reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.06 - Violation of designation requirements

Current through June 24, 2024
(1) If the
			 department of health and family services cites a type 2 CCI for a violation of
			 standards, the type 2 CCI shall notify the designated department contact person
			 within 48 hours of receiving the citation, excluding weekends and legal
			 holidays, and send a copy of the written citation to the department within 3
			 days of receiving the citation.
(2)
			 If the department of health and family services withdraws its approval for the
			 operation of a CCI or its approval to operate a type 2 CCI, the department
			 shall withdraw the CCIs type 2 CCI designation.
(3) If a type 2 CCI violates a provision of
			 this chapter or a contract provision under s.
			 DOC
			 394.04(1), the department may take
			 one or more of the following actions:
(a)
			 Send the type 2 CCI a written notice of the violation and require the type 2
			 CCI to correct the violation within a specified period of time.
(b) Remove the CCIs type 2 CCI designation
			 and send notice of the removal to the juvenile courts, county departments, and
			 department of health and family services.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.07 - Notification to youth

Current through June 24, 2024
(1) REQUIRED NOTIFICATION. A county agent
			 shall notify a type 2 status youth at or prior to intake, and a supervisor or
			 designee of the type 2 CCI shall notify type 2 status youth at intake of all of
			 the following:
(a) The rules of the type 2 CCI
			 that the youth is to follow, and the possible consequences if the youth
			 violates a rule, including placement in a type 1 secured correctional facility
			 for up to 10 days without a hearing.
(b) The definition of escape and the possible
			 consequences of escape, including placement in a type 1 secured correctional
			 facility for up to 10 days without a hearing.
(c) The procedure that the type 2 CCI and the
			 county department will follow in the event of an alleged rules violation or
			 escape, including the youth's rights to request review of an allegation or a
			 decision by the type 2 CCI or the county department.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.08 - Escape

Current through June 24, 2024
(1) DEFINITION. A youth placed in a type 2
			 CCI who has physically left the grounds of the facility, or a youth in that
			 placement who is subsequently placed in a less restrictive placement under s.
			 938.357(4)
			 (c) 2, Stats., shall be considered to have
			 escaped if the youth is absent without permission from or leaves one or more of
			 the following placements or scheduled activities without permission:
(a) The youth's residence or other assigned
			 placement.
(b) A scheduled school
			 classroom or training site.
(c) A
			 scheduled work site.
(d) An
			 assigned report center or other department office.
(e) Any other scheduled program or activity,
			 including an authorized treatment program, community service assignment or any
			 other activity established in the youth's daily schedule.
(f) Any other place to which the youth has
			 been assigned, including an approved home visit.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.09 - Use of physical force

Current through June 24, 2024
(1) ESCAPE. Whenever practical, staff shall
			 rely on law enforcement authorities when it is necessary to use force to
			 apprehend a type 2 status youth who has escaped. When it is not practical to
			 use law enforcement, trained staff may use physical force in accordance with
			 this section only if it is immediately necessary to stop a youth in the act of
			 escaping or to take a youth who has escaped into physical custody.
(2) CORPORAL PUNISHMENT. Staff may not impose
			 corporal punishment on any youth.
(3) AMOUNT OF PHYSICAL FORCE. Only reasonable
			 and the minimum necessary force may be used stop a youth in the act of escaping
			 or to apprehend a youth under s.
			 938.08(3),
			 Stats. Staff may not use excessive force. All of the following procedures apply
			 to the use of force to unless use of the procedures would facilitate an escape:
(a) Staff shall not attempt to physically
			 handle a youth until sufficient trained staff are present for a show of
			 physical force.
(b) Staff shall ask
			 a youth to voluntarily comply.
(c)
			 If a youth refuses to voluntarily comply, one or more trained staff may firmly
			 grasp the youth.
(d) Trained staff
			 shall restrain a youth as necessary for the protection of the youth or others
			 or to transport the youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 394 - Type 2 Child Caring Institutions › Section DOC 394.10 - Mechanical restraints

Current through June 24, 2024
(1) GENERAL. Trained staff may use mechanical
			 restraints only in accordance with this section.
(2) REASONS FOR USING MECHANICAL RESTRAINTS.
			 Mechanical restraints may be used for any of the following purposes:
(a) To stop a type 2 status youth in the act
			 of escaping.
(b) To transport a
			 type 2 status youth who has escaped and been apprehended.
(c) To temporarily restrain a type 2 status
			 youth in the type 2 CCI until the youth can be transported to a secure
			 detention facility, a mental health or medical facility or a type 1 secured
			 correctional facility.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.01 - Authority and purpose

Current through June 24, 2024
(1) This chapter is promulgated under the
			 authority of ss.
			 227.11(2),
			 938.533(2),
			 938.538(7)
			 and
			 938.539(6),
			 Stats., to provide rules for all of the following:
(a) The community-based corrective sanctions
			 program for youth who have been placed under the supervision of the department
			 under s.
			 938.183,
			 938.34(4h),
			 (4m) or
			 938.357(4),
			 Stats., and placed in the program by OJOR.
(b) The SJO program for youth who have been
			 placed under the supervision of the department under s.
			 938.34(4h),
			 Stats.
(c) Type 2 secured
			 correctional facilities under ss.
			 938.357(4)
			 and
			 938.539, Stats.,
			 for youth who have been transferred to a type 2 secured correctional facility
			 by OJOR.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.02 - Applicability

Current through June 24, 2024
This chapter applies to the department and to youth whose
				supervision is transferred to the department pursuant to ss.
				48.366
				and
				938.183,
				938.34(4h)
				or (4m) or
				938.357(4),
				Stats., who are evaluated for and selected to participate in the corrective
				sanctions program under s.
				938.533,
				Stats., the community phase of the SJO program under s.
				938.538,
				Stats., or for transfer to a community placement in a type 2 secured
				correctional facility under s.
				938.357(4)
				(am), Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.04 - Designation as a type 2 secured correctional facility

Current through June 24, 2024
To be designated by the department as a type 2 secured
				correctional facility, a CCI shall do all of the following:
(1) Obtain approval to operate a type 2
			 secured correctional facility by the department of health and family
			 services.
(2) Apply for designation
			 as a type 2 secured correctional facility in a manner specified by the
			 administrator.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.05 - Maintaining designation

Current through June 24, 2024
To maintain a designation by the department as a type 2 secured
				correctional facility, a CCI shall do all of the following:
(1) Abide by the provisions of this chapter
			 and type 2 secured correctional facility policies and procedures that the
			 facility agrees to by contract with the department.
(2) Maintain approval of the department of
			 health and family services to operate a CCI and a type 2 secured correctional
			 facility and abide by the rules, policies and procedures of the department of
			 health and family services.
(3)
			 Require staff who are authorized to use force and mechanical restraints on a
			 type 2 status youth to complete a training program and periodic retraining
			 approved by the department. Training shall include incident prevention and
			 de-escalation and the safe and correct use of physical and mechanical
			 restraints. Evidence of successful completion of training shall be retained in
			 staff personnel files.
(4) Develop
			 and maintain policies and procedures specific to type 2 status youth as
			 required by the department and the department of health and family
			 services.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.06 - Violation of designation requirements

Current through June 24, 2024
(1) If the
			 department of health and family services cites a type 2 secured correctional
			 facility for a violation of standards, the type 2 secured correctional facility
			 shall notify the designated department contact person within 48 hours of
			 receiving the citation, excluding weekends and legal holidays, and send a copy
			 of the written citation to the department within 3 days of receiving the
			 citation.
(2) If the department of
			 health and family services withdraws its approval for the operation of a CCI or
			 its approval to operate a type 2 secured correctional facility, the department
			 shall withdraw the CCI's type 2 secured correctional facility
			 designation.
(3) If a type 2
			 secured correctional facility violates a provision of this chapter or a
			 contract provision, the department may take one or more of the following
			 actions:
(a) Send the type 2 secured
			 correctional facility a written notice of the violation and require the type 2
			 secured correctional facility to correct the violation within a specified
			 period of time.
(b) Remove the
			 CCI's type 2 secured correctional facility designation and send notice of the
			 removal to the juvenile courts and county departments.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.07 - Referral of youth for type 2 community supervision programming

Current through June 24, 2024
(1) CRITERIA FOR
			 PARTICIPATION. A youth may be considered for participation in CSP, the SJO
			 community supervision phase or a type 2 secured correctional facility program
			 if all of the following apply:
(a) The youth
			 is not likely to present a physical danger to self or to others if living in a
			 type 2 secured correctional facility setting.
(b) An appropriate type 2 secured
			 correctional facility placement is available.
(c) The security, supervision and programming
			 needs of the youth can be met in a type 2 secured correctional facility
			 setting.
(d) If the youth is to be
			 placed in a family setting, the youth's parent, guardian or other adult with
			 whom the youth will reside agree that they are willing to participate in the
			 program and comply with all rules and conditions of the program.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.09 - Responsibilities of staff

Current through June 24, 2024
(1) GENERAL RESPONSIBILITIES. All of the
			 following apply to youth and staff shall require that each youth:
(a) Is free from discrimination based on
			 race, national origin, color, creed, sex, age, sexual orientation, marital
			 status, political affiliation, disability, ethnicity, religion, or
			 ancestry.
(b) Is protected from
			 abuse or neglect.
(c) Is provided
			 with an interpreter if the youth's ability to speak, understand, read or write
			 English is limited.
(d) Is placed
			 in the youth's parental home when this is consistent with the individual's
			 correctional programming and the protection of the public.
(e) Is involved in planning his or her
			 ongoing correctional program.
(f)
			 Has appropriate access to the courts and legal counsel.
(g) Has access to appropriate department,
			 county department and community programs and services consistent with the
			 protection of the public and the youth's individual needs.
(h) Has his or her educational, vocational,
			 drug or alcohol abuse, mental health and other programming needs
			 addressed.
(i) Has the opportunity
			 to visit with and communicate orally or by mail with an attorney or persons
			 approved by staff within reasonable guidelines established by the department or
			 a placement agency.
(j) Has the
			 opportunity to participate in authorized recreational and leisure-time
			 activities and appropriate religious activities.
(k) Is monitored by CSP staff, if in the CSP
			 program, 24 hours a day by a combination of programming, staff contacts and
			 electronic monitoring.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.10 - Discipline

Current through June 24, 2024
(1) In this section:
(a) "Major offense" means a violation of one
			 or more of the rules of supervision for which a major sanction may be imposed
			 if the accused youth is found guilty. A major offense is an offense listed in
			 s.
			 DOC
			 373.11(4) or any offense listed in
			 the youth's conduct rules which is identified as a major offense.
(b) "Major sanction" means a temporary
			 placement in a type 1 secured correctional facility or other sanction
			 placement. An agent, with a supervisor's approval, may impose a major sanction
			 that does not exceed 5 days. A regional chief may impose a major sanction that
			 does not exceed 14 days. The administrator may impose a major sanction that
			 exceeds 14 days. A major sanction does not require review and approval of OJOR
			 under ch. DOC 371.
(c) "Minor
			 offense" means a violation of one or more of the rules of supervision for which
			 a minor sanction may be imposed if the accused youth is found guilty.
(d) "Minor sanction" includes, but is not
			 limited to, community service, restitution, loss of privileges, electronic
			 monitoring or other programs prescribed by the department. A minor sanction
			 does not include sanctions included in par. (b).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.11 - Administrative detention

Current through June 24, 2024
(1) A youth may be
			 placed in administrative detention by the youth's agent or other staff with the
			 approval of a supervisor and kept there if the supervisor is satisfied that
			 there is a reasonable basis to believe that one or more of the following are
			 true:
(a) If the youth remains in the
			 community or in the current placement the youth will seek to intimidate a
			 witness in a pending investigation, disciplinary action or termination
			 action.
(b) If the youth remains in
			 the current placement, the youth will encourage others by example, expressly,
			 or by the youth's presence, to defy staff authority and thereby erode the
			 ability of staff to control a particular situation.
(c) If the youth remains in the current
			 placement, it will create a substantial danger to the physical safety of the
			 youth or another person.
(d) If the
			 youth remains in the current placement, there is a substantial danger that the
			 youth will try to flee.
(e) If the
			 youth remains in the current placement, a criminal, disciplinary or termination
			 procedure under s.
			 DOC
			 396.12 will thereby be inhibited.
(f) If the youth remains in the current
			 placement, there is a substantial danger that the youth will commit a
			 crime.
(g) If the youth remains in
			 the current placement, there is a substantial risk that the youth will engage
			 in an activity that violates a conduct rule or condition of program
			 supervision.
(h) The youth's
			 retention in the community placement will not accomplish the goals stated in s.
			 DOC
			 396.01(2).
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.12 - Reasons for termination

Current through June 24, 2024
A youth's type 2 secured correctional placement or less
				restrictive placement may be terminated for any of the following
				reasons:
(1) There has been a change
			 of circumstances, such as the loss, for any reason, of a residence, school or
			 treatment program.
(2) The youth
			 has committed one or more of the following violations:
(a) The youth has violated a state or federal
			 statute or local ordinance.
(b) The
			 youth has violated a department rule.
(c) The youth has violated the rules of any
			 facility, institution or program where the youth is held or to which the youth
			 is assigned.
(d) The youth has
			 violated one or more of the conduct rules.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.13 - Termination procedure

Current through June 24, 2024
(1) A proposed termination of placement under
			 s.
			 DOC
			 396.12 shall be reviewed by a supervisor.
(2) The supervisor may recommend one of the
			 following to the administrator who shall make the determination:
(a) Termination of the placement and transfer
			 of the youth to a type 1 secured correctional facility.
(b) Termination of the placement and transfer
			 of the youth to a type 2 secured correctional facility if the youth was
			 previously transferred from a type 2 secured correctional facility to a less
			 restrictive placement.
(c) Any
			 other appropriate action.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.14 - Escape

Current through June 24, 2024
(1) Youth in CSP, the SJO program, a type 2
			 secured correctional facility or having been placed in a type 2 secured
			 correctional facility by the department are subsequently placed in a less
			 restrictive placement, are under the supervision of the department as defined
			 in s.
			 938.505(1),
			 Stats., and are in custody as defined in s.
			 946.42(1)
			 (a), Stats.
(2) A youth has escaped if the youth is
			 absent without permission or leaves one or more of the following placements or
			 scheduled activities without permission:
(a)
			 The youth's residence or other assigned placement.
(b) A scheduled school classroom or training
			 site.
(c) A scheduled work
			 site.
(d) An assigned report center
			 or other department office.
(e) Any
			 other scheduled program or activity, including an authorized treatment program,
			 community service assignment or any other activity established in the youth's
			 daily schedule.
(f) Any other place
			 to which the youth has been assigned.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.15 - Use of physical force

Current through June 24, 2024
(1) ESCAPE. Whenever practical, staff shall
			 rely on law enforcement authorities when it is necessary to use force to
			 apprehend a type 2 status youth who has escaped. When it is not practical to
			 use law enforcement, staff may use physical force in accordance with this
			 section only if it is immediately necessary to stop a youth in the act of
			 escaping or to take a youth who has escaped into physical custody.
(2) CORPORAL PUNISHMENT. Staff may not impose
			 corporal punishment on any youth.
(3) AMOUNT OF PHYSICAL FORCE. Only reasonable
			 and the minimum necessary force may be used stop a youth in the act of escaping
			 or to apprehend a youth under s.
			 938.08(3),
			 Stats. Staff may not use excessive force. All of the following procedures apply
			 to the use of force to unless use of the procedures would facilitate an escape:
(a) Staff shall not attempt to physically
			 handle a youth until sufficient staff are present for a show of physical
			 force.
(b) Staff shall ask a youth
			 to voluntarily comply.
(c) If a
			 youth refuses to voluntarily comply, one or more staff may firmly grasp the
			 youth.
(d) Staff shall restrain a
			 youth as necessary for the protection of the youth or others or to transport
			 the youth.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.16 - Mechanical restraints

Current through June 24, 2024
(1) GENERAL. Staff may use mechanical
			 restraints only in accordance with this section.
(2) REASONS FOR USING MECHANICAL RESTRAINTS.
			 Mechanical restraints may be used for any of the following purposes:
(a) To stop a youth in the act of
			 escaping.
(b) To transport a youth
			 who has escaped and been apprehended.
(c) To temporarily restrain youth until the
			 youth can be transported to a secure detention facility, a mental health or
			 medical facility or a type 1 secured correctional facility.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.17 - Chemical agents and weapons

Current through June 24, 2024
(1) OLEORESIN OF
			 CAPSICUM. For the purpose of this section, "oleoresin of capsicum" means
			 oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin
			 contains the active ingredient capsaicin and related compounds classified as
			 capsaicinoids.
(2) USE OF OLEORESIN
			 OF CAPSICUM. Staff may carry or use oleoresin of capsicum, as permitted under
			 s.
			 941.26(4)
			 (a) and (c), Stats., while on duty and only
			 under all of the following conditions:
(a) If
			 approved by the department.
(b)
			 After successfully completing a department approved training program or, if
			 applicable, after successfully updating training according to department policy
			 and procedure.
(c) While acting in
			 self-defense or defense of a third person, as permitted under ss.
			 939.48
			 and
			 941.26(4)
			 (c) 1, Stats.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.18 - Search and seizure

Current through June 24, 2024
(1) GENERAL. Staff may conduct a search of a
			 youth and a youth's living quarters or property at any time, subject to this
			 section. In this section:
(a) "Living
			 quarters" means a private bedroom, common familial or communal living areas and
			 areas under a youth's control or to which the youth has access, including, but
			 not limited to, the grounds and motor vehicles.
(b) "Property" means objects under a youth's
			 control, regardless of ownership.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.19 - Custody and transporting

Current through June 24, 2024
(1) GENERAL. Staff
			 shall request that law enforcement authorities take a youth into custody and
			 transport the youth to a detention facility, a mental health or medical
			 facility or a type 1 secured correctional facility whenever practical. When
			 assistance is not available, staff may take a youth into custody and transport
			 the youth in accordance with this section.
(2) TRANSPORTING. When a youth is taken into
			 custody by staff, the youth shall be transported as soon as
			 practical.
(3) PERSONNEL. Staff
			 shall transport a youth in a secure manner to a secure facility and adequate
			 staff shall supervise the transport consistent with department policies and
			 procedures.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.20 - Release to aftercare

Current through June 24, 2024
Consistent with ss.
				938.357(4m)
				and
				938.538(5)
				(a), Stats., and s.
				DOC
				371.15, staff may recommend to OJOR that a youth be
				released from corrective sanctions, the SJO program or a type 2 secured
				correctional facility to aftercare. The recommendation shall be in writing and
				copies shall be forwarded to all JPRC members.
Wisconsin Administrative Code › Department of Corrections › Chapter DOC 396 - Type 2 Secured Correctional Facilities › Section DOC 396.21 - Complaint procedure for youth in a type 2 status

Current through June 24, 2024
(1) GENERAL. The
			 department shall afford an opportunity for administrative review of decisions
			 through the youth complaint procedure.
(2) OBJECTIVES. The objectives of this
			 procedure are:
(a) To allow youth to raise
			 questions in an orderly manner regarding a decision affecting their
			 supervision.
(b) To encourage
			 communication and cooperation between youth and staff.
(c) To resolve problems that arise under
			 supervision in an orderly and consistent manner.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.01 - Definitions

Current through June 24, 2024
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) "Active military service" and "active
			 service," as that term is used with reference to military service, including in
			 s. 40.02 (15) (a)
			 (intro.) and 1., (c) (intro.), 1. and 4., and (48m) (f), Stats., mean active
			 duty military service in the armed forces of the United States, excluding:
(a) Service reported by the military as
			 active duty for training purposes.
(b) Service as a cadet or student at a U.S.
			 military service academy.
Note:
This definition does not apply to the term
				"active service" used in reference to active performance of the duties of
				employment with a participating employer, as for example in s.
				40.63 (1) (c) and
				(2), Stats.
Insofar as possible, the department relies on U.S. armed forces
				documents, such as the DD 214, the AGO53-55 series, NAVPERS 553, and GSA 6851,
				to identify periods of "active duty" and "active duty for
				training."
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.05 - Creditable service for Milwaukee teachers

Current through June 24, 2024
Creditable service for Milwaukee teachers shall be granted for
				teaching services performed for governmental agencies other than the city of
				Milwaukee pursuant to ss. , , and , 1979 Stats., only if the requirements in
				subs. (1) to (6) are satisfied:
(1)
			 The teacher was a member, as defined in s. , 1979 Stats., of the former
			 Milwaukee teachers retirement fund on August 31, 1958, has not received a
			 separation benefit since that date and the teaching service for which
			 creditable service is requested was prior to September 1, 1958.
(2) The participant has 10 or more years of
			 teaching service in the city of Milwaukee and the outside teaching credit
			 granted, when added to the participant's separate, combined and formula
			 teaching service in the city of Milwaukee, does not exceed 35 years for benefit
			 computation purposes. If at the time of a benefit computation the total service
			 exceeds 35 years, any payment made previously for outside teaching service
			 including interest which cannot be used shall be transferred to the additional
			 contributions of that participant.
(3) The participant applies in writing for
			 the outside teaching credit giving pertinent details on when, where and for
			 whom the outside teaching service was performed.
(4) The outside teaching service is verified
			 by the school district, successor school district or public retirement
			 plan.
(5) The applicable public
			 retirement plan certifies to the department that the participant is not
			 entitled to any benefit, absolute, contingent or otherwise, from that
			 retirement plan as a result of the teaching service.
(6) The participant makes the contributions
			 which would have been required if the service to be credited had been subject
			 to s. , 1979 Stats., at the time the teacher became a member, as defined in s.
			 , 1979 Stats., of the former Milwaukee teachers retirement fund, or if later,
			 at the time the teacher returned to covered Milwaukee teaching after the period
			 of outside teaching. The amount due shall be increased with interest at the
			 effective rate, as defined in s.
			 40.02(23),
			 Stats., as though the contributions were in the fund on September 1,
			 1959.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.07 - Leave of absence

Current through June 24, 2024
(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 the compensation paid during the leave of absence is less than the earnings
			 paid during the participant's immediately preceding service with that employer
			 in a time period of the same length as the leave, then the service shall be
			 computed by dividing the compensation paid during the leave by the earnings
			 paid in that preceding period and multiplying the result by the service
			 reported for that preceding period.
(b) If the compensation paid during the leave
			 of absence is equal to or greater than the earnings paid during the
			 participant's immediately preceding service with that employer in a time period
			 of the same length as the leave, then the service reported shall be the same as
			 in that preceding period.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.08 - Separation from employment

Current through June 24, 2024
(1) SCOPE.
(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 system, including
			 separation benefits, lump sum benefits and retirement annuity benefits as
			 provided by ss.
			 40.23,
			 40.24 and
			 40.25, Stats.
			 For purposes of the Wisconsin retirement system, the terms "separation from
			 employment" and "termination" are used interchangeably. An otherwise valid
			 termination may become void and without effect as the result of reinstatement
			 of the employee under s.
			 40.25(5),
			 Stats., and s.
			 ETF
			 10.01(3t), or because the employee
			 received remedial payments deemed to be earnings under s.
			 ETF
			 20.12 for a period in question, or if the employee
			 failed to meet the minimum break in service requirements as a rehired annuitant
			 under s.
			 ETF 20.02 and
			 s.
			 40.26(5),
			 Stats., and shall thereby be treated as employed during that period.
(b) The effective date of disability annuity
			 benefits shall be determined as provided by ss.
			 40.23(1) (b) and
			 (bm) and
			 40.63(8)
			 (intro.) and (f), Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.10 - Employee trust funds board and teachers retirement board elections

Current through June 24, 2024
(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)
			 (a) 1, 2., 6., and 7., and 40.03 (2) (p),
			 Stats. Except where noted otherwise, these procedures shall apply for elections
			 to either the employee trust funds board or the teachers retirement
			 board.
(1m) Definitions. In this
			 section:
(a) "Annuitant" has the meaning
			 given in s.
			 40.02(4),
			 Stats.
(b) "Election category"
			 means the class of participating employees or annuitants who are eligible under
			 s.
			 15.16(1)
			 (d) or (f), or
			 15.165(3)
			 (a) 1, 2., 6., or 7., Stats., to vote to
			 elect a member to the employee trust funds board or the teachers retirement
			 board.
(c) "Participating employee"
			 has the meaning given in s.
			 40.02(46),
			 Stats.
(d) "Teacher" has the
			 meaning given in s.
			 40.02(55),
			 Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.12 - Separate retirement system participation in the retirement trust fund

Current through June 24, 2024
(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
			 provisions of this section in a form approved by the department. A certified
			 copy of the resolution shall be forwarded to the department and participation
			 shall be effective on the first day of the month following board approval of
			 the resolution under s.
			 40.03(1)
			 (n), Stats. Funds may be delivered or sent to
			 the department subject to this section.
(1r) Deposits.
(a) Deposits shall be made in accordance with
			 instructions issued by the department.
(b) The separate retirement system may
			 designate any portion of its deposit for investment in the variable retirement
			 investment trust. Deposits shall be invested in the core retirement trust
			 unless otherwise designated.
(c)
			 The separate retirement system shall provide the department 30 days advance
			 notice of any deposit in excess of $10 million. This requirement may be waived
			 by the secretary.
(d) Deposits in
			 the core and variable retirement investment trusts shall be accepted on the
			 last working day of the month only, even if actually received earlier. Each
			 investment shall be effective the last day of the month for purposes of
			 investment valuation.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.15 - Annuity reserves

Current through June 24, 2024
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 participants under the retirement system and not on the
				basis of the combined male-female experience used in individual benefit
				computations.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.20 - Approval of group insurance plans for state employees

Current through June 24, 2024
(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 payment of premiums
			 is made through payroll deductions.
(a) The
			 group insurance board shall determine, after notice and hearing, whether the
			 group insurance plan fulfills an important coverage need through consideration
			 of, but not limited to, the following factors:
1. Number of employees affected.
2. Amount and variation in
			 premiums.
3. Adequacy of other
			 approved coverage providing the same or similar protection.
4. Duration of contract.
5. History, performance and acceptance of the
			 plan by the employees.
6. New or
			 additional coverage provided.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.25 - Core retirement investment trust participation in the variable retirement investment trust

Current through June 24, 2024
The core retirement investment trust may invest in the variable
				retirement investment trust subject to the following:
(1) Combined stock fund. A combined stock
			 fund shall be established and shall operate as a separate account within the
			 variable retirement investment trust as follows:
(a) All investments in common and preferred
			 stock by the core retirement investment trust and the variable retirement
			 investment trust shall be made through the combined stock fund
			 account.
(b) The trusts shall
			 transfer funds to be invested in common and preferred stocks to the combined
			 stock fund account. In exchange, the core retirement investment trust and
			 variable retirement investment trust shall receive shares in the combined stock
			 fund.
(c) Shares in the combined
			 stock fund may be purchased only as of the first day of each month.
(d) All shares purchased in the combined
			 stock fund shall, at the time of purchase, have a book value of one dollar per
			 share.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.30 - Variable division participation

Current through June 24, 2024
(1) Purpose. The
			 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.
(1m)
			 Definitions. In this section, "new participant" means any of the following:
(a) A person initially qualifying as a
			 participant as defined by s.
			 40.02(45),
			 Stats., who has never previously been a participant in the Wisconsin retirement
			 system or Wisconsin retirement fund or a member of the state teachers
			 retirement system or Milwaukee teacher retirement fund.
(b) A person who was previously a participant
			 but whose Wisconsin retirement system account was closed because of payment of
			 a lump sum benefit under s.
			 40.25, Stats.,
			 and who returns to covered employment for the first time since the account
			 closure. The term "new participant" does not include a person whose closed
			 account is reestablished under s.
			 40.25(5),
			 Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.50 - Sick leave conversion credits

Current through June 24, 2024
(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
			 convertible to credits to pay for health insurance premiums shall equal the
			 number of days resulting from multiplying 0.0040708 times the number of hours
			 per year appointed to work, as reported to the department, rounded off to the
			 nearest tenth of a day. The maximum amount of such unused sick leave shall be
			 limited to 8.5 days per year. The secretary of administration may waive this
			 limitation under s. 40.05 (4) (bp)
			 2 and 3., Stats.
(2) Only participating employment and sick
			 leave earned during participating employment can be used in the calculation of
			 credits under ss. 40.05 (4) and
			 40.95, Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.55 - Joint instrumentalities; reporting participating employees, service and earnings

Current through June 24, 2024
(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 apply:
(a) At least one of the units of government
			 creating the joint instrumentality is, or subsequently becomes, a participating
			 employer in the Wisconsin retirement system.
(b) The joint instrumentality is not a
			 separate and independent employer within the meaning of s.
			 40.02(28),
			 Stats., as determined by the department. A joint instrumentality which has not
			 established itself as a separate unit of government for OASDHI purposes is not
			 a separate and independent employer under this paragraph.
Example: A joint library district is not a separate and
				independent employer.
(c)
			 There are persons employed by the joint instrumentality. This section does not
			 apply with respect to employees of a unit of government loaned or assigned to
			 perform services for a joint instrumentality. Those individuals remain the
			 employees of their employing unit of government which is subject to the usual
			 reporting and contribution requirements.
Example: If a joint library district's library board hired a
				librarian but the library was located on the premises of one of the units of
				government establishing the joint library district, which assigned one of its
				janitors to the library, then this section would apply with respect to the
				librarian but not the janitor.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.60 - Reports and payments

Current through June 24, 2024
(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 in accordance with instructions from the
			 department.
(b) Remit to the
			 department, with the respective coverage reports required under par. (a), the
			 employee and employer contributions or deposits, premiums, payments on the
			 accrued liability or other amounts payable to the department for the calendar
			 month covered by the report.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.63 - Due dates

Current through June 24, 2024
(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, required in the administration of subch. II of
			 ch. 40, Stats., are due on a day determined by the secretary and communicated
			 to employers by the department through email updates, employer bulletins, or
			 other means of communication.
(b)
			 Contribution reports and remittances other than those specified in par. (a)
			 required in the administration of subch. II of ch. 40, Stats., are due on a day
			 determined by the secretary and communicated to employers by the department
			 through email updates, employer bulletins, or other means of communication.
(c) Detailed annual earnings
			 reports required in the administration of subch. II of ch. 40, Stats., are due
			 on a day determined by the secretary and communicated to employers by the
			 department through email updates, employer bulletins, or other means of
			 communication.
(d) Premium and
			 coverage reports and remittances required in the administration of subchs. IV
			 and VI of ch. 40, Stats., are due on a day determined by the secretary and
			 communicated to employers by the department through email updates, employer
			 bulletins, or other means of communication.
(e) Premium and coverage reports and
			 remittances required in the administration of subch. V of ch. 40, Stats., are
			 due on a day determined by the secretary and communicated to employers by the
			 department through email updates, employer bulletins, or other means of
			 communication.
(f) Reduction
			 reports and remittances required in the administration of subch. VIII of ch.
			 40, Stats., are due on a day determined by the secretary and communicated to
			 employers by the department through email updates, employer bulletins, or other
			 means of communication.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.633 - Debiting participant account to fund benefit

Current through June 24, 2024
(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) For a retirement annuity under s.
			 40.23 or
			 40.24, Stats., or
			 s.
			 ETF
			 20.04, and for a beneficiary annuity under s.
			 40.73(3),
			 Stats., the debit date shall be the twenty-first day of the same month as the
			 date of the first payment.
(b) For
			 a disability annuity under s.
			 40.63,
			 Stats., the debit date shall be the twenty-first day of the same month as the
			 date of the first payment.
(c) For
			 a lump sum payment of any kind, including a separation benefit under s.
			 40.25(2),
			 Stats., or lump sum payments under s.
			 40.25(1) or
			 (4) or
			 40.73(1) or
			 (2), Stats., the debit date shall be the date
			 of the payment.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.635 - Late paid earnings

Current through June 24, 2024
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 determined at the
				employee and employer rates which would have been in effect if the subsequent
				changes and decisions had been known at the time the earnings would normally
				have been payable and shall be subject to s.
				40.06(5),
				Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.64 - Late reporting charges and interest

Current through June 24, 2024
(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 an
			 insurance carrier shall be subject to the charges and interest calculated in
			 accordance with the provisions of s.
			 40.06, Stats. Reports and
			 remittances required under s.
			 ETF 10.63 (1)
			 (f) are not subject to the interest charges
			 under s. 40.06 (5),
			 Stats.
(2) The employer shall be
			 responsible for and transmit to the department any assessment made against the
			 state by the federal government for late payment of contributions due on any
			 OASDHI adjustment report.
(3) When
			 interest is due under s.
			 40.06 (5),
			 Stats., and the effective rate for the current year is unavailable, the
			 effective rate for the previous calendar year shall be used. The due date
			 specified on the billing notice shall be the next regularly scheduled due date
			 for regular payments specified under s.
			 ETF
			 10.63, ch. 40, Stats., or contracts between the group
			 insurance board and any insurance carrier, but in no case less than 30 days
			 from the date of the billing notice. When interest is due under s.
			 40.06 (3),
			 Stats., it shall be assessed on a daily basis from the billing notice due date
			 to the date payment is actually received.