| (ii) the total amount of deductions authorized to the
statewide federation or fund on authorization forms and electronic
deduction authorizations completed during the campaign.
(C) The contribution percentage for an eligible charitable
organization may not be recalculated before the conclusion of the
next state employee charitable campaign.
(D) The amount of deductions that a statewide federation
or fund distributes to an eligible charitable organization is equal
to the product of:
(i) the contribution percentage of the organization;
and
(ii) the total amount of deductions the federation
or fund is distributing.
(3) Example of the percentage method. This paragraph
illustrates the percentage method described in paragraph (2) of this
subsection.
(A) The following assumptions apply in this example.
(i) Eligible charitable organization 1 has a designated
initial distribution amount of $5,000 and an undesignated initial
distribution amount of $1,250.
(ii) Eligible charitable organization 2 has a designated
initial distribution amount of $3,000 and an undesignated initial
distribution amount of $750.
(iii) Eligible charitable organization 3 has a designated
initial distribution amount of $2,000 and an undesignated initial
distribution amount of $500.
(iv) The total amount of deductions authorized to the
statewide federation or fund is $12,500.
(v) The statewide federation or fund has actually received
$10,000 in deducted amounts.
(B) The first step is to calculate the contribution
percentage for each eligible charitable organization according to
paragraph (2)(B) of this subsection. The contribution percentage for
each organization is as follows:
(i) Organization 1--50%;
(ii) Organization 2--30%;
(iii) Organization 3--20%.
(C) The second and final step is to calculate the amount
that the statewide federation or fund distributes to each organization
according to paragraph (2)(D) of this subsection. The amount for each
organization is as follows:
(i) Organization 1--$5,000;
(ii) Organization 2--$3,000;
(iii) Organization 3--$2,000.
(4) Prohibition of distributions until payment reports
reconciled. A statewide federation or fund may not make a distribution
before the federation or fund reconciles the payment reports received
from the comptroller or an institution of higher education with the
payments received by electronic funds transfer or by warrant or check.
(5) Frequency of distributions. A statewide federation
or fund shall make distributions quarterly or more frequently than
quarterly.
(l) Charging administrative fees to cover costs incurred
to make deductions. The comptroller has determined that the costs
which would be covered by the charging of an administrative fee to
charitable organizations would be insignificant. Therefore, the comptroller
has decided not to charge the fee.
(m) Refunding excessive payments of deductions.
(1) Authorization of refunds. If the amount of deductions
paid to a local campaign manager or a statewide federation or fund
exceeds the amount that should have been paid, then the excess may
be refunded to the state agency on whose behalf the payment was made.
(2) Methods for accomplishing refunds. If a refund
is authorized by paragraph (1) of this subsection, then the refund
shall be accomplished by:
(A) the state agency on whose behalf the payment was
made subtracting the amount of the refund from a subsequent payment
of deductions to the local campaign manager or statewide federation
or fund; or
(B) the local campaign manager or the statewide federation
or fund issuing a check in the amount of the refund to the state agency
on whose behalf the payment was made, if authorized by paragraph (3)
of this subsection.
(3) Paying refunds by check. A local campaign manager
or a statewide federation or fund may issue a refund check only if
the payee of the check first submits a written request for the refund
to be made by check.
(4) Deadline for paying refunds by check. This paragraph
applies only if a local campaign manager or a statewide federation
or fund is authorized by paragraph (3) of this subsection to make
a refund by check. The local campaign manager or the statewide federation
or fund shall ensure that the refund check is received by the payee
not later than the 30th day after the date on which the written request
for the refund to be made by check is received.
(n) Responsibilities of the state policy committee.
(1) Statutory responsibilities. The state policy committee
shall fulfill its statutory responsibilities as set forth in Government
Code, Chapter 659, Subchapter I.
(2) Additional responsibilities. In addition to its
statutory responsibilities, the state policy committee:
(A) shall establish an annual application, eligibility
determination, and appeals period for statewide or local participation
in the state employee charitable campaign;
(B) shall determine the eligibility of a federation
or fund and its affiliated agencies for statewide participation in
the state employee charitable campaign;
(C) shall review and resolve the appeals of entities
not accepted for statewide or local participation in the state employee
charitable campaign under procedures that comply with paragraph (3)
of this subsection;
(D) shall disqualify a federation or fund from statewide
participation in the state employee charitable campaign if the committee
determines that the federation or fund intentionally filed an application
that contains false or misleading information;
(E) shall establish penalties for non-compliance with
this section by a statewide federation or fund, an eligible local
charitable organization, the state campaign manager, or any local
campaign managers appointed by the state policy committee;
(F) shall establish procedures for the selection and
oversight of the state campaign manager and any local campaign managers
appointed by the state policy committee;
(G) shall select to act as the state campaign manager:
(i) a federated community campaign organization in
accordance with the criteria listed in paragraph (4) of this subsection,
if any federated community campaign organization has applied to be
the manager; or
(ii) a charitable organization in accordance with the
criteria listed in paragraph (4) of this subsection, if no federated
community campaign organization has applied to be the manager;
(H) may establish policies and procedures for the operation
and administration of the state employee charitable campaign, including
policies and procedures about the hearing of any grievance concerning
the operation and administration of the campaign;
(I) shall consult with the state campaign manager and
the state advisory committee before approving the campaign plan, budget,
and materials;
(J) may not approve campaign materials if:
(i) they do not state that statewide federations or
funds may or may not provide services in all local campaign areas;
(ii) they list a charitable organization as both a
statewide federation or fund and an eligible local charitable organization;
(iii) they list a charitable organization as an affiliate
of two or more statewide federations or funds unless the organization
serves separate and distinct populations as part of each statewide
federation or fund;
(iv) they list similarly named eligible local charitable
organizations in the same local campaign area unless the applicable
local employee committee, if one has been appointed by the state policy
committee, has determined that each organization delivers services
in different geographical areas within the local campaign area;
(v) they list a charitable organization as an affiliate
of more than one federation or fund certified as an eligible local
charitable organization unless the applicable local employee committee,
if one has been appointed by the state policy committee, has determined
that the charitable organization delivers services to separate and
distinct populations in the local campaign area as part of its membership
in the federations or funds;
(vi) they do not state that a local campaign manager
or a statewide federation or fund may distribute quarterly a state
employee's deductions;
Cont'd... |
