Register November 2013 No. 695
Chapter ETF 52
DUTY DISABILITY BENEFITS
Purpose and scope.
Department authority and duties.
Application for duty disability benefits.
Effective date of duty disability benefits.
Monthly salary and subsequent adjustments.
Duty disability benefits for state employees.
Reduction of duty disability monthly salary based on years of service.
Reductions in monthly duty disability benefits.
Establishing estimated monthly reductions.
Collection of excess benefits paid in error.
Required reporting by duty disability recipients; failure to submit.
Termination of duty disability benefits.
This chapter applies to the administration of the duty disability program under s. 40.65
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)
ETF 52.01 History
Cr. Register, September, 1998, No. 513
, eff. 10-1-98.
Unless the context clearly requires otherwise, words, phrases and terms shall have the meanings set forth in s. 40.02
, Stats., and s. ETF 10.01
. In this chapter:
"Fire fighter" means an employee of the fire department of a participating employer who was classified for that employment as a protective occupation participant as defined in s. 40.02 (48) (b) (2)
"Light duty" means the limiting of the participant's job duties as determined by the employer or the participant's physician because of medically imposed restrictions associated with an apparent disability, or the employer's assignment of the participant to another position, the duties of which the participant is capable of performing notwithstanding the apparent disability, and which does not cause the participant to be reclassified to a category other than protective occupation participant.
"Lump sum payment" means a payment, or that portion of a payment, which covers a period other than the current benefit payment period established for those benefits.
Example: Worker's compensation benefits are payable in weekly payments. If a worker's compensation payment covered this week and the previous 2 weeks, the portion covering the previous 2 weeks would be a lump sum payment. Wisconsin retirement system annuities are payable monthly. A payment covering the previous 12 months, but not the current month, would be a lump sum payment.
"Medical report" means a written certification on the form prescribed by the department by a physician, as defined in s. 448.01 (5)
, Stats., who practices in this state, concerning the medical evaluation, diagnosis, prognosis and causal factors of the condition of an applicant for duty disability benefits.
ETF 52.02 Note
Note: "Duty Disability Medical Report," form ET-5312.
"Protective occupation participant" as used in s. 40.65 (4) (intro.)
, Stats., means a person who was a protective occupation participant within the meaning of s. 40.02 (48)
, Stats., on the date the injury occurs, or the disease is contracted, which leads to the disability under s. 40.65 (4)
"Qualifying date" means the date on which a participant became disabled under s. 40.65 (4)
, Stats., as determined under s. ETF 52.08
"Qualifying medical report" means a medical report, consistent with attached medical records, which certifies that an applicant for duty disability benefits is disabled as described by s. 40.65 (4)
"Receiving duty disability benefits" as used in this chapter, or "receiving a benefit under this section" as used in s. 40.65 (6)
, Stats., refers to a person who has applied for and been found eligible to receive duty disability benefits under s. 40.65
, Stats., regardless of the effect of any monthly reductions on the net duty disability benefit payable.
ETF 52.02 History
Cr. Register, September, 1998, No. 513
, eff. 10-1-98; CR 13-029
: renum. (4m) to (1m) and am., am. (2) Register November 2013 No. 695
, eff. 12-1-13.
Department authority and duties. ETF 52.04(1)(1)
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.
ETF 52.04 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.
Application for duty disability benefits. ETF 52.06(1)(1)
An application for duty disability benefits made on or after May 3, 1988, shall be filed with the department, regardless of whether the person filed an application for duty disability benefits with the former department of labor, industry and human relations prior to May 3, 1988.
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
The receipt date for applications filed with the department prior to January 1, 1995, and for application materials filed prior to May 3, 1988, with the former department of industry, labor and human relations, is the date of the receipt stamp affixed to the document by the respective department, absent clear and convincing proof to the contrary.
(3) Criteria to be specified.
An applicant shall specify which of the following eligibility criteria under s. 40.65 (4) (c)
, Stats., are satisfied:
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.
Pay reduced due to disability, on other than a temporary basis.
Position reduced due to disability, on other than a temporary basis.
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.
(4) Employment status.
A person who was not both a participating employee and a protective occupation participant both at the time he or she became injured or contracted an occupational disease and when he or she became disabled as described by s. 40.65 (4)
, Stats., is not eligible for duty disability benefits. For purposes of this subsection only, aggravation of an existing injury or disease is deemed the same as being injured or contracting a disease.