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 1 - Unemployment Compensation › Chapter 3 - SCOPE OR COVERAGE › Article 4 - ELECTIVE COVERAGE › Section 701-2 - Elective Coverage -Retroactive Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding any other provision of these
							 regulations, if an employing unit or individual has service performed for it or
							 him or her which is not subject to the compulsory coverage provisions of the
							 code, but through error, inadvertence, or other reason, has reported and paid
							 contributions to the Unemployment Fund or Disability Fund, such action:
(a) May be construed at the option of the
						  director and with the consent of the local public entity or school employer
						  authorized to elect coverage pursuant to Section
						  709,
						  710.4 or
						  710.5 of the code as an election
						  by the local public entity or school employer that such nonsubject service
						  become subject to disability insurance coverage under the code as of the
						  commencement of the period to which the contributions relate or for the period
						  to which the contributions relate.
(b) May be construed at the option of the
						  director and with the consent of a public entity authorized to elect
						  unemployment insurance coverage pursuant to Section
						  710 of the code as an election by
						  the public entity that such nonsubject service become subject to unemployment
						  insurance coverage under the code as of the commencement of the period to which
						  the contributions relate or for the period to which the contributions relate.
						  Unless an election is also made by a local public entity or school employer for
						  disability insurance coverage under subdivision (a) of this section, any
						  withheld worker contributions shall be refunded in accordance with these
						  regulations since no election for disability insurance coverage is authorized
						  under Section
						  710 of the code.
(c) May be construed at the option of the
						  director and with the consent of the employing unit or individual authorized to
						  elect coverage pursuant to Section
						  701,
						  702,
						  702.1, or
						  703, or subdivision (a) of Section
						  708 of the code as an election by
						  the employing unit or individual that such nonsubject service become subject to
						  the code as of the commencement of the period to which the contributions relate
						  or for the period to which the contributions relate.
(d) May be construed at the option of the
						  director and with the consent of the employing unit or individual authorized to
						  elect coverage pursuant to Section
						  702.5 or
						  708.5 or subdivision (b) of
						  Section 708 of the code as an election by
						  the employing unit or individual that such nonsubject service become subject to
						  disability insurance coverage under the code as of the commencement of the
						  period to which the contributions relate or for the period to which the
						  contributions relate.
1. New
							 section filed 6-8-72; effective thirtieth day thereafter (Register 72, No.
							 24).
2. Amendment filed 12-18-78; effective thirtieth day thereafter
							 (Register 78, No. 50).
3. Amendment of subsection (a) filed
							 11-20-81; effective thirtieth day thereafter (Register 81, No.
							 47).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								701,
								702,
								702.1,
								702.5,
								703,
								708,
								708.5,
								709,
								710,
								710.4,
								and
								710.5,
								Unemployment Insurance Code.