"Undergraduate degree" means a bachelor's degree.
(2) Reimbursement application.
An application shall be submitted on a form approved by the department. It may be submitted through a county veterans service officer, through any other agent authorized by the department, or directly to the department, either manually or electronically. Applications shall be received by the department or an authorized agent no later than 60 days after the starting date of the course, term or semester for which reimbursement is requested. Applications are considered received if all student information is completed and a physical or electronic date stamp is affixed to the application. The school veterans coordinator shall list the completion date of the semester, the cost of tuition, other assistance received or applied for by the applicant, the number of credits enrolled in during the semester, and the semester grade point average. Applications are considered complete when all required information has been provided and the completed application is submitted to the department manually or electronically. Completed applications submitted more than 60 days following the last day of the course, term or semester for which reimbursement is requested shall be denied unless good cause can be shown for the delay in submission.
Reimbursement may be made only if a representative of the educational institution, center or school certifies that the veteran was enrolled as an undergraduate during the semester for which reimbursement is sought and that the veteran does not have an undergraduate degree.
For semesters beginning after December 31, 2005, reimbursement may be made only if the veteran fully completes and files a pre-application with the department, on a form approved by the department, within 180 days of the commencement of the semester for which reimbursement is sought. It may be submitted through a county veterans service officer, through any other agent authorized by the department, or directly to the department, either manually or electronically. Failure to file a pre-application under the terms of this paragraph will result in the denial of any grant application subsequently filed for the applicable semester.
VA 2.02 Note
Pre-application forms may be obtained at the department's web site at http://dva.state.wi.us
A veteran may not receive reimbursement for any semester or course for which he or she is eligible for or received a grant under s. 321.40
, Stats., or 10 USC 2007
. A veteran who fails to comply with the procedural requirements or maintain the requisite grade point average applicable to the grant or who takes any action which might disqualify him or her from receiving the applicable grant, is considered to still be eligible for the applicable grant for the purpose of determining whether he or she is entitled to reimbursement under this section.
Reimbursement is limited to that portion of a veteran's tuition not paid for by other grants or scholarships, including any offsets or remissions the veteran is entitled to receive under any other program.
Grade point average.
The department shall utilize the grade point average calculated and reported by the school.
VA 2.02 History
Cr. Register, April, 1986, No. 364
, eff. 5-1-86; r. (2), am. (3) and (6), Register, February, 1989, No. 398
, eff. 3-1-89; am (5), Register, August, 1993, No. 452
, eff. 9-1-93; CR 04-080
: cr. (8) Register November 2004 No. 587
, eff. 12-1-04; CR 05-096
: r. and recr. Register January 2006 No. 601
, eff. 2-1-06; CR 07-083
: am. (3) (b) Register February 2008 No. 626
, eff. 3-1-08; correction in (3) (c) made under s. 13.92 (4) (b) 7.
, Stats., Register October 2009 No. 646
: emerg. am. (2), eff. 1-4-10; CR 09-122
: am. (2) Register June 2010 No. 654
, eff. 7-1-10.
"Available liquid assets" means cash on hand, cash in a checking or savings account, stocks, bonds, certificates of deposit, treasury bills, money market funds and other liquid investments owned individually or jointly by the applicant and the applicant's spouse, unless the applicant and spouse are separated or are in the process of obtaining a divorce as established by the criteria set forth in s. VA 1.12 (4)
, but does not include funds deposited in IRAs, Keogh plans, deferred compensation plans, or cash surrender value of life insurance policies.
"Grant period" means one year from the date the application is received by the department or until the anticipated completion date of the applicant's approved retraining program, whichever is earlier.
"Underemployed" means the status of a veteran whose annual income from employment does not exceed the federal poverty guidelines, as established by the department of health and human services, for the veteran's family size. The department shall adjust the guidelines on July 1 of each year to reflect the most recent federal poverty guidelines.
VA 2.03(2)(b)(b) Amount of grant.
Applicants who qualify for a retraining grant under the provisions of this section and s. 45.21
, Stats., are entitled to a grant equal to their need during the grant period or the statutory maximum grant, whichever is less. Except as provided in par. (h)
, need shall be determined by deducting 75% of earned income and all unearned income to be received by the applicant during the grant period, available liquid assets in excess of $2,400 plus 6 months living expenses computed as set forth in s. VA 9.03
held by the applicant at the time of application and all other financial aid which will be received by the applicant during the grant period from the amount needed during the grant period. The amount needed will be the sum of the amount shown on the standard student budget described in s. VA 9.03
for the appropriate time period and for the appropriate number of family members plus the cost of tuition, fees, supplies and books as reported by the school for the courses to be taken during the grant period plus any unusual expenses reported by the applicant.
(d) Completion date.
The anticipated completion date of a course of instruction or a structured on-the-job training program may not be more than 2 years from the date the application is received by the department.
(e) Number of retraining grants.
A veteran may receive only one grant in a 12 month period. A check for an additional grant may not be mailed until a year has passed since the date the check for the previous grant was mailed. No more than 2 grants may be given to a veteran.
(f) Qualifying prior employment.
The veteran shall demonstrate a work history of at least 6 consecutive months of employment with one employer or in the same or similar occupations. Loss of that employment or a reduction in earnings may not be caused by the voluntary actions of the veteran.
The department may make partial grant payments to assure that the veteran continues to pursue an approved course of instruction or engage in an approved structured on –the-job training program during the grant period. The department may require written verification from the school or the employer that the veteran is making satisfactory progress towards completion of the course of instruction or the structured on-the-job training program. If the veteran is unable to verify satisfactory progress towards completion or discontinues pursuit of the course of education or engagement in the structured on-the-job-training program, the department may cancel any unpaid portion of the grant.
Income from an employer who is providing an approved structured on-the-job training program to the veteran shall be disregarded in determining the veteran's need under par. (b)
The maximum grant payable under this section for each grant period is $3,000.
The total cumulative amount that a veteran may receive under this section is $6,000.
Other available assistance.
The department may not provide a grant payment under this section if other assistance is available to meet the veteran's needs.
VA 2.03(3)(a)(a) Required information.
A grant application, including required exhibits and supplements, shall contain information that is necessary to satisfy the department that the applicant has a qualifying need for the grant, has a period of qualifying prior employment, is enrolled in a qualifying course of instruction or is engaged in a structured on-the-job training program which meets the requirements of s. VA 2.03 (5)
which will lead to gainful employment and has become unemployed, underemployed or received a notice of termination of employment within the year prior to the date the application is received by the department or has received a retraining grant within 13 months prior to the date the department receives an application for a second grant. Required exhibits and supplements shall include a statement written by the applicant explaining the circumstances leading to the need for retraining and an explanation as to why the applicant feels that the desired retraining will lead to gainful employment.
Procedure for a school-based course.
Applications shall be initiated in the office of a county veterans service officer and completed and submitted by the FAO or other appropriate official representing the school attended by the applicant. The applications shall include verification that the applicant has received counseling from an assessment counselor and the counselor approves of the retraining to be taken.
Procedure for structured on-the-job training program.
Applications shall be initiated, completed and submitted by the office of a county veterans service officer. Each application shall contain a certification by the employer that the requirements of sub. (5)
are met. The department shall evaluate the program and determine whether the requirements of s. VA 2.03 (5)
(4) Coordination with other occupational training programs.
The department shall stay in regular contact with and shall promote cooperation with the United States department of labor, the United States department of veterans affairs, the department of workforce development, and any other occupational training program administrator as appropriate. The department may exchange program literature with the agencies and encourage county veterans service officers to provide information about other programs to veterans who participate in or inquire about the retraining grant program.
(5) On-the-job training programs.
All of the following requirements shall be met for approval of a grant for engagement in a structured on-the-job training program:
The employer is planning, upon completion of the veteran's training program, to employ the veteran for the position for which the veteran has been trained and the employer reasonably expects that such a position will be available to the veteran on a stable and permanent basis at the end of the training period.
The training program is not for employment which consists of seasonal, intermittent or temporary jobs.
The training content of the program is adequate to accomplish the training objective of the program taking into account the occupation for which training is to be provided and the content of comparable, available training opportunities which lead to the occupation.
The wages and benefits to be paid to the veteran participating in the training program will not be less than the wages and benefits normally paid to other employees participating in a comparable training program.
The employment of a veteran under the program will not result in the full or partial displacement of currently employed workers.
The employment of a veteran under this program will not be in a job while any other individual is on layoff from the same or substantially equivalent job or the opening for which was created as a result of having terminated the employment of any regular employee or otherwise having reduced the work force with the intention of hiring a veteran under this program.
The employer will not employ in this program a veteran who is already qualified by training or experience for the job for which training is to be provided.
The employer will consider the veteran's prior training in the field for which he or she is being trained and will shorten his or her training program appropriately.
Each participating veteran will be employed full time in the program of job training.
The training period under the proposed program is not longer or shorter than the training period that employers in the community customarily require new employees to complete in order to become competent in the occupation for which training is to be provided.
There are in the training establishment or place of employment such space, equipment, instructional material, and instructor personnel as needed to accomplish the training objective.
The employer will keep records adequate to show the progress made by each veteran participating in the program and otherwise to demonstrate compliance with the requirements of the program for at least 3 years. The employer will make these records and accounts available for examination by the department as may be required.
VA 2.03 History
Cr. Register, January, 1990, No. 409
, eff. 2-1-90; am. (1) (d), (2) (e) and (3) (a), Register, June 1992, No. 438
, eff. 7-1-92; r. (1) (f), am. (2) (b) (3) (a), cr. (2) (f), (4), Register, August, 1993, No. 452
, eff. 9-1-93; cr. (1) (f), am. (2) (f) and (3) (a), Register, January, 1996, No. 481
, eff. 2-1-96; am. (1) (e), (2) (b), (d), (3) (a) and (b), r. (2) (a) and (c), cr. (2) (g), (h), (3) (c), and (5), Register, July, 1998, No. 511
, eff. 8-1-98; CR 05-091
: am. (2) (g), cr. (2) (i) to (k) Register January 2006 No. 601
, eff. 2-1-06; corrections in (4) made under s. 13.92 (4) (b) 6.
, Stats., Register October 2009 No. 646
Recovery of erroneous payments. VA 2.05(1)
The department may recover payments made as a grant under s. 45.20
, Stats., if any of the following apply:
The information provided by the applicant or the school is inaccurate.
The department incorrectly calculated the grant amount.
The applicant is not entitled to a grant or is entitled to a lower grant amount as a result of a change in circumstances that affects the applicant's eligibility to receive the grant.
(2) Amount of recovery.
The department may recover only the portion of the grant to which applicant would not have been entitled if the correct information had been provided or the grant had been properly calculated, or as a change in circumstances warrants.
The department may request repayment of the amount due under sub. (2)
. In lieu of a lump sum payment, the department may enter into an agreement under which the applicant may repay the amount due within a 12-month period. If the applicant fails to repay the amount due within 30 days of a request for repayment or fails to comply with the terms of a repayment agreement, the department may offset future grants that the applicant may be entitled to under s. 45.20
, Stats., until the amount due has been recovered. The department may also suspend other benefits available to the applicant until the amount due has been recovered, except that the department may not suspend benefits available under s. 45.40
The department may temporarily or permanently waive its authority to recover payments under sub. (1)
or suspend benefits under sub. (3)
if the applicant's household income is totally exempt from garnishment under s. 812.34 (2) (b)
(5) Administrative review.
Any department decision under this section is subject to appeal under s. VA 1.03
VA 2.05 History
History: CR 04-003
: cr. Register June 2004 No. 582
, eff. 7-1-04.