Register

Office of Crime Victim Services

Victim Resource Center

P. O. Box 7951

Madison, WI 53707-7951

Telephone [phone]

Written Comments in Lieu of Testimony

Written statements in lieu of testimony at the public hearing should be sent to Ms. Timberlake at the address below no later than Friday, March 3, 2000. The Board will also accept written statements in lieu of testimony on the day of the hearing.

Initial Regulatory Flexibility Analysis

The proposed rule does not affect small business.

Contact Information

Karen E. Timberlake, Assistant Atty. General

Wis. Dept. of Justice

P.O. Box 7857

Madison, WI 53707-7857

Telephone [phone]

Fiscal Estimate

Assumptions Used in Arriving at Fiscal Estimate:

The Crime Victims Rights Board is a five-member board charged to hear and decide complaints concerning possible violations of rights of crime victims. The Board is attached to the Department of Justice (DOJ) for administrative purposes. The Board will require 20 hours per week of staff assistance, as well as approximately 5 hours per week of legal counsel assistance, excluding special counsel for forfeiture actions. In addition to salary and fringe benefit costs, a majority of the Board's expenses will be related to travel and lodging for Board meetings. The estimate assumes an average of 500 miles of round trip travel, reimbursed at $.29 per mile, for each Board member and staff for each of 6 meetings, in addition to meals and lodging.

Remedies available to the Board if it finds a violation include initiating legal action against the respondent to seek a forfeiture. Forfeiture actions have fiscal implications for the Board and the respondent, as both entities will need legal counsel. The estimate assumes that forfeiture actions will cost DOJ $9000 in special counsel fees, and will cost the respondent, whether a state entity or municipality, another $9000 in fees for special defense counsel.

It is impossible to predict with certainty at this time how many complaints the Board will receive each year and how many hearings the Board will hold. The estimate assumes that the Board will meet 6 times per year, that 8 complaints will lead to hearings, and that 2 cases will lead to forfeiture actions requiring special counsel for the Board and for the respondent in the forfeiture action.

Notice of Hearing

Employe Trust Funds

[CR 00-22]

The Wisconsin Department of Employe Trust Funds will hold a public hearing to review the proposed rule, which creates ss.ETF 10.01 (1k) and 20.19, Wis. Adm. Code, relating to the Department's interpretation of what Wisconsin Retirement System creditable service is considered to be performed before January 1, 2000 vs. considered to be performed on or after that date under 1999 Wis. Act 11. The public hearing will be held on Tuesday, February 29, 2000 at 1:00 p.m. at the Department of Employe Trust Funds, Room 2B, 801 West Badger Road, Madison, Wisconsin.

The public record on the proposed rule will be held open until 4:30 p.m. on Wednesday, March 1, 2000 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Linda Owen, Department of Employe Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.

Analysis Prepared by the Wisconsin Department of Employe Trust Funds

Authority for Rule: s. 40.03 (2) (i)

Section 19 of 1999 Wis. Act 11 provides higher percentage rates to be used to calculate the Wisconsin Retirement System benefits paid from the accounts of participants who are participating employes on the effective date of this provision, but only for creditable service that is considered to be performed before January 1, 2000. 1999 Wis. Act 11 provides some clarification of what creditable service shall be considered to be performed before January 1, 2000, but further clarification is required to administer this legislation.

1999 Wis. Act 11 provides that service forfeited through a separation benefit prior to January 1, 2000 shall be considered to be performed before that date; the rule would further clarify that service forfeited on or after January 1, 2000 and later purchased is considered to be performed on or after that January 1, 2000. The rule also clarifies that all other purchased service that was actually performed before January 1, 2000 shall be considered to be performed before that date.

1999 Wis. Act 11 provides that the years of creditable military service for which a participant is eligible based on the creditable service performed before January 1, 2000 shall be considered to be performed before that date. The proposed rule would further clarify that the years of military service that are considered to be performed before January 1, 2000 are the years for which the participant would be eligible if the participant would not accrue any additional service after January 1, 2000, except that if after January 1, 2000 the participant purchases creditable service that is considered to be performed before January 1, 2000, those years of “pre-2000" service are treated as “pre-2000" years of service and may increase the years of creditable military service that are considered to be performed before January 1, 2000. The proposed rule would also clarify that assumed creditable service used to calculate a Wisconsin Retirement System disability benefit that is calculated through December 31, 1999 is considered to be performed before January 1, 2000.

The rule would also clarify that the percentage of the participant's account awarded to an alternate payee in a qualified domestic relations order shall apply equally to the participant's years of creditable service that is considered to be performed before January 1, 2000 and the years of service considered to be performed on or after January 1, 2000 that date that is credited or creditable to the participant's account as of the decree date. The creditable military service credited to the alternate payee's account is that is considered to be performed either before January 1, 2000 or performed on or after that date is based on the creditable military service for which the participant would be eligible based solely on the participant's years of service that are credited or creditable to the participant's account as of the decree date.

Finally, the rule specifies the treatment of creditable service for the purpose of determining the applicable percentage rate used to calculate Wisconsin Retirement System benefits after a participant's account is reestablished after a disability or retirement annuity is terminated.

Fiscal Estimate

The rule has no fiscal impact on county, city, village, town, school district, technical college district and sewerage district fiscal liabilities and revenues. This rule itself has no anticipated state fiscal effect during the current biennium and no future effect on state funds, which do not include the Public Employe Trust Funds. The costs of implementing an April 1, 2000 distribution to annuitants of funds transferred into the annuity reserve by the special TAA transfer mandated in this legislation was incorporated into the fiscal effect prepared for 1999 Assembly Bill 495. However, if the payment of the special dividend resulting from the extraordinary transfer from the TAA was to be delayed after April 1, 2000 – for example because of an injunction or court action, then previously unanticipated costs in distributing these funds will arise. If the distribution survives review by the courts, then additional payments would be owed to annuitants, some of whom may have died in the interim. DETF anticipates at least some administrative costs in locating, notifying and processing claims by estates or heirs of deceased annuitants, similar to the costs incurred in making the distribution required by the Supreme Court in WRTA v. Employe Trust Funds Board, 207 Wis. 2d 1, 558 N.W.2d 83 (1997). The exact amount of these costs will depend, in large part, on how long the litigation over this legislation remains before the courts and the mortality experience among the affected annuitants during the period.

Initial Regulatory Flexibility Analysis

The Department anticipates that the provisions of this proposed rule will have no direct adverse effect on small businesses.

Copies of Rule and Contact Persons

Copies of this rule are available without cost by making a request to the Department of Employe Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone [phone]. For questions about this rule making, please call Linda Owen, Policy Analyst for the Division of Retirement Services, at [phone].

Notice of Hearing

Employe Trust Funds

[CR 00-21]

The Wisconsin Department of Employe Trust Funds will hold a public hearing to review the proposed rule, which renumbers s. ETF 10.35 and repeals and recreates s. ETF 10.31, Wis. Adm. Code, relating participation in the variable trust fund in accordance with the provisions of s. 227.16 (1), Stats. The public hearing will be held on Tuesday, February 29, 2000 at 9:00 a.m. at the Department of Employe Trust Funds, Room 2B, 801 West Badger Road, Madison, Wisconsin.

The public record on the emergency rule will be held open until 4:30 p.m. on Wednesday, March 1, 2000 to permit the submission of written comments from persons unable to attend the public hearing in person, or who wish to supplement testimony offered at the hearing. Any such written comments should be addressed to Shelly Schueller, Department of Employe Trust Funds, 801 West Badger Road, P.O. Box 7931, Madison, Wisconsin 53707-7931.

Analysis Prepared by the Wisconsin Department of Employe Trust Funds

Authority for Rule: s. 40.03 (2) (i)

Section 40.04 (7) (a), Stats., closed the Variable Trust Fund to new enrollments effective April 29, 1980. Participants who elected to join the Variable Trust prior to that date remain in the program unless they elect to cancel their participation. Once a participant has cancelled participation in the Variable Trust Fund, until 1999 WA 11 is enacted there is no opportunity to re-elect variable participation.

Section 14 of 1999 Wis. Act 11 amended s. 40.04 (7) (a), Stats., to permit all participating employes on or after 1/1/2001 to elect to have 50% of their future and additional contributions deposited in the Variable Trust Fund. 1999 WA 11 also permits former Variable Trust Fund participants who have cancelled their original variable participation to re-enroll. The new election would apply only to future employe, employer and additional contributions; participants would not be eligible to transfer contributions balances into the Variable Trust Fund.

Conditional upon 1999 WA 11 withstanding review by the courts, s. ETF 10.31 must be revised to clarify when and how a participant may elect to participate in the Variable Trust and to cancel variable participation, the effective date of such an election, and the irrevocability of an election once received by the Department. Under the proposed rule revision, an election to participate in the Variable Trust Fund would be effective on January 1 of the year after the year in which the Department receives such an election, and would first apply to contributions for the year in which the election is effective. Any participating employe who participates in the Variable Trust Fund (including participants who are already Variable Trust Fund participants based on an election prior to April 29, 1980) would have one opportunity to cancel their Variable Trust Fund participation, and once they elect to cancel their participation, there would be no opportunity to re-enroll unless the participant closes his or her WRS account by withdrawing his or her account balance and is no longer a participant, then returns to work for a WRS participating employer and again becomes a participating employe.

Initial Fiscal Estimate

The rule has no fiscal impact on county, city, village, town, school district, technical college district and sewerage district fiscal liabilities and revenues. This rule itself has no anticipated state fiscal effect during the current biennium and no future effect on state funds, which do not include the Public Employe Trust Funds.

Initial Regulatory Flexibility Analysis

The Department anticipates that the provisions of this rule will have no direct adverse effect on small businesses.

Copies of Rule and Contact Persons

Copies of this rule are available without cost by making a request to the Department of Employe Trust Funds, Office of the Secretary, P.O. Box 7931, Madison, Wisconsin 53707, telephone [phone]. For questions about this rule making, please call Shelly Schueller, Policy Analyst for the Division of Retirement Services, at [phone].

Notice of Hearings

Public Instruction

[CR 99-169]

Notice is hereby given that pursuant to ss. 115.366 (2) and 227.11 (2) (a), Stats., and interpreting s. 115.366, Stats., the department of public instruction will hold public hearings as follows to consider emergency and proposed permanent rules, relating to alternative education grants. Emergency rules were promulgated by the department effective January 28, 2000. The hearings will be held as follows:

Hearing Information

March 9, 2000   Fennimore

Thursday   CESA 3

5:30 - 7:00 p.m.   1300 Industrial Drive

  Conference Room

March 14, 2000   Gillett

Tuesday   CESA 8

5:30 – 7:00 p.m.   223 West Park Street

  Birch Room

March 15, 2000   Chippewa Falls

Wednesday   CESA 10

5:30 – 7:00 p.m.   725 West Park Avenue

  Room 1

The hearing sites are fully accessible to people with disabilities. If you require reasonable accommodation to access any meeting, please call Larry Allen, Director, Education Options, at [phone], or leave a message with the Teletypewriter (TTY) at [phone] at least 10 days prior to the hearing date. Reasonable accommodation includes materials prepared in an alternative format, as provided under the Americans with Disabilities Act.

Copies of Rule and Contact Person

A copy of the proposed rule and the fiscal estimate may be obtained by sending an email request to [e-mail] or by writing to:

Lori Slauson

Administrative Rules &
Federal Grants Coordinator