Section 3255 Of Chapter 6. Voluntary Plans From California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 6.
3255
. 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) 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) 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) 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) 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) 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) The plan provides for the inclusion of all future employees
paid at the central place or places.
(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) 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) The approval of the plan or plans will not result in a
substantial selection of risks adverse to the Disability Fund.