section
				8330(b) below, in
				a proposal. However, the waiver of an immaterial deviation in a request for
				proposal shall in no way excuse the Applicant from full compliance with the
				request for proposal requirements after the Applicant is awarded iHub
				designation pursuant to the terms of the MOU.
(b) A request for proposal shall be rejected
				if any of the following exist:
(1) The
				request for proposal package is received after the time and date set for
				receipt of proposals;
(2) The
				request for proposal does not meet the requirements and is not prepared as
				specified in the application format section;
(3) The request for proposal contains false
				or misleading statements or references which do not support attributes or
				conditions contended by the Applicant and, if in the opinion of GO-Biz, such
				information was intended to mislead the Review Committee in its evaluation of
				the proposal; or
(4) The request
				for proposal is confidential, conditional, and incomplete or if it contains any
				irregularities.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8340 - Requirements of Designated Ihubs

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If granted formal designation, the iHub
				shall do the following:
(1) Enter into an MOU
				with GO-Biz which shall set forth specific obligations including, but not
				limited to, the development of programs, reporting requirements and other
				activities agreed to by GO-Biz and the iHub to promote the success of the iHub
				in the identified region;
(2)
				Provide GO-Biz in-person or electronic introductions to officials at economic
				and workforce development offices near the designated iHub, or other city and
				county departments, state departments and non-government organizations in order
				to foster collaboration between the state and local entities;
(3) Provide business assistance as
				appropriate to local businesses;
(4) Develop programs and initiatives for
				industry sectors identified by iHub in the application;
(5) Promote other iHub programs and events
				through social media and other communication paths highlighting the
				collaborative nature of the iHub program;
(6) Include the iHub logo on marketing
				materials and other communications to brand events and activities of the iHub
				network;
(7) In the event the iHub
				creates an iWIN, the iHub agrees to notify GO-Biz in writing of its creation
				and provide GO-Biz access to the iWIN, as further set forth in the
				MOU.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8350 - iHub Innovation Accelerator Account

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In order for GO-Biz to accept any gifts, bequests or
				  donations to be used for California iHub purposes, the donor must clearly
				  identify in writing the use of the funds and set forth any criteria that it
				  requires GO-Biz to review and consider prior to distributing the funds,
				  including, but not limited to, iHub's compliance with the terms of the
				  MOU.
1. New section
				  filed 3-22-2017; operative 3-22-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 13).
Note: Authority cited: Section
					 12099.7,
					 Government Code. Reference: Section
					 12099.7,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8360 - Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				The iHub coordinator for each designated iHub will submit an annual report to
				GO-Biz. Reporting requirements will be based upon terms set forth in the MOU,
				which will include, but not be limited to:
(1)
				Progress narrative toward reaching the project milestones/goals as stated in
				the MOU agreement with GO-Biz;
(2)
				Number of companies providing outreach services within the iHub
				region;
(3) Number of companies
				starting up in the iHub region related to targeted industry
				sector(s);
(4) Revenues/sales from
				start-up companies in the iHub region;
(5) Number of corporate partnerships/research
				contracts developed or documented by the iHub;
(6) Number of patents applied for, approved
				and licensed to third-parties within the iHub region and, where applicable, if
				any such patent developments originated from the collaboration and partnership
				of iHub Partners;
(7) Research and
				development contracts originating from the collaboration and partnership
				between iHub Partners in the iHub region;
(8) Number of federal, state or local
				research and workforce projects as well as the number of incubator and
				accelerator spaces within the iHub region;
(9) An inventory of all emerging markets,
				high growth potential companies (seven years or less) within the iHub region,
				including their target industry;
(10) Research and development expenditures
				(federal, state, industry, and other sources) related to the targeted industry
				sector within the iHub; and
(11)
				Amount of funding leveraged or invested in the iHub, as well as a report on
				pledged match(es) and other leveraged investments in the iHub
				region.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8370 - Changes or Modifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an iHub changes its legal entity
				formation (e.g. limited liability partnership converted to a corporation) or
				its legal name, it must notify GO-Biz in writing of this change no later than
				thirty (30) calendar days after such change takes legal effect. The parties
				shall then enter into a new MOU to reflect such change.
(b) If an iHub requests to change its iHub
				coordinator or modify the industry sector(s) of focus, it must adhere to the
				following process:
(1) Submit a one-page
				request to GO-Biz stating the reason for the request.
(2) To change the targeted industry sector or
				sectors, the iHub must attach a written explanation identifying the need for
				the newly desired industry sector or sectors within the iHub's physical
				boundaries. The iHub must also describe how it will collaborate with the new
				industry sector or sectors and its iHub partners to support innovation in the
				sector or sectors.
(3) GO-Biz shall
				make a final written decision within sixty (60) days of receiving the
				request.
(4) Upon written approval
				by GO-Biz of the change, iHub must also submit an amended MOU to GO-Biz
				reflecting the change. Parties must then execute a new MOU, as
				necessary.
California Code of Regulations › Title 10 - Investment › Chapter 13 - Governor's Office of Business and Economic Development › Article 4 - California Innovation Hub Program › Section 8380 - Revocation Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				GO-Biz determines that a designated iHub is not complying with these
				regulations or the terms of the MOU, GO-Biz shall provide written notice
				identifying the deficiencies and the corrective action required. GO-Biz shall,
				in its sole discretion, determine the reasonable timeframe for which to cure
				the deficiency based on the nature of the deficiency and the amount of time
				GO-Biz deems reasonable to cure the deficiency. If an iHub fails to correct
				identified deficiencies within the timeframe required by GO-Biz, the iHub
				coordinator shall receive written notice from GO-Biz that the iHub designation
				has been temporarily revoked.
(b)
				Upon iHub coordinator's receipt of such written notice of this temporary
				revocation, the iHub will have 3 months to correct the identified deficiencies
				to avoid permanent termination from the program.
(c) If an iHub fails to correct the
				identified deficiencies within 3 months of receiving the notice of temporary
				revocation, the iHub shall be terminated from the program.
(d) If an iHub designation has been
				terminated, the Applicant for the designated iHub, and all the iHub partners
				under that designation must wait one year from the date of termination before
				reapplying to the program.
(e)
				GO-Biz decisions shall be final and is no administrative appeal
				available.
1. New section
				  filed 3-22-2017; operative 3-22-2017 pursuant to Government Code section
				  11343.4(b)(3)
				  (Register 2017, No. 13).
Note: Authority cited: Sections
					 12099.3
					 and
					 12099.4,
					 Government Code. Reference: Sections
					 12099.3
					 and
					 12099.4,
					 Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9000 - Existing Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All meanings of the terms defined in Welfare and Institutions
				  Code section
				  4875
				  and Internal Revenue Code section
				  529 A apply wherever the same
				  terms are used throughout this Chapter.
1. New chapter
				  14, article 1 (sections
				  9000-9007) and section filed
				  2-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 2-21-2017 (Register 2017, No. 8). A Certificate of Compliance must be
				  transmitted to OAL by 8-21-2017 or emergency language will be repealed by
				  operation of law on the following day.
2. New chapter 14, article 1
				  (sections 9000-9007) and section refiled
				  8-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 8-21-2017 (Register 2017, No. 34). A Certificate of Compliance must
				  be transmitted to OAL by 11-20-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 8-21-2017 order transmitted to OAL 8-24-2017 and filed 10-5-2017
				  (Register 2017, No. 40).
Note: Authority cited: Section
					 4882,
					 Welfare and Institutions Code. Reference: Section
					 4875,
					 Welfare and Institutions Code; and Section
					 529 A, Internal Revenue
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9002 - Account Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Account Owner and Designated Beneficiary. A person may open an account if that
				person is an Eligible Individual who is both the Account Owner and the
				Designated Beneficiary.
(b)
				Participation Agreement. An Eligible Individual or the Eligible Individual's
				Authorized Legal Representative must submit a completed and signed
				Participation Agreement in order to open an Account. The Participation
				Agreement governs the Account Owner's use of the Account. The Participation
				Agreement shall include, at a minimum, the following terms and conditions:
(1) Representations and warranties regarding
				eligibility, intentions as to account use, and understanding of the investment
				options selected.
(2)
				Acknowledgement regarding contribution limits.
(3) Treatment of withdrawals, transfers, and
				excess contributions.
(4)
				Acknowledgement of risks, including no guarantees on returns or account value,
				no proxy rights on investments, future legislative changes, and future ABLE
				Plan changes.
(5) Potential for
				Medicaid/Medi-Cal recapture upon death of beneficiary.
(6) Dispute resolution.
(7) Indemnification and hold harmless of the
				ABLE Plan for any breaches of representations or factual
				misstatements.
(8) Governing law,
				venue, and jurisdiction.
(9)
				Certification that the person seeking to open an account does not have another
				qualified ABLE program account in any state (except in the case of a Rollover).
				An Account Owner may not have more than one qualified ABLE program account in
				existence in any state at the same time. A qualified ABLE program account
				previously opened and closed in any state does not prohibit the subsequent
				creation of an ABLE Account for the same Account Owner.
(10) Certification that the person seeking to
				open an account is an Eligible Individual as defined in IRC section
				529 A, and evidence of
				eligibility, such as a disability certification as defined in IRC section
				529 A, can and will be submitted
				upon request.
(11) Other terms and
				conditions that may be required by the Program
				Administrator.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9003 - Limitations on Contributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Annual Contribution Limit. IRC section
				529 A limits the amount that can
				be contributed annually to an ABLE Account to the federal gift tax exclusion.
				This limit is applied per account from all sources. The annual limit may
				increase as the federal gift tax exclusion increases.
(b) Maximum Account Balances. IRC section
				529 A limits the total amount of
				contributions to an ABLE Account. The account balance may not exceed the amount
				established by the State in accordance with IRC section
				529(b)(6)
				regarding qualified tuition programs. Accounts that have reached the maximum
				account balance may continue to accrue earnings and, if the account balance
				falls below the permitted maximum account balance, contributions may
				recommence.
(c) Excess
				Contributions. The Program Administrator will not knowingly accept
				contributions that would cause an account to exceed the annual contribution
				limit or permitted maximum account balance.
(d) Return of Excess Contributions.
				Contributions shall be returned to the extent that the amount of the
				contribution would cause the aggregate amount held for a Designated Beneficiary
				to exceed the annual contribution limit or permitted maximum account
				balance.
1. New section
				  filed 2-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 2-21-2017 (Register 2017, No. 8). A Certificate of Compliance must be
				  transmitted to OAL by 8-21-2017 or emergency language will be repealed by
				  operation of law on the following day.
2. New section refiled
				  8-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 8-21-2017 (Register 2017, No. 34). A Certificate of Compliance must
				  be transmitted to OAL by 11-20-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 8-21-2017 order transmitted to OAL 8-24-2017 and filed 10-5-2017
				  (Register 2017, No. 40).
Note: Authority cited: Section
					 4882,
					 Welfare and Institutions Code. Reference: Sections
					 4877
					 and
					 4879,
					 Welfare and Institutions Code; and Section
					 529 A, Internal Revenue
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9004 - Change of Designated Beneficiary

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Change of Designated Beneficiary. An
				Account Owner may change the beneficiary designated at any time as long as the
				individual is an Eligible Individual and a Member of the Family of the current
				Designated Beneficiary. The individual designated to be the new beneficiary
				shall become the new Account Owner after completing the account enrollment
				process under section
				9001.
(b) Change Through Rollover Distribution. A
				change of Designated Beneficiary may also be accomplished at any time by means
				of a rollover from a different account within the Plan or another qualified
				ABLE program. The individual designated to be the new beneficiary must be an
				Eligible Individual and a Member of the Family of the current Designated
				Beneficiary, and shall become the new Account Owner after completing the
				account enrollment process under section
				9001.
1. New section
				  filed 2-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 2-21-2017 (Register 2017, No. 8). A Certificate of Compliance must be
				  transmitted to OAL by 8-21-2017 or emergency language will be repealed by
				  operation of law on the following day.
2. New section refiled
				  8-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 8-21-2017 (Register 2017, No. 34). A Certificate of Compliance must
				  be transmitted to OAL by 11-20-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 8-21-2017 order transmitted to OAL 8-24-2017 and filed 10-5-2017
				  (Register 2017, No. 40).
Note: Authority cited: Section
					 4882,
					 Welfare and Institutions Code. Reference: Section
					 4877,
					 Welfare and Institutions Code; and Section
					 529 A, Internal Revenue
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9005 - Qualified Distributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Qualified Distributions. Distributions
				from an account must be used to pay for Qualified Disability Expenses as
				defined in Welfare and Institutions Code section
				4875(
l
)
				and IRC section
				529 A.
(b) Nonqualified Distributions. Any
				withdrawal that is not (1) used to pay the Qualified Disability Expenses of the
				Account Owner or (2) rolled over to another qualified ABLE program for the same
				beneficiary or for another Eligible Individual who is also a Member of the
				Family of the beneficiary is a Nonqualified Distribution. The earnings portion
				of Nonqualified Distributions may be subject to federal and state income tax.
				Additionally, Nonqualified Distribution may impact benefit eligibility and
				benefit amounts.
1. New section
				  filed 2-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 2-21-2017 (Register 2017, No. 8). A Certificate of Compliance must be
				  transmitted to OAL by 8-21-2017 or emergency language will be repealed by
				  operation of law on the following day.
2. New section refiled
				  8-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 8-21-2017 (Register 2017, No. 34). A Certificate of Compliance must
				  be transmitted to OAL by 11-20-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 8-21-2017 order transmitted to OAL 8-24-2017 and filed 10-5-2017
				  (Register 2017, No. 40).
Note: Authority cited: Section
					 4882,
					 Welfare and Institutions Code. Reference: Sections
					 4875,
					 4877
					 and
					 4878,
					 Welfare and Institutions Code; and Section
					 529 A, Internal Revenue
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9006 - Rollover Distributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Rollover Distributions Generally. An
				Account Owner may direct a rollover once in every rolling twelve-month period
				for the same Account Owner.
(b)
				Rollover Distribution Deposit Timeframe. A distribution that is made for
				purposes of a rollover must be deposited to the different account within the
				Plan or another qualified ABLE program within 60 days of the distribution.
				Failure to deposit a rollover distribution within 60 days will result in the
				distribution being treated as a Nonqualified Distribution.
(c) Rollover Documentation. A rollover
				directly to or from another qualified ABLE program must be accompanied by a
				written statement from the applicable qualified ABLE program identifying the
				portion of the rollover that represents contributions and the portion that
				represents earnings. Failure to provide this information may result in the
				deposit being treated as earnings.
(d) Closure of Accounts. The account from
				which funds are rolled over for the same Account Owner must be closed within 60
				days after the distribution.
(e)
				Execution of New Participation Agreement. Any rollover to a new account not yet
				established under the ABLE Plan shall not be effective until the Eligible
				Individual or the Eligible Individual's Authorized Legal Representative has
				submitted a completed and signed Participation Agreement for the new account
				and the account has been established by the Program Administrator.
1. New section
				  filed 2-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 2-21-2017 (Register 2017, No. 8). A Certificate of Compliance must be
				  transmitted to OAL by 8-21-2017 or emergency language will be repealed by
				  operation of law on the following day.
2. New section refiled
				  8-21-2017 as a deemed emergency pursuant to Welfare and Institutions Code
				  section
				  4882(b);
				  operative 8-21-2017 (Register 2017, No. 34). A Certificate of Compliance must
				  be transmitted to OAL by 11-20-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Certificate of Compliance
				  as to 8-21-2017 order transmitted to OAL 8-24-2017 and filed 10-5-2017
				  (Register 2017, No. 40).
Note: Authority cited: Section
					 4882,
					 Welfare and Institutions Code. Reference: Section
					 4877,
					 Welfare and Institutions Code; and Section
					 529 A, Internal Revenue
					 Code.
California Code of Regulations › Title 10 - Investment › Chapter 14 - California Achieving a Better Life Experience (Able) Act Board › Article 1 - California Achieving a Better Life Experience (Able) Program Trust › Section 9007 - Account Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Quarterly Report to Designated Beneficiary. Each Account Owner will receive a
				quarterly statement from the ABLE Plan with, at a minimum, the following
				information:
(1) Contributions to each
				investment option during that quarter and aggregate contributions, if any, for
				the year-to-date.
(2) Distributions
				from each investment option during that quarter.
(3) The total value of the Account at the end
				of the quarter.
California Code of Regulations › Title 10 - Investment › Chapter 15 - Calsavers Retirement Savings Board › Section 10001 - Eligible Employers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 To determine whether an Employer is an Eligible Employer for a calendar year,
			 an Employer's number of employees shall be the average number of employees
			 during the previous calendar year, as reported to the Employment Development
			 Department on Form DE 9C, "Quarterly Contribution Return and Report of Wages
			 (Continuation)," for the quarter ending December 31 and the preceding three
			 quarters.
(1) Employers that have not
			 submitted Form DE 9C, "Quarterly Contribution Return and Report of Wages
			 (Continuation)," for a full calendar year are Eligible Employers if they have
			 submitted at least one Form DE 9C, "Quarterly Contribution Return and Report of
			 Wages (Continuation)," for the preceding quarter and otherwise meet the
			 definition of an Eligible Employer.
(2) Employers that have not submitted Form DE
			 9C, "Quarterly Contribution Return and Report of Wages (Continuation)," for a
			 full calendar year shall be subject to the registration deadline established in
			 Section 10002(b) only
			 after it has submitted a Form DE 9C, "Quarterly Contribution Return and Report
			 of Wages (Continuation)," for the Quarter ending December 31 and the preceding
			 three quarters.
California Code of Regulations › Title 10 - Investment › Chapter 15 - Calsavers Retirement Savings Board › Section 10002 - Employer Registration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 Registration Deadlines.
(1) Eligible
			 Employers employing more than 100 Employees shall register with the Program no
			 later than September 30, 2020.
(2)
			 Eligible Employers employing more than 50 Employees shall register with the
			 Program no later than June 30, 2021.
(3) Eligible Employers that have employed
			 five or more Employees for more than one continuous calendar year, based on the
			 criteria established in Section
			 10001(a), shall
			 register with the Program no later than June 30, 2022.
(4) Eligible Employers with four or fewer
			 Employees shall register with the Program no later than December 31,
			 2025.
California Code of Regulations › Title 10 - Investment › Chapter 15 - Calsavers Retirement Savings Board › Section 10003 - Participating Employer Duties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days of registration, a
			 Participating Employer shall provide the following information to the
			 Administrator for each Eligible Employee:
(1)
			 Eligible Employee's full legal name;
(2) Eligible Employee's Social Security
			 Number or Individual Taxpayer Identification Number;
(3) Eligible Employee's date of
			 birth;
(4) Eligible Employee's
			 physical address;
(5) Eligible
			 Employee's phone number, if available; and
(6) Eligible Employee's email address(es), if
			 available.
California Code of Regulations › Title 10 - Investment › Chapter 15 - Calsavers Retirement Savings Board › Section 10004 - Employee Enrollment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
			 The Program shall deliver the Employee Information Packet to each Eligible
			 Employee within 10 days of the Participating Employer completing the actions
			 required under Section
			 10003(a) or
			 10003(b).
(b) An Eligible Employee shall be enrolled
			 into the Program if they do not opt out within 30 days after the date the
			 Employee Information Packet is delivered. The information prescribed in Section
			 10003(a) will be
			 used by the Administrator to execute the enrollment.
(c) An Eligible Employee is deemed to have
			 read and understood the content in the Employee Information Packet if the
			 Eligible Employee has been furnished a copy of the Employee Information Packet
			 pursuant to subsection (a) and has been provided an opportunity to opt out of
			 the Program.
(d) An Eligible
			 Employee may opt out of the Program at any time. Eligible Employees may opt out
			 either electronically (saver.calsavers.com), by phone (855-650-6918), or by
			 completing the Opt-Out Form and submitting the form by overnight mail
			 (CalSavers, 95 Wells Avenue, Suite 155, Newton, MA 02459) or by regular mail
			 (CalSavers, P.O. Box 55759, Boston, MA, 02205-5759).
(1) To opt out by overnight mail or regular
			 mail, Eligible Employees must provide the last four digits of their Social
			 Security Number or Individual Tax Identification Number, date of birth, ZIP
			 Code, and sign the form.
(2) To opt
			 out electronically or by phone, Eligible Employees must provide the last four
			 digits of their Social Security Number or Individual Tax Identification Number,
			 date of birth, and ZIP Code.
California Code of Regulations › Title 10 - Investment › Chapter 15 - Calsavers Retirement Savings Board › Section 10007 - Contributions and Distributions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) It shall be the responsibility of the
			 Participant to determine whether they are eligible to make Contributions to a
			 Roth IRA or Traditional IRA (when available) and whether the amount of their
			 Contributions to a Roth IRA or Traditional IRA (when available) complies with
			 the limits established under Title 26 of the United States Code.
(b) A Participant may choose to rollover or
			 transfer funds into their Account.
1. New section
				filed 11-19-2018 as an emergency; operative 11-19-2018 (Register 2018, No. 47).
				A Certificate of Compliance must be transmitted to OAL by 5-20-2019 or
				emergency language will be repealed by operation of law on the following
				day.
2. New section refiled 5-6-2019 as an emergency; operative
				5-21-2019 (Register 2019, No. 19). A Certificate of Compliance must be
				transmitted to OAL by 8-19-2019 or emergency language will be repealed by
				operation of law on the following day.
3. New section refiled
				8-12-2019 as an emergency; operative 8-20-2019 (Register 2019, No. 33). A
				Certificate of Compliance must be transmitted to OAL by 11-18-2019 or emergency
				language will be repealed by operation of law on the following
				day.
4. Certificate of Compliance as to 8-12-2019 order, including
				amendment of section, transmitted to OAL 9-23-2019 and filed 10-31-2019;
				amendments operative 10-31-2019 pursuant to Government Code section
				11343.4(b)(3)
				(Register 2019, No. 44).
5. Amendment of subsection (b) filed
				1-25-2021 as an emergency; operative 1-25-2021. Pursuant to Health and Safety
				Code section
				1363.04(f),
				this action is a deemed emergency and exempt from OAL review. Expiration date
				of emergency action extended 60 days (Executive Order N-40-20) plus an
				additional 60 days (Executive Order N-71-20) (Register 2021, No. 5). A
				Certificate of Compliance must be transmitted to OAL by 11-23-2021 or emergency
				language will be repealed by operation of law on the following
				day.
6. Amendment of subsection (b) refiled 11-17-2021 as an
				emergency; operative 11-24-2021. Pursuant to Health and Safety Code section
				1363.04(f),
				this action is a deemed emergency and exempt from OAL review (Register 2021,
				No. 47). A Certificate of Compliance must be transmitted to OAL by 2-22-2022 or
				emergency language will be repealed by operation of law on the following
				day.
7. Certificate of Compliance as to 11-17-2021 order transmitted
				to OAL 12-2-2021 and filed 1-13-2022 (Register 2022, No.
				2).
Note: Authority cited: Sections
				  100010 and
				  100048,
				  Government Code. Reference: Sections
				  100002,
				  100008 and
				  100012,
				  Government Code.
California Code of Regulations › Title 10 - Investment › Chapter 15 - Calsavers Retirement Savings Board › Section 10008 - Enforcement of Employer Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
			 Board may delegate enforcement of employer compliance with Title 21 (commencing
			 with Section
			 100000) of
			 the Government Code, including all failures by an Eligible Employer to allow
			 its Eligible Employees to participate in the Program, to the Board staff. Staff
			 shall exercise due diligence to ensure reasonable attempts are made to bring
			 employers into compliance prior to issuing a final notice of penalty
			 application to a noncompliant Employer.
(b) Enforcement efforts by Board staff,
			 pursuant to subsection (a), shall include email and letter notifications of
			 penalty application to the noncompliant Employers identifying the cause of
			 their noncompliance and the methods available to Employers to comply.
(c) Noncompliant employers are subject to the
			 penalties set forth in Gov. Code Section
			 100033(b)
			 until compliance is satisfied.
(1) A
			 noncompliant employer, who fails to achieve compliance after the initial $250
			 penalty is assessed, will be fined $500 per eligible employee for each
			 subsequent calendar year in which the employer is noncompliant;
(2) Noncompliance does not need to be
			 consecutive to assess the penalty of $500. Any calendar year of noncompliance
			 after the initial penalty of $250 will result in a penalty of $500 per eligible
			 employee.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 1 - Service and Filing of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any person desiring "leave to sue" in the name of the people of
				  the State of California under any law requiring the prior permission therefor of the
				  Attorney General (which person is herein referred to as the relator), shall serve
				  the application (which shall include the papers referred to in Section
				  2) upon the proposed defendant, and
				  within five days after such service shall file the same with the Attorney
				  General.
1. Change without
				  regulatory effect amending section filed 12-6-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 50).
Note: Authority cited for §§
											1 to
					 11, inclusive: Section
					 803 et seq. Code of Civil Procedure.
					 Issuing Agency: Attorney General.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 2 - Application for Leave to Sue; Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The relator shall submit to the Attorney General an application
				  for "leave to sue," which application shall consist of the following:
(a) Original verified complaint, together with one
				copy thereof, and a verified statement of facts. The proposed complaint shall be
				prepared for the signature of the Attorney General, a deputy attorney general and
				the attorney for the relator, as attorneys for plaintiff.
(b) Points and authorities showing why the
				proposed proceeding should be brought in the name of the people, and supporting the
				contention of relator that a public office or franchise is usurped, intruded into or
				unlawfully held or exercised by the proposed defendant.
(c) A notice directed to the proposed defendant to
				the effect that relator is about to apply to the Attorney General for "leave to sue"
				in the proceeding therein named, and that the proposed defendant may, within the
				period provided in Section
				3 hereof, show cause, if any, why
				"leave to sue" should not be granted in accordance with the application
				therefor.
(d) Proof of service of such
				application, complaint, statement of facts, points and authorities and notice upon
				the proposed defendant.
1. Change without
				  regulatory effect amending first paragraph and subsection (c) filed 12-6-2021
				  pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 50).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 3 - Appearance of Proposed Defendant. Statement of Facts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The proposed defendant shall be allowed 15 days after service,
				  within which to appear and show cause in accordance with the provisions of Section
				  2(c), if the notice be
				  served within the county in which the proceeding is to be brought, and 20 days if
				  served elsewhere. A shorter time may and will be prescribed by the Attorney General
				  in special cases or upon a showing of good cause therefor. An extension of the
				  period for appearance herein limited may be granted by stipulation between the
				  relator and the proposed defendant if filed with the Attorney General, and may be
				  granted by the Attorney General upon a showing of good cause therefor. Any statement
				  of facts filed by the proposed defendant shall be verified in like manner as the
				  proposed complaint.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 4 - Reply of Relator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The relator shall then be allowed 10 days (or such further time as
				  may be granted by stipulation filed with the Attorney General, or upon a showing of
				  good cause therefor), in which to reply to the showing thus made by the proposed
				  defendant.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 5 - Proof of Service

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Proof or admission of service must accompany all papers submitted
				  to the Attorney General under Sections
				  2,
				  3 and
				  4.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 6 - Undertaking; Sureties; Issuance of Leave to Sue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the application for "leave to sue" be granted, the relator
				  must, within 10 days after receiving notice of such action (unless further time be
				  granted), present to the Attorney General an undertaking executed to the State of
				  California in the sum of $500, to the effect that the relator will pay any judgment
				  for costs or damages that may be recovered against the plaintiff, and all costs and
				  expenses incurred in the prosecution of the proceeding in which such "leave to sue"
				  is granted. The sureties upon the undertaking shall be approved by the Attorney
				  General.
Upon receipt and approval of said undertaking, the Attorney
				  General will transmit to the relator, in writing, "leave to sue" in the name of the
				  people, which "leave to sue" shall be filed with the clerk of the court
				  simultaneously with the filing of the complaint.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 7 - Complaint

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The complaint filed in the proceeding shall be the proposed
				  complaint herein before referred to, changed or amended as the Attorney General
				  shall suggest or direct, and the relator shall not thereafter in any way change,
				  amend or alter the said complaint without the approval of the Attorney
				  General.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 8 - Control by Attorney General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Attorney General may at all times, at any and every stage of
				  the said proceeding, withdraw, discontinue or dismiss the same, as the Attorney
				  General may seem fit and proper; or may, at the Attorney General's option, assume
				  the management of said proceeding at any stage thereof.
1. Change without
				  regulatory effect amending section filed 12-6-2021 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2021, No. 50).
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 9 - Notices to Attorney General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The relator must immediately inform the Attorney General of the
				  date of the filing of the complaint, and of the court number thereof, and shall
				  thereafter notify the Attorney General, without delay, of every proceeding had,
				  motion made, paper filed, or thing done in the proceeding, or in relation thereto,
				  and must send to the Attorney General promptly a copy of every paper or document
				  filed by any of the parties to the proceeding, including the judgment; and when
				  service of any paper in said proceeding is made on the relator by the opposing party
				  the relator shall secure an additional copy of such paper, which additional copy
				  shall be at once forwarded to the Attorney General.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 10 - When Leave to Sue Issued Forthwith

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In special cases and upon a sufficient showing of urgent
				  necessity, "leave to sue" will issue forthwith upon the filing of showing and
				  undertaking required by Sections
				  2 and
				  6, upon condition that the defendant
				  may thereafter show cause and that the right of the relator to maintain and
				  prosecute such proceeding shall be thereafter determined.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 11 - Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that the judgment of the trial court shall be adverse
				  to the relator, no appeal therefrom shall be taken without first securing the
				  approval of the Attorney General.
California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 1 - Regulations Governing Proceedings in the Nature of Quo Warranto › Section 20

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The
				  adopted version of this section by
				  Register
				  2022, No. 10, effective 3/31/2022 is not yet
				  available.