reglab/statecodes huggingface dataset:
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 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2708.1-1 - Filing a Claim for Reduced Disability Benefits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When, under Section
						  2629 of the code, an individual is
						  entitled to receive disability benefits reduced by the amount of temporary
						  disability indemnity received for any day, it shall not be necessary that the
						  first claim for disability benefits be supported by the certificate of a
						  physician as required by Section
						  2708 of the code to receive the
						  reduced amount of disability benefits for such day, only if the claimant meets
						  all of the following requirements:
(1) He or
						  she files a valid claim in accordance with the provisions of the code and
						  authorized regulations, except as provided in Section
						  2708.1 of the code.
(2) He or she furnishes the department a
						  written certification which states both of the following:
(A) The name and address of the physician
						  attending the claimant for his industrial injury.
(B) The date he or she was first examined by
						  or came under the care of a physician or practitioner for the continuous period
						  of unemployment and disability.
(3) He or she certifies, to the best of his
						  or her knowledge and belief, on a form furnished by the department for each
						  continued claim for disability benefits, as the evidence which is prescribed
						  under Section
						  2708.1 of the code, that he or she
						  has received or is entitled to receive temporary disability indemnity for the
						  days covered by the continued claim.
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 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2710-1 - Filing a Claim for Additional Benefits During Hospital Confinement. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment filed 12-22-59; designated effective 1-1-60 (Register 59, No.
							 22).
2. Amendment filed 11-20-67; designated effective 11-30-67
							 (Register 67, No. 47.)
3. Repealer filed 4-1-82; effective thirtieth
							 day thereafter (Register 82, No. 14).
Note: Authority cited: Sections
								305,
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Sections
								2710,
								2627
								and
								2803,
								Unemployment Insurance Code.
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 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2711-1 - Payment of Additional Benefits to a Hospital. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21).
							 See history note to §
														125-1.
2. Repealer
							 filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
							 14).
Note: Authority cited: Sections
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Sections
								2711
								and
								2801,
								Unemployment Insurance Code.
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 2 - Disability Benefits › Article 4 - Filing, Determination and Payment of Disability Benefit Claims › Section 2712-1 - Dispute Between Department and a Voluntary Plan Where Claim Filed with the Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
						  If an individual files a claim for disability benefits or Family Temporary
						  Disability Insurance benefits with the department and the department determines
						  that the claimant is eligible for benefits, but that such benefits are payable
						  from a voluntary plan and not from the Disability Fund, the department shall
						  immediately forward a copy of the claim and any medical and other records
						  relating thereto to the voluntary plan insurer, or employer if it be a
						  self-insured plan, with a request that benefits be paid from the voluntary
						  plan. If any payment has been made from the Disability Fund, a statement of
						  such payments and a request for reimbursement shall also be forwarded with the
						  copy of the claim. If the voluntary plan insurer or self-insurer concedes
						  coverage and eligibility, prompt reimbursement shall be made to the Disability
						  Fund and the claimant shall be promptly paid the accumulated excess of
						  benefits, if any, to which he or she is entitled. If the voluntary plan insurer
						  or self-insurer denies coverage, it shall immediately so notify the department
						  and the claimant in writing, giving its reason for the denial and, in such
						  event, the department shall immediately pay benefits under the claim.
(b) If a voluntary plan insurer or
						  self-insurer fails to give notice of acceptance or denial of coverage within
						  twenty-five (25) days after a copy of the claim is mailed or delivered to it,
						  as provided in subdivision (a) of this section, such failure shall be deemed to
						  be a denial of coverage, and the department shall immediately pay benefits
						  under the claim.
1. New
							 section filed 3-14-66; designated effective 3-24-66 (Register 66, No.
							 7).
2. Amendment of subsection (a) filed 4-1-82; effective thirtieth
							 day thereafter (Register 82, No. 14).
3. Amendment of subsection (a)
							 filed 7-1-2004 as an emergency; operative 7-1-2004 (Register 2004, No. 27). A
							 Certificate of Compliance must be transmitted to OAL by 10-29-2004 or emergency
							 language will be repealed by operation of law on the following
							 day.
4. Certificate of Compliance as to 7-1-2004 order transmitted
							 to OAL 10-25-2004 and filed 12-2-2004 (Register 2004, No.
							 49).
Note: Authority cited: Sections
								305,
								306
								and
								2602,
								Unemployment Insurance Code. Reference: Section
								2712,
								Unemployment Insurance Code.
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 2 - Disability Benefits › Article 5 - OVERPAYMENTS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
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 2 - Disability Benefits › Article 6 - RIGHTS OF TRAINEES › Section 2768-1 - Re-Establishment of Balances -Affidavit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the records relating to a trainee
						  claim have been destroyed under proper approval, the trainee shall execute the
						  affidavit provided for in Section
						  2768 of the code. The affidavit
						  shall be on a form prescribed by the department and shall specify:
(1) The date of the prior claim establishing
						  the disability benefit year which was current at the time of induction into the
						  armed forces.
(2) The weekly rate
						  and the maximum benefit amount under the prior claim, or information with
						  respect to the approximate wages paid him or her by employers in employment
						  prior to his or her induction into the armed forces.
(3) The amount of basic and additional
						  benefits paid and the periods for which benefits were claimed under the prior
						  claim.
(4) The department office
						  where the prior claim was filed.
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 2 - Disability Benefits › Article 6 - RIGHTS OF TRAINEES › Section 2770-1 - Affidavit for New Disability Insurance Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the wage records relating to a trainee
						  claim have been destroyed under proper approval, the trainee shall execute the
						  affidavit provided for in Section
						  2770 of the code. The affidavit
						  shall be on a form prescribed by the department and shall specify the names and
						  the addresses of the employers of the trainee during the six calendar quarters
						  immediately preceding the date of induction into the armed forces, and the
						  approximate wages paid to the trainee by each of such employers in each of such
						  calendar quarters.
(b) If a trainee
						  is unable to furnish in an affidavit the detail specified by this section, the
						  department shall establish the amount of wages based on the information
						  furnished by an affidavit in substantial compliance with this section. The
						  department may verify such information with the trainee's prior
						  employers.
1. New
							 section filed 12-21-55; designated effective 12-31-55 (Register 55, No.
							 18).
2. New NOTE 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
								2770,
								Unemployment Insurance Code.
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 2 - Disability Benefits › Article 7 - RIGHTS OF INDUSTRIALLY DISABLED PERSONS › Section 2777-1 - Affidavit for New Disability Insurance Claims

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the wage records relating to a claim
						  of an industrially disabled person have been destroyed under proper approval,
						  the industrially disabled person shall execute the affidavit provided for in
						  Section 2777 of the code. The affidavit
						  shall be on a form prescribed by the department and shall specify the names and
						  the addresses of the employers of the industrially disabled person during the
						  calendar quarters immediately preceding the commencement of his or her
						  industrial disability which are substituted for any quarters excluded from the
						  disability base period, and the approximate wages paid to the industrially
						  disabled person by each of such employers in each of such calendar
						  quarters.
(b) If an industrially
						  disabled person is unable to furnish in an affidavit the detail specified by
						  this section, the department shall establish the amount of wages based on the
						  information furnished by an affidavit in substantial compliance with this
						  section. The department may verify such information with the industrially
						  disabled person's prior employers.
1. New
							 section filed 2-8-74; effective thirtieth day thereafter (Register 74, No.
							 6).
2. Amendment of subsection (a) 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
								2777,
								Unemployment Insurance Code.
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 3.5 - PRORATED BENEFITS › Section 2851-1 - Disability Benefit Payments to Be Prorated. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 12-22-59; designated effective 1-1-60 (Register 59, No.
						  22).
2. Repealer filed 3-14-66; designated effective 3-24-66
						  (Register 66, No. 7).
Note: Authority cited: Sections
							 305,
							 306,
							 1088
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 2801,
							 Unemployment Insurance Code.
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 5 - FINANCIAL PROVISIONS › Article 1 - DISABILITY FUND › Section 3012-1 - Disability Benefit Payments to the Unemployed and Noncovered

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of Section
							 3012 of the code a period of
							 disability shall be deemed to commence after employment has terminated if it
							 commences
(1) after termination of the
						  employer-employee relationship as defined by subdivisions (a)(5) and (b) of
						  Section 3254-3 of these regulations
						  or
(2) after a leave of absence
						  without pay or a layoff without pay as defined by subdivisions (a)(6) and (b)
						  of Section
						  3254-3 of these regulations,
						  provided such leave or layoff extended for a period of fifteen (15) full days
						  before the disability commenced.
For the purposes of this section such a period of
							 disability is deemed to commence at the time an individual becomes unemployed
							 due to inability to perform his or her regular or customary work because of a
							 mental or physical condition, even though benefits may not be payable during
							 all of such period.
1. New
							 section filed 11-4-61; designated effective 11-14-61 (Register 61, No.
							 22).
2. Amendment filed 4-1-82; effective thirtieth day thereafter
							 (Register 82, No 14).
3. Amendment of subsections (1) and (2) filed
							 3-17-89 as an emergency; operative 3-17-89 (Register 89, No. 12). A Certificate
							 of Compliance must be transmitted to OAL within 10 days or emergency language
							 will be repealed on 7-17-89.
4. Certificate of Compliance including
							 amendment as to 3-17-89 order transmitted to OAL 7-14-89 and filed 8-14-89
							 (Register 89, No. 33).
Note: Authority cited: Sections
								305
								and
								306,
								Unemployment Insurance Code. Reference: Sections
								2602
								and
								3012,
								Unemployment Insurance Code.
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 5 - FINANCIAL PROVISIONS › Article 2 - DISABILITY ADMINISTRATION ACCOUNT

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
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 5 - FINANCIAL PROVISIONS › Article 3 - DISABILITY BENEFIT PAYMENT ACCOUNT

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
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 5 - FINANCIAL PROVISIONS › Article 4 - EXTENDED LIABILITY ACCOUNT › Section 3101-1 - Disability Benefit Payments to Be Charged to the Extended Liability Account. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
							 Amendment filed 12-22-59; designated effective 1-1-60 (Register 59, No.
							 22).
2. Repealer filed 3-14-66; designated effective 3-24-66
							 (Register 66, No. 7).[FN*]
Section
							 3101-1 shall be inoperative during
							 the calendar years 1959, 1960, and 1961. (See Section
							 3105,
							 Unemployment Insurance Code.)
Note: Additional authority cited: Sections
								305
								and
								1088,
								Unemployment Insurance Code. Reference: Sections
								3101,
								3102,
								3103,
								3104
								and
								3105,
								Unemployment Insurance Code.
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 5 - FINANCIAL PROVISIONS › Article 5 - INVESTMENTS IN BUILDINGS

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(No regulations adopted)
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 3251-1 - Application for Approval of a Voluntary Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An employer or a majority of the
						employees employed in this state by an employer, or both, may apply to the
						department for approval of a voluntary plan for the payment of disability
						benefits to the employees so electing. Such applications shall be submitted in
						such manner and on such forms as may be prescribed by the department and must
						be filed with the department not later than the requested effective date of the
						plan, which time may be extended by the department not to exceed a period of
						seven days and provided the insurer or self-insurer submits evidence of
						assumption of the risk as of the requested effective date.
(b) The employer or a group of employees may
						appoint an admitted insurer or any other person, group or association to act as
						a representative in matters relating to the voluntary plan; provided, however,
						that such appointment shall not deprive the employer, the group of employees or
						any individual employee, or any such employee's duly authorized representative
						of the right of self-representation before the department.
(c) As used in this part the term "disability
						benefits" means "unemployment compensation disability benefits" as the latter
						term is defined in Section
						140.5 of the code. Unless clearly
						otherwise provided in the code or this part the provisions of the code and of
						this part applying to the rights of individuals eligible for disability
						benefits payable from the Disability Fund are equally applicable to disability
						benefits payable under a voluntary plan.
1.
						  Amendment of subsections (a) and (b) 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
							 3251,
							 Unemployment Insurance Code.
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 3254-2 - General Provisions for a Voluntary Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
(1) A
						voluntary plan shall be made available to all California employees employed by
						the employer or all such employees employed in the separate establishment of
						the employer without restrictions or exclusions, except that the plan need not
						be made available to:
(A) Any employee in
						partial or short-time employment if
(i) he or
						she is customarily employed less than half of the time during the workweek
						or
(ii) he or she has been hired
						for a period not expected to exceed two weeks.
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(i)-1 - Risks Adverse to the Disability Fund. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						  section filed 11-4-61 as a renumbering and amendment of former Section
						  3254(h) -
						  1. Appeal filed with California
						  Unemployment Insurance Appeals Board; section refiled 4-13-62, designated
						  effective 4-23-62 (Register 62, No. 7).
2. Editorial correction
						  (Register 62, No. 12).
3. Repealer filed 11-20-67; designated
						  effective 11-30-67 (Register 67, No. 47).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 3254,
							 Unemployment Insurance Code.
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(i)-2 - Risks Adverse to the Disability Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Approval of a voluntary plan or a group
						of voluntary plans underwritten by an admitted disability insurer shall not be
						given if the approval would result in a substantial selection of risks adverse
						to the Disability Fund.
(b) For the
						purposes of this section the following apply:
(1) The age of the employees or claimants may
						be either the age in years regardless of the nearest birthday or the age in
						years to the nearest birthday.
(2)
						"Wages" includes all wages as defined in Section
						940 of the code.
(3) "State average annual wage" means the
						wage based on multiplying by 52, the current state average weekly wage amount
						determined by the United States Department of Labor for the State of
						California.
(4) "Calendar year"
						means any 12-month period from January 1 through the succeeding December
						31.
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 › Table 1 - Examples Related to Standards for Approval - Admitted Disability Insurer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Item
Wages
Qualifier
Source
(1)
State Average Weekly
								  Wage
$830.88
U.S. Dept. of Labor for the State of
								  CA1
(2)
Multiplier to Annualize Weekly
								  Wages
52
Number of weeks in a year
(3)
Annualized State Average
								  Wage
$43,205.76
Item (1) multiplied by Item (2)
(4)
Multiplier for Annualized State
								  Average Wage
70%
California Code of Regulations (CCR), Title
								  222, Section
								  3254(i) -
								  2(c)(3)
(5)
Annual Wage
								  Threshold (Standard for
								  Approval)
$30,244.03
Item (3)
								  multiplied by Item (4)
(6)
Annual Percentage of California
								  Employees Earning Below the Annual Wage
								  Threshold
55.0%
Employment Development Department
(7)
Multiplier for Employment Below the
								  Annual Wage Threshold
93.0%
CCR Section
								  3254(i) -
								  2(c)(3)
(8)
Minimum Percentage
								  for Employment Below the Annual Wage Threshold (Standard for
								  Approval)
51.2%
Item (6) multiplied
								  by Item (7)
Item
Gender
Qualifier
Source
(9)
Annual Average Percentage of
								  California Female Employees
47.0%
U.S. Dept. of Labor for the
								  State of CA1
(10)
Multiplier for Minimum Employment
								  Percentage of Female Employees
95.0%
CCR Section
								  3254(i) -
								  2(c)(1)
(11)
Minimum
								  Percentage of Employment - Female Employees (Standard for
								  Approval)
44.7%
Item (9) multiplied
								  by Item (10)
Item
Age
Qualifier
Source
(12)
Annual Average Percentage of
								  California Employees Aged 50 Years and Older
23.0%
U.S. Dept.
								  of Labor for the State of CA1
(13)
Multiplier for Minimum Employment
								  Percentage of Employees Aged 50 Years and Older
90.0%
CCR
								  Section 3254(i) -
								  2(c)(2)
(14)
Minimum
								  Percentage of Employment - Employees Aged 50 Years and Older (Standard for
								  Approval)
20.7%
Item (12) multiplied
								  by Item (13)
1 Figures
								  are for illustrative purposes and do not necessarily conform to actual
								  statistics for California employment.
2 All
								  further references in these three tables are to Title 22 of the California Code
								  of Regulations.
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 › Table 2 - Insurer Application #1

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Item
Employer
								  Statistics - As Required by CCR Section
								  3254(i) -
								  2(e)
(15)
Total number of employees eligible
								  to be covered
100,000
(16)
Total number of consenting employees
								  eligible to be covered
80,000
(17)
Number of female employees eligible
								  to be covered
55,000
(18)
Number of male employees eligible to
								  be covered
45,000
(19)
Number of employees aged 50 and
								  older eligible to be covered
22,000
(20)
Number of employees paid less than
								  the Annual Wage Threshold eligible to be covered
60,000
Item
Wage
								  Test
Qualifier
Source
(21)
Percentage of Employees Earning
								  Below the Annual Wage Threshold
60.0%
Item (20) divided by Item
								  (15)
(22)
Minimum Percentage for Employment
								  Below the Annual Wage Threshold
51.2%
Determined by Item (8),
								  Table 1
(23)
Pass/Fail
								  (Standard for Approval)
PASS
If Item
								  (21) is equal to or more than Item (22) then PASS
Item
Gender
Qualifier
Source
(24)
Percentage of Female
								  Employees
55.0%
Item (17) divided by Item (15)
(25)
Minimum Percentage of Employment -
								  Female Employees
44.7%
Determined by Item (11), Table 1
(26)
Pass/Fail
								  (Standard for Approval)
PASS
If Item
								  (24) is equal to or more than Item (25) then PASS
Item
Age
Qualifier
Source
(27)
Percentage of Employment - Employees
								  Aged 50 Years and Older
22.0%
Item (19) divided by Item
								  (15)
(28)
Minimum Percentage of Employment -
								  Employees Aged 50 Years and Older
20.7%
Determined by Item
								  (14), Table 1
(29)
Pass/Fail
								  (Standard for Approval)
PASS
If Item
								  (27) is equal to or more than Item (28) then PASS
Overall
								  Qualification
PASS
Based
								  on passing Items (23), (26) & (29)
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 › Table 3 - Insurer Application #2

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Item
Employer
								  Statistics - As Required by CCR Section
								  3254(i) -
								  2(e)
(15)
Total number of employees eligible
								  to be covered
500,000
(16)
Total number of consenting employees
								  eligible to be covered
300,000
(17)
Number of female employees eligible
								  to be covered
240,000
(18)
Number of male employees eligible to
								  be covered
260,000
(19)
Number of employees aged 50 and
								  older eligible to be covered
95,000
(20)
Number of employees paid less than
								  the Annual Wage Threshold eligible to be covered
300,000
Item
Wage
								  Test
Qualifier
Source
(21)
Percentage of Employees Earning
								  Below the Annual Wage Threshold
60.0%
Item (20) divided by Item
								  (15)
(22)
Minimum Percentage for Employment
								  Below the Annual Wage Threshold
51.2%
Determined by Item (8),
								  Table 1
(23)
Pass/Fail
								  (Standard for Approval)
PASS
If Item
								  (21) is equal to or more than Item (22) then PASS
Item
Gender
Qualifier
Source
(24)
Percentage of Female
								  Employees
48.0%
Item (17) divided by Item (15)
(25)
Minimum Percentage of Employment -
								  Female Employees
44.7%
Determined by Item (11), Table 1
(26)
Pass/Fail
								  (Standard for Approval)
PASS
If Item
								  (24) is equal to or more than Item (25) then PASS
Item
Age
Qualifier
Source
(27)
Percentage of Employment - Employees
								  Aged 50 Years and Older
19.0%
Item (19) divided by Item
								  (15)
(28)
Minimum Percentage of Employment -
								  Employees Aged 50 Years and Older
20.7%
Determined by Item
								  (14), Table 1
(29)
Pass/Fail
								  (Standard for Approval)
FAIL
If Item
								  (27) is equal to or more than Item (28) then PASS
Overall
								  Qualification
FAIL
Based
								  on failing Age Criteria Item (29)
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 3257-1 - Application for Approval of Blanketing-In

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When 85 percent of the eligible employees have
						  consented, in writing or by electronic mail, at the employee's option, if
						  electronic means are available, to be covered under a voluntary plan, the
						  employer, or 75 percent of the employees who have consented to the plan, may
						  elect to have the plan apply to all employees when the following provisions
						  have been met:
(a) If the form of the
						notice to be posted and circulated, the written notice form and written
						statement form to new employees have previously been approved by the
						department:
(1) The notice to the department
						of such election by the employer or 75 percent of his or her employees shall be
						filed not later than the effective date, which time may be extended by the
						department not to exceed a period of seven (7) days, provided the insurer, or
						self-insurer, submits evidence of assumption of the risk as of the effective
						date.
(2) Such notice shall contain
						a certification by the employer that:
1.
						On____________________(Date) there were a total
						of______________________________eligible employees in employment of which
						____________________ consented in writing or by electronic mail, at the
						employee's option, if electronic means are available.
2. A notice approved by the department has
						been or will be posted and circulated on ____________________(Date) for the
						attention of all employees who have not previously consented in writing or by
						electronic mail, at the employee's option, if electronic means are available,
						to the plan, and that they will be deemed to have elected coverage on
						____________________(Date) except those who have rejected in writing. The
						notice has been or will be posted at such places on the premises of the
						employer that are usually used to post information for the employees.
3. All new eligible employees employed after
						the date plan deemed applicable to all will be furnished with such written
						notice form and written statement form, and all such employees will be covered
						by the plan except those rejecting in writing.
4. The consent records in (2)1. above and
						rejection records in (2)2. and 3. above will be maintained for inspection by
						the department for a period of four (4) years unless in a particular case a
						shorter period of time is approved by the
						department.
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 3258-1 - Self-Insured Plans-Security

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The security required of a self-insurer
						shall be in the form of a cash deposit, bearer bonds issued or guaranteed by
						the United States of America, or issued by this State or the bond of an
						admitted surety insurer. The amount of the security in excess of the minimum
						required by the code shall be determined by the department upon the basis of
						the number of employees involved, the size of the pay roll, the class of risks
						contemplated, the financial standing of the employer and any additional factors
						which the department may deem proper. The department may at any time
						re-evaluate the amount of security to ascertain whether the amount is adequate
						to meet the obligations of the self-insured plan.
(b) The security provided for in this section
						shall be applied by the department to the payment of any unpaid obligations
						under the plan. Upon withdrawal of a self-insured plan pursuant to Section
						3254(g) or
						Section 3255(g) of the
						code, or upon termination of a plan pursuant to Section
						3262-1 of these regulations, the
						department shall retain the security theretofore deposited. Upon the withdrawal
						or termination of the self-insured plan, the department may retain the security
						for up to 36 months after termination/withdrawal of the plan, to ensure that
						all benefit claims have been paid in accordance with the code. During the
						retention period, the department may collect the unpaid amount of any
						assessment against the employer out of the security on deposit, or may demand
						payment from the surety insurer. Any security remaining after payment shall be
						returned to the employer or his or her legal representative or his or her
						assignee. The surety insurer which pays the amount demanded shall thereupon be
						discharged of its obligation under the bond. The department may make a partial
						return of the security at an earlier date if it finds that the security is in
						excess of that required.
1.
						  Amendment filed 11-20-67; designated effective 11-30-67 (Register 67, No.
						  47).
2. Amendment of subsection (b) filed 4-1-82; effective
						  thirtieth day thereafter (Register 82, No. 14).
3. Amendment of
						  subsection (b) filed 11-9-2004; operative 12-9-2004 (Register 2004, No.
						  46).
4. Amendment of subsection (b) and NOTE filed 9-26-2008;
						  operative 10-26-2008 (Register 2008, No. 39).
Note: Authority cited: Sections
							 305
							 and
							 306,
							 Unemployment Insurance Code. Reference: Sections
							 3254,
							 3255
							 and
							 3258,
							 Unemployment Insurance Code.
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 3258-2 - Letter of Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
						irrevocable standby letter of credit may be accepted by the Director of the
						Employment Development Department (Director) as all or part of the security
						deposit for a voluntary plan employer (employer). An irrevocable standby letter
						of credit is a letter of credit that represents an obligation on the part of
						the issuing bank to a designated beneficiary contingent upon the failure of the
						issuing bank's customer to perform under the terms of the underlying contract
						with the beneficiary. The letter of credit obligates the bank to guarantee or
						stand as surety for the benefit of a third party. The employer shall be
						responsible to accurately complete and sign a form, the same or similar to, the
						"Model, Letter of Credit", herein incorporated by reference.
(b) Irrevocable letters of credit shall be
						issued by and payable at any branch of the issuing bank or savings institution
						in the continental United States, Alaska or Hawaii. The issuing bank or savings
						institution may be:
(1) A State of California
						chartered bank or savings institution; or
(2) A federally chartered bank or savings
						institution; or
(3) Any other
						foreign or domestic bank or savings institution; or
(4) A group (syndication) of domestic or
						foreign banks or savings institutions.
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 3259-1 - Refunds of Employee Contributions Recoverable from Voluntary Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Amendment filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21).
						  See history note to §
													125-1.
2. Repealer
						  filed 11-20-67; designated effective 11-30-67 (Register 67, No.
						  47).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Sections
							 3259
							 and
							 3266,
							 Unemployment Insurance Code.
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 3261-1 - Maintenance of Excess Employee Contributions by Voluntary Plans

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All employee
						contributions received by an employer under an approved voluntary plan and
						income arising from the employee contributions are trust funds. These funds are
						not part of the employer's assets and must be identified as an asset belonging
						to the employees covered under the voluntary plan. The employee trust funds
						shall be maintained in a financial institution as defined in §
												4981(a)(2)
						of the California Financial Code, in an account opened in the name of the
						voluntary plan employer; the account must show the monies deposited as,
						"Employee CUIC 3261 Trust Monies." The term financial institution means a
						depository institution that can be any one of the following:
(1) Any insured bank as defined in §
													3 of the Federal Deposit Insurance
						Act (12 U.S.C. §
														1811 et seq.) or any bank which is eligible
						to make application to become an insured bank under §
													5 of the act.
(2) A mutual savings bank as defined in
						§
													3 of the Federal Deposit Insurance
						Act (12 U.S.C. §
														1811 et seq.) or any bank which is eligible
						to make application to become an insured bank under §
													5 of the act.
(3) A savings bank as defined in §
													3 of the Federal Deposit Insurance
						Act (12 U.S.C. §
														1811 et seq.) or any bank which is eligible
						to make application to become an insured bank under §
													5 of the act.
(4) An insured credit union as defined in
						§
													101 of the Federal Credit Union
						Act (12 U.S.C. §
														1751 et seq.) or any credit union which is
						eligible to make applications to become an insured credit union pursuant to
						§
													201 of that act.
(5) Any member as defined in §
													2 of the Federal Home Loan Bank
						Act (12 U.S.C. §
														1421 et seq.).
(6) Any savings association as defined in
						§
													3 of the Federal Deposit Insurance
						Act (12 U.S.C. §
														1811, et seq.) which is an insured depository
						institution as defined in the act or is eligible to apply to become an insured
						depository institution under the act.
An insured voluntary plan employer shall only transmit
						  to the admitted disability insurer voluntary plan trust funds, including earned
						  interest or income, in amounts necessary to pay the premiums charged by the
						  admitted disability insurer. Any accumulated excess employee contributions over
						  and above the net cost of premiums, after premium dividends or experience rate
						  credit shall be maintained in a depository
						  institution.
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 3262-1 - Termination of a Voluntary Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Director of Employment Development
						may terminate any voluntary plan if there has been a failure to comply with the
						terms and conditions of the plan such as substantial failure to pay benefits
						promptly when due; or, in the case of an insured plan, upon notification of the
						termination of the policy of insurance; or that fewer than a majority of the
						admissible employees remain covered by the plan; or for other good cause. The
						notice of intention to terminate a plan shall include a statement of the right
						to appeal to the Appeals Board. The notice shall state the effective date and
						the reason for the termination. Contributions with respect to wages paid on or
						after the date of termination shall be paid to the Disability Fund in
						accordance with the provisions of Sections
						2901-2903 of the code.
(b) All employee monies maintained in the
						account described in Section
						3261-1 of these regulations and,
						in addition, monies paid by the employer, money owed to the voluntary plan by
						the employer, but not yet paid to the plan, and any interest accrued on all
						these monies, shall be remitted to the department on the effective date of the
						termination of the voluntary plan as provided in subdivision (a). The monies
						received by the department will be deposited into the Disability
						Fund.
(c) The claim documents and
						payment records of individuals whose payments were affected by subdivision (b)
						shall be forwarded to the department on the effective date of the termination
						of the voluntary plan.
(d)
						Disability benefits, with respect to disabilities which commenced prior to the
						termination date for which proper payment had not been made under the voluntary
						plan, shall be paid from the Disability Fund in accordance with Part 2
						(commencing with Section
						2625) of the code to otherwise
						eligible individuals previously covered by the plan. These payments shall be
						recovered from the monies remitted to the department in accordance with
						subdivision (b), Section
						3262 of the code, or by
						assessments as provided in Sections
						1126-1136 of the code.
1.
						  Amendment filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21).
						  See history note to §
													125-1.
2. Amendment
						  filed 4-1-82; effective thirtieth day thereafter (Register 82, No.
						  14).
3. Amendment of section heading and section filed 11-9-2004;
						  operative 12-9-2004 (Register 2004, No. 46).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 3262,
							 Unemployment Insurance Code.
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 3262-2 - Appeals Board Decision of Department Termination of Voluntary Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
						Appeals Board decision is sent to an appellant from an appeal filed in
						accordance with subdivision (e), Section
						3262 of the code, one of the
						following actions shall be implemented:
(1)
						If the Appeals Board affirms the termination of the voluntary plan, the
						department shall continue the payments described in subdivision (d) of Section
						3262-1 of these regulations,
						or
(2) If the Appeals Board
						reverses the department's termination of the voluntary plan, the department
						will return the claim documents described in subdivision (c) of Section
						3262-1 of these regulations to the
						employer. The department will provide the employer, employee group, or insurer
						with a statement describing the payments issued under subdivision (d) of
						Section 3262-1 of these regulations. The
						department's payments shall be recovered from the monies remitted to the
						department in accordance with subdivision (b), Section
						3262 of the code. All remaining
						monies, if any, shall be returned to the employer and any employee monies shall
						be redeposited into the account created in accordance with Section
						3261-1 of these
						regulations.
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 3264-1 - Denials of Benefits to Claimants Under Voluntary Plans. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						  Amendment filed 3-14-66; designated effective March 24, 1966 (Register 66, No.
						  7).
2. Amendment filed 4-1-82; effective thirtieth day thereafter
						  (Register 82, No. 14).
3. Repealer filed 7-23-96; operative 8-22-96
						  (Register 96, No. 30).
Note: Authority cited: Sections
							 305,
							 306
							 and
							 2602,
							 Unemployment Insurance Code. Reference: Section
							 3264,
							 Unemployment Insurance Code.