(a) The day after the annuity effective date.
(b) The thirty-first day after the date participating employment terminated.
(c) The thirty-first day after the date the benefit application was received by the department.
Note: See s. ETF 10.08 concerning the required termination of employment.
SECTION 3. ETF 20.02 (3) (a) 2. is repealed.
SECTION 4. ETF 20.02 (3) (a) 3. is amended to read:
ETF 20.02 (3) (a) 3. The rehired annuitant files with the department a written election to be included under the provisions of the Wisconsin retirement system as a participating employe. The election shall be on a form provided by the department and shall include employer certification of the date on which the earnings limit was exceeded.
Note: A “Rehired Annuitant Election,” form ET-2319, is available from the department of employe trust funds.
SECTION 5. ETF 20.02 (3) (b) is repealed.
SECTION 6. ETF 20.02 (4) and (5) are repealed.
Notice of Hearing
Commissioner of Insurance
Notice is hereby given that pursuant to authority granted under s. 601.41 (3), Stats., and the procedure set forth under s. 227.18, Stats., OCI will hold a public hearing to consider the adoption of the attached proposed rulemaking order affecting s. Ins 17.01 (3) (intro.), 17.28 (3) (c), 17.28 (6) and 17.28 (6e), Wis. Adm. Code, relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1997.
Hearing Information
May 30, 1997 Room 23, OCI
Friday 121 E. Wilson St.
10:00 a.m. MADISON, WI
Written Comments
Written comments on the proposed rule will be accepted into the record and will receive the same consideration as testimony presented at the hearing if they are received at OCI by 4:30 p.m. on the date of the hearing. Written comments should be addressed to:
Alice M. Shuman, OCI
P.O. Box 7873
Madison, WI 53707
Summary of Proposed Rule and Fiscal Estimate
For a summary of the rule, see the analysis given later in this notice. There will be no state or local government fiscal effect.
Initial Regulatory Flexibility Analysis
Notice is hereby further given that pursuant to s. 227.114, Stats., the proposed rule may have an impact on small businesses. The initial regulatory flexibility analysis is as follows:
a. Types of small businesses affected:
Corporations, partnerships and cooperative HMO's under this rule may be required to pay additional fees for fund coverage to cover their liability for certain of their employes, based on “past and prospective loss and expense experience” as directed by s. 655.27 (3) (a) 4., Stats.
b. Description of reporting and bookkeeping procedures required:
None beyond those currently required.
c. Description of professional skills required:
None beyond those currently required.
Contact Person
A copy of the full text of the proposed rule and fiscal estimate may be obtained from:
Meg Gunderson, Services Section
Telephone (608) 266-0110
Office of the Commissioner of Insurance
121 East Wilson St.
P.O. Box 7873
Madison, WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance
Statututory authority: ss. 601.41 (3), 655.004, 655.27 (3) (b) and 655.61
Statutes interpreted: ss. 655.27 (3) and 655.015
The Commissioner of Insurance, with the approval of the Board of Governors (Board) of the Patients Compensation Fund (Fund), is required to establish by administrative rule the annual fees which participating health care providers must pay to the Fund. This rule establishes those fees for the fiscal year beginning July 1, 1997. These fees represent an overall 5% increase over the fees paid for the current fiscal year. The Board approved this increase at its meeting on February 26, 1997, based on the recommendation of the Board's actuarial and underwriting committee.
The Board also approved additional fees in this rule for partnerships, corporations, and cooperative HMOs as required by 1995 Wis. Act 473 (now s. 655.27 (3) (a) 4, Stats.) based on risk factors and past and prospective loss experience attributable to employes of these providers other than physicians and nurse anesthetists.
The Board is also required to promulgate by rule the annual fees for the operation of the patients compensation mediation system, based on the recommendation of the director of state courts. This rule implements the director's funding level recommendation by establishing mediation panel fees for the next fiscal year at $32.00 for physicians and $2.00 per occupied bed for hospitals, representing a 16.7% decrease from current year fees.
This rule also makes technical edits in ss. Ins 17.28 (3) (c) and 17.28 (6e), adding certain physician specialties to those currently listed in s. Ins 17.28 (3) (c) and providing UW hospital and clinics residents' fees be calculated on a full-time-equivalent basis in the same manner as medical college of Wisconsin resident fees are calculated as provided in s. Ins 17.28 (6e).
Notice of Proposed Rules
Revenue
Notice is hereby given that pursuant to s. 227.11(2)(a), and interpreting 73.09(4)(b) Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rules as proposed in this notice without public hearing unless, within 30 days after publication of this notice on May 15, 1997, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Person
Please contact Wallace T. Tews at (608) 266-9759, if you have any questions regarding this proposed rule order.
Analysis by the Department of Revenue
Statutory authority: s. 227.11(2)(a)
Statutes interpreted: s. 73.09(4)(b)
SECTION 1. Tax 12.065(2)(c) and 12.065.(5)(a)2 are amended to reflect an effort by the Department of Revenue to better service their customers by allowing customers more time to meet continuing education requirements within their five-year assessor certification period by first removing the requirement that recertification be applied for two months prior to the expiration of certification and second, by removing the thirty day requirement for notifying the Department upon completion of a credit program.
Section 73.09(4) states that the application is contingent upon submission of the application at least 60 days prior to certification expiration. Webster's New World dictionary defines contingent as “possible” or “not always or necessarily true”. The department does not view the requirement as a strict deadline (as is connoted by the administrative rule language, shall). It is a physical impossibility, for example, for an individual whose certification expires on December 1 and who is legally required to attend the annual Assessor Conference held in November, to comply with such a rigid requirement. When read in its entirety, the law contemplates that an individual has a full 5 years to complete the educational requirements (not 5 years minus two months).
Note: The revisions stated above will facilitate the continuing education approval process for individuals by removing unnecessary arbitrary filing deadlines, and will reduce paperwork and processing time for the Department of Revenue.
Text of Rule
SECTION 1. Tax 12.065(2)(c) and (5)(a)2 are amended to read:
Tax 12.065(2)(c) The program shall be attended and completed not later than 2 months prior to the expiration of the applicant's current certification period.
Tax 12.065(5)(a)2. Individuals attending the course shall provide evidence of satisfactory completion to the department within 30 days of conclusion of this course. prior to the expiration of the applicant's current certification period.
Initial Regulatory Flexibility Analysis
This rule order does not have a significant economic impact on a substantial number of small businesses.
Fiscal Estimate
Under the current rule, assessors and property appraisers must apply to the Department of Revenue for recertification at least two months before their 5-year certification period expires. In addition, assessors and property appraisers must notify the Department within 30 days of completing a continuing education course for credit toward recertification.
Under the proposed rule, assessors and property appraisers must apply for recertification and notify the Department regarding completion of continuing education courses prior to the expiration of their current certification.
The proposed rule does not have a fiscal effect, since it only changes the points in time at which the Department processes recertification applications and continuing education course credits.
Notice of Proposed Rules
Revenue
Notice is hereby given that pursuant to s. 227.11(2)(a), and interpreting 236.12(7) Stats., and according to the procedure set forth in s. 227.16(2)(e), Stats., the Department of Revenue will adopt the following rule as proposed in this notice without public hearing unless, within 30 days after publication of this notice on May 15, 1997, it is petitioned for a public hearing by 25 natural persons who will be affected by the rule, a municipality which will be affected by the rule, or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
Contact Person
Please contact Wallace T. Tews at (608) 266-9759, if you have any questions regarding this proposed rule order.
The Wisconsin Department of Revenue proposes to repeal ch. ATCP 53 and to create ch. Tax 53 to replace ch. ATCP 53. Chapter Tax 53 will change the agency acronym to reflect the program transfer from the Department of Ag, Trade & Consumer Protection to the Department of Revenue and to increase plat review fees to cover all of the current costs of activities and services provided by the Department under s. 236.12, Stats., and s. 70.27, Stats.
(The Department of Revenue, in accordance with the 1996 Memorandum of Understanding between the Department of Revenue and the Department of Commerce, is in the process of promulgating a rule relating to Ch. ATCP 53.)
Analysis by the Department of Revenue
Statutory authority: s. 227.11(2)(a)
Statutes interpreted: s. 236.12(7)
SECTION 1. ATCP 53 is repealed. The unit which developed this rule was transferred from DATCP to the Department of Commerce in the 1995-97 budget. Through a Memorandum of Understanding, the work unit in question was transferred to the Department of Revenue who retains authority to administer rules and the rules process. Having been given this authority, the Department of Revenue hereby repeals ATCP 53.
SECTION 2. The Department of Revenue creates Ch. Tax 53 to replace the repealed ATCP 53. Under the proposed rule, certain fees charged for plat review would be increased, beginning on the first day of the month following publication, which include:
