ETF 10.01 Definitions.
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 finally approved for payment by the department. The date of final approval is the date recorded by the department in the voucher box on the “Single Sum Benefit Data," form ET-7102, or the electronic equivalent, associated with the benefit payment in question.
In this section, “child" includes a natural child, stepchild, child of the insured domestic partner, 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 or domestic partner and an employee's child, including natural child, stepchild, child of the domestic partner, 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, an eligible employee's domestic partner if the eligible employee has elected coverage for the domestic partner as provided by the health insurance contract,
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
“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.
“Guardian" has the meaning given in s. 54.01 (10)
, Stats., and includes conservators appointed pursuant to s. 54.76
“Highest basic pay rate" means, for purposes of s. 40.05
, Stats., unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111
, Stats., the highest hourly rate, excluding any overtime or supplementary compensation, at which an employee accrued accumulated sick leave that is eligible for conversion under s. 13.121 (4)
, 230.35 (2)
, 238.04 (8)
, or 757.02 (5)
, Stats. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses is considered as part of the employee's basic pay for purposes of this paragraph and s. 40.05
“Inactive participant" means, for purposes of the teachers retirement board election under s. ETF 10.10
, a participant who is neither a participating employee, as defined in s. 40.02 (46)
, Stats., nor an annuitant as defined in s. 40.02 (4)
“Maximum voluntary contribution" means the total amount eligible under section 415
(c) of the internal revenue code, as adjusted pursuant to section 415
(d) of the internal revenue code and the regulations promulgated pursuant to that section, to be contributed to the Wisconsin retirement system in a calendar year by or on behalf of a participating employee, less all required and employer-paid additional contributions which are includable in the limits of section 415
(c) of the internal revenue code, as determined by the department.
ETF 10.01 Note
Note: A worksheet to assist the employee to estimate his or her maximum voluntary contribution is available from the department of employee trust funds at no charge.
“Medical record" includes medical evaluation, diagnosis, prognosis, rehabilitation potential, medication, treatment, diet, limitations on activities, symptoms, general physical or mental condition, x-rays, lab tests or results, or any communication or information related to the health, medical, surgical, dental, optometric, chiropractic, podiatric or hospital care or condition of a participant or the spouse, domestic partner or dependent of the participant.
“Minimum retirement age" means the earliest age at which a person may qualify to receive a regular, non-disability annuity or a lump sum payment in lieu of an annuity from the Wisconsin retirement system.
ETF 10.01 Note
The term “minimum retirement age" currently is not used in ch. 40
, Stats. or ETF administrative rules. The term is defined in this rule (CR 09-057
) to be consistent with s. 40.23 (1) (a) (intro.)
, Stats., which describes the earliest age at which a retirement annuity may be taken.
Where the compensation is paid on a weekly basis, the amount computed by multiplying the employee's basic weekly pay rate by 4.3333.
Where the compensation is paid on a biweekly basis, the amount computed by multiplying the employee's basic biweekly pay rate by 2.1666.
“Public school" means, for purposes of s. 15.165 (3) (a) 1.
, Stats., a cooperative educational service agency established under ch. 116, Stats.
, a county children with disabilities education board established under s. 115.817
, Stats., and any school supported wholly or in part by public funds which is under the control and management of the state of Wisconsin or any subdivision of the state of Wisconsin and which is empowered by law to employ teachers; but does not mean the University of Wisconsin System, any school in the city of Milwaukee, a state agency or a vocational, technical and adult education district.
“Reinstate," for purposes of s. 40.25 (5) (a)
, Stats., means to restore a discharged employee to the previously held position, or a like position, with the participating employer, at the same pay and benefit level to which the employee would have been entitled if the employment had not been interrupted by the discharge. The court order, arbitration award or compromise settlement must direct that the disputed termination be expunged and the employee made whole with respect to all wages and benefits that the employee would have received if continuously employed by the participating employer under the conditions in effect prior to the disputed termination, except that the court order, arbitration award or compromise settlement may direct that back wages paid for the period of discharge be reduced by amounts earned from other sources and may identify a period of disciplinary suspension for which wages and benefits are not paid.
“Salary index" means, for purposes of s. 40.26
, Stats., for years prior to 1982, 5%.
“School system" includes, for life insurance purposes, any public entity whose primary purpose is education.
“School year" means, for purposes of s. 40.02 (3)
, Stats., the period beginning July 1 and ending the following June 30.
“Student" means, for insurance purposes, a person, who is enrolled in an institution which provides a schedule of courses or classes and, whose principal activity is the procurement of an education. Full-time student status shall be defined by the institution in which the student is enrolled and shall include any usual vacation period if the child was a full-time student at the end of the previous term.
“Summer vacation" means the time between the end of the regular school term of the school system in which the employee was last employed and the beginning of the next regular school term of that system.
“Surviving Spouse" means the spouse to whom the deceased was married at the time of death. For purposes of determining a beneficiary under s. 40.02 (8) (a) 2.
, Stats., a judgment, order or decree of divorce, legal separation or annulment of the marriage terminates the marital relationship.
ETF 10.01 Note
Note: 2007 Wis. Act 131
deleted the terms “widow or widower" from s. 40.08 (8) (a) 2.
, Stats., and replaced them with the term “surviving spouse." This rule (CR 09-057
) provides a definition for “surviving spouse." The Wisconsin Retirement System (WRS) has allowed courts to order the division of WRS benefits in the property division associated with a legal separation because a legal separation is a termination of the marriage, at least for property division purposes. This treatment of the beneficiary definition is in conformity with that interpretation.
“Three continuous years of creditable service" for purposes of s. 40.285
, Stats., and s. ETF 20.17
means an uninterrupted period of at least 3 complete, non-overlapping annual earnings periods during each of which the participant earned some creditable current service. A period of continuous creditable service is considered interrupted if the participating employee is terminated from employment covered by the Wisconsin retirement system for a period of more than 90 calendar days. Service associated with contributions which have been debited to fund a benefit may not be applied toward continuous creditable service.
“Valid qualified domestic relations order" or “valid QDRO" means a court order to divide a participant's Wisconsin retirement system account or annuity which is determined by the department to satisfy all the criteria of s. 40.02 (48m)
, Stats., and s. ETF 20.35
ETF 10.01 History
Cr. Register, February, 1983, No. 326
, eff. 3-1-83.; r. and recr. (intro.), am. (2) (intro.), cr. (3m), Register, June, 1983, No. 330
, eff. 7-1-83; cr. (3w), Register, December, 1983, No. 336
, eff. 1-1-84; cr. (3h) and (3s), Register, March, 1984, No. 339
, eff. 4-1-84; am. (1), Register, April, 1984, No. 340
, eff. 5-1-84; emerg. cr. (4m), eff. 1-1-85; cr. (4m), Register, March, 1985, No. 351
, eff. 4-1-85; cr. (2m), Register, October, 1985, No. 358
, eff. 11-1-85; cr. (1m), Register, May, 1986, No. 365
, eff. 6-1-86; am. (1m) (a), Register, August, 1986, No. 368
, eff. 9-1-86; r. (1) and (3), Register, September, 1986, No. 369
, eff. 10-1-86; r. and recr. (2), Register, January, 1987, No. 373
, eff. 2-1-87; cr. (3p), Register, March, 1987, No. 375
, eff. 4-1-87; cr. (3), Register, June, 1992, No. 438
, eff. 7-1-92; cr. (1g), Register, September, 1992, No. 441
, eff. 10-1-92; cr. (3d), Register, October, 1992, No. 442
, eff. 11-1-92; cr. (7), Register, June, 1995, No. 474
, eff. 7-1-95; cr. (3i), Register, December, 1996, No. 492
, eff. 1-1-97; cr. (3t), Register, July, 1997, No. 499
, eff. 8-1-97; cr. (8) and (9), (1h) renum. from ETF 11.02 (1), Register, July, 1999, No. 523
, eff. 8-1-99; corrections in (3s) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1999, No. 523
; CR 00-022
: cr. (1k), Register July 2001, No. 547
eff. 8-1-01; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register July 2005 No. 595
; corrections in (3d) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609
; CR 07-062
: am. (7) Register June 2008 No. 630
, eff. 7-1-08; CR 09-057
: cr. (3o) and (6m) Register May 2010 No. 653
, eff. 6-1-10; EmR0938
: emerg. cr. (1r), r. and recr. (2), am. (3m), r. (9), eff. 1-1-10; CR 10-004
: cr. (1L) and (1r), r. and recr. (2), am. (3m), r. (9) Register July 2010 No. 655
, eff. 8-1-10; CR 11-040
: am. (2) (b) 2., 3. Register July 2012 No. 679
, eff. 8-1-12; CR 13-004
: am. (3i) Register August 2013 No. 692
, eff. 9-1-13; CR 12-054
: am. (3i) Register October 2013 No. 694
, eff. 11-1-13; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694
; CR 14-055
: cr. (3e), am. (3i) Register May 2015 No. 713
, eff. 6-1-15; CR 16-034: am. (2) (a) (intro.), r. (2) (a) 1., 2. Register April 2017 No. 736, eff. 5-1-17; cons. (a) (intro.) and 3. and renum. to (a) under ss. 13.92 (4) (b) 1. and 35.17, Stats., Register April 2017 No. 736.
For annual earnings periods beginning on or after January 1, 1985, each participating employer shall determine and report service in hours for each participating employee in the manner prescribed in this section. Earnings which are paid to a teacher, as defined in s. 40.02 (55)
, Stats., an educational support personnel employee, as defined in s. 40.02 (22m)
, Stats., or a technical college educational support personnel employee, as defined in s. 40.02 (55g)
, Stats., who has contracted to receive such payments on either a 9 or 10 month contract basis, and which are paid after the beginning of a school year, as defined in s. ETF 10.01 (4m)
, for services rendered in the preceding school year, are deemed to be received by the employee on June 30 of the preceding school year for purposes of reporting service to the department.
The full-time equivalent of one day of service is 8 hours. If an employer has established workdays of other than 8 hours as full-time employment for some or all of its employees, the number of hours to be reported within a reporting period is determined by the participating employer by dividing the number of hours for which earnings are paid to the employee in the reporting period by the number of hours which would have been worked in that reporting period by a regular full-time employee of that employer in the same kind of employment and multiplying the result by 40 times the number of weeks and fractions of a week in the reporting period.
For purposes of s. 40.02 (17)
, Stats., the full-time equivalent of one year of creditable service for a teacher, as defined in s. 40.02 (55)
, Stats., who is not an executive participating employee, as defined in s. 40.02 (30)
, Stats., is 1,320 hours and for all other participating employees the full-time equivalent of one year of creditable service is 1,904 hours.
When a participating employee receives earnings from the same participating employer for employment in more than one of the categories under s. 40.23 (2) (b)
, Stats., then the following tests shall be applied by the participating employer when service and earnings are reported:
If employment in each of the categories meets the requirements of s. 40.22
, Stats., by itself then the earnings and service shall be reported separately for each category.
If employment in any one category meets the requirements of s. 40.22
, Stats., and all other employment does not, then earnings and service shall be added to and reported under the one category which meets the eligibility requirements of s. 40.22
If employment in more than one category meets the qualifying requirements of s. 40.22
, Stats., and all other employment does not, then earnings and service for employment in those categories which do not meet the qualifying requirements of s. 40.22
, Stats., shall be added to and reported under:
That qualifying category in which the greatest number of hours is worked, or
The lowest numbered subdivision under sub. (5) (b)
if the greatest number of hours worked is equal in 2 or more qualifying categories.
If employment in none of the categories meets the requirements of s. 40.22
, Stats., separately, but those requirements are met when the employment is added together then earnings and service shall be added to and reported under:
That category in which the greatest number of hours is worked, or
The lowest numbered subd. under sub. (5) (b)
if the greatest number of hours worked is equal in 2 or more categories.
Fractions of an hour shall be rounded to the nearest hour prior to crediting and if the fraction is one-half hour then the hours credited shall be rounded up to the next whole number.
If the total number of hours reported for an employee within an annual earnings period exceeds the applicable number specified in sub. (3)
service shall be allocated and credited in the following sequence:
Service as a protective occupation participant not subject to Titles II and XVIII of the federal social security act whose formula rate is determined under s. 40.23 (2m) (e) 4.
Service as a protective occupation participant subject to Titles II and XVIII of the federal social security act whose formula rate is determined under s. 40.23 (2m) (e) 3.
The earnings shall be reported and credited in full without regard to any allocation of creditable service under par. (b)
For local elected officials who are participating employees, but serving in positions not considered full-time by the local unit of government, the amount of service shall be determined and reported by the employer as follows:
For employment which is essentially ministerial in nature, the number of hours reported shall be the actual number of hours for which the employee is paid if a regular work schedule has been established. If there is no regular work schedule, the number of hours reported may not be greater than the quotient derived from dividing the compensation paid during the reporting period by 2 times the minimum hourly wage rate established by the federal fair labor standards act for non-agricultural employment.
For members of governing bodies or other policy-making groups, the number of hours reported shall be the number of hours in actual attendance at meetings of the governing body, the policy-making group or any sub-group thereof and a reasonable amount of time spent in preparation for such meetings, but in no event shall the number of hours determined to have been spent in preparation time exceed twice the number of hours actually spent at the meetings.
In applying the standards set forth in par. (a)
, it is the responsibility of the local unit of government to maintain the necessary documentation to justify the reasonableness of the basis used in reporting service for local elected officials.
The department may consider other factors in granting creditable service to local elected officials where circumstances warrant and when satisfactory supporting information is provided.
If a participating employee receives earnings for on-call, standby, extracurricular or other service which is incidental to the primary employment, earnings shall be reported and contributions paid on those earnings pursuant to s. 40.05
, Stats. The number of hours determined by the employer and reported pursuant to this subsection shall be the quotient derived from dividing the compensation paid for such service during the annual earnings period by the participating employee's current basic pay rate.
The employer shall maintain the necessary documentation to justify the basis upon which service is reported in applying the standards set forth in par. (a)
In no event shall the number of hours under par. (a)
, combined with the hours under the primary employment, exceed creditable service of one year during the entire calendar year.
ETF 10.03 Note
Note: This rule requires a form which is available at no charge to reporting officials required to use them. The form can be obtained by writing to: department of employee trust funds, P.O. Box 7931, Madison, WI 53707-7931, or by calling: (608) 266-3285 or toll free at (877) 533-5020.
ETF 10.03 History
Emerg. cr. eff. 1-1-85; cr. Register, March, 1985, No. 351
, eff. 4-1-85; cr. (7), Register, August, 1986, No. 368
, eff. 9-1-86; CR 14-055
: am. (1) Register May 2015 No. 713
, eff. 6-1-15.
ETF 10.05 Creditable service for Milwaukee teachers.
Creditable service for Milwaukee teachers shall be granted for teaching services performed for governmental agencies other than the city of Milwaukee pursuant to ss. 42.70 (2) (s)
, 42.78 (1) (a)
, 1979 Stats., only if the requirements in subs. (1)
The teacher was a member, as defined in s. 42.70 (2) (k)
, 1979 Stats., of the former Milwaukee teachers retirement fund on August 31, 1958, has not received a separation benefit since that date and the teaching service for which creditable service is requested was prior to September 1, 1958.
The participant has 10 or more years of teaching service in the city of Milwaukee and the outside teaching credit granted, when added to the participant's separate, combined and formula teaching service in the city of Milwaukee, does not exceed 35 years for benefit computation purposes. If at the time of a benefit computation the total service exceeds 35 years, any payment made previously for outside teaching service including interest which cannot be used shall be transferred to the additional contributions of that participant.
The participant applies in writing for the outside teaching credit giving pertinent details on when, where and for whom the outside teaching service was performed.
The outside teaching service is verified by the school district, successor school district or public retirement plan.