SECTION 8. ETF 50.44 (2) (a) is amended to read:
ETF 50.44 (2) (a) This subchapter does not apply to a person who is a participating employee on October 15, 1992, and continuously employed by one or more successive participating employers from that date until terminating employment or taking a final leave of absence due to a medically determinable impairment, unless the person elects to be covered by this subchapter as provided in s. ETF 50.46, and the person files a claim for benefits with the department before January 1, 2018. SECTION 9. ETF 50.46 (2) (d) is repealed and recreated to read:
ETF 50.46 (2) (d) An election to be covered under this subchapter will not be accepted unless a claim for benefits has been filed with the department before January 1, 2018.
SECTION 10. ETF 50.48 (4) (a) is amended to read:
ETF 50.48 (4) (a) The department shall report its determination to grant or deny each application for LTDI benefits to the employer and the claimant. A claimant or employer who wishes to contest the department's findings shall make a timely appeal to the group insurance employee trust funds board. If no timely appeal is filed, the department's determination to grant or deny the application for LTDI benefits shall be final.
SECTION 11. ETF 50.48 (4) (c) is amended to read:
ETF 50.48 (4) (c) If the department's denial is based solely on par. (b) 1. or 3., or both, and the claimant may appeal to the group insurance board. The group insurance appeals the denial, the employee trust funds board's decision shall include a finding as to whether the employer's responses on the employer statement form were reasonable and correct. If the group insurance employee trust funds board determines that the employer's responses were unreasonable and incorrect, the group insurance employee trust funds board decision shall include an order to the employer to amend the statement and an order to the department to process the LTDI application when the amended statement is received.
SECTION 12. ETF 50.48 (7) is created to read:
ETF 50.48 (7) Claims filed under this subchapter that are received by the department after December 31, 2017 will not be accepted.
SECTION 13. ETF 50.54 (1) is amended to read:
ETF 50.54 (1) Plan administrator. The department shall administer the plan established by this subchapter on behalf of the group insurance employee trust funds board unless otherwise expressly provided in an administrative services contract between the group insurance employee trust funds board and an outside administrator, in which the employee trust funds board concurs.
SECTION 14. ETF 50.56 (1) (j) is amended to read:
ETF 50.56 (1) (j) The duration of LTDI benefits for recipients whose LTDI benefit effective date is on or after the date the recipient attains age 61 shall be periodically reviewed and may be revised based on the actuary's determinations, as approved by the employee trust funds board, so as to provide LTDI benefits meeting equal cost standards under federal age discrimination law. As part of the regular 3-year general investigation under s. 40.03 (5) (b), Stats., beginning with the investigation based on data through 1996, the actuary shall determine the appropriate duration for LTDI benefits beginning at and after age 61. The employee trust funds board shall be responsible for approving any change to the duration of LTDI benefits. If the duration of LTDI benefits is changed, the duration of LTDI benefits being paid as the result of an application received by the department prior to the effective date of the change shall not be affected. Any such revision shall be effective upon promulgation as an amendment to this rule by the group insurance employee trust funds board. SECTION 15. ETF 50.56 (2) (e) is amended to read:
ETF 50.56 (2) (e) If the department alters the amount of monthly LTDI benefits under par. (c) or terminates payment of LTDI benefits under par. (d), the department shall send notice of the action 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 alteration or termination with the group insurance employee trust funds board as provided in ch. ETF 11. If no timely appeal is filed, the alteration or termination of LTDI benefits is final. SECTION 16. ETF 50.56 (3) (b) is amended to read:
ETF 50.56 (3) (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 employee trust funds board, as provided in ch. ETF 11. If no timely appeal is filed, the termination of LTDI benefits is final. SECTION 17. ETF 50.60 (2) (b) is amended to read:
ETF 50.60 (2) (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 employee trust funds board approves. SECTION 10. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats.
