Cal. Code Regs. Tit. 2, § 599.947 - Corrective Contributions and Lost Earnings
(a) If an employee is not properly placed in
the Alternate Retirement Program when he or she becomes eligible, or within 90
days thereof, the employer shall pay for any corrective contributions and lost
earnings necessary to make the account whole, as well as administrative costs
of $500 per underfunded account.
(b) If a transaction is processed
inappropriately causing the employee's Alternate Retirement Program account to
be underfunded, it is the responsibility of the entity that made the error to
make the account whole. This includes all corrective contributions and lost
earnings that would have been deposited in the account if the error had not
occurred. The entity responsible will also be required to pay $500, per
underfunded account, to cover administrative costs.
(c) Corrective contributions and any lost
earnings as addressed in subsections (a) and (b) above, will be funded by the
entity responsible for the error and may not be deducted from or offset against
any employee's compensation.
(d)
The entity processing the correction will determine the amount of corrective
contributions. The California Department of Human Resources will determine the
amount of the lost earnings required to make the account whole.
(e) The California Department of Human
Resources will receive reimbursement for the corrective contributions, any lost
earnings, and administrative costs through the State Controller's Office in
accordance with Government Code section
11255. The
State Controller's Office and the California Department of Human Resources
shall each receive one-half of the $500 administrative fee paid by the
responsible entity. If the responsible entity is not a state agency, subject to
Government Code section
11255, the
California Department of Human Resources will obtain reimbursement directly
from the entity, and shall retain the full amount of any administrative fee
collected from the entity.
Notes
2. Change without regulatory effect amending section and NOTE filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
3. Change without regulatory effect amending subsections (d)-(e) filed 4-18-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).
Note: Authority cited: Sections 18502 and 19815.4(d), Government Code; and Article XVI, Section 17, California Constitution. Reference: Section 19999.31, Government Code.
2. Change without regulatory effect amending section and Note filed 10-13-2014 pursuant to section 100, title 1, California Code of Regulations (Register 2014, No. 42).
3. Change without regulatory effect amending subsections (d)-(e) filed 4-18-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 16).
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