Section 3257 Of Chapter 6. Voluntary Plans From California Unemployment Insurance Code >> Division 1. >> Part 2. >> Chapter 6.
3257
. 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.