Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter II - Disability Annuity › Section ETF 50.30 - Eligibility for a disability annuity

Current through June 24, 2024
(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 receive benefits under subch. III previously
				filed with the department will not cause a person to be ineligible for a
				disability annuity if a claim is filed on or after January 1, 2018 and the
				person is not receiving benefits under subch. III.
(1m) For purposes of eligibility under s.
				40.63(2),
				Stats., employment which is substantial gainful activity has intervened if,
				during any 12 consecutive calendar months beginning with the first of the month
				following the date service for the participating employer terminated, the
				participant received aggregate earnings, wages, salary and other earned income
				exceeding the annual dollar amount determined under s.
				40.63(11),
				Stats., that is in effect at the end of the 12 consecutive calendar month
				period.
(2) If the department
				determines that an applicant does not meet the requirements of s.
				40.63(1)
				(a), Stats., or this subchapter, the
				department shall deny the application. The applicant may file a written request
				for an appeal to the appropriate board under ch. ETF 11 no later than 90 days
				after the date the department's determination was mailed to the
				applicant.
(3) In measuring
				creditable service earned in a calendar year for purposes of s.
				40.63(1)
				(a), Stats., and in totaling accumulated
				creditable service for purposes of s.
				40.63(4),
				Stats., the creditable service shall be determined based upon the service that
				would have been credited if the participant's account had not been divided by a
				qualified domestic relations order to which s.
				40.08(1m) (b)
				1, Stats., applied.
(3m) For purposes of s.
				40.63(1)
				(a), Stats., only, if a participant was
				previously receiving a long-term disability insurance benefit under subch. III,
				which was terminated for reasons other than fraud, misrepresentation, error,
				mistake or failure to provide required information, the participant is deemed
				to have received full creditable service for any month for which the previous
				long-term disability insurance benefit was paid.
(4) For purposes of benefits administered
				under ch. 40, Stats., the participant shall be treated as terminated for all
				ch. 40, Stats., purposes effective on the date before the s.
				40.63,
				Stats., annuity is effective or on the termination date reported to the
				department by the employer, whichever is earlier. The benefits include, but are
				not limited to, health insurance coverage, sick leave credit usage, life
				insurance coverage, income continuation insurance coverage, Wisconsin
				retirement system coverage and death benefits under s.
				40.73(1) (am) and
				(c), Stats., and deferred compensation
				contributions and benefits under s.
				40.80,
				Stats. This rule does not preclude a participating employer from placing the
				participant on an administrative leave of absence for purposes of benefits not
				administered under ch. 40, Stats.