Cal. Code Regs. tit. 10 § 10004

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

Section 10004 - Employee Enrollment

(a) The Program shall deliver the Employee Information Packet to each Eligible Employee within 10 days of the Participating Employer completing the actions required under Section 10003(a) or 10003(b).

(b) An Eligible Employee shall be enrolled into the Program if they do not opt out within 30 days after the date the Employee Information Packet is delivered. The information prescribed in Section 10003(a) will be used by the Administrator to execute the enrollment.

(c) An Eligible Employee is deemed to have read and understood the content in the Employee Information Packet if the Eligible Employee has been furnished a copy of the Employee Information Packet pursuant to subsection (a) and has been provided an opportunity to opt out of the Program.

(d) An Eligible Employee may opt out of the Program at any time. Eligible Employees may opt out either electronically (saver.calsavers.com), by phone (855-650-6918), or by completing the Opt-Out Form and submitting the form by overnight mail (CalSavers, 95 Wells Avenue, Suite 155, Newton, MA 02459) or by regular mail (CalSavers, P.O. Box 55759, Boston, MA, 02205-5759).

(1) To opt out by overnight mail or regular mail, Eligible Employees must provide the last four digits of their Social Security Number or Individual Tax Identification Number, date of birth, ZIP Code, and sign the form.

(2) To opt out electronically or by phone, Eligible Employees must provide the last four digits of their Social Security Number or Individual Tax Identification Number, date of birth, and ZIP Code.

(e) Eligible Employees who opt out of the Program may enroll at any time through one of the methods established in subsection (d), by providing the information specified in Section 10003(a) to the Administrator.

(f) If the Administrator is unable to enroll an Eligible Employee, the Administrator shall notify the Participating Employer within 15 days after the Administrator's attempt to enroll the Eligible Employee. Within the notice, the Administrator will provide instructions to the Participating Employer not to remit Contributions for the Eligible Employee.

Cal. Code Regs. Tit. 10, § 10004

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 A Certificate of Compliance must be transmitted to OAL by 5-20-2019 or emergency language will be repealed by operation of law on the following day.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. Repealer of subsections (b)(1), (e)(1) and (g)-(g)(3) 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. Repealer of subsections (b)(1), (e)(1) and (g)-(g)(3) 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).
9. Amendment of subsection (a) filed 3-18-2022 as an emergency; operative 3-18-2022 (Register 2022, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-14-2022 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a) refiled 9-7-2022 as an emergency; operative 9-15-2022 (Register 2022, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-14-2022 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a) refiled 11-30-2022 as an emergency; operative 12-15-2022 (Register 2022, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-15-2023 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-30-2022 order transmitted to OAL 1-31-2023 and filed 3-15-2023 (Register 2023, No. 11).

Note: Authority cited: Sections 100010 and 100048, Government Code. Reference: Sections 100000, 100012, 100014, 100032, 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. Repealer of subsections (b)(1), (e)(1) and (g)-(g)(3) 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. Repealer of subsections (b)(1), (e)(1) and (g)-(g)(3) 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).
9. Amendment of subsection (a) filed 3-18-2022 as an emergency; operative 3/18/2022 (Register 2022, No. 11). A Certificate of Compliance must be transmitted to OAL by 9-14-2022 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a) refiled 9-7-2022 as an emergency; operative 9/15/2022 (Register 2022, No. 36). A Certificate of Compliance must be transmitted to OAL by 12-14-2022 or emergency language will be repealed by operation of law on the following day.
11. Amendment of subsection (a) refiled 11-30-2022 as an emergency; operative 12/15/2022 (Register 2022, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-15-2023 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 11-30-2022 order transmitted to OAL 1-31-2023 and filed 3/15/2023 (Register 2023, No. 11).