Wisconsin Administrative Code

ERC 80.11 Consequence of failure to achieve support of 51 percent of those eligible to vote in the annual certification election. If no representative is ultimately supported by a minimum of 51 percent of the employees eligible to vote, the commission shall issue a certification …

ERC 80.12 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and…

ERC 9.01 Scope. This chapter governs the general procedure relating to discretionary declaratory rulings requested under s. 227.41, Stats., concerning the Wisconsin Employment Peace Act and rules concerning its administration.

ERC 9.02 Petition. Any interested person may file a petition requesting that the commission issue a declaratory ruling about the applicability to any person, property or state of facts of any provision of the Wisconsin Employment Peace Act or any rule concerning its administratio…

ERC 9.03 Statement in response to petition. Practice and procedure regarding filing of a statement in response to a petition for discretionary declaratory ruling shall be as set forth in s. ERC 19.03.

ERC 9.04 Withdrawal of petition. Practice and procedure regarding withdrawal of a petition for discretionary declaratory ruling shall be as set forth in s. ERC 19.04.

ERC 9.05 Motions. Practice and procedure regarding motions in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 18.06. ERC 9.06 Commission action on petition. Practice ERC 9.07 ERC 9.08 ERC 9.09 ERC 9.10 ERC 9.11 Notice of hearing. Hearings. Findings of…

ERC 9.07 Notice of hearing. Practice and procedure regarding a notice of hearing in a discretionary declaratory ruling proceeding shall be as set forth in s. ERC 19.07.

ERC 9.08 Hearings. Practice and procedure for hearings in discretionary declaratory ruling proceedings shall be as set forth in s. ERC 19.08.

ERC 9.09 Findings of fact, conclusions of law and declaratory ruling. After submission of the case, the commission shall either make and file its findings of fact, conclusions of law and declaratory ruling or issue an order denying the petition. Practice and procedure regarding c…

ERC 9.10 Effect of declaratory ruling. The effect of a discretionary declaratory ruling issued under this chapter shall be as set forth in s. ERC 19.10.

ERC 9.11 Petition for rehearing. Any person aggrieved by a final order of the commission may, within 20 days after service of the order, file a written petition for rehearing which shall specify in detail the grounds for the relief sought and supporting authorities. Practice and …

ETF 10.01 Definitions. Words, phrases, and terms used in all ETF chapters which are not defined in this section shall have the meaning set forth in s. 40.02, Stats.: (1g) XActive military serviceY and Xactive service,Y as that term is used with reference to military service, incl…

ETF 10.03 Creditable service. (1) For annual earnings periods beginning on or after January 1, 1985, each participating employer shall determine and report service in hours for each participating employee in the manner prescribed in this section. Earnings which are paid to a teac…

ETF 10.05 Creditable service for Milwaukee teachers. Creditable service for Milwaukee teachers shall be granted for teaching services performed for governmental agencies other 4 than the city of Milwaukee pursuant to ss. 42.70 (2) (s), 42.78 (1) (a), 42.81 and 42.91, 1979 Stats.,…

ETF 10.07 Leave of absence. (1) A person on a paid leave of absence from a position in which the person was a participating employee shall continue to qualify as a participating employee. (2) Service shall be determined and reported by the employer in the following manner: (a) If…

ETF 10.08 Separation from employment. (1) SCOPE. the chapter was last published. 5 EMPLOYEE TRUST FUNDS (a) This section defines separation of employment under s. 40.23 (1) (a) 1., Stats., for purposes of establishing eligibility to receive benefits from the Wisconsin retirement …

ETF 10.10 Employee trust funds board and teachers retirement board elections. (1) PURPOSE. This section establishes procedures for all elections of persons to the employee trust funds board or the teachers retirement board, pursuant to ss. 15.16 (1) (d) and (f), 15.165 (1) and (3…

ETF 10.12 Separate retirement system participation in the retirement trust fund. (1g) PROCEDURE. The governing body of a separate retirement system qualifying under sub. (5) may request participation in the retirement trust fund by the adoption of a resolution accepting the provi…

ETF 10.15 Annuity reserves. The amounts credited to and the liabilities of the reserves for annuities granted shall be determined by the actuary on the basis of separate male-female experience with adjustments as necessary to reflect actual and projected experience of participant…

ETF 10.20 Approval of group insurance plans for state employees. (1) In addition to group insurance plans specifically provided in ch. 40, Stats., and pursuant to s. 20.921 (1) (a) 3., Stats., the group insurance board shall approve or disapprove group insurance plans for which p…

ETF 10.25 Core retirement investment trust partici- ETF 10.25 WISCONSIN ADMINISTRATIVE CODE

ETF 10.30 Variable division participation. (1) PURThe purpose of this section is to interpret s. 40.04 (7), Stats. This section establishes the procedures for electing to participate, participating and electing to terminate participation in the variable division of the trust fund…

ETF 10.50 Sick leave conversion credits. (1) The amount of accumulated unused sick leave under s. 36.30, Stats., for all faculty and academic staff other than such faculty and staff appointed to work for either 52 or 39 weeks per year in the University of Wisconsin System convert…

ETF 10.55 Joint instrumentalities; reporting participating employees, service and earnings. (1) SCOPE. This section applies to reporting and contributions with respect to employment by joint instrumentalities created by 2 or more units of government, when all of the following app…

ETF 10.60 Reports and payments. (1) Every employer, which has one or more employees as a participant under ch. 40, Stats., shall: (a) Prepare and transmit a coverage report or reports to the department for each calendar month. Such reports shall be in the form prescribed by and i…

ETF 10.63 Due dates. (1) Reports and remittances required under this chapter shall be submitted to the department as follows: (a) Contribution reports and remittances from state departments, excluding university and other state department reports which pertain to teachers only, r…

ETF 10.633 Debiting participant account to fund benefit. (1) Except as provided in sub. (2), the date on which a participant[s account in the employee accumulation reserve shall be debited to fund the benefit, as provided in s. 40.04 (4) (a) 3., Stats., shall be as follows: (a) F…

ETF 10.635 Late paid earnings. Except for purposes of s. 40.05 (3), Stats., contributions and premiums due on late-paid earnings, including payments for retroactive changes in earning rates and those considered covered earnings under s. 40.02 (22) (b) 9., Stats., shall be determi…

ETF 10.64 Late reporting charges and interest. (1) Except as provided in s. ETF 10.63 (2) and (3) and this subsection, any report or remittance not received within the period specified in this chapter, ch. 40, Stats., or an insurance contract between the group insurance board and…

ETF 10.65 Refund of excess contributions. The department shall refund contributions to be allocated to a participant[s account that exceed the limits specified in s. 40.32, Stats., in accordance with s. 40.08 (6), Stats., according to the correction methods allowed under the Empl…

ETF 10.70 Individual personal information. (1) XIndividual personal informationY means all information in any individual record of the department, including the date of birth, earnings, contributions, interest credits, beneficiary designations, creditable service, marital or dome…

ETF 10.71 Transcript fees. (1) The department shall provide a party to an appeal under ch. ETF 11, or a party to department proceedings under s. 227.42, Stats., with a copy of the transcript of any proceedings upon request and payment of a fee. The party shall make the request fo…

ETF 10.72 Fee for search of historical records. Individuals and employers may be charged an administrative fee of $5.00 for information concerning an account or record which is not readily available and which requires a search of historical records, either within the department o…

ETF 10.75 Power of attorney. (1) As used in this section, Xpower of attorneyY includes all of the following: (a) A uniform statutory power of attorney as set forth in s. 244.61, Stats. (b) A uniform statutory power of attorney as defined under and containing the language required…

ETF 10.78 Guardianship requirements. (1) When the amount of a single sum benefit payment to a minor, as defined under s. 54.01 (20), Stats., or incompetent, as described in s. 54.10 (3), Stats., exceeds $5,000, or when an annuity or disability annuity is payable, payment shall be…

ETF 10.79 Reasonable efforts to locate benefit payees. (1) The department shall make reasonable efforts to maintain current addresses on file for participants, other than for participating employees under s. 40.02 (46), Stats., alternate pay- the chapter was last published. 17 EM…

ETF 10.82 Receipt by the department. (1) DATE OF RECEIPT OR FILING; NONBUSINESS HOURS AND HOLIDAYS EXCLUDED. (a) Except as otherwise specifically provided in par. ETF 10.82 cerning the circumstances under which the document arrived at the department, including dates or times. (c)…

ETF 10.84 Response to requests. (1) The department shall generally attempt to respond to requests to provide documents such as informational brochures, blank forms and annuity or disability estimates in the order in which such requests are received by the department. (2) When the…

ETF 10.85 Prohibited transactions. Effective January 1, 1989, the department may not engage in a prohibited transaction as defined in section 503 (b) of the internal revenue code.

ETF 10.86 Electronic deposits. Any member, beneficiary, or distributee of any estate receiving benefits payable under any of the benefit plans administered by the department may have the benefits paid via electronic deposit into a financial institution account owned by a represen…

ETF 11.01 Purpose and scope. (1) The purpose of this chapter is to establish a regular and uniform system of procedures and rules governing the review of appealable department determinations by the board responsible for the subject matter. This chapter interprets the provisions o…

ETF 11.02 Definitions. Words, phrases and terms used in this chapter have the same meanings as set forth in s. 40.02, Stats., and s. ETF 10.01, except as defined in this chapter or where the context clearly indicates a different meaning. In this chapter: ETF 11.10 ETF 11.105 ETF …

ETF 11.04 Hearing examiner. (1) EXAMINER TO HEAR APPEAL. A hearing examiner shall preside over each appeal to the board. (2) QUALIFICATIONS. The department shall contract with a person to serve as a hearing examiner. The person shall be an at- 4 torney or administrative law judge…

ETF 11.05 Discovery. There is no right to take and preserve evidence prior to the hearing, except as provided in this section. (1) No party to an appeal shall have access to individual personal information in the records of the department except as expressly authorized under s. 4…

ETF 11.07 Informal disposition. (1) Disposition of an appeal under this section requires no further action by the hearing examiner or board. After the parties have informed the hearing examiner in writing that the appeal has been disposed of informally pursuant to this section, t…

ETF 11.08 Final disposition by hearing examiner. (1) The hearing examiner[s findings, conclusions and order dismissing an appeal as provided in this section shall be the final decision of the board. (2) The hearing examiner shall prepare and issue a dismissal, in the form and man…