Section § 3251

Explanation

This law allows either an employer, the majority of their employees, or both to submit a request to the Director of Employment Development for a special plan that voluntarily provides disability benefits to consenting employees. Any benefits given through this plan must be clearly marked as 'unemployment compensation disability benefits' and must be separate from any other benefits.

An employer, a majority of the employees employed in this state of an employer, or both, may apply to the Director of Employment Development for approval of a voluntary plan for the payment of disability benefits to the employees so electing. The benefits payable as indemnification for loss of wages under any voluntary plan shall be separately stated and designated in the plan “unemployment compensation disability benefits” separate and distinct from other benefits, if any.

Section § 3252

Explanation

This law explains the rules for employers and employees regarding contributions to the Disability Fund when an employee is under a voluntary disability plan. Normally, while under a voluntary plan, neither the employer nor the employee needs to contribute. However, the voluntary plan itself must pay 14% of the contributions based on the worker's taxable wages to the Disability Fund each year. Part of these payments will cover administrative costs and refunds related to the voluntary plans.

The law requires these payments to be submitted quarterly, and they become overdue if not paid by the end of that month. Moreover, standard rules for assessing and collecting contributions apply. If changes to the payment rates are necessary, the director must inform the Governor and Legislature.

(a)CA Unemployment Insurance Code § 3252(a) Except as provided by subdivision (b) of this section, neither an employee nor his or her employer shall be liable for the worker contributions required under this division with respect to wages paid by the employer while the employee is covered by an approved voluntary plan.
(b)CA Unemployment Insurance Code § 3252(b) Each voluntary plan shall pay to the department for the Disability Fund 14 percent of the product obtained by multiplying the rate of worker contributions, as determined in Section 984, by the amount of the taxable wages paid to employees covered by the voluntary plan for disability benefit coverage for each calendar year. Such payments shall not constitute a part of the voluntary plan premium for purposes of any tax under any provision of law. Payments under this section shall be deposited in the Disability Fund.
(c)CA Unemployment Insurance Code § 3252(c) The payments made under subdivision (b) of this section in excess of the credit to the unemployed disabled account made pursuant to Section 3012 shall reimburse the Disability Fund for the amounts paid for administrative costs arising out of voluntary plans as determined pursuant to Section 3269, and the aggregate amount paid as refunds and credits made to employees applicable to voluntary plans pursuant to Section 1176 as determined pursuant to Section 3266.
(d)CA Unemployment Insurance Code § 3252(d) Each voluntary plan shall file with the director within the time required for payments under subdivision (e) of this section, a return containing the employer’s business name, address, and account number, and such other information as the director shall prescribe. The director shall prescribe the form for the return.
(e)CA Unemployment Insurance Code § 3252(e) Payments required under this section are due and payable on the first day of the calendar month following the close of each calendar quarter and shall become delinquent if not paid on or before the last day of such month.
(f)CA Unemployment Insurance Code § 3252(f) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of this division with respect to the assessment of contributions and the provisions of Chapter 7 (commencing with Section 1701) of Part 1 of this division with respect to the collection of contributions shall apply to payments required by this section.
(g)CA Unemployment Insurance Code § 3252(g) Whenever the director believes that a change in the percentage rate of payment specified in subdivision (b) may be necessary, he or she shall inform the Governor and the Legislature thereof and make recommendations accordingly.

Section § 3253

Explanation

If an employee is covered by an approved voluntary plan when they start a period of disability, they can't get benefits from the state's Disability Fund. Instead, the benefits must be paid by the voluntary plan. This rule applies even if the employee develops new health issues during their disability period. The Director of Employment Development will make rules for people who are covered by both a voluntary plan and the Disability Fund at the same time.

Except as provided in this part, an employee covered by an approved voluntary plan at the commencement of a disability benefit period shall not be entitled to benefits from the Disability Fund. Benefits payable to that employee shall be the liability of the approved voluntary plan under which the employee was covered at the commencement of the disability benefit period, regardless of any subsequent disabling condition which may occur during that disability benefit period. The Director of Employment Development shall prescribe authorized regulations to allow benefits to individuals simultaneously covered by one or more approved voluntary plans and the Disability Fund.

Section § 3254

Explanation

This law explains when a voluntary employee benefits plan can be approved by the Director of Employment Development. The plan must offer better employee rights than standard state benefits, be available to all of an employer's workers in California or at a specific site, and have consent from the majority of those workers. It should provide for future employees, have employer agreement on deductions, and be filed for at least a year. If it offers insurance, the policy must be approved by the Insurance Commissioner and offered by an authorized insurer. Changes to the plan or its withdrawal need proper notice, especially if related to changes in benefits or worker contributions. Additionally, wage deductions can't be increased more than once a year, unless legally allowed otherwise, and the plan can’t negatively affect the state Disability Fund.

The Director of Employment Development shall approve any voluntary plan, except one filed pursuant to Section 3255, as to which he or she finds that there is at least one employee in employment and all of the following exist:
(a)CA Unemployment Insurance Code § 3254(a) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625), including those provided for in Chapter 7 (commencing with Section 3300).
(b)CA Unemployment Insurance Code § 3254(b) The plan has been made available to all of the employees of the employer employed in this state or to all employees at any one distinct, separate establishment maintained by the employer in this state. “Employees” as used in this subdivision includes those individuals in partial or other forms of short-time employment and employees not in employment as the Director of Employment Development shall prescribe by authorized regulations.
(c)CA Unemployment Insurance Code § 3254(c) A majority of the employees of the employer employed in this state or a majority of the employees employed at any one distinct, separate establishment maintained by the employer in this state have consented to the plan.
(d)CA Unemployment Insurance Code § 3254(d) If the plan provides for insurance the form of the insurance policies to be issued have been approved by the Insurance Commissioner and are to be issued by an admitted disability insurer.
(e)CA Unemployment Insurance Code § 3254(e) The employer has consented to the plan and has agreed to make the payroll deductions required, if any, and transmit the proceeds to the plan insurer, if any.
(f)CA Unemployment Insurance Code § 3254(f) The plan provides for the inclusion of future employees.
(g)CA Unemployment Insurance Code § 3254(g) The plan will be in effect for a period of not less than one year and, thereafter, continuously unless the Director of Employment Development finds that the employer or a majority of its employees employed in this state covered by the plan have given notice of withdrawal from the plan. The notice shall be filed in writing with the Director of Employment Development and shall be effective only on the anniversary of the effective date of the plan next following the filing of the notice, but in any event not less than 30 days from the time of the filing of the notice; except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on the 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change.
(h)CA Unemployment Insurance Code § 3254(h) The amount of deductions from the wages of an employee in effect for any plan shall not be increased on other than an anniversary of the effective date of the plan except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect.
(i)CA Unemployment Insurance Code § 3254(i) The approval of the plan or plans will not result in a substantial selection of risks adverse to the Disability Fund.

Section § 3254.1

Explanation

This section outlines the requirements for small-business-third-party administrators (SBTPAs) that want to manage voluntary disability plans for small businesses. To qualify, an SBTPA must have specific business setups and serve a minimum number of small clients, mostly with fewer than 20 employees, and also provide workers’ compensation insurance.

The law allows a single voluntary plan for all client employees, provided certain conditions are met, including setting up a master trust account and ensuring financial security. The plan must offer better employee rights than the current basic ones and be available to all employees. The section also details how these plans can be amended or terminated and emphasizes financial security, ensuring disability claims are settled from the SBTPA's resources rather than the state's Disability Fund.

Lastly, the department has the authority to develop necessary forms and procedures to ensure compliance, and in cases of insolvency, claims should first be satisfied from the SBTPA’s security.

(a)CA Unemployment Insurance Code § 3254.1(a) For the purposes of this section, “small-business-third-party administrator” (hereafter SBTPA), means an applicant that the director finds meets all of the following criteria at the time of application:
(1)CA Unemployment Insurance Code § 3254.1(a)(1) The SBTPA administers voluntary disability plans on behalf of its clients pursuant to a written agreement in a form and manner approved by the director.
(2)CA Unemployment Insurance Code § 3254.1(a)(2) The SBTPA has at least 1,000 California domiciled clients, 80 percent of whom have fewer than 20 employees.
(3)CA Unemployment Insurance Code § 3254.1(a)(3) The SBTPA processes payroll for its California domiciled clients.
(4)CA Unemployment Insurance Code § 3254.1(a)(4) The SBTPA offers workers’ compensation insurance to its California domiciled clients through an affiliated California domiciled insurance company.
(b)CA Unemployment Insurance Code § 3254.1(b) Except as modified by this section, “voluntary plan” shall be defined as, and shall be subject to the same provisions as, a “voluntary plan,” as set forth in this chapter.
(c)CA Unemployment Insurance Code § 3254.1(c) The director may approve a single voluntary plan for all of an SBTPA’s clients and their employees where all of the following criteria are met:
(1)CA Unemployment Insurance Code § 3254.1(c)(1) The plan is administered by the SBTPA.
(2)CA Unemployment Insurance Code § 3254.1(c)(2) The plan establishes a master trust account that is administered by the SBTPA, and requires the SBTPA to maintain a separate accounting ledger for each individual employer that is a client of the SBTPA to reflect each client’s specific plan contributions. The master trust account shall be held in a federally insured bank.
(3)CA Unemployment Insurance Code § 3254.1(c)(3) If the plan does not provide for the assumption by an admitted disability insurer of the liability of the employer to pay the benefits afforded by the plan, the director shall not approve it unless the SBTPA meets the financial security requirements of Section 3258 on behalf of the SBTPA clients and their employees.
(4)Copy CA Unemployment Insurance Code § 3254.1(c)(4)
(A)Copy CA Unemployment Insurance Code § 3254.1(c)(4)(A) The single voluntary plan will be in effect for a period of not less than one year and, thereafter, continuously, unless the Director of Employment Development finds that the SBTPA has given notice of withdrawal of the plan. The notice filed by the SBTPA shall be filed in writing with the Director of Employment Development and shall be effective on the anniversary of the effective date of the plan next following the filing of the notice, but in any event shall not be less than 30 days from the time of the filing of the notice; except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on the 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change.
(B)CA Unemployment Insurance Code § 3254.1(c)(4)(A)(B) Any individual employer who is a client of the SBTPA, or a majority of that client’s employees employed in this state covered by the plan, may also terminate their participation in the plan by giving written notice of withdrawal from the plan to the SBTPA and to the Director of Employment Development not less than 30 days prior to the date of withdrawal.
(C)CA Unemployment Insurance Code § 3254.1(c)(4)(A)(C) The Director of Employment Development may terminate the participation of an individual employer client of the SBTPA from the plan for cause, and the employer’s voluntary plan assets shall be recovered from the SBTPA and not from the employer as referenced in Section 3262.
(5)CA Unemployment Insurance Code § 3254.1(c)(5) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625), including those provided for in Chapter 7 (commencing with Section 3300).
(6)CA Unemployment Insurance Code § 3254.1(c)(6) The plan has been made available to all of the employees of the employer employed in this state or to all employees at any one distinct, separate establishment maintained by the employer in this state. “Employees” as used in this paragraph includes those individuals in partial or other forms of short-time employment and employees not in employment as the director shall prescribe by authorized regulations.
(7)CA Unemployment Insurance Code § 3254.1(c)(7) A majority of the employees of the client employed in this state or a majority of the employees employed at any one distinct, separate establishment maintained by the client in this state have consented to the plan.
(8)CA Unemployment Insurance Code § 3254.1(c)(8) If the plan provides for insurance, the form of the insurance policies to be issued has been approved by the Insurance Commissioner and is to be issued by an admitted disability insurer.
(9)CA Unemployment Insurance Code § 3254.1(c)(9) The client has consented to the plan and has authorized the SBTPA to make the payroll deductions required, if any, and deposit the proceeds into the master account administered by the SBTPA as referenced in paragraph (2).
(10)CA Unemployment Insurance Code § 3254.1(c)(10) The plan provides for the inclusion of future employees.
(11)CA Unemployment Insurance Code § 3254.1(c)(11) The amount of deductions from the wages of an employee of any client in effect for the plan shall not be increased on other than an anniversary of the effective date of the plan except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect.
(12)CA Unemployment Insurance Code § 3254.1(c)(12) The approval of the plan or plans will not result in a substantial selection of risks adverse to the Disability Fund.
(d)CA Unemployment Insurance Code § 3254.1(d) The department may adopt application forms and procedures as deemed necessary to ensure compliance with this section.
(e)CA Unemployment Insurance Code § 3254.1(e) It is the intent of the Legislature in enacting paragraph (3) of subdivision (c) that, in the event of the insolvency of an employer-client of the SBTPA, or of the SBTPA, the disability claims against the subaccount of any employer-client arising prior to the date of the insolvency shall be satisfied by first accessing the security of the SBTPA, as described in paragraph (3) of subdivision (c), rather than satisfying the claims from the Disability Fund.

Section § 3254.5

Explanation

If a business with a voluntary plan is taken over by a new owner but continues to operate with largely the same staff, the plan remains in effect unless the new owner or insurer requests withdrawal within 30 days. If no action is taken, the plan stays unless changes in the law make withdrawal possible. Generally, the plan can be withdrawn on the plan's renewal date or if laws or worker contributions change, provided 30 days' notice is given. Insurers must update policies if ownership changes unless the plan is withdrawn. Plans can also be amended to match new legal requirements if they aren't withdrawn in time.

A voluntary plan in force and effect at the time a successor employing unit acquires the organization, trade, or business, or substantially all the assets thereof, or a distinct and severable portion of the organization, trade, or business, and continues its operation without substantial reduction of personnel resulting from the acquisition, shall not withdraw without specific request for withdrawal thereof. The successor employing unit and the insurer shall be deemed to have consented to the provisions of the plan unless written request for withdrawal, effective as of the date of acquisition, is transmitted to the Director of Employment Development, by the employer or the insurer, within 30 days after the acquisition date, or within 30 days after notification from the Director of Employment Development that the plan is to continue, whichever is later. Unless the plan is withdrawn as of the date of acquisition by the successor employer or the insurer, a written request for withdrawal shall be effective only on the anniversary of the effective date of the plan next occurring on or after the date of acquisition, except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal of the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to the increase or change on the operative date of the increase or change. Promptly, upon notice of change in ownership, any insurer of a plan shall prepare and issue policy forms and amendments as required, unless the plan is withdrawn. Nothing contained in this section shall prevent future withdrawal of any plans on an anniversary of the effective date of the plan upon 30 days’ notice, except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal of the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of the law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to the increase or change on the operative date of the increase or change.

Section § 3255

Explanation

This law allows workers who typically work for multiple employers in the same industry to set up a voluntary disability benefits plan. An appointed agent or most of the workers can apply for this plan if their wages are centrally managed. The Director of Employment Development will approve such a plan if it meets certain conditions.

The plan should give better rights than typical state-provided benefits and cover all employees paid through the central system. It requires the consent of 75% of regularly paid workers, agreement from all participating employers, and approval from the Insurance Commissioner if insurance is involved. The plan must include new employees and have a minimum duration of one year, continuing unless withdrawn with proper notice.

The plan must conform to any legal changes in benefits or contributions promptly, and workers' wage deductions cannot increase except on plan anniversaries unless legally permittable. The plan should not adversely affect the Disability Fund's risk profile.

When workers are engaged in an employment that normally involves working for several employers in the same industry interchangeably, and several employers or some of them cooperate to establish a plan for the payment of wages at a central place or places, and have appointed an agent under Section 1096, that agent, or a majority of workers regularly paid through a central place or places, or both, may apply to the Director of Employment Development for approval of a voluntary plan for the payment of disability benefits applicable to all employees whose wages are paid at one or more central place or places. The Director of Employment Development shall approve any voluntary plan under this section as to which he or she finds that all of the following exist:
(a)CA Unemployment Insurance Code § 3255(a) The rights afforded to the covered employees are greater than those provided for in Chapter 2 (commencing with Section 2625) of this part, and are separately stated and designated “unemployment compensation disability benefits” separate and distinct from other benefits, if any.
(b)CA Unemployment Insurance Code § 3255(b) The plan applies to all employees whose wages are paid at a central place or places with respect to all employment for which wages are paid at central place or places.
(c)CA Unemployment Insurance Code § 3255(c) Seventy-five percent of the workers regularly paid at the central place or places have consented to the plan prior to the filing of the initial application for approval.
(d)CA Unemployment Insurance Code § 3255(d) If the plan provides for insurance the form of the insurance policies to be issued have been approved by the Insurance Commissioner and are to be issued by an admitted disability insurer.
(e)CA Unemployment Insurance Code § 3255(e) All employers paying wages through the central place or places have agreed to participate in the plan and the agent appointed under Section 1096 has agreed to make the payroll deductions required, if any, and transmit the proceeds to the plan insurer, if any.
(f)CA Unemployment Insurance Code § 3255(f) The plan provides for the inclusion of all future employees paid at the central place or places.
(g)CA Unemployment Insurance Code § 3255(g) The plan is to be in effect for a period of not less than one year and, thereafter, continuously unless the Director of Employment Development finds that the agent or a majority of the employees regularly paid at the central place or places has given written notice of withdrawal from the plan. The notice shall be filed in writing with the Director of Employment Development at least 30 days before it is to become effective and, upon the filing, will be effective only as to wages paid after the beginning of the calendar quarter next occurring on or after the anniversary of the effective date of the plan; except that the plan may be withdrawn on the operative date of any law increasing the benefit amounts provided by Sections 2653 and 2655 or the operative date of any change in the rate of worker contributions as determined by Section 984, if notice of the withdrawal from the plan is transmitted to the Director of Employment Development not less than 30 days prior to the operative date of that law or change. If the plan is not withdrawn on 30 days’ notice because of the enactment of a law increasing benefits or because of a change in the rate of worker contributions as determined by Section 984, the plan shall be amended to conform to that increase or change on the operative date of the increase or change.
(h)CA Unemployment Insurance Code § 3255(h) The amount of deductions from the wages of an employee in effect for any plan shall not be increased on other than an anniversary of the effective date of the plan except to the extent that any increase in the deductions from the wages of an employee allowed by Section 3260 permits that amount to exceed the amount of deductions in effect.
(i)CA Unemployment Insurance Code § 3255(i) The approval of the plan or plans will not result in a substantial selection of risks adverse to the Disability Fund.

Section § 3256

Explanation

This section permits an employer, or their designated agent, to make payroll deductions according to an approved plan for all jobs that are part of that plan. This can only happen while the plan is active and approved under a specific earlier section.

During the effective period of a plan approved under Section 3255 the employer, or his agent appointed under Section 1096, may make the pay roll deductions provided for by the plan, with respect to all employment covered by the plan.

Section § 3257

Explanation

This law explains how an employer can make a benefits plan applicable to its employees. If 85% of employees eligible for a plan agree to it, the employer can choose to apply it to everyone except those who turn it down. Once consent is obtained, a notice must be filed with the Director of Employment Development specifying when the plan will begin. Employees have a chance to reject the plan by notifying their employer in writing within a certain timeframe. New hires are automatically assumed to agree to the plan unless they reject it upon hiring. Employees can also opt-out at the start of any calendar quarter if they inform their employer in writing. All necessary notices and forms must be approved by the Director of Employment Development.

Whenever eighty-five percent (85%) of the employees to whom a plan is available have consented to the plan, the employer, or seventy-five percent (75%) of the employees who have consented to the plan, or both, may elect to make the plan applicable to all employees to whom it is available, except those who reject the plan. In such case, there shall be filed with the Director of Employment Development a notice stating that the requisite percentage of employees has consented to the plan and fixing the date upon which the plan will become applicable to all employees to whom it is available. At least 10 days before the date fixed in the notice, a notice shall be posted and circulated in a manner reasonably calculated to bring it to the attention of all employees to whom the plan is available but who have not consented thereto. The notice to such employees shall set forth the date the plan is to become applicable and the manner in which an employee may reject it.
From the time fixed in the notice filed with the Director of Employment Development all employees to whom the plan is available shall be deemed to have elected to be covered by the plan, except those who advise the employer in writing of their rejection within the time fixed.
Every person employed after the date the plan becomes applicable and to whom the plan is available, shall be deemed to have elected to be covered by the plan from the time of employment unless he rejects the plan prior to or at the time of employment. Each employee at the time of employment shall be given a written notice specifying his right to consent to or to reject such plan and a written statement setting forth the essential features of the plan.
Any employee covered by a plan may withdraw from the plan as of the beginning of any calendar quarter upon giving reasonable notice in writing directed to the employer.
The form of the statement and the forms of the notices required under this Section shall be approved by the Director of Employment Development.

Section § 3258

Explanation

This section explains that if a business has a voluntary disability benefits plan not covered by an insurance company, the state must ensure the employer can afford to pay its obligations. To approve the plan, the employer has to either: provide a bond from a surety company, deposit approved securities, or give an irrevocable letter of credit. The amount needed is calculated based on a specific formula involving worker contributions and taxable wages. Once approved, any financial guarantees (bonds, money, or securities) are kept safe by the state Treasurer.

If a voluntary plan does not provide for the assumption by an admitted disability insurer of the liability of the employer to pay the benefits afforded by the plan, the director shall not approve it unless the employer files with the director the bond of an admitted surety insurer conditioned on the payment by the employer of its obligations under the plan, deposits with the director securities approved by the director to secure the payment of the obligations, or deposits with the director an irrevocable letter of credit. The penal sum of the bond or the amount of the deposit of securities or letter of credit shall be determined by the director and shall be not less than the product obtained by multiplying the rate of worker contributions in the ensuing year, as determined in Section 984, by 0.5 of the estimated taxable wages prescribed by Section 985 to be paid to the employees for the ensuing year. Upon approval, the bond, money, or securities shall upon the director’s written order be deposited with the Treasurer for the purpose specified in this section. The Treasurer shall give a receipt for the deposits and the state shall be responsible for the custody and safe return of any securities so deposited.

Section § 3259

Explanation

If an employer's voluntary plan is covered by a licensed disability insurance company, that insurer takes the employer's place for any financial assessments related to the insured part of the plan.

Whenever an approved voluntary plan is insured by an admitted disability insurer, the insurer shall be substituted for the employer with respect to any assessments under this part which relate to the portion of the voluntary plan insured by such insurer.

Section § 3260

Explanation

This law section allows an employer to choose whether to cover the full or part of the cost of a disability benefits plan for employees. If the employer decides not to cover the full cost, they can deduct a certain amount from the employee's wages. However, this deduction cannot be more than what would be required by specific sections of the law if the employee wasn't covered by the plan.

An employer may, but need not, assume all or part of the cost of the plan, and may deduct from the wages of an employee covered by the plan, for the purpose of providing the disability benefits specified in this part, an amount not in excess of that which would be required by Sections 984 and 985 if the employee were not covered by the plan.

Section § 3260.5

Explanation

This law outlines what happens to extra wages deducted from employees when a company withdraws its voluntary disability plan due to excess contributions. These extra funds must go to the state's Disability Fund. If the employer doesn't send the money to the fund, they will be charged.

It uses existing rules for assessing and collecting contributions but gives employers 30 days after receiving the notice of assessment before interest starts to accrue.

If there's a change in wage limits or tax rates at the start of a new year, deductions can increase without needing further approval, as long as the change is effective from January 1. This allows coverage to adapt to tax changes seamlessly.

(a)CA Unemployment Insurance Code § 3260.5(a) All deductions from the wages of an employee remaining in the possession of the employer upon its voluntary withdrawal of the plan as a result of plan contributions being in excess of plan costs, that are not disposed of in conformity with authorized regulations of the Director of Employment Development, shall be remitted to the department and deposited in the Disability Fund. If an employer fails to remit any deductions to the Disability Fund, the Director of Employment Development shall assess the amount thereof against the employer.
(b)CA Unemployment Insurance Code § 3260.5(b) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to the assessment of contributions, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to the collection of contributions, shall apply to assessments provided by this section, except that interest may not accrue until 30 days after issuance of the notice of assessment.
(c)CA Unemployment Insurance Code § 3260.5(c) With respect to individuals covered by a voluntary plan on January 1 of any calendar year for which the limitation on wages under Section 985 is increased or the tax rate under Section 984 is increased, the amount of the deduction on or after that date may be increased to apply to not more than the maximum limitation on taxable wages or to not more than the maximum tax rate, as applicable, without any further consent of the individual or approval of the Director of Employment Development, but only if such increase in the amount of the deductions is made effective as of January 1 of the affected calendar year.

Section § 3261

Explanation

This law specifies that any employee contributions or income from a voluntary plan that an employer manages are considered trust funds, not part of the employer’s assets. Employers must keep these funds in a separate account or send them directly to a disability insurer. If funds are invested in securities, they must be in a distinct account. If these trust funds are mixed with other funds, or if the employer goes bankrupt or insolvent, or a receiver is appointed, those trust funds get the same priority as certain state claims.

All employee contributions and income arising therefrom received or retained by an employer under an approved voluntary plan are trust funds that are not considered to be part of an employer’s assets. An employer shall either maintain a separate, specifically identifiable account for voluntary plan trust funds in a financial institution, or an employer may transmit voluntary plan trust funds, including any earned interest or income, directly to the admitted disability insurer. If an employer, with prior approval from the Director of Employment Development, invests voluntary plan trust funds in securities purchased through a commercial bank under Article 4 of Chapter 10 of Division 1 of the Financial Code, the securities account shall be separately identifiable from any other securities accounts maintained by the employer. In the event of commingling of voluntary plan trust funds, or the bankruptcy or insolvency of the employer, or the appointment of a receiver for the business of the employer, those voluntary plan trust funds are entitled to the same preference as are the claims of the state under Sections 1701 and 1702.

Section § 3262

Explanation

This law allows the Director of Employment Development to end a voluntary unemployment insurance plan if there is a risk that benefits won't be paid, the security is insufficient, or other issues arise. The director must notify relevant parties and can adjust the termination date. Once a plan is terminated, all funds associated with it—paid by employers or employees and any accrued interest—are transferred to the Disability Fund. If an employer fails to send owed funds, the director can charge them an amount equal to what they owe. Rules concerning these assessments are specified, with interest starting 30 days after assessment notice. Parties involved have 10 days to appeal the decision, which can be extended for valid reasons. Benefits from the fund must continue during an appeal about plan termination.

(a)CA Unemployment Insurance Code § 3262(a) The Director of Employment Development may terminate any voluntary plan if the director finds that there is danger that the benefits accrued or to accrue will not be paid, that the security for the payment is insufficient, or for other good cause shown. The Director of Employment Development shall give notice of their intention to terminate a plan to the employer, employee group, and insurer. The notice shall state the effective date and the reason for the withdrawal. The Director of Employment Development may change or stay the effective date of the termination.
(b)CA Unemployment Insurance Code § 3262(b) Notwithstanding Section 3260.5, on the effective date of the termination of a plan by the Director of Employment Development, all moneys in the plan, including moneys paid by the employer, moneys paid by the employee, moneys owed to the voluntary plan by the employer but not yet paid to the plan, and any interest accrued on all these moneys, shall be remitted to the department and deposited into the Disability Fund.
(c)CA Unemployment Insurance Code § 3262(c) If an employer fails to remit all moneys owed to the Disability Fund after termination of the plan, the Director of Employment Development shall make an assessment against the employer equal to the amount of the moneys owed. The Director of Employment Development shall also make an assessment against the employer for all benefits paid from the Disability Fund after the termination of the plan, less any moneys received from the employer after the termination of the plan.
(d)CA Unemployment Insurance Code § 3262(d) The provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1, with respect to the assessment of moneys, and the provisions of Chapter 7 (commencing with Section 1701) of Part 1, with respect to the collection of moneys owed, shall apply to assessments authorized under this section, except that interest may not accrue until 30 days after issuance of the notice of assessment.
(e)CA Unemployment Insurance Code § 3262(e) The employer, employee group or insurer may, within 10 days from service of the notice, appeal to the Appeals Board. The 10-day period may be extended for good cause. The Appeals Board may prescribe by regulation the time, manner, method and procedure through which it may determine appeals under this section.
(f)CA Unemployment Insurance Code § 3262(f) The payment of benefits from the Disability Fund and the transfer of moneys in the voluntary plan may not be delayed during an employer’s appeal of the termination of a voluntary plan.

Section § 3263

Explanation

If an employee's disability occurs after they've left a job with a voluntary disability plan, or if the plan is terminated by authorities, they are no longer covered by that plan.

In such cases, the employee, if eligible, can switch to receiving benefits from the general Disability Fund immediately, just as if they had been contributing to it all along.

(a)CA Unemployment Insurance Code § 3263(a) An employee is no longer covered by an approved voluntary plan if a disability arose after the employment relationship with the voluntary plan employer ends, or if the Director of Employment Development terminates a voluntary plan in accordance with Section 3262.
(b)CA Unemployment Insurance Code § 3263(b) An employee who has ceased to be covered by an approved voluntary plan shall, if otherwise eligible, thereupon immediately become entitled to benefits from the Disability Fund to the same extent as though there had been no exemption from contributions as provided in this chapter.

Section § 3264

Explanation

If an employee's claim for disability benefits is denied by their employer or insurer, the employee can appeal, following specific legal procedures. Any decision denying benefits can be challenged in court, but only after all administrative options are used. Before going to court, the employee must follow all the steps provided by the law and regulations.

If any employer or insurer wholly or partially denies liability upon the claim of an employee for disability benefits under an approved plan, the employee may appeal the denial in the manner provided by law and authorized regulations for an appeal on a claim for benefits payable out of the Disability Fund. All decisions of the Appeals Board denying benefits under this section shall be subject to review by the courts of this State by the exclusive remedy of filing a petition for writ of mandate. No such petition may be filed, however, until the employee exhausts the administrative remedies provided for in this division, nor may any other action be commenced by an employee upon a denial of his claim by his employer or insurer, as the case may be, other than that prescribed herein.

Section § 3265

Explanation

If an employee wins an appeal for disability benefits under a voluntary plan, and the employer or insurer doesn't pay within 15 days of the decision, the director will step in to pay and then charge the employer or insurer for the amount paid. These amounts are collected and put into the Disability Fund.

If a law increases benefit amounts and the employer or insurer does not pay the difference under an ongoing voluntary plan, the director will pay the employee the increase, charge the employer or insurer, and deposit the collected amounts into the Disability Fund.

(a)CA Unemployment Insurance Code § 3265(a) If, on appeal, it is decided that an employee is entitled to receive disability benefits under an approved voluntary plan and the employer or insurer fails to pay the same within 15 days after notice of a decision by an administrative law judge or the appeals board, the director shall pay such benefits and shall assess the amount thereof against the employer or the insurer, and the provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of this division with respect to the assessment of contributions and the provisions of Chapter 7 (commencing with Section 1701) of Part 1 of this division with respect to the collection of contributions shall apply to the recovery of such benefit payments. Amounts so collected shall be deposited in the Disability Fund.
(b)CA Unemployment Insurance Code § 3265(b) If an approved voluntary plan is not terminated because of the enactment of any law increasing the benefit amounts provided by Sections 2653 and 2655, and the employer or insurer fails to pay such increase under the plan, the director shall pay such benefits to an employee, if otherwise eligible, and shall assess the amount thereof against the employer or the insurer and the provisions of Article 8 (commencing with Section 1126) of Chapter 4 of Part 1 of this division with respect to the assessment of contributions and the provisions of Chapter 7 (commencing with Section 1701) of Part 1 of this division with respect to the collection of contributions shall apply to the recovery of such benefit payments. Amounts so collected shall be deposited in the Disability Fund.

Section § 3266

Explanation

This section explains that a government official is responsible for figuring out how much money from refunds and credits can be attributed to voluntary plans tied with wage deductions. This calculation is based on comparing wages that were subject to contributions to the Disability Fund with wages that were not, during the previous year.

The director shall in accordance with his or her authorized regulations determine the portion of the aggregate amount of refunds and credits to employees made under Section 1176 during any calendar year which is applicable to voluntary plans for which deductions were made under Section 3260, such determination to be based upon the relation during the preceding calendar year of the amount of wages subject to contributions to the Disability Fund to the amount of wages exempt from contributions to the Disability Fund under Section 3252.

Section § 3267

Explanation
Employers with employees in an approved voluntary plan, as well as any insurance provider for the plan, must provide reports, information, and access to records that the director requires to properly manage this program.
Employers whose employees are participating in an approved voluntary plan and any insurer of an approved plan shall furnish such reports and information and make available to the department such records as the director may by authorized regulations require for the proper administration of this part.

Section § 3268

Explanation

The Director of Employment Development must quickly provide employers, employees, or insurers with the necessary information to manage an approved voluntary plan, following the official regulations.

The Director of Employment Development shall, in accordance with his authorized regulations, promptly furnish to employers, employees, or insurers, such information as may be required for the proper administration of an approved voluntary plan.

Section § 3269

Explanation

The director is responsible for calculating the total costs each year for the additional administrative tasks that come from voluntary plans, following the rules they have been authorized to set.

The director shall in accordance with his or her authorized regulations, determine each fiscal year the total amount expended for added administrative work arising out of voluntary plans.

Section § 3270

Explanation

This law states that certain provisions concerning how risks that negatively affect the Disability Fund are selected became effective on January 1, 1962. These provisions are found in specific subdivisions of Sections 3254 and 3255.

The provisions of subdivision (i) of Section 3254 and subdivision (i) of Section 3255, dealing with substantial selection of risks adverse to the Disability Fund, shall be operative as of January 1, 1962.

Section § 3271

Explanation

This section explains how amendments to a voluntary plan can be approved. The director must ensure the amended plan meets specific standards and one of three conditions must be met: (1) a majority of employees consent in writing, (2) all adversely affected employees consent in writing, or (3) the plan's insurer confirms that proper notice was given to the employees about their rights to withdraw. Additionally, the director can create supplementary regulations regarding these requirements.

(a)CA Unemployment Insurance Code § 3271(a) The director shall approve any amendment to a voluntary plan adjusting the provisions thereof as to periods after the effective date of the amendment as to which he or she finds that the plan, as amended, will conform to the standards set forth in Section 3254, and that any of the following exist:
(1)CA Unemployment Insurance Code § 3271(a)(1) A majority of the employees covered by the plan have consented in writing to the amendment.
(2)CA Unemployment Insurance Code § 3271(a)(2) All of the employees covered by the plan who are adversely affected by the amendment have consented in writing to the amendment.
(3)CA Unemployment Insurance Code § 3271(a)(3) The insurer of such plan, if any, has certified to the director that notice of the amendment either separately or as a part of a new certificate or statement of coverage, has, at least 10 days prior to the effective date of the proposed amendment, been delivered to the employer for distribution to his or her employees within 10 days thereafter and has further certified that such notice specifically included notification to the employees covered by the plan of their right to withdraw from the plan.
(b)CA Unemployment Insurance Code § 3271(b) Nothing contained in this section is intended to deny or limit the right of the director to make regulations supplementary thereto, nor on the general subject of requirements for amendments of voluntary plans.

Section § 3272

Explanation

This law states that specific rules from another article apply to money collected under certain sections, money given to the Disability Fund, and payments made to employees after a final appeal decision that confirms they are entitled to disability benefits.

The provisions of Article 9 (commencing with Section 1176) of Chapter 4 of Part 1 of this division shall apply to amounts collected under Sections 3252, 3260, and 3265, to amounts remitted to the Disability Fund under Section 3260, and to amounts paid to an employee by an employer or insurer after a final decision on appeal under Section 3264 to an administrative law judge or the appeals board that the employee is entitled to disability benefits.