Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.19 - Treatment of purchased and other creditable service for percentage rates used to calculate retirement, disability and certain death benefits

Current through June 24, 2024
(1)
			 PURPOSE. 1999 Wisconsin Act 11 provides a higher percentage rate under s.
			 40.23(2m)
			 (e), Stats., for creditable service performed
			 before January 1, 2000. The purpose of this section is to further clarify what
			 percentage rate will apply to creditable service added to a participant's
			 account through service purchases, creditable military service, creditable
			 prior service, and any other service added to the participant's account as a
			 result of a court decision, legislation, or any other means, and assumed
			 creditable service used to calculate a disability benefit as provided in s.
			 40.63(8),
			 Stats.
(2) PURCHASED AND OTHER
			 CREDITABLE SERVICE. For purposes of s.
			 40.23(2m)
			 (e), Stats., all of the following shall
			 apply:
(a) For purposes of s.
			 40.23(2m) (em)
			 1 a., Stats., creditable service is forfeited
			 on the date the participant's benefit approval date for a benefit paid under s.
			 40.25(2),
			 Stats.
Note:
See s.
				ETF
				10.01(1k).
(b) Purchased service credit under s.
			 40.285(2)
			 (a), Stats., for service forfeited after
			 January 1, 2000 shall be treated as post-1999 service, regardless of when the
			 services were actually rendered. This same treatment applies to purchased
			 service credit for service that was originally forfeited before January 1,
			 2000, then purchased under s.
			 40.285(2)
			 (a), Stats., or s.
			 40.25(6),
			 1981-2001 stats., was subsequently forfeited after January 1, 2000, through a
			 separation benefit paid under s.
			 40.25(2),
			 Stats., then later purchased under s.
			 40.285(2)
			 (a), Stats., or s.
			 40.25(6),
			 1999-2001 stats.
Note:
Section
				40.25(6),
				Stats., was repealed by 2003 Wis. Act 33.
(c) Purchased service credit under s.
			 40.285(2)
			 (a), Stats., for creditable service forfeited
			 before January 1, 2000, will be treated as pre-2000 service if the creditable
			 service in question was forfeited before January 1, 2000, regardless of when
			 the service credit is purchased.
(d) If for any reason a participant who is
			 eligible to purchase service credit for both service that was forfeited before
			 January 1, 2000 and service that was forfeited after January 1, 2000, purchases
			 less than all of the available service credit, then the payment received shall
			 first be applied to purchase credit for service treated as pre-2000 service.
(dm) Purchased service credits
			 under s.
			 40.285(2)
			 (b), Stats., for other governmental service
			 will be treated as pre-2000 or post-1999 service depending on when the actual
			 services for which credit is purchased were rendered to the governmental entity
			 described in s.
			 ETF 20.17(1)
			 (f).
(e) A qualifying period of service purchased
			 under s.
			 40.285(2)
			 (d), Stats., shall be considered to be
			 performed before January 1, 2000.
(f) Executive service purchased under s.
			 40.285(2)
			 (c), Stats., shall be considered to be
			 performed before January 1, 2000.
(g) Creditable service granted under s.
			 40.02(17)
			 (gm), Stats., for services performed as an
			 assistant district attorney shall be considered to be performed before January
			 1, 2000.
(h) Teacher improvement
			 leave purchased under s.
			 40.285(2)
			 (e), Stats., shall be considered to be
			 performed before January 1, 2000.
(i) Junior teacher service purchased under s.
			 40.285(2)
			 (f), Stats., shall be considered to be
			 performed before January 1, 2000.
(j) Service performed as a member or employee
			 of the legislature or employee of a legislative service agency that is
			 purchased under 1999 Wis. Act 11, section 27 (2), shall be considered to be
			 performed before January 1, 2000.
(k) Creditable prior service credited under
			 s.
			 40.02(16),
			 Stats., that was actually performed before January 1, 2000 shall be considered
			 to be performed before January 1, 2000. Creditable prior service that was
			 actually performed after December 31, 1999 shall be considered to be performed
			 after that date.
(l) Any other
			 service actually performed before January 1, 2000 that is credited to the
			 participant's account as a result of a court decision, legislation, or any
			 other means shall be considered to be performed before January 1, 2000 for the
			 purpose of determining the applicable percentage rate under s.
			 40.23(2m)
			 (e), Stats.