reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.65 - Refund of excess contributions

Current through June 24, 2024
The department shall refund contributions to be allocated to a
				participant's account that exceed the limits specified in s.
				40.32,
				Stats., in accordance with s.
				40.08(6),
				Stats., according to the correction methods allowed under the Employee Plans
				Compliance Resolution System developed by the internal revenue service or
				similar correction program developed by the internal revenue service. Nothing
				in this section shall be interpreted as a basis for a determination of whether
				any payments credited to an employer are required to be paid by the employer to
				an employee under contractual agreements or other negotiated agreements or
				provisions of law.
Revenue Procedure 2013-12 sets forth the Employee Plans
				  Compliance Resolution System. The Procedure is updated periodically. A copy of
				  the ruling may be obtained by writing: Superintendent of Documents, P.O. Box
				  979050, St. Louis, MO 63197-9000 or on the Internet at
http://www.irs.gov/Retirement-Plans/Correcting-Plan-Errors
.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.70 - Individual personal information

Current through June 24, 2024
(1) "Individual
			 personal information" means all information in any individual record of the
			 department, including the date of birth, earnings, contributions, interest
			 credits, beneficiary designations, creditable service, marital or domestic
			 partnership status, address, and social security number, but does not include
			 information in any statistical report, other report or summary in which
			 individual identification is not possible.
(2) Individual personal information may be
			 disclosed as required for the proper administration of benefit programs under
			 ch. 40, Stats., including discussion of this information in any meeting of any
			 board created under s.
			 15.16
			 or
			 15.165,
			 Stats., or disclosure in any written record of the board proceedings.
(3)
(a)
			 Pursuant to s.
			 40.07(1m)
			 (a), Stats., an individual's personal
			 information may be disclosed, except as otherwise prohibited, upon proper
			 identification, to that individual or the duly authorized personal
			 representative of that individual in person, by telephone, or in
			 writing.
(b) Except as provided in
			 par. (d), an individual's authorization to release information to a personal
			 representative shall be in writing, signed, and dated and shall refer
			 specifically to the records in this department.
(c) A written authorization under par. (b)
			 which does not contain an expiration date shall be deemed to have expired 6
			 months following the date the authorization was signed.
(d) The secretary of the department, or
			 specific departmental employees designated by the secretary, may authorize
			 disclosure of information without written authorization when urgent
			 circumstances exist which warrant an exception to normal procedures and when
			 the person to whom the information is to be given is otherwise authorized to
			 receive it.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.71 - Transcript fees

Current through June 24, 2024
(1) The department shall provide a party to
			 an appeal under ch. ETF 11, or a party to department proceedings under s.
			 227.42,
			 Stats., with a copy of the transcript of any proceedings upon request and
			 payment of a fee. The party shall make the request for the transcript in
			 writing and pay a fee as follows:
(a) For an
			 existing written transcript, a $5.00 flat charge plus $1.00 for each page of
			 the transcript for single copies.
(b) For other electronic record, the
			 reasonable cost of the medium and copying.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.72 - Fee for search of historical records

Current through June 24, 2024
Individuals and employers may be charged an administrative fee
				of $5.00 for information concerning an account or record which is not readily
				available and which requires a search of historical records, either within the
				department or at the state records center. This charge shall not apply for
				searches required by s.
				40.285(2)
				(d), Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.75 - Power of attorney

Current through June 24, 2024
(1) As used in this section, "power of
			 attorney" includes all of the following:
(a)
			 A uniform statutory power of attorney as set forth in s.
			 244.61, Stats.
(b) A uniform statutory power of attorney as
			 defined under and containing the language required in a uniform statutory power
			 of attorney act enacted by a jurisdiction other than the state of Wisconsin,
			 provided the power of attorney meets the requirements of and does not conflict
			 with s. 244.61, Stats.
(c) A durable power of attorney as defined in
			 s. 244.02 (3),
			 Stats.
(d) A durable power of
			 attorney as defined under and containing the language required in a uniform
			 durable power of attorney act enacted by a jurisdiction other than the state of
			 Wisconsin, provided the power of attorney meets the requirements of and does
			 not conflict with s. 244.02 (3),
			 Stats.
(e) A person's common law
			 authorization, whether durable or non-durable, to act as the person's agent
			 under a power of attorney.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.78 - Guardianship requirements

Current through June 24, 2024
(1) When the amount
			 of a single sum benefit payment to a minor, as defined under s.
			 54.01(20),
			 Stats., or incompetent, as described in s.
			 54.10(3),
			 Stats., exceeds $5,000, or when an annuity or disability annuity is payable,
			 payment shall be made by the department to the court appointed guardian, for
			 the benefit of the minor or incompetent, upon receipt of a certified copy of
			 the letters of appointment. Letters of appointment shall be certified within
			 the past 6 months. If the minor is married and has not been adjudged to be
			 incompetent, the department shall make the payment to the minor.
(2) If a guardianship is identified prior to
			 payment, payment shall be made to the guardian, for the benefit of the minor or
			 incompetent, upon receipt of a certified copy of the letters of
			 appointment.
(3) If there is a
			 guardian of the estate and another guardian of the person, payment shall be
			 made to the guardian of the estate.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.79 - Reasonable efforts to locate benefit payees

Current through June 24, 2024
(1) The department
			 shall make reasonable efforts to maintain current addresses on file for
			 participants, other than for participating employees under s.
			 40.02(46),
			 Stats., alternate payees, beneficiaries or other potential benefit recipients.
			 These efforts shall include, but shall not be limited to, the following:
(a) Require participating employers to report
			 a current address for all terminating participants.
(b) Request social security numbers and
			 addresses for all named beneficiaries on the departmental beneficiary
			 designation form.
(c) Initiate a
			 minimum of one written contact per year to alternate payees and participants,
			 other than participating employees and annuitants, which may be accomplished by
			 sending those persons an annual statement of account or benefit
			 statement.
(d) Publish an article
			 annually in the departmental participant newsletter communicating the
			 importance of notifying the department of address changes.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.82 - Receipt by the department

Current through June 24, 2024
(1) DATE OF RECEIPT
			 OR FILING; NONBUSINESS HOURS AND HOLIDAYS EXCLUDED.
(a) Except as otherwise specifically provided
			 in par. (am) for a facsimile or electronic mail, the date a document is
			 received by, or filed with, the department is the date the original document is
			 physically received at the department at its offices during regular business
			 hours as provided under s.
			 230.35 (4) (f),
			 Stats., regardless of the date the document was mailed or otherwise intended to
			 be transmitted to the department and regardless of any mishandling or
			 misdirection by the U.S. postal service or any other agency or person. A
			 document which arrives at the department's offices after 4:30 p.m. Monday
			 through Friday or on a Saturday, Sunday or holiday as defined by s.
			 230.35 (4) (a),
			 Stats., is deemed received by the department at 7:45 a.m. on the next day on
			 which the department's offices are regularly open for business as provided
			 under s. 230.35 (4) (f),
			 Stats.
(am) Unless otherwise
			 provided in sub. (2), a fax or e-mail to which sub. (2) applies is received by
			 the department, regardless of whether any individual is aware of its receipt,
			 when it enters the information processing system designated or used by the
			 department for the purpose of receiving facsimiles or electronic mail,
			 respectively, provided the following are true:
1. The fax or e-mail transmission is in a
			 form capable of being processed by department's information processing
			 system.
2. The department is able
			 to retrieve the fax or e-mail from the information processing system.
(b) No department employee may
			 affix a date stamp to a document received by the department which indicates a
			 date received in conflict with par. (a).
Note:
This paragraph does not prohibit a
				department employee from making a note attached to or on the document, separate
				from the official receipt stamp, concerning the circumstances under which the
				document arrived at the department, including dates or times.
(c) A document bearing the department's date
			 stamp indicating receipt is conclusively presumed for all purposes associated
			 with benefits under ch. 40, Stats., to have been received by the department on
			 the date indicated by the stamp. This presumption may be rebutted only by clear
			 and convincing evidence that the document was received by or filed with the
			 department, as provided in par. (a), on a different date than shown by the
			 official date stamp. The department may correct a date stamp the secretary
			 determines was affixed in violation of par. (b).
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.84 - Response to requests

Current through June 24, 2024
(1) The department shall generally attempt to
			 respond to requests to provide documents such as informational brochures, blank
			 forms and annuity or disability estimates in the order in which such requests
			 are received by the department.
(2)
			 When the department responds to a request for information, forms, estimates or
			 similar documents, if the requestor is not actually available in the
			 department's offices for delivery by hand, the method of transmission of
			 requested documents to the requestor shall be through the U.S. mail, by e-mail,
			 by facsimile, or through the requestor's participating employer, if any, at the
			 discretion of the department.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 10 - Administration › Section ETF 10.86 - Electronic deposits

Current through June 24, 2024
Any member, beneficiary, or distributee of any estate receiving
				benefits payable under any of the benefit plans administered by the department
				may have the benefits paid via electronic deposit into a financial institution
				account owned by a representative payee, nursing home, religious order, or
				other entity designated by the member, beneficiary, or distributee of any
				estate and approved by the department.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.01 - Purpose and scope

Current through June 24, 2024
(1) The purpose of this chapter is to
			 establish a regular and uniform system of procedures and rules governing the
			 review of appealable department determinations by the board responsible for the
			 subject matter. This chapter interprets the provisions of ss.
			 227.44
			 to
			 227.48,
			 227.485,
			 227.49
			 and
			 227.50,
			 Stats., concerning the conduct of proceedings, as those provisions apply to the
			 deferred compensation board, group insurance board, teachers retirement board
			 and Wisconsin retirement board and establishes rules for appeals to the
			 employee trust funds board and its designees. Any appeal to a board of a
			 determination made by the department shall be conducted in accordance with this
			 chapter.
(2) The deferred
			 compensation board shall hear the timely appeal of a determination made by the
			 department with respect to a right or benefit under the deferred compensation
			 plan provided by ss.
			 40.80
			 to
			 40.82, Stats.
			 This authority is delegated from the employee trust funds board under s.
			 40.03(1)
			 (L), Stats.
(3) The group insurance board shall hear the
			 timely appeal of a determination made by the department affecting any right or
			 benefit under any group insurance plan provided under ch. 40, Stats.
(4) The teachers retirement board shall hear
			 the timely appeal of a determination made by the department regarding a
			 disability annuity for a teachers participant, pursuant to s.
			 40.63(5) and (9)
			 (d), Stats.
(5) The Wisconsin retirement board shall hear
			 the timely appeal of a determination made by the department regarding a
			 disability annuity for a participant other than a teacher, in accordance with
			 s.
			 40.63(5) and (9)
			 (d), Stats. In addition, the department shall
			 make the initial determination of the amount of a duty disability benefit and
			 whether to terminate or reduce a benefit under s.
			 40.65(3)
			 or (5), Stats., and the Wisconsin retirement
			 board shall hear the timely appeal of these determinations.
(6) The employee trust funds board shall hear
			 the timely appeal of any other determination made by the department.
(7) Nothing in this section shall prevent the
			 board responsible for hearing the subject matter of an appeal from delegating
			 that responsibility to a hearing examiner.
See ss.
				  40.03(1) (j), (6) (i), (7) (f)
				  and (8) (f), and
				  40.65(3)
				  and (5),
				  Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.03 - Process and proceedings

Current through June 24, 2024
(1) LIMITATIONS ON APPEALS. In addition to
			 the requirements under sub. (3), the following time limitations apply to
			 appeals:
(a) An appeal seeking correction of
			 an alleged error with respect to service credits or contribution, premium or
			 benefit payments is barred unless commenced within 7 years after the date of
			 the alleged error, except as some other limitation is specifically provided by
			 statute or this chapter. Where an alleged error has been incorporated in
			 department records and relied upon in subsequent administration of ch. 40,
			 Stats., benefits, the date of the alleged error for the purposes of this
			 section and s.
			 40.08(10),
			 Stats., is the earliest date on which the aggrieved person discovered, or
			 should reasonably have discovered, the alleged error.
Example:
If an alleged error involves creditable
				service for a given year, and the amount of service credited was first reported
				to the participant on an annual statement the following year, the date of the
				alleged error is the date of the report to the participant, not a subsequent
				date on which the alleged error in creditable service is used to calculate
				retirement benefits or repurchase of forfeited service
(b) Notwithstanding par. (a), an appeal
			 seeking correction of an alleged error with respect to service credits or
			 contribution, premium or benefit payments, based on a claim of fraud, is barred
			 unless commenced within 3 years from the date of the discovery by the aggrieved
			 person of the facts constituting the fraud.
Note:
See ss.
				40.08(10)
				and
				893.93(1m)
				(b), Stats.
(c) All other appeals are barred unless
			 commenced within the appropriate statutory limitation period, including but not
			 limited to those provided by ss.
			 893.43 and
			 893.93(1m)
			 (a), Stats.
(d) An appeal barred by operation of s.
			 41.04(2) (c), 1979 Stats., or similar predecessor statute, is barred regardless
			 of longer time limits set by s.
			 40.08(10),
			 Stats., or this section.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.04 - Hearing examiner

Current through June 24, 2024
(1) EXAMINER TO HEAR APPEAL. A hearing
			 examiner shall preside over each appeal to the board.
(2) QUALIFICATIONS. The department shall
			 contract with a person to serve as a hearing examiner. The person shall be an
			 attorney or administrative law judge knowledgeable in administrative law
			 practice and ch. 40, Stats., or similar statutory benefit programs, or a person
			 deemed otherwise qualified by the board. No person who directly participated in
			 making the determination appealed from may be designated or serve as hearing
			 examiner.
(3) IMPARTIALITY. The
			 hearing examiner shall perform all functions in an impartial manner. An
			 examiner shall disqualify himself or herself with respect to a particular
			 appeal if by reason of personal interest in, or knowledge of the determination
			 appealed from, he or she is unable to act fairly or impartially. If bias of the
			 hearing examiner is raised as an issue, the hearing examiner shall determine
			 that issue as part of the appeal. The board shall appoint or contract with
			 another hearing examiner if the original hearing examiner is
			 disqualified.
(4) POWERS. In
			 addition to other powers expressly granted or delegated to the hearing examiner
			 by this chapter, the hearing examiner may:
(a) Administer oaths.
(b) Issue, quash and enforce
			 subpoenas.
(c) Rule on offers of
			 proof and receive relevant evidence at hearing.
(d) Take a deposition authorized by this
			 chapter.
(e) Dispose of procedural
			 requests or similar matters.
(f)
			 Limit testimony to only those matters which are disputed.
(g) Rule on all objections and motions made
			 prior to issuance of the proposed decision.
(h) Require briefs.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.05 - Discovery

Current through June 24, 2024
There is no right to take and preserve evidence prior to the
				hearing, except as provided in this section.
(1) No party to an appeal shall have access
			 to individual personal information in the records of the department except as
			 expressly authorized under s.
			 40.07, Stats., and this
			 section.
(2) In an appeal of the
			 denial of an application for a disability annuity or duty disability benefits
			 under s.
			 40.63(5) or (9)
			 (d) or
			 40.65(2)
			 (b) 3, Stats., the department may provide the
			 hearing examiner, employer, participant and any other party to the appeal with
			 copies of any physician certifications under s.
			 40.63(1)
			 (d) or
			 40.65(2)
			 (b) 2, Stats., received in connection with
			 the application.
(3) The department
			 may disclose to the board's hearing examiner individual personal information it
			 deems both relevant to the appeal and required to be disclosed for the proper
			 administration of a benefit program under ch. 40, Stats. Any information
			 disclosed by the department under this subsection shall also be provided to the
			 parties to the appeal. A person receiving information under this subsection
			 shall maintain the confidentiality of the information.
(4) A party to the appeal may request that
			 the hearing examiner review individual personal information in the records of
			 the department in camera. If the hearing examiner determines that the
			 information is relevant to the appeal and disclosure is required to assure
			 proper administration of a benefit program under ch. 40, Stats., the examiner
			 may order the department to disclose the information as provided in sub.
			 (3).
(5) Testimony may be taken and
			 preserved of a witness:
(a) Who is beyond the
			 reach of the subpoena of the agency, any other party, or the hearing
			 examiner;
(b) Who is about to go
			 out of the state, not intending to return in time for the hearing;
(c) Who is so sick, infirm or aged as to make
			 it probable that the witness will not be able to attend the hearing;
			 or,
(d) Who is a member of the
			 legislature, if any committee of the legislature or the house of which the
			 witness is a member is in session, provided the witness waives his or her
			 privilege.
Note: See s.
				227.45(7),
				Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.06 - Evidence at hearing

Current through June 24, 2024
(1) PRIVILEGES; RULES OF EVIDENCE. Rules of
			 privilege recognized by law shall be given effect. However, common law or
			 statutory rules of evidence do not apply except as provided in s.
			 ETF 11.12(2)
			 (b) concerning hearsay. The hearing examiner
			 shall admit all testimony having a reasonable probative value. The hearing
			 examiner shall exclude from the record irrelevant, immaterial, or unduly
			 repetitious testimony.
(2)
			 OBJECTIONS. Failure of a party to object on the record to admission of any
			 evidence shall be deemed a waiver of that objection.
(4) PRESUMPTIONS. In addition to any other
			 presumptions under applicable law:
(a) A
			 signature purporting to be that of a participant, annuitant, named survivor, or
			 beneficiary on a document previously accepted and filed by the department is
			 presumed to be that of the participant, annuitant, named survivor, or
			 beneficiary absent clear and convincing proof to the contrary.
(b) A participant, annuitant, named survivor,
			 beneficiary, insured or deferrer is presumed mentally competent at the time of
			 making any application, election, designation or taking any other action
			 affecting rights or benefits under ch. 40, Stats., accepted and acted upon by
			 the department, whether affecting only the person or others. This presumption
			 may be rebutted only by proof in the form of a certified copy of the judgment
			 showing that, at the time of the event at issue, the person was adjudged
			 incompetent with respect to management of his or her property.
(c) For the purpose of determining timeliness
			 of an appeal request, notice of the department determination is conclusively
			 presumed to have been given to the addressee and all listed recipients of
			 copies on the date the determination was sent by mail or e-mail. Absent clear
			 and convincing proof to the contrary, the day the determination is dated is
			 presumed to be the date the determination was sent by mail or e-mail. Absent
			 clear and convincing proof to the contrary, a request for an appeal is presumed
			 received on the day stated by the date stamp affixed to incoming department
			 correspondence. If the request for an appeal is made by e-mail, the request is
			 presumed to be received by the department on the date the e-mail enters the
			 information processing system designated or used by the department for the
			 purpose of receiving electronic mail provided the following are true:
1. The e-mail transmission is in a form
			 capable of being processed by the department's information processing
			 system.
2. The department is able
			 to retrieve the e-mail from the information processing system.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.07 - Informal disposition

Current through June 24, 2024
(1) Disposition of an appeal under this
			 section requires no further action by the hearing examiner or board. After the
			 parties have informed the hearing examiner in writing that the appeal has been
			 disposed of informally pursuant to this section, the hearing examiner shall
			 forward the record to the appeals coordinator.
(2) An appeal may be resolved informally by
			 an agreement between all parties to dismiss the appeal with or without
			 prejudice. The department shall then make an order dismissing the appeal as
			 agreed, attach it to the agreement and file it with the record.
(3) If the appellant withdraws the appeal, in
			 writing, the appeal shall be immediately dismissed by the department. This
			 dismissal shall be with prejudice if more than 90 days have elapsed from notice
			 of the determination appealed from, or if an applicable time limit or statute
			 of limitations expired while the dismissed appeal was pending.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.09 - Proposed decision

Current through June 24, 2024
(1) CONTENTS. The proposed decision shall be
			 in the same form and comply with the same standards as is required for a final
			 decision. If the hearing examiner concludes that the decision may depend upon
			 the interpretation of an ambiguous statute, the proposed decision shall include
			 the hearing examiner's basis for concluding that the statute is ambiguous as a
			 matter of law and a recommended interpretation giving the same weight to the
			 interpretations of the department, attorney general and administrative rules as
			 is required for a final decision. If the proposed decision does not dispose of
			 an issue raised by a party, the hearing examiner shall state in the proposed
			 decision why ch. 40, Stats., or this chapter does not permit such a
			 disposition.
(2) COPY TO EACH
			 PARTY. A copy of the proposed decision shall be mailed to each party or the
			 party's attorney of record, with notice of the opportunity to file an objection
			 and the manner and time limit for doing so.
(3) OBJECTIONS. Any party may file a written
			 objection to the proposed decision with the hearing examiner within 20 days of
			 the date of the notice of the proposed decision. The party shall specify, in
			 detail, the following:
(a) Each provision of
			 the proposed decision to which the party objects and the basis for each
			 objection.
(b) Each change the
			 party requests the board to make in the proposed decision and the legal grounds
			 for the change. If minor, the requested change may be described as a specific
			 edit to the proposed decision. If extensive or major changes are requested, the
			 party may attach a draft proposed decision, clearly marked as that party's
			 draft, to that party's objections.
(c) Any written objections to the proposed
			 decision shall be included in the record of the appeal that is forwarded to the
			 board.
Note:
The written objection shall be filed with
				the division of hearings and appeals at the following address: 5005 University
				Avenue Suite 201, P.O. Box 7875, Madison, WI 53707-7875.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.10 - Ex parte communications

Current through June 24, 2024
(1) The secretary and department employees
			 may respond to any request made by the board or a board member for information
			 required in the ordinary course of exercising the board's regulatory and
			 supervisory functions, even if the information requested may pertain to the
			 subject matter of an appeal currently pending before the board or a hearing
			 examiner.
(2) Except as provided in
			 sub. (1), no person involved in an appeal proceeding or factually related
			 matter as a party, an advocate for any party or as a witness may make any ex
			 parte communication relative to the merits of the appeal to the hearing
			 examiner or a board member prior to the final decision of the case.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.105 - Board member conflict of interest

Current through June 24, 2024
(1) No board member
			 or employee of the department may participate in any appeal directly related to
			 a specific benefit, credit, claim or application of the person.
(2) No board member may participate in
			 deciding an appeal to which the board member is a party. No board member who is
			 the director of the office of state employment relations, or the director's
			 designee, may participate in deciding an appeal to which the office of state
			 employment relations is a party. No board member who is the chief executive,
			 chairperson or member of the governing body of a participating employer may
			 participate in deciding an appeal in which that particular participating
			 employer is a party. A board member barred under this subsection from
			 participating in the board's decision of an appeal shall not make any ex parte
			 communications to the board or another board member concerning that appeal and
			 shall not participate in any way in the board's quasi-judicial
			 deliberations.
See s.
				  40.01(3),
				  Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.11 - Counsel for the board

Current through June 24, 2024
(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 real or apparent conflict of
			 interest to the board chair and state whether counsel is able to render
			 objective advice to the board. The board chair may waive the conflict on behalf
			 of the board.
(3) Counsel appointed
			 under sub. (1) shall provide legal representation to the board including all of
			 the following:
(a) Advising the board during
			 its deliberations and making specific recommendations for action by the
			 board.
(b) Drafting findings of
			 fact and conclusions of law.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.13 - Record

Current through June 24, 2024
(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,
			 stipulations and admissions.
(c)
			 Statement of matters officially noticed.
(d) Questions and offers of proof, objections
			 and rulings thereon.
(e) Any
			 proposed findings or decisions and exceptions.
(f) Any decision, opinion or report by the
			 board or hearing examiner.
(g) A
			 record of oral proceedings, whether a stenographic, electronic or other
			 record.
(h) Letters and e-mails
			 sent to the hearing examiner or the board by a party.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.14 - Petition for rehearing

Current through June 24, 2024
(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 shall be mailed to the appropriate board in care of the appeals
			 coordinator, department of employee trust funds. Alternatively, the petition
			 may be personally served on a person designated by the board as its agent to
			 accept personal service.
(b) The
			 petition is deemed filed on the date it is received.
(c) The petition shall be disposed of within
			 30 days of its filing. The petition is deemed denied if not otherwise disposed
			 of within 30 days of its filing.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 11 - Appeals › Section ETF 11.16 - Miscellaneous provisions

Current through June 24, 2024
(1) COMPUTING TIME.
			 For 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 a
			 day the department offices are closed to the public, the action may be taken on
			 the next day the offices are open.
(2) COMPUTING REFUND OF OVERPAYMENT. If the
			 final decision of an appeal determines that a participant overpaid the
			 department and is entitled to a refund, the board shall direct the appeals
			 coordinator to calculate the refund due under s.
			 40.08(6),
			 Stats. No interest shall be paid upon a refund except as expressly authorized
			 in ch. 40, Stats. A refund from a Wisconsin retirement system account shall not
			 include interest but shall include investment earnings as provided in s.
			 40.08(6),
			 Stats. The appeals coordinator's calculation shall be appended to and become
			 part of the board's final decision. The appeals coordinator shall do all of the
			 following:
(a) Treat the overpayment as a
			 separate account, participating in the variable and core rate trusts to the
			 same extent as the participant, unless another treatment is expressly provided
			 by ch. 40, Stats.
(b) Make all
			 calculations consistent with the board's final decision and based on the actual
			 amounts and dates of payments made to the department.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.01 - Actuarial estimate charges

Current through June 24, 2024
(1) Before
			 submitting a resolution to become a participating employer under the Wisconsin
			 retirement system, an employer, as defined in s.
			 40.02(28),
			 Stats., may obtain, upon written request to the department and the payment of a
			 fee of $50.00 if more than 10 employees or $25.00 if 10 employees or less, an
			 actuarial determination of its estimated prior service liability. The employer
			 shall supply the data with respect to its employees in accordance with
			 instructions from the department.
(2) The determination of the prior service
			 liability shall be furnished without charge to any employer which has submitted
			 a resolution for inclusion under the Wisconsin retirement system.
(3) The secretary of the department is
			 authorized to set the rates for special actuarial studies or estimates
			 requested by state agencies, local units of government, or other organizations
			 when in the secretary's judgment it is feasible and appropriate to perform the
			 studies.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.015 - Participating employees

Current through June 24, 2024
(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-time employment.
(b)
Teachers.
For an
			 employee classified as a teacher under s.
			 40.02(55),
			 Stats., for purposes of s.
			 40.22,
			 Stats., 440 hours of employment with an employer in one year is considered
			 one-third of full-time employment.
(c)
Educational support personnel
			 employee.
Except as provided in par. (a), for purposes of s.
			 40.22,
			 Stats., 440 hours of employment with an employer in one year is considered
			 one-third of full-time employment.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.016 - Student employees

Current through June 24, 2024
(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 enrolled or expected to be enrolled as a full-time student in
			 a public, private, or parochial elementary or high school as defined in s.
			 118.257(1)
			 (d), Stats.
(2) For purposes of this section, an employee
			 who is not enrolled in school is expected to be regularly enrolled as a
			 full-time student in a school included under s.
			 118.257(1)
			 (d), Stats., if all of the following apply:
(a) The employee is under age 20 and has not
			 received a high school diploma or a general equivalency diploma;
(b) The employee was enrolled in a school
			 included under s.
			 118.257(1)
			 (d), Stats., during the immediately prior
			 regular semester;
(c) The employee
			 has not notified the employer, as provided in sub. (3) (c), that he or she does
			 not intend to enroll as a full-time student in a school included under s.
			 118.257(1)
			 (d), Stats., during the next regular
			 semester.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.017 - Employer resolutions to participate

Current through June 24, 2024
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 notice of election after November 15, the effective date shall be
				the January 1 after the ensuing January 1. The employer may withdraw a notice
				of election to be included if the employer's written notice to withdraw is
				received by the department before the November 15 deadline of the year before
				the January effective date.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.02 - Rehired annuitants

Current through June 24, 2024
(1) SCOPE. In this section, "rehired
			 annuitant" 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
			 participating employment for the period specified under s.
			 40.23(1) (a)
			 1, Stats., and who subsequently is employed
			 by a participating employer in employment which would meet the eligibility
			 criteria for inclusion under the provisions of the Wisconsin retirement system
			 specified in s.
			 40.22,
			 Stats., but for the exclusion of s.
			 40.22(2)
			 (L), Stats., and whose termination of
			 previous employment by a participating employer meets all criteria under s.
			 ETF 10.08(2)
			 (b).
(2) BREAK IN SERVICE. The minimum break in
			 service period required under s.
			 40.23(1)
			 (a), Stats., is satisfied when the rehired
			 annuitant returns to work no earlier than the latest of the following dates:
(a) The day after the annuity effective
			 date.
(b) The seventy-sixth day
			 after the date participating employment terminated.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.025 - Minimum retirement age

Current through June 24, 2024
(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 minimum retirement age.
(2) SEPARATION BENEFITS. An application for a
			 lump sum benefit under s.
			 40.25(2),
			 Stats., must be received by the department before the applicant has reached
			 minimum retirement age unless the applicant is eligible for a lump sum benefit
			 under s.
			 40.23(2m)
			 (er) or
			 40.23(3)
			 (b), Stats.
The term "minimum retirement age" currently is not used in
				  ch. 40, Stats. or ETF administrative rules., except for ss.
				  ETF
				  10.01(3o) and 20.025 as proposed in
				  this rule (CR 09-057). The term is defined in this rule to be consistent with
				  s.
				  40.23(1)
				  (a) (intro.), Stats., which is implicitly
				  referenced by s.
				  40.25(1)
				  (a), Stats., and with s.
				  40.25(2),
				  Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.0251 - Exclusive benefit

Current through June 24, 2024
(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 participating employer, except as permitted by Revenue
			 Ruling 91-4.
Revenue Ruling 91-4 provides for circumstances under which
				  money contributed by a participating employer may be returned to the employer.
				  A copy of the ruling may be obtained by writing: Superintendent of Documents,
				  P.O. Box 979050, St. Louis, MO 63197-9000.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.045 - Changes to optional form of payment

Current through June 24, 2024
(1) Changing the
			 form of payment from a lump sum payment under s.
			 40.25(1) or
			 (4), or
			 40.73(1)
			 (a), Stats., to an annuity under s.
			 40.24(1)
			 or
			 40.73(3),
			 Stats., or from an annuity to a lump sum payment, is subject to the option
			 change deadline specified in s.
			 40.24(4),
			 Stats.
(2)
(a) If a participant, alternate payee or
			 beneficiary has made a timely request under sub. (1) to change from a lump sum
			 payment to a monthly annuity, the effective date of the annuity shall be
			 determined based on the original date on which the department received the
			 original application for benefits.
(b) If the department receives a timely
			 payment option change request after the lump sum payment has already been
			 issued, or receives it too late to prevent the payment from being issued, the
			 applicant must return the payment in full within 30 calendar days after the
			 date on which the department received the option change request. If the lump
			 sum payment is not returned within the 30-day period, the option change request
			 is null and void.
(c) The
			 department shall not commence making annuity payments before the department has
			 received the returned lump sum payment.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.05 - Accelerated payment annuity options

Current through June 24, 2024
(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
			 $129 per month for a benefit with an effective date in calendar year 2001 or,
			 for a benefit with an effective date in a subsequent calendar year, the monthly
			 amount applied under this section for the previous calendar year increased by
			 the salary index, as defined in s.
			 40.02(52),
			 Stats., ignoring fractions of the dollar.
(2) Pursuant to s.
			 40.03(2)
			 (k), Stats., the department will assume that
			 the primary OASDHI benefit, as defined in s.
			 40.02(44),
			 Stats., for a person eligible to receive a beneficiary annuity and selecting an
			 option payable under s.
			 40.24(1)
			 (e), Stats., will be based on the work record
			 of the participant from whose account the benefit is being paid.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.055 - Spouse's or domestic partner's signature on a benefit application

Current through June 24, 2024
Documentation of inability to obtain a spouse's or domestic
				partner's signature on an annuity application as required under s.
				40.24(7)
				(a) or s.
				40.25(3m),
				Stats., or on a separation benefit application as provided in s.
				40.25(3m),
				Stats., shall be accepted for any of the following reasons:
(1)
(a) The
			 spouse or domestic partner is incompetent as defined under s.
			 54.10(3),
			 Stats., and a copy of the court order appointing the spouse's or domestic
			 partner's guardian is submitted to the department.
(b) The guardian's signature shall be
			 required on the annuity application in lieu of the spouse's or domestic
			 partner's signature if the participant chooses an annuity option other than an
			 option specified under s.
			 40.24(7)
			 (a) or
			 40.25(1)
			 (a), Stats.
(c) The spouse's, domestic partner's or
			 guardian's signature is not required when the participant is only eligible for
			 a single sum benefit payable under s.
			 40.25(1)
			 (a), Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.06 - Early retirement reduction factors

Current through June 24, 2024
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 participant, there
				shall be a .5% reduction for each month the participant's age is under 65 but
				at least 60 and a .4% reduction for each month the participant's age is under
				60.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.07 - Annuity options - automatic distributions

Current through June 24, 2024
(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 additional contributions
			 credited to the account. The department may not distribute a participating
			 employee's account under this section.
(2) The benefit shall be paid in the first of
			 the following forms that applies:
(a) For
			 benefits payable solely from the participant's additional contribution
			 accumulations under s.
			 40.05 (1) (a)
			 5, Stats., or if the amount of the annuity in
			 the normal form based on all undistributed balances in the account is less than
			 the amount determined under s.
			 40.25 (1) (a),
			 Stats., a lump sum payment.
(b) If
			 the participant's or alternate payee's age on the birthday which occurs during
			 the year that the distribution begins is less than 72, the option specified in
			 s. 40.24 (1) (c),
			 Stats.
(c) If the participant's or
			 alternate payee's age on the birthday which occurs during the year that the
			 distribution begins is 72 or more, except as provided in par. (d), the option
			 specified in s.
			 ETF 20.04
			 (4).
(d) If the number of guaranteed payments
			 determined under s.
			 ETF 20.04
			 (4) is less than 60, a lump sum payment equal
			 to the present value of the annuity.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.08 - Termination of marriage or domestic partnership for determination of beneficiary

Current through June 24, 2024
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 relationship. A domestic partnership terminates as specified in s.
				ETF
				20.10(3) for the purposes of
				determining a beneficiary under s.
				40.02(8)
				(a) 2, Stats.