Rule-Making Notices
Notice of Hearing
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds (ETF) announces that it will hold public hearings on a proposed rule revising Chapter
ETF 52 relating to the Duty Disability Program.
Hearing Information
Date: Wednesday, May 15, 2013
Time: 11:00 a.m.
Location: Conference Room GB
Department of Employee Trust Funds
801 West Badger Road
Madison, WI 53713
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building.
The hearing site is fully accessible to people with disabilities. If you are hearing impaired, do not speak English, or have circumstances that might make communication at a hearing difficult, you require an interpreter or a non-English large print or taped version of the proposed rules; contact the person at the address or telephone number given below at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Place Where Comments are to be Submitted and Deadline for Submissions
Comments may be submitted to the contact person no later than 4:30 p.m., Wednesday, May 29. The public hearing will be held at 11 a.m. on Wednesday, May 15, 2013, in conference room GB of the Wisconsin Employee Trust Fund building at 801 W. Badger Rd, Madison, WI 53713.
Free Copies of Proposed Rule
Copies of the proposed rule are available without cost from the Office of the Secretary, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707-7931. The telephone number is: (608) 266-1071.
Analysis Prepared by the Department of Employee Trust Funds
Statutes interpreted
Statutory authority
Explanation of agency authority
By statute, the ETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch.
40 of the Wisconsin statutes. Also, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
This rule is intended to clarify the existing rule regarding the administration of the Duty Disability Program and streamline the process of applying for and making determinations regarding the Duty Disability benefit. The chapter was promulgated in its entirety in 1998, and has not been amended since.
Related statute or rule
Plain language analysis
Definitions
ETF 52.02 (2) — “light duty" is amended to clarify that either an employer or physician may determine the limiting of a participant's job duties.
ETF 52.02 (4m) — “fire fighter" is amended to not conflict with s.
40.02 (48), Stats., that an employer determines principal duties for the protective classification.
ETF 52.04 (4) is amended to include payments to spouse, domestic partner, or adjudicated guardian.
ETF 52.06 (3) (b) is amended to clarify that either an employer or physician assigns an employee to light duty irrespective of the availability of such a position.
ETF 52.06 (3) (c), (d), and (e) are amended to remove “merely" from the phrase “merely temporary" and clarify when written rules, ordinances, policies, or agreements are necessary.
ETF 52.06 (5) (a) is amended to clarify that medical reports for applicants are paid for by the applicant, and one must be from a specialist, and the Department does not approve or certify specialists.
ETF 52.06 (5) (Note) is amended to fix the mailing address of the Department.
ETF 52.06 (6) (a) is amended to clarify when an applicant may withdraw an application for duty disability benefits.
ETF 52.06 (7) (a) is amended to clarify language.
ETF 52.06 (7) (b) is amended to clarify requirements for submitting certain duty disability applications under presumption statutes for heart, lung disease and certain cancers.
ETF 52.06 (7) (b) 1. and 2. are amended to clarify that service need not have been continuous and the current employer of a fire fighter may verify and certify past qualifying service.
ETF 52.06 (7) (b) 3. is amended to clarify how an employer certifies a fire fighter's qualifying medical examination.
ETF 52.06
(7) (bm) is created section to clarify requirements for employer certification when applying for duty disability benefits pursuant to s.
891.453, Stats.
ETF 52.06 (7) (c) is clarified regarding the use of evidence when the Department determines eligibility for duty disability benefits based on certain presumptive diseases.
ETF 52.07 (3) (b) is amended to clarify that the employer assigns the applicant to light duty even if a light duty position isn't available.
ETF 52.07 (3) (c) and (d) are amended to clarify what constitutes a reduction in pay for purposes of duty disability benefits administration.
ETF 52.07 (4) is amended to clarify and remove “merely" from the phrase “merely temporary."
ETF 52.08 (3) is amended to clarify that an employer or a physician may characterize a disability as temporary and then amend that determination.
ETF 52.12 (1) (a) 1., (1) (b), and (1) (c) are amended to clarify what is included in “monthly salary" for the purpose of administering duty disability benefits.
ETF 52.15 is created section to clarify how duty disability benefits are reduced based on years of service.
ETF 52.16 (4) (a) and (4) (c) are amended to clarify how worker's compensation benefits payable to a participant affect the participant's duty disability benefit.
ETF 52.22 (3) is created to clarify the limitations of applying for duty disability benefits based on certain presumptive diseases.
ETF 52.28 (2) (a) is amended to include certain determinations for duty disability benefits under presumptive disease statute 891.453, Stats., among appealable determinations.
Summary of, and comparison with, existing or proposed federal regulations
None.
Comparison with rules in adjacent states
Please see attached Fiscal and Economic Impact Analysis.
Summary of factual data and analytical methodologies
The proposed rule is intended to clarify ETF's rules regarding the Duty Disability Program.
Accuracy, integrity, objectivity and consistency of data
The present rule changes were a result of examination of the Duty Disability Program, as administered, by the Disability Bureau of ETF. ETF conducted analysis with integrity in an accurate, objective, and consistent manner in accordance with its fiduciary responsibilities to its members.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact report
The rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System.
Effect on small business
There is no effect on small business.
Fiscal estimate
The rule will not have any fiscal effect on the administration of the Wisconsin Retirement System, nor will it have any fiscal effect on the private sector, the state or on any county, city, village, town, school district, technical college district, or sewerage districts.
