Cal. Code Regs. tit. 10 § 10003

Current through Register 2024 Notice Reg. No. 45, November 8, 2024

Section 10003 - Participating Employer Duties

(a) Within 30 days of registration, a Participating Employer shall provide the following information to the Administrator for each Eligible Employee:

(1) Eligible Employee's full legal name;

(2) Eligible Employee's Social Security Number or Individual Taxpayer Identification Number;

(3) Eligible Employee's date of birth;

(4) Eligible Employee's physical address;

(5) Eligible Employee's phone number, if available; and

(6) Eligible Employee's email address(es), if available.

(b) For each Eligible Employee hired by a Participating Employer after registering with the Program, the Participating Employer shall provide the information specified in subsection (a) to the Administrator within 30 days of the Eligible Employee's hire date.

(c) Participating Employers shall remit each Participating Employee's Contribution each payroll period to the Administrator at the applicable Contribution Rate no later than the first payroll period following 30 days after notification by the Administrator of the Participating Employee's enrollment. The Contribution Rate shall be established by the Participating Employee and reported to the Employer by the Administrator through the Program's website (employer.calsavers.com).

(1) Participating Employers shall remit all withheld Compensation to the Administrator as soon as administratively practicable, not to exceed seven business days from the date of deduction.

(d) Participating Employers shall not:

(1) Require, endorse, encourage, prohibit, restrict, or discourage employee participation in the Program.

(2) Provide Participating Employees or Beneficiaries of deceased Participating Employees advice or direction regarding investment choices, Contribution Rates, participation in Automatic Escalation, or any other decision about the Program.

(3) Remit any Contributions for any Eligible Employee who opted out of the Program.

(4) Exercise any authority, control, or responsibility regarding the Program, other than as set forth in this Section.

Cal. Code Regs. Tit. 10, § 10003

1. New section filed 11-19-2018 as an emergency; operative 11-19-2018 (Register 2018, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-20-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-6-2019 as an emergency; operative 5-21-2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-19-2019 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-12-2019 as an emergency; operative 8-20-2019 (Register 2019, No. 33). A Certificate of Compliance must be transmitted to OAL by 11-18-2019 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-12-2019 order, including amendment of section, transmitted to OAL 9-23-2019 and filed 10-31-2019; amendments operative 10-31-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 44).
5. Amendment of subsection (a)(3), repealer and new subsection (a)(4) and amendment of subsection (c) filed 8-31-2020 as an emergency; operative 8-31-2020 (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-1-2021 or emergency language will be repealed by operation of law on the following day.
6. Emergency filed 8-31-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-71-20 (Register 2020, No. 39). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (a)(3), repealer and new subsection (a)(4) and amendment of subsection (c) refiled 6-28-2021 as an emergency; operative 6-30-2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 27). A Certificate of Compliance must be transmitted to OAL by 1-28-2022 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-17-2021 order transmitted to OAL 12-2-2021 and filed 1-13-2022 (Register 2022, No. 2).

Note: Authority cited: Sections 100010 and 100048, Government Code. Reference: Sections 100000, 100012, 100014, 100032, 100034, 100043 and 100046, Government Code.

1. New section filed 11-19-2018 as an emergency; operative 11/19/2018 (Register 2018, No. 47). A Certificate of Compliance must be transmitted to OAL by 5-20-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-6-2019 as an emergency; operative 5/21/2019 (Register 2019, No. 19). A Certificate of Compliance must be transmitted to OAL by 8-19-2019 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 8-12-2019 as an emergency; operative 8/20/2019 (Register 2019, No. 33). A Certificate of Compliance must be transmitted to OAL by 11-18-2019 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 8-12-2019 order, including amendment of section, transmitted to OAL 9-23-2019 and filed 10-31-2019; amendments operative 10/31/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 44).
5. Amendment of subsection (a)(3), repealer and new subsection (a)(4) and amendment of subsection (c) filed 8-31-2020 as an emergency; operative 8/31/2020 (Register 2020, No. 36). A Certificate of Compliance must be transmitted to OAL by 3-1-2021 or emergency language will be repealed by operation of law on the following day.
6. Emergency filed 8-31-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-66-20 (Register 2020, No. 39). A Certificate of Compliance must be transmitted to OAL by 6-29-2021 or emergency language will be repealed by operation of law on the following day.
7. Amendment of subsection (a)(3), repealer and new subsection (a)(4) and amendment of subsection (c) refiled 6-28-2021 as an emergency; operative 6/30/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 27). A Certificate of Compliance must be transmitted to OAL by 1-28-2022 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 11-17-2021 order transmitted to OAL 12-2-2021 and filed 1/13/2022 (Register 2022, No. 2).