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 1107-5.21 - Approved Private Plans Effective On or Before January 1, 2024

Universal Citation: 7 CO Code Regs 1107-5 ยง 21

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

1. If an employer remits premiums to the Division in 2023, and later obtains approval of a private plan with an effective benefits date no later than January 1, 2024, the employer may apply to the Division for reimbursement, and the Division will, within 90 days, reimburse the employer the amount of premiums paid in 2023, minus the required private plan administration fee described in this rule if the employer did not already pay it to the Division.

2. If an employer has collected premium contributions from its employees in 2023, and the Division later reimburses the employer for premiums remitted in 2023, the employer must reimburse its employees for any premium contributions collected, unless the terms of the approved private plan allow the employer to collect premiums from employees in 2023, in which case the employer need not reimburse employees for premium contributions collected.

A. If an employer must reimburse employees under this Section, and one or more of those employees is no longer employed by the employer, the employer must identify those employees in its application for reimbursement. The Division will issue the refund to the employer, minus the premiums paid by those employees, and will make reasonable efforts to issue the refund directly to those employees. If an employee leaves employment after the employer submits an application for reimbursement, but before the Division issues the reimbursement, the employer must refund to the Division the amount of that reimbursement that equals premiums paid by that employee, so that the Division can issue a refund to that employee.

B. If the Division cannot locate an employee to whom it must pay a refund, the Division will make the amount available as unclaimed property through the Department of Treasury.

3. Employers must apply to the FAMLI Division for a private plan exemption approval by October 31, 2023 to ensure an effective date of January 1, 2024.

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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