Wisconsin Administrative Code

ETF 20.03 Annuity computations. (1) For purposes of annuity computations, an applicant[s age shall be determined to the nearest month. (2) For purposes of determining maximum benefits under s. 40.23 (2), Stats., and accelerated benefits under s. 40.24 (4), Stats., except as provi…

ETF 20.04 Optional forms of annuity. Pursuant to s. 40.24, Stats., a participant may elect one of the optional annuity forms prescribed in this section in lieu of an option prescribed under s. 40.24, Stats.: (1) A joint and survivor annuity with payments reduced 25% effective eit…

ETF 20.05 Accelerated payment annuity options. (1) A participant, alternate payee or beneficiary shall not be eligible for the accelerated payment annuity if the reduced annuity payable for life in the normal form under s. 40.24 (1) (e), Stats., would be equal to or less than $12…

ETF 20.06 Early retirement reduction factors. Pursuant to s. 40.23 (2), Stats., this section applies only to participants who are not participating employees after March 9, 1984. In computing a formula annuity in the normal form beginning prior to the normal retirement date of a …

ETF 20.07 Annuity options — automatic distributions. (1) When the department begins to distribute an account under the provisions of s. 40.23 (4) (c), Stats., the benefit shall include the amount, if any, which can be provided by accumulated employer and employee required and add…

ETF 20.08 Termination of marriage or domestic partnership for determination of beneficiary. For purposes of determining a beneficiary under s. 40.02 (8) (a) 2., Stats., a judgment, order or decree of divorce, legal separation or an annulment of the marriage terminates the marital…

ETF 20.10 Domestic partner benefits. (1) For the purposes of this section, XmemberY means any of the following persons: (a) Participant. (b) Annuitant. (c) Eligible employee. (d) Beneficiary. (e) Alternate payee. (f) Recipient of duty disability benefits under s. 40.65, Stats. (2…

ETF 20.12 Payments considered Wisconsin retirement system earnings. (1) (a) The purpose of this section is to establish the circumstances under which some or all payments made as a remedy for an employment dispute may be treated as earnings for Wisconsin retirement system purpose…

ETF 20.17 Service purchases. (1) GENERAL PROVISIONS. (a) Scope. This section applies to service purchases under s. 40.285, Stats. the chapter was last published. ETF 20.17 WISCONSIN ADMINISTRATIVE CODE (b) Preparation of estimates; deadline for application. 1. Upon request, the d…

ETF 20.19 Treatment of purchased and other creditable service for percentage rates used to calculate retirement, disability and certain death benefits. (1) PURPOSE. 1999 Wisconsin Act 11 provides a higher percentage rate under s. 40.23 (2m) (e), Stats., for creditable service per…

ETF 20.21 Changing annuity effective dates. An annuity effective date shall not be changed after the effective date of the annuity unless the applicant[s written request for the change is received by the department within 60 days after the date on which the first annuity check, s…

ETF 20.23 Adjusting annuities for equity after reentry into service. (1) Pursuant to s. 40.03 (1) (a), Stats., in determining the monthly amount of a recomputed annuity in the normal form under s. 40.26 (3), Stats., the applicant[s estimated social security benefit shall not be g…

ETF 20.25 Core and variable annuity changes. Annuity changes shall be made as follows: (1) (a) Except as otherwise provided in par. (b), a core annuity dividend, as recommended by the actuary and approved by the chair of the employee trust funds board and the department[s secreta…

ETF 20.30 Annuity underpayments. Pursuant to s. 40.08 (7) (c), Stats., if an annuity under s. 40.23, 40.24, 40.63, or 40.73, Stats., is underpaid by more than $2 in a month, and if that underpayment is uncorrected for 12 or more months, then the payment to the annuitant to correc…

ETF 20.35 Qualified domestic relations orders; division of WRS accounts and annuities. (1) SCOPE AND PURPOSE. (a) This section applies to any order to divide any benefit of the Wisconsin retirement system which is received by the department. Note: The department has approved the …

ETF 20.37 Death benefits. (1) TERMINATION PRIOR TO If employment with a participating employer actually terminated prior to the death of the participant, then the participant may not be treated as a participating employee for purposes of s. 40.71, Stats., regardless of when notic…

ETF 20.39 Delinquent state tax obligations. (1) PAYMENTS SUBJECT TO ATTACHMENT. As provided by s. 40.08 (1r), Stats., in order to satisfy delinquent tax obligation of a person, the Wisconsin department of revenue may attach any one of the following types of payment being made by …

ETF 40.01 Coverage of an insured surviving dependent. (1) DEATH OF INSURED EMPLOYEE DOES NOT TERMINATE COVERAGE FOR SURVIVING INSURED DEPENDENTS. (a) Scope. This section applies only when an insured employee had family health insurance coverage under s. 40.51, Stats., in effect a…

ETF 40.10 Public employers health insurance. (1) An employee of an employer, other than the state, shall be eligible for health insurance under s. 40.51 (7), Stats., if requirements of ss. 40.02 (46) and 40.22, Stats., or of s. 40.19 (4) (a), Stats., are satisfied. An employee of…

ETF 50.10 Public employer income continuation insurance. (1) An employee of an employer, other than the state, shall be eligible for income continuation insurance under s. 40.61 (3), Stats., if the requirements of ss. 40.02 (46) and 40.22, Stats., are satisfied. (3) The employer …

ETF 50.30 Eligibility for a disability annuity. (1) A person may be eligible for a disability annuity under s. 40.63, Stats., provided the person is not receiving benefits under subch. III. (1g) For purposes of eligibility under s. 40.63 (1), Stats., an election of coverage to re…

ETF 50.31 Cancellation of a disability annuity application. An application for a disability annuity under s. 40.63, Stats., shall be canceled upon request of the applicant if the applicant[s written request for cancellation is received by the department no later than the close of…

ETF 50.315 Termination for fraud, misrepresentation, error, or mistake. ETF 50.32 Definitions. ETF 50.42 ETF 50.44 ETF 50.52 ETF 50.54 ETF 50.56 ETF 50.58 ETF 50.60 ETF 50.62 Definitions. Scope and application. LTDI benefits. Administration. Termination or suspension of benefits.…

ETF 50.32 Definitions. In this subchapter and s. 40.63, Stats.: (1) XLast day paidY means the most recent date for which the employee was paid earnings, including accumulated sick leave, other paid leave, vacation, compensatory time or worker[s compensation temporary disability b…

ETF 50.40 Purpose. The purpose of this subchapter is to administer the long-term disability insurance program for participating employees who are receiving benefits under this subchap- 2 ter. For a claim to be approved under this subchapter, it must have been filed with the depar…

ETF 50.42 Definitions. Words, phrases and terms used in this subchapter have the same meaning as set forth in s. 40.02, Stats., and s. ETF 10.01, except as defined in this subchapter or where the context clearly indicates a different meaning. In this subchapter: (1) XClaimantY me…

ETF 50.44 Scope and application. This subchapter applies to any person who is receiving benefits under this sub- the chapter was last published. 3 EMPLOYEE TRUST FUNDS chapter or has filed a claim for benefits with the department before January 1, 2018. History: Emerg. cr. eff. 1…

ETF 50.52 LTDI benefits. (1) BASIC BENEFIT. (a) Benefit amount. The basic LTDI benefit payable to recipients shall be a monthly payment of 40% of the recipient[s final average salary or 50% of FAS for a recipient not personally covered under OASDHI. The basic benefit amount, once…

ETF 50.54 Administration. (1) PLAN ADMINISTRATOR. The department shall administer the plan established by this subchapter on behalf of the employee trust funds board unless otherwise expressly provided in an administrative services contract between the employee trust funds board …

ETF 50.56 Termination or suspension of benefits. (1) DURATION OF BENEFITS. Except as otherwise provided in this section: (a) For a recipient whose LTDI benefit effective date is prior to the date the recipient attains age 61, all LTDI benefits terminate at the end of the month in…

ETF 50.58 Special provisions applicable to protective occupation participants. (1) NOT TOTALLY AND PERMANENTLY DISABLED. An LTDI recipient who is a protective occupation participant is not disqualified from receiving LTDI benefits although not totally and permanently disabled, pr…

ETF 50.60 Plan funding. The actuary shall determine liabilities for the LTDI program annually and include those liability determinations in the calculation of contribution rates as determined under s. 40.05, Stats., for the Wisconsin retirement system, based on the information av…

ETF 50.62 Proration of adjustment percentages and monthly benefits. (1) ANNUAL ADJUSTMENTS TO BENEFITS. The percentage of the annual adjustment to a recipient[s LTDI basic benefits or retirement supplemental benefits under s. ETF 50.52 (1) (a) or (2) (b) shall be prorated in the …

ETF 52.01 Purpose and scope. (1) SCOPE. This chapter applies to the administration of the duty disability program under s. 40.65, Stats. (2) PURPOSE. The purpose of this chapter is to codify the interpretations of s. 40.65, Stats., and general policies adopted by the department w…

ETF 52.02 Definitions. Unless the context clearly requires otherwise, words, phrases and terms shall have the meanings set forth in s. 40.02, Stats., and s. ETF 10.01. In this chapter: (1) XEffective dateY means the date determined under s. ETF 52.10. (1m) XFire fighterY means an…

ETF 52.04 Department authority and duties. (1) ADMINISTER. The department shall administer the duty disability benefit program on behalf of the Wisconsin retirement board under s. 40.65, Stats., and this chapter. (2) REQUEST INFORMATION. The department may request any income or b…

ETF 52.06 Application for duty disability benefits. (2) RECEIPT DATE. An application for duty disability benefits is initiated on the date the completed form, currently prescribed by the department for that purpose, is received by the department in accord with s. ETF 10.82. (3) C…

ETF 52.07 Disability. A participant is disabled within the meaning of s. 40.65 (4), Stats., if all of the following apply: (1) WORK-RELATED. The participant was injured while performing his or her duty as a protective occupation participant of a participating employer or contract…

ETF 52.08 Qualifying date. (1) IN GENERAL. A participant[s qualifying date is the date on which he or she becomes disabled within the meaning of s. 40.65 (4), Stats., and s. ETF 52.07, as determined under this section. (2) RETIREMENT. If eligibility for duty disability benefits i…

ETF 52.10 Effective date of duty disability benefits. The department shall establish an effective date for duty disability benefits for each participant whose application for duty disability benefits is granted. Duty disability benefits are not retroactive. The effective date for…

ETF 52.12 Monthly salary and subsequent adjustments. (1) INITIALLY DETERMINED BY EMPLOYER. A participant[s monthly salary shall be initially determined by the employer in whose service the disability occurred by adding together the regular monthly earnings, prorated cash payments…

ETF 52.14 Duty disability benefits for state employees. (1) Except as provided in sub. (2) or (3), the maximum monthly duty disability benefit payable to a participant who is a state employee is 80% of the participant[s monthly salary adjusted as provided in s. 40.65 (5) (b) and …

ETF 52.15 Reduction of duty disability monthly salary based on years of service. (1) As of the date of receipt of the duty disability application, the department shall apply s. 40.65 (5) (a), Stats., as follows: (a) If creditable service is 25 years or less, no reduction will be …

ETF 52.16 Reductions in monthly duty disability benefits. (1) IN GENERAL. (a) Income guarantee. The duty disability benefit for eligible protective occupation participants shall be administered as an income guarantee program. The amount equal to the percentage of monthly salary g…

ETF 52.18 Establishing estimated monthly reductions. (1) The department may reduce monthly duty disability benefits consistently during a year by estimating applicable reductions and correcting any resulting over- or under-payments in an annual reconciliation. (2) The department …

ETF 52.20 Collection of excess benefits paid in error. The department shall inform the participant of any overpayment of duty disability benefits as identified and determined by the department. If not immediately repaid by the participant, the department shall utilize its authori…

ETF 52.22 Death benefits. (1) FATALITIES. For purposes of paying a death benefit under s. 40.65 (7) (am), Stats., and sub. (2), a protective occupation participant who suffers fatal injury while performing the participant[s duty, or who dies due to a disease contracted due to the…

ETF 52.24 Required reporting by duty disability recipients; failure to submit. (1) MONTHLY EARNINGS FROM EMPLOYMENT. A person receiving duty disability benefits shall keep records of all earnings received, including profits from selfemployment, during each month beginning with th…

ETF 52.26 Termination of duty disability benefits. (1) The department may terminate duty disability benefits for any person who refuses to submit or fails to timely submit information requested by the department, including but not limited to income or benefit information, or info…

ETF 52.28 Appeals. (1) Except as provided in sub. (2) all determinations made by the department under this chapter, including, but not limited to the calculation of the applicant[s monthly salary, are subject to appeal to the Wisconsin retirement board as provided in ch. ETF 11. …