Code of Colorado Regulations
1100 - Department of Labor and Employment
1107 - Division of Family and Medical Leave Insurance
7 CCR 1107-5 - REGULATIONS CONCERNING PRIVATE PLANS
Section 7 CCR 1107-5.13 - Modification of a Private Plan

Universal Citation: 7 CO Code Regs 1107-5 ยง 13

Current through Register Vol. 47, No. 17, September 10, 2024

1. An employer shall notify the Division, in writing, of any material change to an approved private plan within sixty (60) days before the change is to take effect. The notification shall include:

A. A detailed explanation of all material changes; and

B. A statement describing how any material changes do not reduce benefits or impose new requirements on covered employees beyond what would be provided and required under the state plan.

2. The Division will review the material change to the approved private plan, and will determine whether the material change impacts private plan approval. The Division will make a good faith effort to confer with the employer regarding any impact to continued private plan approval, and to notify the employer of its determination within thirty (30) days of the employer's notification to the Division. In no event may an employer make a material change without first obtaining Division approval and providing at least thirty (30) days' notice to its employees.

3. Division review of material changes to a private plan may impact the calculation of an employer's annual maintenance fee.

4. Material changes to an approved private plan include, but are not limited to:

A. Changing from one private plan to another;

B. Changing the private plan to reduce benefits or leave types;

C. Changing the private plan to increase claims adjudication timeframes;

D. Changing the private plan to increase benefits payment timeframes; or

E. Changing the private plan to increase the information collected from employees to apply for or receive benefits.

5. Material changes to an approved private plan do not include:

A. Updating the private plan benefits application form in a way that does not make the form more onerous than the state's benefits application form;

B. Changing business or contact information;

C. Correcting typographical errors;

D. Increasing benefits or leave types; or

E. Updating the private plan to align with regulatory changes.

6. A change to an approved private plan will not extend the duration of its approval.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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