reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.10 - Domestic partner benefits

Current through June 24, 2024
(1) For the
			 purposes of this section, "member" means any of the following persons:
(a) Participant.
(b) Annuitant.
(c) Eligible employee.
(d) Beneficiary.
(e) Alternate payee.
(f) Recipient of duty disability benefits
			 under s.
			 40.65,
			 Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.12 - Payments considered Wisconsin retirement system earnings

Current through June 24, 2024
(1)
(a) The purpose of this section is to
			 establish the circumstances under which some or all payments made as a remedy
			 for an employment dispute may be treated as earnings for Wisconsin retirement
			 system purposes and to state the elements required for such
			 treatment.
(b) This section applies
			 to court orders and compromise settlements having an effective date which is on
			 or after May 16, 1996.
(c) This
			 section does not apply to retroactive or other wage payments made to all
			 eligible employees in a bargaining unit under a collective bargaining
			 contract.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.20 - Cancellation of application for retirement annuity, separation or lump sum benefit

Current through June 24, 2024
(1) Any separation, retirement or lump sum
			 benefit payment application canceled pursuant to this section shall have no
			 force or effect, and any subsequent application shall be treated as a new
			 application. Repayment in full of any sum paid under the application for which
			 cancellation is sought shall be required. The employer may not make this
			 payment on behalf of the recipient of the benefit.
(2) A request to cancel an application under
			 this section shall be in writing. The request to cancel shall be rejected
			 unless received by the department by the close of regular office hours on the
			 last working day prior to the applicable deadline under sub. (3) or (4). If the
			 deadline specified under sub. (3) or (4) falls on a Saturday, Sunday or holiday
			 under s.
			 230.35(4)
			 (a), Stats., the request to cancel shall be
			 timely only if received in the department by the close of regular office hours
			 on the last working day preceding the Saturday, Sunday or holiday.
Example:
If the date the account will be debited
				in response to the application falls on a Monday which is not a holiday, then
				the request to cancel must be received by the department no later than 4:30
				p.m. on the preceding Friday, the last working day prior to the debiting date.
				If that Monday were a holiday, the debiting date would be Tuesday, the next
				working day as provided by s.
				ETF
				10.633(3), but the deadline for
				cancelling the application would remain Friday, the last working day preceding
				the debiting date.
(3) An
			 application for a separation benefit under s.
			 40.25(2),
			 Stats., shall be canceled if:
(a) The
			 applicant's written request for cancellation is received by the department no
			 later than the close of the department's regular office hours on the last
			 working day before the participant's account in the employee accumulation
			 reserve is debited for funding the benefit as provided by s.
			 ETF
			 10.633(1) (c).
(b) The applicant becomes a participating
			 employee within 30 days after the application was received by the
			 department.
(c) The applicant dies
			 prior to the date of the separation benefit check.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.21 - Changing annuity effective dates

Current through June 24, 2024
An annuity effective date shall not be changed after the
				effective date of the annuity unless the applicant's written request for the
				change is received by the department within 60 days after the date on which the
				first annuity check, share draft or other draft is issued or funds are
				otherwise transferred.
This rule (CR 09-057) codifies the department's use of a
				  deadline pertaining to annuity effective date changes and makes that deadline
				  consistent with the deadline for annuity option changes in s.
				  40.24(4),
				  Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.23 - Adjusting annuities for equity after reentry into service

Current through June 24, 2024
(1) Pursuant to s.
			 40.03(1)
			 (a), Stats., in determining the monthly
			 amount of a recomputed annuity in the normal form under s.
			 40.26(3),
			 Stats., the applicant's estimated social security benefit shall not be greater
			 than the amount determined by:
(a) Dividing
			 the creditable service earned prior to the effective date of the prior annuity
			 by the participant's total creditable service.
(b) Dividing the final average earnings
			 determined for the new annuity computation by the final average earnings
			 determined in computing the prior annuity.
(c) Multiplying the result in par. (a) times
			 the result in par. (b) times the social security benefit amount used in
			 determining the amount of the prior annuity.
(d) Dividing the creditable service earned
			 since the effective date of the prior annuity by the participant's total
			 creditable service.
(e) Multiplying
			 the result in par. (d) times the social security benefit amount determined
			 under s.
			 ETF
			 20.03(2) based on the participant's
			 total service and earnings.
(f)
			 Adding the amounts determined in pars. (c) and (e).
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.25 - Core and variable annuity changes

Current through June 24, 2024
Annuity changes shall be made as follows:
(1)
(a)
			 Except as otherwise provided in par. (b), a core annuity dividend, as
			 recommended by the actuary and approved by the chair of the employee trust
			 funds board and the department's secretary, shall be distributed based on each
			 December 31 valuation as specified in s.
			 40.27(2),
			 Stats. The dividend shall be effective on the April 1 following the valuation
			 date and shall apply to core annuities effective on or prior to the date of the
			 valuation. As authorized under s.
			 40.27(2)
			 (b), Stats., different percentages shall be
			 determined for annuities effective for less than a full year on the valuation
			 date. The percentages shall be determined by multiplying the number of full
			 months the annuity was in force times the percentage change applicable to
			 annuities effective for the full year, dividing the result by 12 and rounding
			 the answer to the nearest tenth of a percent. No increase shall be applied to
			 any annuity for which the resulting increase would be less than one tenth of a
			 percent.
(b) The total amount
			 distributed to the annuity reserve under , section shall be distributed
			 effective April 1, 2000, in the form of a percentage increase. The percentage
			 shall be recommended by the actuary separate from the distribution of any
			 surplus created by the annual distribution under s.
			 40.04(3)
			 (a), Stats., or otherwise. The percentage
			 under this paragraph shall be the same for all affected annuities, including
			 those with effective dates after December 31, 1998 and before January 1,
			 2000.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.30 - Annuity underpayments

Current through June 24, 2024
Pursuant to s.
				40.08(7)
				(c), Stats., if an annuity under s.
				40.23,
				40.24,
				40.63, or
				40.73, Stats., is
				underpaid by more than $2 in a month, and if that underpayment is uncorrected
				for 12 or more months, then the payment to the annuitant to correct the
				underpayment shall include interest at 0.4 % per month for each full month
				between the date the underpayment occurred and the date the retroactive
				correction is paid. The interest due shall be calculated separately for each
				month's underpaid amount. For purposes of this section, "full month" means the
				period from any date in a month to the corresponding date in the next month, or
				to the end of the month if there is no corresponding date.
This rule (CR 09-057) changes the calculation of interest on
				  underpayments to conform to s.
				  40.08(7)
				  (c), Stats., and pay monthly interest on a
				  particular month's underpayment until it is corrected.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.35 - Qualified domestic relations orders; division of WRS accounts and annuities

Current through June 24, 2024
(1)
			 SCOPE AND PURPOSE.
(a) This section applies
			 to any order to divide any benefit of the Wisconsin retirement system which is
			 received by the department.
Note:
The department has approved the following
				forms for orders to divide benefits of the Wisconsin retirement system:
				ET-4926, Order to Divide Wisconsin Retirement System Benefits, for use if the
				termination of a marriage or domestic partnership occurred inside of Wisconsin;
				and ET-4935, Foreign Jurisdiction Order to Divide Wisconsin Retirement System
				Benefits, for use if the termination of a marriage or domestic partnership
				occurred outside of Wisconsin but within a state or territory of the United
				States. Either form is available from the department of employee trust funds at
				no charge or can be accessed on the department's website by searching for the
				form number.
(b) The purpose
			 of this section is to specify how the department shall apply a QDRO to the
			 participant's account or annuity or respond to an order which is not a
			 QDRO.
(c) For purposes of ss.
			 40.02 (48m) and
			 40.08 (1m),
			 Stats., and this section, a marriage is terminated upon entry of a judgment,
			 decree or order of divorce, annulment or legal separation. A domestic
			 partnership, as defined in s.
			 40.02 (21d),
			 Stats., is terminated as provided in s.
			 ETF 20.10
			 (3). A domestic partnership, as defined in s.
			 770.01 (2),
			 Stats., is terminated as provided in s.
			 770.12, Stats.
(d) The department must receive the DRO from
			 either the participant or the alternate payee within 20 years after the
			 marriage was terminated by a final judgment or decree, or the otherwise valid
			 DRO shall have no effect on the participant's account or annuity.
Note:
See s.
				ETF
				10.82 concerning receipt by the
				department.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.37 - Death benefits

Current through June 24, 2024
(1) TERMINATION PRIOR TO DEATH. If employment
			 with a participating employer actually terminated prior to the death of the
			 participant, then the participant may not be treated as a participating
			 employee for purposes of s.
			 40.71,
			 Stats., regardless of when notice of the termination is filed with the
			 department.
Note
: If the termination of employment occurs on
				the last day on which the employee actually performs services for the employer,
				and the death occurs on the same day, the participant will be treated as an
				employee through the end of that day, as provided by s.
				40.02(25),
				Stats.
(2) For purposes of
			 applying s.
			 40.74(6),
			 Stats., when determining beneficiaries of a death benefit, reasonable efforts
			 to locate a potential beneficiary of a participant shall consist of all of the
			 following actions:
(a) Search on the
			 department's internal information technology systems for information regarding
			 the participant and any potential beneficiary.
(b) Utilize an appropriate Internet program
			 for locating people.
(c) Contact a
			 person who may be a beneficiary, if the department learns the name of that
			 person.
(d) Contact the employer of
			 a person who may be a beneficiary, if the department learns the name of the
			 employer.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 20 - Wisconsin Retirement System › Section ETF 20.39 - Delinquent state tax obligations

Current through June 24, 2024
(1) Payments
			 subject to attachment. As provided by s.
			 40.08(1r),
			 Stats., in order to satisfy delinquent tax obligation of a person, the
			 Wisconsin department of revenue may attach any one of the following types of
			 payment being made by the Wisconsin retirement system to that person:
(a) Monthly payments of a regular annuity
			 under s.
			 40.23 or
			 40.24,
			 Stats.
(b) Monthly payments of a
			 disability annuity under s.
			 40.63,
			 Stats.
(c) The continued monthly
			 annuity payments of a joint-and-survivor annuity that are paid to a named
			 survivor after the death of the annuitant, regardless of whether the annuity is
			 a regular annuity under s.
			 40.23 or
			 40.24, Stats., or
			 a disability annuity under s.
			 40.63,
			 Stats.
(d) Monthly payments of an
			 annuity from the annuitant's additional contributions.
(e) A lump sum paid in lieu of an annuity
			 under s.
			 40.25, Stats.,
			 regardless of whether the payment is required or is made at the request of the
			 participant.
(f) A lump sum
			 separation benefit paid under s.
			 40.25(2),
			 Stats..
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 40 - Health Care Benefits › Section ETF 40.01 - Coverage of an insured surviving dependent

Current through June 24, 2024
(1) DEATH OF
			 INSURED EMPLOYEE DOES NOT TERMINATE COVERAGE FOR SURVIVING INSURED DEPENDENTS.
(a)
Scope.
This section
			 applies only when an insured employee had family health insurance coverage
			 under s.
			 40.51,
			 Stats., in effect at the time of his or her death and was survived by persons
			 who were insured under that family coverage at the time of the death.
Note
: The term "insured employee" is defined by s.
				40.02(39),
				Stats.
(b)
Family
			 coverage of all surviving insured dependents continues.
The family
			 coverage as in effect at the time of the death of the insured employee will
			 continue in effect, covering the dependents who were duly insured under that
			 coverage at the time of that death until all dependents lose eligibility or
			 become insured under another health insurance policy and as approved by the
			 department.
Note
: The term "dependent" is defined for group
				health insurance purposes by s.
				ETF
				10.01(2) (b).
(c)
Other continuation coverage
			 rights preserved.
Nothing in this section shall be construed to
			 interfere with any person's right to apply or eligibility for continued health
			 insurance coverage under the terms and conditions of the group health insurance
			 contract as expressly mandated by s.
			 40.51(3), (4) or
			 (5), Stats., referencing s.
			 632.897(2)
			 (b) 3, Stats., or under
			 42
			 USC 300bb-1 and federal regulations
			 prescribed thereunder.
Note
: Section
				632.897(2)
				(b) 3, Stats., is a statute enforced by the
				Office of the Commissioner of Insurance. It provides that the spouse or
				dependent of a group member, who died while covered by a group policy, may
				elect to continue coverage under the group policy or convert to individual
				coverage, provided the person had been continuously covered under the group
				policy for at least three months before the death. Under
				42
				USC 300bb-1, a provision of the federal
				Public Health Service Act, the Secretary of the U.S. Department of Health and
				Human Services may prescribe regulations concerning continuation coverage for
				individuals under group health plans maintained by certain states or political
				subdivisions thereof, or an agency or instrumentality of certain states or
				political subdivisions thereof.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 40 - Health Care Benefits › Section ETF 40.10 - Public employers health insurance

Current through June 24, 2024
(1) An employee of
			 an employer, other than the state, shall be eligible for health insurance under
			 s. , Stats., if requirements of ss. and , Stats., or of s. , Stats., are
			 satisfied. An employee of an employer that is not a participating employer
			 shall be eligible for health insurance under s. , Stats., if the requirements
			 set forth in s. are satisfied and the following requirements are met:
(a) The employee works at least two-thirds of
			 what is considered full-time employment by the department.
(b) Employment in the employee's position is
			 expected to last at least one year.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter I - Income Continuation Insurance › Section ETF 50.10 - Public employer income continuation insurance

Current through June 24, 2024
(1) An employee of
				an employer, other than the state, shall be eligible for income continuation
				insurance under s.
				40.61(3),
				Stats., if the requirements of ss.
				40.02(46)
				and
				40.22,
				Stats., are satisfied.
(3) The
				employer shall pay an employer contribution toward the income continuation
				insurance premium which is not less than the corresponding gross premium for
				the 180-day waiting period plan.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter II - Disability Annuity › Section ETF 50.31 - Cancellation of a disability annuity application

Current through June 24, 2024
An application for a disability annuity under s.
				  40.63,
				  Stats., shall be canceled upon request of the applicant if the applicant's
				  written request for cancellation is received by the department no later than
				  the close of the department's regular office hours on the day before the
				  participant's account in the employee accumulation reserve is debited for
				  funding the benefit as provided by s.
				  ETF
				  10.633(1) (b). If the day before the
				  debiting date falls on a Saturday, Sunday or holiday under s.
				  230.35(4)
				  (a), Stats., the request to cancel shall be
				  considered timely only if received in the department by the close of regular
				  office hours on the last working day preceding the Saturday, Sunday or holiday.
				  Repayment in full of any sum paid under the application for which cancellation
				  is sought shall be required. The employer may not make this payment on behalf
				  of the recipient of the benefit.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter II - Disability Annuity › Section ETF 50.315 - Termination for fraud, misrepresentation, error, or mistake

Current through June 24, 2024
(1) Payment
				of disability annuity benefits under s.
				40.63, Stats., may be terminated
				immediately and overpayment recovered upon a department determination of either
				of the following:
(a) Disability annuity
				benefits were granted as the result of fraud or misrepresentation in the
				application or in required evidence of eligibility.
(b) Disability annuity benefits were granted
				due to an error or mistake by the department or due to an error or mistake in
				the information supplied by the employer used for determining eligibility,
				effective date, or amount of disability annuity benefits.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter II - Disability Annuity › Section ETF 50.32 - Definitions

Current through June 24, 2024
In this subchapter and s.
				  40.63,
				  Stats.:
(1) "Last day paid" means the
				most recent date for which the employee was paid earnings, including
				accumulated sick leave, other paid leave, vacation, compensatory time or
				worker's compensation temporary disability benefits which may result in the
				last day paid being subsequent to the date the employee last rendered
				services.
(2) "Last rendered
				services" means most recently performed actual work for which entitled to
				earnings, excluding any subsequent period on sick leave, other paid leave,
				vacation, compensatory time and worker's compensation temporary disability
				benefits.
(3) "Substantial gainful
				activity" means any work of a nature generally performed for remuneration or
				profit, involving the performance of significant physical or mental duties, or
				a combination of both, for which annual compensation exceeds an amount equal to
				$6,573 for determinations made in the calendar year commencing on January 1,
				1992. For determinations made in subsequent calendar years, this dollar amount
				shall be increased by the salary index for each subsequent year, ignoring
				fractions of the dollar. Work is considered substantial even if performed
				part-time and even if it is less demanding or less responsible than the
				individual's previous employment. Work is considered gainful even if it pays
				less than the individual's previous employment.
(4) The date on which service for the
				participating employer terminated, for purposes of s.
				40.63(2),
				Stats., is the date on which the person last rendered services as defined under
				sub. (2).
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.40 - Purpose

Current through June 24, 2024
The purpose of this subchapter is to administer the
				  long-term disability insurance program for participating employees who are
				  receiving benefits under this subchapter. For a claim to be approved under this
				  subchapter, it must have been filed with the department before January 1,
				  2018.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.42 - Definitions

Current through June 24, 2024
Words, phrases and terms used in this subchapter have the
				  same meaning as set forth in s.
				  40.02, Stats., and s.
				  ETF
				  10.01, except as defined in this subchapter or where
				  the context clearly indicates a different meaning. In this subchapter:
(1) "Claimant" means a person who made a
				claim for long-term disability benefits under this subchapter before January 1,
				2018.
(2) "Earnings limit" means an
				amount equal to $6,573 for determinations made in the calendar year commencing
				on January 1, 1992, and for determinations made in subsequent calendar years,
				this amount shall be increased by the salary index for each subsequent year,
				ignoring fractions of the dollar.
(3) "Final average salary" or "FAS" means:
(a) Except as provided in par. (b), a monthly
				rate of earnings, ignoring any fractions of a dollar, obtained by dividing 36
				into the participant's total earnings received and for which contributions are
				made under s. 40.05 (1) and
				(2), Stats., during the 3 annual earnings
				periods (excluding any period more than 3 years prior to the effective date for
				any participating employer) in which the earnings were the highest.
(b) If the claimant does not meet the minimum
				service requirements of s.
				ETF 50.50 (2)
				(b), as it existed prior to June 1, 2021, and
				the claimant's medically determinable impairment is a result of employment as a
				participating employee for an employer, then the FAS is calculated as follows:
Note:
See
https://docs.legis.wisconsin.gov/code/register/2021/785b/remove/etf50.pdf
for the text of 50.50 (2) (b) prior to June 1, 2021.
1. Divide the total earnings received by the
				employee in the portion of the annual earnings period in which the last day
				paid occurs and the 2 immediately preceding annual earnings periods
				by,
2. The number of months, with
				all fractions of a month rounded to the next higher whole number, between the
				last day paid and the commencement date of the earliest annual earnings period
				in subd. 1. or, if later, the date the claimant commenced participating
				employment.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.44 - Scope and application

Current through June 24, 2024
This subchapter applies to any person who is receiving
				  benefits under this subchapter or has filed a claim for benefits with the
				  department before January 1, 2018.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.46

Current through June 24, 2024
Form ET-5321, "LTDI Election," may be obtained at no charge
					 by writing to: department of employee trust funds, P.O. Box 7931, Madison,
					 Wisconsin 53707-7931, or by calling (608) 266-3285 or toll free at (877)
					 533-5020.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.54 - Administration

Current through June 24, 2024
(1) PLAN ADMINISTRATOR. The department shall
				administer the plan established by this subchapter on behalf of the employee
				trust funds board unless otherwise expressly provided in an administrative
				services contract between the employee trust funds board and an outside
				administrator.
(3) PERIODIC MEDICAL
				REVIEW. The department may require that any recipient shall be examined by at
				least one licensed and practicing physician, designated or approved by the
				department, during any calendar year the recipient receives benefits under this
				subchapter. The examining physician shall file with the department a written
				report of the examination which shall be in a form approved by the department
				and indicate whether the recipient is still totally and permanently disabled
				or, for a recipient qualifying under s.
				ETF
				50.58 only, whether the recipient recovered to the
				extent that the recipient can efficiently and safely perform the duties
				required by the recipient's former position as a protective occupation
				participant and whether the recipient recovered to the extent that the impaired
				condition is not likely to be permanent.
Note:
Form ET-5909, "Recertification Medical
				  Report," is sent to the claimant by the department as
				  necessary.
(4) REQUESTS FOR
				INFORMATION. The department may request any information on earnings, salary,
				wages, earned income, compensation or OASDHI benefits or entitlements as it
				deems necessary to implement the provisions of s.
				ETF
				50.52(1), including but not limited
				to copies of state and federal income tax returns.
(5) APPLICATION OF ANTI-FRAUD STATUTE. This
				subchapter is an employee benefit program created under ch. 40, Stats., through
				rule-making authority expressly granted in that chapter, for purposes of
				enforcement of the prohibitions of s.
				943.395(1)
				(c), Stats. Prohibited acts include
				presenting or causing to be presented false or fraudulent information,
				including a claim or benefit application, proof in support of a claim or
				benefit application, or information which would affect a future claim or
				application.
(6) OVERPAYMENT.
				Section
				40.08(4),
				Stats., shall apply to obtain repayment of any overpayment of LTDI
				benefits.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.58 - Special provisions applicable to protective occupation participants

Current through June 24, 2024
(1) NOT
				TOTALLY AND PERMANENTLY DISABLED. An LTDI recipient who is a protective
				occupation participant is not disqualified from receiving LTDI benefits
				although not totally and permanently disabled, provided the recipient's LTDI
				benefit was approved based on all of the following:
(a) The recipient had accumulated 15 or more
				years of creditable service and earned at least 0.33 years of creditable
				current service or prior service, or both, in each of at least 5 calendar years
				not including any calendar year preceding by more than 7 calendar years the
				year in which the claim for LTDI benefits was received by the department.
Note:
The accumulated creditable service need
				  not be in the protective employment category and may include military
				  service.
(b) The recipient
				would have attained age 55 in 60 months or less after the occurrence of
				disability.
(c) The medical
				evidence established a disability to the extent that the participant could no
				longer efficiently and safely perform the duties required by the participant's
				position, and that the condition was likely to be permanent. In this paragraph,
				"medical evidence" means written certifications received by the department from
				at least 2 licensed and practicing physicians who have been approved or
				appointed by the department.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.60 - Plan funding

Current through June 24, 2024
ETF 50.60 Plan funding. The actuary shall determine
				  liabilities for the LTDI program annually and include those liability
				  determinations in the calculation of contribution rates as determined under s.
				  40.05,
				  Stats., for the Wisconsin retirement system, based on the information available
				  at the time the determination is made and on the assumptions the actuary
				  recommends and the employee trust fund board approves.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 50 - Disability Benefits › Subchapter III - Long-Term Disability Insurance › Section ETF 50.62 - Proration of adjustment percentages and monthly benefits

Current through June 24, 2024
(1) ANNUAL
				ADJUSTMENTS TO BENEFITS. The percentage of the annual adjustment to a
				recipient's LTDI basic benefits or retirement supplemental benefits under s.
				ETF 50.52(1) (a) or (2)
				(b) shall be prorated in the first calendar
				year after the effective date of the benefits. The applicable adjustment
				percentage shall be determined by multiplying the percentages as applicable to
				post-retirement annuity adjustments under s.
				40.27,
				Stats., by the proration factor from Table 1 according to the effective date
				the benefits began. If the resulting prorated adjustment percentage is less
				than 0.1%, no increase shall result. - See PDF for table
EXAMPLE 1: A recipient begins to receive LTDI benefits
				  effective August 10. The annual adjustment for the following year is an
				  increase of 1%. The recipient would instead receive an increase of 0.33% (1% x
				  0.333 = 0.33%). The following year the annual adjustment is an increase of 6%.
				  The recipient receives the entire 6% increase.
EXAMPLE 2: A recipient begins to receive LTDI benefits
				  effective November 30. The annual adjustment for the following year is an
				  increase of 1%. The recipient would receive no increase. Although 1% x 0.083 =
				  0.083%, this is less than 0.1% and therefore no increase results. The following
				  year the annual adjustment is an increase of 6%. The recipient receives the
				  entire 6% increase.
(2)
				PRORATION OF MONTHLY BENEFITS.
(a) The amount
				of the initial and final monthly LTDI basic benefits and LTDI retirement
				supplemental benefits paid shall be prorated based on the date in the month on
				which LTDI benefits begin or end.
(b) The first payment of LTDI benefits shall
				be prorated based on the first date in the month for which benefits are paid
				and based on the number of days in the month, according to Table 2.
(c) The last payment of LTDI benefits due to
				termination or suspension of benefits or ceasing to qualify for benefits shall
				be prorated based on the effective date of the action and based on the number
				of days in the month, according to table 3. - See PDF for table - See PDF for
				table
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.01 - Purpose and scope

Current through June 24, 2024
(1) SCOPE. This chapter applies to the
			 administration of the duty disability program under s.
			 40.65,
			 Stats.
(2) PURPOSE. The purpose of
			 this chapter is to codify the interpretations of s.
			 40.65,
			 Stats., and general policies adopted by the department with respect to its
			 administration of the duty disability benefit program under s.
			 40.65(2)
			 (a) and (b), Stats.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.04 - Department authority and duties

Current through June 24, 2024
(1) ADMINISTER. The
			 department shall administer the duty disability benefit program on behalf of
			 the Wisconsin retirement board under s.
			 40.65,
			 Stats., and this chapter.
(2)
			 REQUEST INFORMATION. The department may request any income or benefit
			 information, or any information concerning a person's marital status, which it
			 considers to be necessary to determine the amount of each monthly benefit
			 payable under s.
			 40.65,
			 Stats., and its effective date. The department may require a participant
			 receiving duty disability benefits to submit a copy of his or her state or
			 federal income tax return.
Note
This rule (CR 09-057) amends s. ETF 52.04(2)
				to conform to the treatment of s.
				40.65(3)
				by 2007 Wis. Act 131 by removing the mandate for the department to obtain a
				certified copy of each duty disability recipient's tax return each year and
				treating a failure to provide a tax return, if requested, in the same manner as
				other refusals to provide requested information.
(3) DETERMINE BENEFITS. The department shall
			 determine the amount of each monthly benefit payable under this chapter and its
			 effective date. The department shall periodically review the dollar amount of
			 each monthly benefit and adjust it to conform with the provisions of this
			 chapter. The department shall notify the participant of a determination under
			 this subsection.
(4) PAY BENEFITS.
			 The department shall pay the net duty disability benefits payable to a
			 participant, spouse or domestic partner, or to an adjudicated guardian, as
			 applicable. Payment shall be made on the first day of each month for the
			 previous month.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.06 - Application for duty disability benefits

Current through June 24, 2024
(2) RECEIPT DATE. An
			 application for duty disability benefits is initiated on the date the completed
			 form, currently prescribed by the department for that purpose, is received by
			 the department in accord with s.
			 ETF
			 10.82.
(3)
			 CRITERIA TO BE SPECIFIED. An applicant shall specify which of the following
			 eligibility criteria under s.
			 40.65 (4) (c),
			 Stats., are satisfied:
(a) Terminated
			 employment due to disability.
(b)
			 Assigned to light duty by employer or physician due to disability, on other
			 than a temporary basis regardless of whether a light duty position is
			 available.
(c) Pay reduced due to
			 disability, on other than a temporary basis.
(d) Position reduced due to disability, on
			 other than a temporary basis.
(e)
			 Promotion specifically prohibited due to disability by employer rules,
			 ordinances, policies or written agreements, on other than a temporary basis.
			 The rule, ordinance, policy, or agreement shall be written and expressly
			 identified or a copy attached to the application.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.07 - Disability

Current through June 24, 2024
A participant is disabled within the meaning of s.
				40.65 (4),
				Stats., if all of the following apply:
(1) WORK-RELATED. The participant was injured
			 while performing his or her duty as a protective occupation participant of a
			 participating employer or contracted a disease due to that
			 occupation.
(2) PERMANENCY. The
			 disability is likely, to a reasonable degree of medical certainty, to be
			 permanent.
(3) SEVERITY. The
			 disability is so severe that it causes one or more of the following:
(a) The applicant is medically required to
			 terminate the participating employment.
(b) The employer or physician assigns the
			 applicant to light duty regardless of whether a light duty position is
			 available.
(c) The employer reduces
			 the applicant's pay. Only a reduction in regular monthly earnings meets the
			 requirement of this subsection. Loss of shift differential payments, uniform
			 allowances, or other collateral payments are not reductions of pay within the
			 meaning of s. 40.65 (4) (c)
			 2, Stats. Receipt of temporary disability
			 compensation under s.
			 102.43, Stats., in lieu of
			 regular pay may be a reduction of pay for purposes of duty disability benefit
			 eligibility when the employer does not make up the difference between workers'
			 compensation and regular monthly earnings, and if the participant terminates
			 employment while still receiving temporary disability compensation. A situation
			 in which the participant is not working and is not receiving any earnings would
			 be considered a reduction in pay.
(d) The employer reduces the applicant's
			 position. Assigning a formerly full-time employee to a part-time position or
			 reducing a part-time employee's hours is considered a reduction of position for
			 the purposes of this chapter. An employee who never returns to work after the
			 date of their injury is also considered to have received a reduction in
			 position for the purposes of this chapter if they do not meet any other
			 qualifying criteria prior to or other than retirement. Assigning the applicant
			 to a position which does not satisfy the criteria under s.
			 40.02 (48),
			 Stats., defining a protective occupation participant is a reduction of position
			 for the purposes of this chapter.
Note:
See s.
				40.02 (48)(b) 1
				to 3., Stats., defining "police officer," " fire fighter," "deputy sheriff" and
				"county traffic police officer," concerning their continuing protective
				occupation status even if temporarily assigned to other
				duties.
(e) The employer
			 prohibits the applicant from promotion for which the applicant is otherwise
			 fully qualified, solely on the basis of the applicant's disability and under
			 the express terms of a valid state or local employer rule, ordinance, policy,
			 or written agreement which is not superseded by state or federal
			 law.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.08 - Qualifying date

Current through June 24, 2024
(1) IN GENERAL. A participant's qualifying
			 date is the date on which he or she becomes disabled within the meaning of s.
			 40.65(4),
			 Stats., and s.
			 ETF
			 52.07, as determined under this section.
(2) RETIREMENT. If eligibility for duty
			 disability benefits is based upon a disability which requires the employee to
			 retire from his or her job, the termination date is the qualifying
			 date.
(3) REDUCTION OF PAY OR
			 POSITION; ASSIGNMENT TO LIGHT DUTY. If eligibility for duty disability benefits
			 is based upon a reduction of pay or position or assignment to light duty, then
			 the qualifying date is the date on which the employee began the permanent
			 reduction or assignment. For purposes of this subsection, a reduction or
			 assignment is permanent even if initially characterized as temporary by the
			 employer or physician, if the reduction or assignment remains continuously in
			 effect while the participant is recovering or his or her permanent condition is
			 being assessed and the employer or physician then determines that it is
			 necessary, because of the participant's disability, to make the reduction or
			 assignment permanent, or that employment be terminated. If the participant is
			 restored to the unreduced pay or position then a previous reduction in pay or
			 position was not permanent. If the participant is assigned to full duty then a
			 previous assignment to light duty was not permanent.
(4) PROMOTION PROHIBITED. If eligibility for
			 duty disability benefits is based upon a prohibition against promotion due to a
			 disability, the qualifying date is the date on which the employee became
			 continuously subject to the prohibition.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.10 - Effective date of duty disability benefits

Current through June 24, 2024
The department shall establish an effective date for duty
				disability benefits for each participant whose application for duty disability
				benefits is granted. Duty disability benefits are not retroactive. The
				effective date for duty disability benefits is the later of:
(1) The date the participant's application
			 form was received, as determined under s.
			 ETF 52.06
			 (2), ignoring any previous
			 applications.
(2) The participant's
			 qualifying date.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.12 - Monthly salary and subsequent adjustments

Current through June 24, 2024
(1) INITIALLY
			 DETERMINED BY EMPLOYER. A participant's monthly salary shall be initially
			 determined by the employer in whose service the disability occurred by adding
			 together the regular monthly earnings, prorated cash payments, and regular and
			 dependable overtime pay as determined pursuant to the following paragraphs:
(a)
Regular monthly
			 earnings.
The participant's monthly earnings, as defined by s.
			 40.02(22),
			 Stats., as of the qualifying date, except as provided in subds. 1. and 2.
1. `Exclusions.' "Regular monthly earnings"
			 for the purposes of this section do not include:
a. Overtime pay.
b. Any payments excluded from earnings by s.
			 40.02(22)
			 (b), Stats.
c. Any periodic payments made during any
			 month which covered other periods of time, such as a lump sum longevity award.
d. Amounts which are not earnings
			 reportable to the Wisconsin retirement system.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.14 - Duty disability benefits for state employees

Current through June 24, 2024
(1) Except as
			 provided in sub. (2) or (3), the maximum monthly duty disability benefit
			 payable to a participant who is a state employee is 80% of the participant's
			 monthly salary adjusted as provided in s.
			 40.65(5)
			 (b) and (6), Stats., and s.
			 ETF
			 52.12. Except as provided in sub. (2) or (3), the
			 department shall withhold an amount equal to 5% of the monthly benefits under
			 this section until the amount payable under s.
			 40.65(5)
			 (b) 3, Stats., is determined.
(2) The treatment of s.
			 40.65(5)
			 (a) and (b) (intro.), 1985-86 Stats., by 1987
			 Wis. Act 363, concerning duty disability benefit amounts and withholding 5%
			 pending resolution of worker's compensation benefits, does not apply to a state
			 employee covered by a collective bargaining agreement under subch. V of ch.
			 111, Stats., until the office of state employment relations notifies the
			 department that the treatment was approved by the collective bargaining
			 representative and by the joint committee on employment relations.
Note
See 1987 Wis. Act 363, section 11 (2),
				concerning initial applicability.
(3) The treatment of s.
			 40.65(5)
			 (a) and (b) (intro.), 1985-86 Stats., by 1987
			 Wis. Act 363, concerning duty disability benefit amounts and withholding 5%
			 pending resolution of worker's compensation benefits, does not apply to a state
			 employee not covered by a collective bargaining agreement under subch. V of ch.
			 111, Stats., until the office of state employment relations notifies the
			 department that the treatment was recommended by the director of the office of
			 state employment relations and approved by the joint committee on employment
			 relations.
See 1987 Wis. Act 363, section 11 (3), concerning initial
				  applicability.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.15 - Reduction of duty disability monthly salary based on years of service

Current through June 24, 2024
(1) As of
			 the date of receipt of the duty disability application, the department shall
			 apply s.
			 40.65(5)
			 (a), Stats., as follows:
(a) If creditable service is 25 years or
			 less, no reduction will be applied.
(b) If the participant is eligible for
			 benefits under subchapter II of ch. 40, Stats., the reduction will be 0.5% for
			 each month of creditable service over 25 years.
(c) If the participant is not eligible for
			 benefits under subchapter II of ch. 40, Stats., the reduction will be 0.5% for
			 each month of creditable service over 30 years.
(d) The duty disability monthly salary will
			 not be reduced to less than 50% if the participant qualifies for benefits under
			 s.
			 40.63,
			 Stats., subchapter III of ch. ETF 50, or disability benefits under
			 OASDHI.
Wisconsin Administrative Code › Department of Employee Trust Funds › Chapter ETF 52 - Duty Disability Benefits › Section ETF 52.16 - Reductions in monthly duty disability benefits

Current through June 24, 2024
(1) IN GENERAL.
(a)
Income guarantee.
The
			 duty disability benefit for eligible protective occupation participants shall
			 be administered as an income guarantee program. The amount equal to the
			 percentage of monthly salary guaranteed under s.
			 40.65(5)
			 (a), Stats., or under s.
			 ETF
			 52.14 for state employees to whom s.
			 40.65(5)
			 (a), Stats., does not apply, and adjusted
			 under s.
			 ETF
			 52.12(3), is both the guaranteed
			 monthly income amount and the maximum amount payable as monthly duty disability
			 benefits. If the combined income from all sources listed in s.
			 40.65(5)
			 (b) 1 to 6., Stats., does not equal or exceed
			 the guaranteed amount, then the difference will be made up by duty disability
			 benefits. To determine the monthly amount of duty disability benefits payable
			 to an eligible person, the department shall determine the dollar amount of the
			 guaranteed percentage of monthly salary then subtract all earnings and OASDHI,
			 unemployment compensation, worker's compensation, disability and retirement
			 benefits as provided in s.
			 40.65(5)
			 (b) 1 to 6., Stats., and this
			 section.
(b)
Receipt
			 assumed.
The department may assume that any benefit or amount listed
			 s.
			 40.65(5)
			 (b) 1 to 6., Stats., is payable to a
			 participant until it is determined to the department's satisfaction that the
			 participant is ineligible to receive the benefit or amount.
(c)
No carryover.
All
			 amounts described in s.
			 40.65(5)
			 (b) 1 to 6., Stats., received by a person
			 entitled to duty disability benefits after that person's effective date shall
			 apply to reduce the person's maximum monthly duty disability benefit in the
			 month in which received without any carryover to other months, except that lump
			 sum payments of worker's compensation benefits shall reduce duty disability
			 benefits as provided in s.
			 40.65(5)
			 (b) 3, Stats., and sub. (4) and lump sum
			 payments of disability or retirement benefits under s.
			 40.65(5)
			 (b) 4, Stats., shall reduce duty disability
			 benefits as provided in that subdivision.
(d)
Limit on reductions.
Duty disability benefits for a particular month may not be reduced below
			 zero.