Wisconsin Administrative Code

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…

ETF 11.09 Proposed decision. (1) CONTENTS. The proposed decision shall be in the same form and comply with the same standards as is required for a final decision. If the hearing examiner concludes that the decision may depend upon the interpretation of an ambiguous statute, the p…

ETF 11.10 Ex parte communications. (1) The secretary and department employees may respond to any request made by the board or a board member for information required in the ordinary course of exercising the board[s regulatory and supervisory functions, even if the information req…

ETF 11.105 Board member conflict of interest. (1) No board member or employee of the department may participate in any appeal directly related to a specific benefit, credit, claim or application of the person. (2) No board member may participate in deciding an appeal to which the…

ETF 11.11 Counsel for the board. (1) In accordance with s. 40.03 (3), Stats., board staff shall arrange for legal counsel to advise the board during its consideration of a final decision. (2) Any legal counsel asked to represent the board under sub. (1) shall fully disclose any r…

ETF 11.12 Final decision. (1) FORM. Final decisions, and proposed decisions to be considered by the board, shall be in writing and include: (a) Findings of fact, consisting of a concise and separate statement of the ultimate conclusion upon each material issue of fact, without re…

ETF 11.13 Record. (1) The hearing examiner and appeals coordinator shall create a record of each appeal, which shall include all of the following: (a) All applications, pleading, motions, intermediate rulings and exhibits and appendices. (b) Evidence received or considered, stipu…

ETF 11.14 Petition for rehearing. (1) TIME LIMITS; ADDRESS. A party aggrieved by the final decision may file a petition for rehearing within 20 days after notice of the final decision is mailed. The petition for rehearing is subject to the following requirements: (a) The petition…

ETF 11.15 Judicial review. (1) INTERESTED PARTIES. Each person included as a party by the hearing examiner who appeared before the hearing examiner in the proceedings, including the department, may seek judicial review of the final board decision. If, in the opinion of the secret…

ETF 11.16 Miscellaneous provisions. (1) COMPUTFor the purposes of this chapter, unless otherwise specified, the time in which an action shall be taken when expressed in days shall be computed by excluding the first day and including the last, except that if the last day falls on …

ETF 20.015 Participating employees. (1) PARTICIPATING EMPLOYEES: ONE-THIRD OF FULL-TIME EMPLOYMENT. (a) Non-teachers. Except as provided in par. (b) and (c), for purposes of s. 40.22, Stats., 600 hours of employment with an employer in one year is considered one-third of full-tim…

ETF 20.016 Student employees. (1) As provided in s. 40.22 (2) (gm), Stats., a participating employer may not include under the provisions of the Wisconsin retirement system an employee first hired on or after April 23, 1992, if the employee is under the age of 20 and is regularly…

ETF 20.017 Employer resolutions to participate. If the official notice of election to be included has been received by the department on or before November 15, the effective date of participation of the employer shall be the ensuing January 1. If the department receives the notic…

ETF 20.02 Rehired annuitants. (1) SCOPE. In this section, Xrehired annuitantY means a participant on or after July 1, 1996, who has applied for and is eligible to receive a monthly annuity under s. 40.23, Stats., including satisfying the requirement to remain separated from parti…

ETF 20.025 Minimum retirement age. (1) REGULAR RETIREMENT ANNUITIES AND LUMP SUMS IN LIEU OF AN ANNUITY. The earliest age at which a person may qualify to receive an annuity under s. 40.23 or 40.24, Stats., or a lump sum in lieu of an annuity under s. 40.25 (1), Stats., is the mi…

ETF 20.0251 Exclusive benefit. (1) The Wisconsin retirement system is maintained for the exclusive benefit of participants and their beneficiaries. (2) No contributions or earnings on contributions may revert, and no contributions may be permitted to be returned to a participatin…