♢ the disability is likely to be permanent and the disability causes the employe to retire from his or her job,
♢ or the employe's pay or position is reduced or he or she is assigned to light duty,
♢ or the employe's promotional opportunities within the service are adversely affected if state or local rules, ordinances, policies or written agreement prohibits promotion because of the disability.
The rule will clarify when the duty disability benefit becomes payable to the disabled employe.
The Wisconsin Statutes, s. 40.02 (41m), defines the monthly salary to be used in determining the duty disability benefit. In addition to the gross amount of salary paid to the participant, overtime pay may be considered part of the employe's monthly salary if it is received on a regular and dependable basis. This rule will clarify the amount of earnings that may be included when determining the monthly salary as well as clarify what is considered “regular and dependable” overtime.
The duty disability program requires that the disabled participant's gross duty disability benefit is reduced by income from other sources. Under s. 40.65 (5) (b) 3, Stats., the benefit is reduced by any worker's compensation benefit payable to the participant, including payments made pursuant to a compromise settlement under s. 102.16 (1), Stats. The Wisconsin Supreme Court recently ruled that the Department was reducing the duty disability benefit incorrectly for the workers' compensation benefit. As a result of the Court's ruling, this administrative rule is being promulgated to provide clarification on what workers' compensation benefit can be used as an offset.
Policy alternatives to the proposed rule:
This rule is intended to codify and systematize the establishment of the benefit amounts as well as the application of the workers' compensation offset. The rule will introduce change in determining the benefit effective date consistent with the Wisconsin Supreme Court's ruling. If the rule were not promulgated, the result would be less certainty and efficiency in the administration of the duty disability program established under chapter 40, Stats.
Statutory authority for rule-making:
s. 40.03 (2) (i), Stats.
Staff time required:
The Department estimates that state employes will spend 60 hours to develop this rule.
Insurance, Commissioner of
Subject:
S. Ins 2.30 - Relating to a new mortality table for determining reserve liabilities for annuities.
Description of policy issues:
A statement of the objective of the proposed rule:
To amend current rule s. Ins 2.30, Wis. Adm. Code, to update mortality tables used to determine reserve liabilities for annuity contracts. The current rule is based on a National Association of Insurance Commissioners (NAIC) Model Rule and was promulgated in 1985. This proposed amendment will update the tables to conform to recent NAIC Model Act changes.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
To insure that reserve liabilities reflect current mortality experience and are consistent with other states' rules. This is not a change in policy.
Statutory authority:
Sections 601.41, 623.02 and 623.06 (2a), Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
40 hours
Insurance, Commissioner of
Subject:
SS. Ins 17.01 (3), 17.275, 17.28 (4) and (6), and 17.35 - Relating to annual patients compensation fund and mediation fund fees for the fiscal year beginning July 1, 1998, confidential claims records, limiting fund fee refunds to one year and application of aggregate limits upon termination of a claims-made policy.
Description of policy issues:
A statement of the objective of the proposed rule:
To establish the annual fees which participating health care providers must pay to the patients compensation fund as required by statute for the fiscal year beginning July 1, 1998, and to further define which fund claims records are to be kept confidential in accordance with open records law in s. Ins 17.275 and to limit fund fee refund requests to one year from the date of payment of same in s. Ins 17.28 (4) and to set standards for the application of the aggregate underlying liability limits upon the termination of a claims-made policy in s. Ins 17.35.
A description of existing policies relevant to the rule and of new policies proposed to be included in the rule and an analysis of policy alternatives:
Existing policies are as set forth in the statutes cited in the next section and in the rules themselves; while insurance industry input and consensus, where present, will be considered, no new or alternate policies are contemplated at this time.
Statutory authority:
Sections 601.41 (3), 655.004, 655.23 (4), 655.27 (3)
and 655.61, Stats.
An estimate of the amount of time that state employes will spend to develop the rule and a description of other resources necessary to develop the rule:
80-130 hours estimated state employe time to promulgate these rules; other resources will include the review and recommendation of the Board's actuarial committee, based on the analysis and recommendations of the fund's actuaries and the director of state courts.
Public Service Commission
Subject:
PSC Code - Relating to affiliated agreements, financial matters, consumer protection, discontinuance of services, abandonments, and miscellaneous wording revisions.
Description of policy issues:
A. Objective of rule:
The objectives of the rules are to meet the general intent of the legislature and to clarify the Commission's procedures in the following areas:
1. Affiliated agreements. To clarify Commission procedures in relation to the Commission's supervisory jurisdiction over the terms and conditions of affiliated contracts or arrangements per s. 196.52, Stats. These procedures include definitions, filing requirements, due dates for such filings, and certain affirmative statements by a responsible officer regarding the affiliated agreements.
2. Financial matters. To clarify Commission procedures in relation to the Commission's supervisory jurisdiction over the capital structure of any telecommunications utility subject to rate-of-return regulation per s. 184.15, Stats., which is expressed on a total company basis per s. 196.215 (1) (am), Stats. These procedures include filing requirements related to securities issuances and due dates for such filings. It also includes filing requirements related to consolidations, mergers and acquisitions, including due dates for such filings and certain affirmative statements by a responsible officer.
3. Consumer protection. To meet the general intent as expressed in s. 196.219 (3) (h), Stats., to prohibit the practice of discriminatory or preferential service to an affiliate or a telecommunications utility's own retail department.
4. Abandonment and discontinuance. To meet the general intent as expressed in ss. 196.20 and 196.81, Stats., regarding discontinuance of services or abandonment of lines or extensions. This includes requirements to provide notice to customers and to provide information to assist the Commission in its determination of whether the service to be abandoned is basic local service, basic message telecommunications, or any element of universal service. It also includes circumstances for which lines or extensions can be abandoned without a hearing.
5. Miscellaneous. To update language in the Wisconsin Administrative Code to be consistent with 1993 Wis. Act 496 (Act). Examples include references in s. PSC 165.10, Nonutility Merchandising Activities, and ch. PSC 12, Utility Advertising Practices.
Existing policies relevant to rule:
Since the passage of the Act, the Commission has initiated new policies and practices consistent with the Act. These new policies and practices will now be codified into rules.
New policies proposed:
In some areas, clarification of policies will occur which will extend to activities not yet experienced, but reasonably anticipated. For example, policies regarding transfer of telecommunications facilities to an affiliate may be addressed.
Analysis of alternatives:
Alternatives have been considered in the rule development that has taken place to date. An attempt has been made to consider whether a filing requirement is necessary or whether specific case information could be individually requested at a later date if necessary. Additional policy alternatives will be considered in the total package of rules proposed.
Statutory authority:
Sections 196.02 (1) and (3), 196.219 (3) (h), 196.60 (2) and 227.11 (2), Stats.
Time estimates for rule development:
Completing the rulemaking proceeding is estimated to take 200 staff hours. No additional staff or other agency resources are anticipated for this rulemaking. If you have specific questions or comments regarding this proposed rulemaking, please contact Anne Wiecki, Auditor, Telecommunications Division, at (608) 267-0913.
Revenue
Subject:
S. Tax 11.33 (4) (a) and (g) - Wisconsin sales and use tax treatment of (1) auction sales of personal farm property or household goods, and (2) purchases of property and services which when resold are exempt occasional sales.
Description of policy issues:
Objective of the proposed rule:
The objectives of the rule order are to clarify (1) that exempt occasional sales includes auction sales of personal farm property or household goods which are not held at regular intervals, and (2) that a nonprofit organization may purchase tangible personal property or taxable services exempt from tax, for resale, even if the organization's sales are exempt under s. 77.54 (7m), Stats.
Existing policies:
This rule order reflects the Department of Revenue's existing policy of providing accurate information to taxpayers, practitioners and Department employes regarding sales and use taxes as they relate to auctioneers and nonprofit organizations.
The proposed revision to s. Tax 11.33 (4) (a) would provide consistency with s. 77.51 (9) (e), Stats., which provides that “occasional sales” includes “An auction which is the sale of personal farm property or household goods and not held at regular intervals” and with s. Tax 11.50 (4) (a), which provides that auction sales of household goods or personal farm property which are not held at regular intervals are exempt.
The proposed revision to s. Tax 11.33 (4) (g) reflects current Department of Revenue policy.
Policy alternatives:
* Do nothing.
Tax 11.33 (4) (a) will be misleading because it does not include the condition that an auction sale must not be held at regular intervals to qualify for exemption as an occasional sale.
Tax 11.33 (4) (g) will be misleading because it implies that a nonprofit organization must pay sales and use tax on its purchases of tangible personal property or taxable services which are resold, if the organization cannot claim exemption under s. 77.54 (9a), Stats.
Statutory authority:
Section 227.11(2) (a), Stats.
Estimate of staff time required:
The Department estimates that it will take approximately 20 hours to develop this rule order. This includes drafting the rule order, review by appropriate parties, and preparing related documents. The Department will assign existing staff to develop this rule order.
Submittal of Rules to Legislative Council Clearinghouse
Notice of Submittal of Proposed Rules to
Wisconsin Legislative Council Rules Clearinghouse
Please check the Bulletin of Proceedings for further information on a particular rule.
