ETF 50.56(3)
(3) Termination upon recovery or for failure to furnish information. ETF 50.56(3)(a)(a) The payment of LTDI benefits shall be terminated based on a determination by the department of any of the following:
ETF 50.56(3)(a)1.
1. The written physician's report required in
s. ETF 50.54 (3) indicates that the recipient has recovered from the medically determinable impairment so that the recipient is no longer totally and permanently disabled, or, for a recipient qualifying under
s. ETF 50.58 (1), 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 or that the recipient's impaired condition is not likely to be permanent. LTDI benefits are payable up to the date of recovery.
ETF 50.56(3)(a)2.
2. The recipient refuses to submit to an examination under
s. ETF 50.54 (3) or refuses to submit information regarding earnings, wages, salary or other earned income as requested by the department. LTDI benefits shall not be payable for any month following the deadline for the recipient's compliance set by the department.
ETF 50.56(3)(b)
(b) If the department terminates payment of LTDI benefits under this subsection, the department shall send notice of the termination to the recipient. The notice shall be in the form of a written determination stating the reasons for the termination. The recipient may file a timely appeal of the termination with the group insurance board, as provided in
ch. ETF 11. If no timely appeal is filed, the termination of LTDI benefits is final.
ETF 50.56(4)
(4) Termination or suspension based on earnings. ETF 50.56(4)(a)(a) Except as provided in
par. (b) and
s. ETF 50.58 (1) (c), the payment of LTDI benefits shall be terminated and no LTDI benefits shall be payable after the first of the month in which a determination is made by the department that the recipient has received during the calendar year earnings or other earned income exceeding the earnings limit.
ETF 50.56(4)(b)
(b) On the first occasion that the department determines that the recipient has exceeded the earnings limitation as described in
par. (a), the payment of LTDI benefits shall be suspended rather than terminated. Payment of LTDI benefits suspended under this paragraph shall resume on the earlier of the first day of the next calendar year or the first day of the second month following the termination of personal services due to recurrence of the medically determinable impairment which was the basis for payment of LTDI benefits. A recipient's LTDI benefits may only be suspended once and must be terminated if
par. (a) subsequently applies.
ETF 50.56 History
History: Emerg. cr. eff. 10-15-92; cr.
Register, May, 1993, No. 449, eff. 6-1-93.
ETF 50.58
ETF 50.58
Special provisions applicable to certain categories of employment. ETF 50.58(1)(a)(a) Not totally and permanently disabled. Notwithstanding
s. ETF 50.50 (3), an otherwise qualifying claimant who is a protective occupation participant is not disqualified from receiving LTDI benefits although not totally and permanently disabled, provided all of the following apply:
ETF 50.58 Note
Note: The accumulated creditable service need not be in the protective employment category and may include military service.
ETF 50.58(1)(a)2.
2. The claimant would attain age 55 in 60 months or less after the occurrence of disability.
ETF 50.58(1)(a)3.
3. The medical evidence, as provided in
s. ETF 50.50 (6), establishes a disability to the extent that the participant can no longer efficiently and safely perform the duties required by the participant's position, and that the condition is likely to be permanent.
ETF 50.58 Note
Note: Form ET-5353, "LTDI Special Disability Medical Report" is available upon request from the department, P.O. Box 7931, Madison, Wisconsin 53707-7931.
ETF 50.58(1)(b)
(b) Integration with benefits under s. 66.191, 1981 Stats. Any person entitled to payments of LTDI benefits who may otherwise be entitled to payments under s.
66.191, 1981 Stats., may file with this department and the department of workforce development a written election to waive payments due under this subchapter and accept in lieu of the payments under this subchapter payments as may be payable under s.
66.191, 1981 Stats., but no person may receive payments under both s.
66.191, 1981 Stats., and this subchapter. However, any person otherwise entitled to payments under this subchapter may receive the payments, without waiver of any rights under s.
66.191, 1981 Stats., during any period as may be required for a determination of the person's rights under s.
66.191, 1981 Stats. Upon the final adjudication of the person's rights under s.
66.191, 1981 Stats., if waiver is filed under this paragraph, the person shall immediately cease to be entitled to payments under this subchapter and the LTDI account shall be reimbursed from the award made under s.
66.191, 1981 Stats., for all payments made under this subchapter.
ETF 50.58(1)(c)
(c) Exceeding earnings limit. Notwithstanding
s. ETF 50.56 (4) (a), LTDI benefits for a recipient under
sub. (1) may not be terminated for exceeding the earnings limit. The payment of LTDI benefits shall be suspended and no LTDI benefits shall be payable after the first of the month in which a determination is made by the department that the recipient has received during the calendar year earnings or other earned income exceeding the earnings limit. Payment of LTDI benefits suspended under this paragraph shall resume on the first day of the next calendar year.
ETF 50.58(1)(d)
(d) Reemployment in law enforcement or fire fighting. Payment of LTDI benefits shall be immediately terminated upon employment of a recipient under
sub. (1) in a law enforcement or fire fighting capacity.
ETF 50.58(2)
(2) Elected officials. For purposes of the department's determination of eligibility under
s. ETF 50.50 (1), an elected official shall be considered to have terminated active service due to disability if the medically determinable impairment is determined to exist at the end of the elected official's term of office.
ETF 50.58 History
History: Emerg. cr. eff. 10-15-92; cr.
Register, May, 1993, No. 449, eff. 6-1-93;
CR 11-040: am. (1) (b)
Register July 2012 No. 679, eff. 8-1-12.
ETF 50.60(1)(1)
LTDI account. A separate account for the LTDI program shall be maintained within the public employee trust fund.
ETF 50.60(2)(a)(a) The employee trust funds board shall pay a monthly premium to the LTDI program account for the LTDI coverage provided to participating employees under this subchapter.
ETF 50.60(2)(b)
(b) The initial amount of the required monthly premium shall be as determined and certified by the actuary. The actuary shall determine and certify future required premiums annually at the same time contribution rates are 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 group insurance board approves.
ETF 50.60 History
History: Emerg. cr. eff. 10-15-92; cr.
Register, May, 1993, No. 449, eff. 6-1-93.
ETF 50.62
ETF 50.62
Proration of adjustment percentages and monthly benefits. ETF 50.62(1)(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 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 5%. The recipient would instead receive an increase of 1.67% (5% x 0.333 = 1.67%). 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 5%. The recipient would receive no increase. Although 5% x 0.083 = 0.415%, this is less than 1% and therefore no increase results. The following year the annual adjustment is an increase of 6%. The recipient receives the entire 6% increase.
ETF 50.62(2)(a)(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.
ETF 50.62(2)(b)
(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.
ETF 50.62(2)(c)
(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 ETF 50.62 History
History: Emerg. cr. eff. 10-15-92; cr.
Register, May, 1993, No. 449, eff. 6-1-93; reprinted to restore dropped copy in Table 3,
Register, December, 1999, No. 528.
