California Code of Regulations › Title 22 - Social Security › Division 1 - Employment Development Department › Subdivision 1 - Director of Employment Development › Division 1 - Unemployment and Disability Compensation › Part 2 - Disability Compensation › Chapter 6 - VOLUNTARY PLANS › Section 3254-1 - Minimum Required Provisions for a Voluntary Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
To be approved by the department a voluntary plan must
						  meet each of the following minimum provisions and in addition provide to the
						  employees covered thereby rights greater than those provided in Chapter 2 of
						  Part 2 of the code:
(a) Each voluntary
						plan must provide weekly rates of benefit payments such that each individual
						covered may be eligible to a weekly rate equal to or greater than the weekly
						rate for which the individual would be eligible under the Disability Fund but
						for his inclusion in the voluntary plan.
(b) Each voluntary plan must provide to each
						individual covered not less than the same number of disability benefit periods
						to which he would otherwise be entitled under the code and must also provide a
						maximum total amount of benefits such that each individual covered may be
						entitled during a disability benefit period to benefits in a total amount and
						for a maximum period equal to or greater than that which would be payable from
						the Disability Fund but for his or her inclusion in the voluntary
						plan.
(c) No voluntary plan may
						impose restrictions on or exclusions from eligibility for benefits in respect
						to individuals covered by such plans so as to deny benefits which would be
						payable to the individual from the Disability Fund but for his or her inclusion
						in the voluntary plan.
(d) Except
						as provided in Sections
						3254(h) and
						3260 of the code, no voluntary
						plan may require payments by the employees of contributions (including amounts
						designated as premiums) for disability benefits in amounts greater than would
						be required of such individuals if they were covered by the Disability
						Fund.
(e) Each voluntary plan, in
						addition to the other requirements of the code and these regulations, must
						provide for daily accrual of benefits to each individual covered. For each
						uninterrupted period of disability the individual shall receive not less than
						he or she would have received under the Disability Fund for such period of
						disability.
(f) Each employee
						covered by a voluntary plan shall be furnished either an individual certificate
						or a copy of a written or printed statement which the department has found
						accurately and fully states the essential features of the rights and benefits
						(including ineligibility and disqualification provisions) to which the employee
						is entitled under the plan.
(g) The
						voluntary plan shall state the disability insurance benefits provided and the
						contributions payable by the employees separately from those pertaining to
						other benefits (such as medical care, life, hospitalization, etc.), which may
						be offered with the plan.
(h) The
						filing of a claim for unemployment compensation disability benefits under an
						approved voluntary plan shall establish a disability benefit period for
						unemployment compensation disability benefits as provided in the code and this
						part. If an individual is paid disability benefits under a voluntary plan for a
						period with respect to which he or she could not file a valid claim because of
						insufficient wages in his or her base period, the amount of such benefits shall
						not be deducted from the amount of unemployment compensation disability
						benefits to which he or she may be entitled at a later time when his or her
						base period includes sufficient wages to permit him or her to file a valid
						claim for unemployment compensation disability benefits; provided that any
						benefit payment under a voluntary plan during a period of disability shall
						establish a disability benefit period as provided in the code and this part if
						for the day for which such a payment is made the individual at that time has
						sufficient wages in his or her base period to permit the filing of a valid
						claim.
1.
						  Amendment filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21).
						  See history note to §
													125-1.
2. Amendment
						  filed 8-5-60; designated effective 8-15-60 (Register 60, No. 17).
3.
						  Amendment filed 11-4-61; designated effective 11-14-61 (Register 61, No.
						  22).
4. Amendment filed 3-14-66; designated effective 3-24-66
						  (Register 66, No. 7).
5. Amendment filed 4-1-82; effective thirtieth
						  day thereafter (Register 82, No. 14).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 3254,
							 Unemployment Insurance Code.