Wisconsin Administrative Code

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…

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…