Register May 2021 No. 785
Chapter ETF 10
Creditable service for Milwaukee teachers.
Leave of absence.
Separation from employment.
Employee trust funds board and teachers retirement board elections.
Separate retirement system participation in the retirement trust fund.
Approval of group insurance plans for state employees.
Core retirement investment trust participation in the variable retirement investment trust.
Variable division participation.
Sick leave conversion credits.
Joint instrumentalities; reporting participating employees, service and earnings.
Reports and payments.
Transmittal of initial OASDHI wage reports.
Transmittal of OASDHI adjustment reports.
Debiting participant account to fund benefit.
Late paid earnings.
Late reporting charges and interest.
Refund of excess contributions.
Individual personal information.
Fee for search of historical records.
Power of attorney.
Reasonable efforts to locate benefit payees.
Receipt by the department.
Response to requests.
Words, phrases, and terms used in all ETF chapters which are not defined in this section shall have the meaning set forth in s. 40.02
Service reported by the military as active duty for training purposes.
Service as a cadet or student at a U.S. military service academy.
ETF 10.01 Note
This definition does not apply to the term “active service" used in reference to active performance of the duties of employment with a participating employer, as for example in s. 40.63 (1) (c)
ETF 10.01 Note
Insofar as possible, the department relies on U.S. armed forces documents, such as the DD 214, the AGO53-55 series, NAVPERS 553, and GSA 6851, to identify periods of “active duty" and “active duty for training."
“Administrative error" means a clerical mistake in copying or writing. The term also includes the unintentional omission of a number or factor in making a calculation or a mathematical miscalculation by a department employee or board staff. The term does not include an actual or alleged erroneous interpretation of applicable law, the giving of erroneous advice, or negligence on the part of an employee or agent of the department or member or agent of the board.
“Benefit approval date" is the date on which an application for a separation benefit, lump sum retirement benefit, or the payment of additional contributions, death benefit, or remaining guaranteed annuity payments in a lump sum, is confirmed by payment voucher by the department.
In this section, “child" includes a natural child, stepchild, adopted child, child in an adoptive placement under s. 48.837 (1)
, Stats., and legal ward who became a permanent legal ward of the employee or the employee's spouse or domestic partner prior to age 19.
Unless otherwise provided by ch. 230
, Stats., contractual agreements authorized under subch. V of ch. 111
, Stats., or par. (b)
, the hourly rate, or its equivalent, excluding any overtime or supplementary compensation, at which the employee is paid at the time of termination of employment or at the time of death. For an active employee or employee on an approved leave of absence the “current basic pay rate" means the hourly rate, or its equivalent, the employee is paid during the pay period or was paid prior to the commencement of the leave of absence. The equivalent of the hourly rate of pay shall be obtained by dividing the employee's total earnings in a typical pay period, excluding any overtime, on-call, extracurricular or supplementary compensation, by the number of hours, excluding hours, such as overtime, on-call and extracurricular hours which are incidental to the primary employment, for which the employee is paid in that pay period. If the employee has received a pay adjustment during the 12 months preceding termination, death or leave of absence, other than a permanent change that is broadly applicable to the employees of that employer, or unless that change is the result of a significant change in the nature and duties and activities of that employee, then the equivalent of the hourly rate shall be the greater of the previous current basic pay rate prior to the pay adjustment or the final average earnings divided by 174.
For an annuitant who becomes a participating employee subject to s. 40.22
, Stats., within 3 years of the original date of termination, the greater of the current basic pay rate as established under par. (a)
on the effective date of the original annuity or the current basic pay rate at the time of subsequent termination.
For annuitants who become participating employees subject to s. 40.22
, Stats., after more than 3 years from the original date of termination the current basic pay rate determined in accordance with par. (a)
at the time of subsequent termination for sick leave accumulated after reemployment only. The conversion of sick leave accumulation in effect prior to reemployment shall be calculated by application of the current basic pay rate in effect prior to reemployment as determined under par. (a)
“Decree date" as defined in s. 40.02 (18f)
, Stats., includes the first day of the month in which a participant's domestic partnership is terminated by a court under a final judgment, decree or order.
For life insurance purposes, an eligible employee's spouse and an employee's child, including natural child, stepchild, adopted child, and a child in an adoptive placement under s. 48.837 (1)
, Stats., who is under the age of 26 or who is age 19 or older and incapable of self-support because of a physical or mental disability which is expected to be of long-continued or indefinite duration.
For health insurance purposes, an eligible employee's spouse and an eligible employee's unmarried child who is dependent upon the employee or the other parent for at least 50% of support and maintenance. This support and maintenance requirement does not apply to eligible adult children as described in s. 632.885
, Stats. A dependent includes an eligible employee's grandchild as provided in s. 632.895 (5m)
, Stats. It also includes the eligible employee's unmarried dependent child, regardless of age, when he or she is:
Age 26 or older and incapable of self-support because of a physical or mental disability which is expected to be of indefinite duration or for at least one year or a full-time student as provided in s. 632.885
“Domestic relations order" or “DRO" means a court order to divide a participant's Wisconsin retirement system account or annuity which has not been determined by the department to satisfy all the criteria of s. 40.02 (48m)
, Stats., and s. ETF 20.35
“Earnings" under s. 40.02 (22)
, Stats., except as otherwise provided by federal regulations for OASDHI purposes, does not include payments made in lieu of welfare, payments made to reimburse welfare costs, or payments made as part of a work relief, general relief or public assistance program under ch. 49
, Stats., unless employment is part of a training program to improve skills or increase employability and the employment satisfies the requirements under s. 40.22 (1)
“Full calendar year" as used in s. 40.08 (8) (d)
, Stats., means the time period beginning on a given date and ending on the same date in the next year.