Cal. Code Regs. Tit. 22, §§ 3267-1

Current through Register 2024 Notice Reg. No. 50, December 13, 2024

Section 3267-1 - Reports from Voluntary Plans

(a) Employers whose employees are participating in approved voluntary plans or the insurer under an approved voluntary plan shall, within 15 days after the receipt of a first claim for disability or Family Temporary Disability Insurance benefits, report to the department on a form prescribed by the department of such claim, except where a claim has been made under an approved self-insured plan and the uninterrupted period of disability or family care leave of such claim does not exceed the waiting period prescribed for benefits from the Disability Fund under subdivision (b) of Section 2627 and subdivision (b) of Section 3303 of the code. The initial report shall include information specified in paragraphs (1) through (10) of this subdivision. The employer or insurer under an approved voluntary plan shall, within 35 days after final payment for each period of disability or family care leave, give to the department a final report of the claim on a form prescribed by the department. The final report shall include, but not limited to, the information specified in paragraphs (1) through (15) of this subdivision. If the uninterrupted period of disability or family care leave does not exceed two weeks, the notice of a first claim and the final report may be combined in a single report. The information applicable to the initial report and final report is as follows:

(1) The claimant's name;

(2) The claimant's social security account number;

(3) The claimant's mailing address;

(4) The claimant's sex;

(5) The claimant's date of birth;

(6) The date upon which the claimant's disability or family care leave began;

(7) The diagnosis by the claimant's physician or practitioner only when the claim is for the claimant's disability;

(8) When the claim is for family care leave, whether the claim is to:

(A) Provide care for a seriously ill family member; or

(B) Bond with a new child;

(9) The care recipient's name and date of birth when the claim is for family care leave;

(10) The name and telephone number of the person completing the report.

(11) The period compensated for days of disability or family care leave benefits;

(12) The total amount of basic and additional benefits paid for the disability or family care leave;

(13) The last day for which payment was made;

(14) The reason for ceasing payments; and

(15) Such other information as the department may require for establishing appropriate benefit amounts for each claim for disability or family care leave benefits.

(b) Each insurer of one or more voluntary plans shall, not later than the thirty-first day of May of each year, file with the department a statement on a form prescribed by the department showing, separately from other business, premiums, losses, and expenses pertaining to its voluntary plan insurance for the preceding calendar year. The requirement of this subdivision shall be satisfied by furnishing the department, within the required time, a copy of the report filed with the Insurance Commissioner which contains such information, separately from other business, pertaining to such voluntary plan insurance.

(c) Each insurer of one or more voluntary plans shall furnish to the department a notice of each premium dividend paid to a policyholder under an approved voluntary plan in every case in which employees covered by the plan are required to contribute any amount of the cost of the plan. The notices shall be filed with the department either within 30 days after the premium dividend is paid, or on or before the fifteenth day of the month next succeeding the month in which any such dividends are paid, whichever date is later. As used in this subdivision, "premium dividend" means any cash payment or credit to an employer or other policyholder under a voluntary plan which represents a premium refund and includes any experience refund, experience rate credit, retrospective rate adjustment based on experience, or other factor.

(d) Employers with approved voluntary plans in filing their quarterly contribution returns and wage reports shall, on such wage reports, list separately (1) employees covered by the voluntary plan, (2) employees not covered by the voluntary plan whose wages continue to be subject to contributions to the Disability Fund, with separate totals of the amount of wages of each group.

Cal. Code Regs. Tit. 22, §§ 3267-1

1. Amendment filed 11-29-57; designated effective 12-9-57 (Register 57, No. 21). See history note to § 125-1.
2. Amendment filed 11-4-61; designated effective 11-14-61 (Register 61, No. 22).
3. Amendment filed 11-20-67; designated effective 11-30-67 (Register 67, No. 47).
4. Amendment filed 4-1-82; effective thirtieth day thereafter (Register 82, No. 14).
5. Amendment of subsection (a) and NOTE filed 3-9-2000; operative 4-8-2000 (Register 2000, No. 10).
6. Amendment of subsection (a), new subsections (a)(1)-(15) and amendment of and NOTE filed 9-26-2008; operative 10-26-2008 (Register 2008, No. 39).

Note: Authority cited: Sections 305, 306 and 3267, Unemployment Insurance Code. Reference: Sections 140.5, 2627 and 3267, Unemployment Insurance 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 11-4-61; designated effective 11-14-61 (Register 61, No. 22).
3. Amendment filed 11-20-67; designated effective 11-30-67 (Register 67, No. 47).
4. Amendment filed 4-1-82; effective thirtieth day thereafter (Register 82, No. 14).
5. Amendment of subsection (a) and Note filed 3-9-2000; operative 4-8-2000 (Register 2000, No. 10).
6. Amendment of subsection (a), new subsections (a)(1)-(15) and amendment of and Note filed 9-26-2008; operative 10-26-2008 (Register 2008, No. 39).