Form De 1378l - 2005 - Information Concerning Elective Coverage Of Disability Insurance* Only Under Section 709 Of The California Unemployment Insurance Code (Cuic)
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2INFORMATION CONCERNING ELECTIVE COVERAGE OF DISABILITY
INSURANCE* ONLY UNDER SECTION 709
OF THE CALIFORNIA UNEMPLOYMENT INSURANCE CODE (CUIC)
(916) 654-6288
Coverage under Section 709 of the CUIC does not make provision for unemployment insurance
benefits.
1.
SUMMARY OF SECTION 709 OF THE CUIC
Section 709 of the CUIC provides that any local public entity located in this State specified in
Section 135 (a) (3) or Indian tribe specified in Section 135 (a) (6), may elect to become an
employer for state disability insurance purposes only, with respect to all its employees,
including those with civil service or tenure positions, or appointed positions and may file its
written election with the Director. Elected officials and individuals appointed to fill a vacant
elected office until the next election are not eligible for coverage.
Section 135 (a) (3) states that "public entity" also means the governing board of any school
district, any county board of education, any county superintendent of schools, or any
personnel commission of a school district which has a merit system pursuant to any provision
of the Education Code.
2.
ELECTION FOR COVERAGE UNDER SECTION 709
An election under Section 709 may be made on its own motion by the appropriate governing
board of the entity making the election, or may be made by such governing board pursuant to
a petition signed by a majority of the employees (including those with civil service or tenure
positions, or appointive positions). Coverage must be elected for at least two complete
calendar years. The Director may require from each entity any information or reports
necessary to carry out his duties, and may publish information pursuant to this Section in
statistical form and may divulge the name of the entity. Each entity must keep work records
as prescribed by the Director.
3.
EXTENT OF COVERAGE
Coverage may be approved for all present and future employees of the public entity. All
employees are to be covered (no secondary exemptions apply - Sections 629 through 655 of
the CUIC) even though they may not mandatorily be covered by Unemployment Insurance.
Persons who are not considered to be employees eligible for the coverage under Section 709
of the CUIC are those elected to office of the public entity by popular vote or appointed to fill a
vacant elected office until the next election.
*Includes Paid Family Leave (PFL) beginning January 1, 2004.
DE 1378L Rev. 14 (3-05) (INTERNET)
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