Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
Minimal or no economic impact.
Contact Person
Susan Mathison, Division of Early Care and Education
(608) 266-8832
Employee Trust Funds
This statement of scope was approved by the governor on July 30, 2012.
Rule No.
Relating to
Technical changes to ETF rules.
Rule Type
Permanent.
Detailed Description of the Objective of the Proposed Rule
The objective of this technical rule is to make to technical updates to existing ETF rules, create consistency with statutes recently amended by the legislature, and make other minor substantive changes. This rule:
A. Removes the language in an existing rule relating to the benefit adjustment contribution.
B. Changes an existing rule to allow employers more flexibility in the deadlines for submitting monthly reports to ETF.
C.
Changes an existing rule in order to comply with
2011 Wisconsin Act 32 eligibility requirements for employees initially working for a Wisconsin Retirement System employer on or after July 1, 2011.
D. Allows benefits paid via electronic deposit to go to any financial institution account designated by the member, beneficiary or distributee of an estate and approved by ETF.
E.
Changes the existing rule regarding local public employers health insurance to comply with
2011 Wisconsin Act 133.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
A.
ETF s.
10.01 (3i) is amended to remove the language referencing the benefit adjustment contribution, since that type of contribution to the Wisconsin Retirement System was eliminated by
2011 Wisconsin Act 10. No new policies are being proposed and no policy alternative is presented.
B.
ETF s.
10.63 establishes various deadlines by which reports are due to be filed with the department. The proposed rule allows employers more flexibility in the deadlines for submitting monthly reports to ETF and will allow the ETF Secretary to respond rapidly to future changes and needs. The need for flexibility arose because of changes made by
2011 Wisconsin Act 10 that required employers to pay insurance premiums for state and local employees until the end of the month of an employee's termination. A policy alternative is to set new specific due dates into the Administrative Code.
C.
ETF ss. 20.015 (1) and (2), regarding participating employees, are repealed and replaced with language to comply with
2011 Wisconsin Act 32 eligibility requirements, including two paragraphs concerning educational support personnel employees. No new policies are being proposed and no policy alternative is presented.
D.
A rule is created to allow a member, beneficiary, or distributee of an estate who has benefits paid via electronic deposit into a financial institution account owned by him/her to designate a representative payee, nursing home, religious order or other entity that is approved by ETF. This rule change would make it easier for a member, beneficiary, or distribute of an estate to meet their financial obligations.
E.
ETF s.
40.10 is amended to comply with
2011 Wisconsin Act 133 and permit governmental employers who are not participating employers in the Wisconsin Retirement System to be covered in the local government health insurance plan offered by the Group Insurance Board.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
Wis. Stat. s.
40.03 (2) (i) The secretary
…Shall promulgate, with the approval of the board, all rules, except rules promulgated under par.
(ig) or
(ir), that are required for the efficient administration of the fund or of any of the benefit plans established by this chapter. In addition to being approved by the board, rules promulgated under this paragraph relating to teachers must be approved by the teachers retirement board and rules promulgated under this paragraph relating to participants other than teachers must be approved by the Wisconsin retirement board, except rules promulgated under s.
40.30.
Wis. Stat. s.
40.03 (2) (ig) The secretary
…Shall promulgate, with the approval of the group insurance board, all rules required for the administration of the group health, long-term care, income continuation or life insurance plans established under subchs.
IV to VI.
Wis. Stat. s.
227.11 (2) Rule-making authority is expressly conferred as follows:
(a) Each agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency, if the agency considers it necessary to effectuate the purpose of the statute, but a rule is not valid if the rule exceeds the bounds of correct interpretation. All of the following apply to the promulgation of a rule interpreting the provisions of a statute enforced or administered by an agency:
1. A statutory or nonstatutory provision containing a statement or declaration of legislative intent, purpose, findings, or policy does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
2. A statutory provision describing the agency's general powers or duties does not confer rule-making authority on the agency or augment the agency's rule-making authority beyond the rule-making authority that is explicitly conferred on the agency by the legislature.
3. A statutory provision containing a specific standard, requirement, or threshold does not confer on the agency the authority to promulgate, enforce, or administer a rule that contains a standard, requirement, or threshold that is more restrictive than the standard, requirement, or threshold contained in the statutory provision.
(b) Each agency may prescribe forms and procedures in connection with any statute enforced or administered by it, if the agency considers it necessary to effectuate the purpose of the statute, but this paragraph does not authorize the imposition of a substantive requirement in connection with a form or procedure.
(c) Each agency authorized to exercise discretion in deciding individual cases may formalize the general policies evolving from its decisions by promulgating the policies as rules which the agency shall follow until they are amended or repealed. A rule promulgated in accordance with this paragraph is valid only to the extent that the agency has discretion to base an individual decision on the policy expressed in the rule.
(d) An agency may promulgate rules implementing or interpreting a statute that it will enforce or administer after publication of the statute but prior to the statute's effective date. A rule promulgated under this paragraph may not take effect prior to the effective date of the statute that it implements or interprets.
(e) An agency may not inform a member of the public in writing that a rule is or will be in effect unless the rule has been filed under s.
227.20 or unless the member of the public requests that information.
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
State employees will spend an estimated 40 hours to develop these rules.
List with Description of All Entities that may be Affected by the Proposed Rule
The new rules will affect state and local public employers, members, subscribers, their beneficiaries and dependents who interact with ETF regarding the benefit programs administered by ETF.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
No existing or proposed federal regulation addresses the contemplated rule changes.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Economic Impact on Small Businesses)
ETF anticipates that the proposed rule will have minimal or no economic impact locally or statewide and will not impact small businesses.
Contact Person
ETF General Counsel, David Nispel. Phone: (608) 264-6936.
Financial Institutions — Credit Unions
This statement of scope was approved by the governor on July 6, 2012.
Rule No.
Relating to
Credit union exams.
Rule Type
Remove obsolete rule.
Detailed Description of the Objective of the Proposed Rule
Repeal DFI-CU-67: Certified Public Accountant Audits of Credit Unions in Lieu of Examinations by the State of Wisconsin.
The statutory citation that allowed for a certified public account audit to be used in lieu of an examination by the State of Wisconsin was removed. As a result this is an obsolete rule that needs to be removed.
Description of the Existing Policies Relevant to the Rule, New Policies Proposed to be Included in the Rule, and an Analysis of Policy Alternatives
Existing Rule: DFI-CU-67 - The director may accept an audit report of a certified public accountant who is not an employee of the credit union in lieu of all or a portion of the routine examination which is made by or caused to be made by the director as required.
Proposed Rule: Remove DFI-CU-67, it is in conflict with the statutes. The previous s.
186.235 (16) (b) was removed and this rule is now obsolete.
Detailed Explanation of Statutory Authority for the Rule (Including the Statutory Citation and Language)
The statutory authority for the rule is as follows:
Section
186.235 (8), Stats., which states that “[t]he office of credit unions shall, with the approval of the credit union review board, promulgate rules relating to the business of credit unions."
Estimate of Amount of Time that State Employees will Spend Developing the Rule and of Other Resources Necessary to Develop the Rule
10 hrs.
List with Description of All Entities that may be Affected by the Proposed Rule
Wisconsin credit unions.
Summary and Preliminary Comparison with any Existing or Proposed Federal Regulation that is Intended to Address the Activities to be Regulated by the Proposed Rule
Section
186.15, Wis. Statutes, requires credit unions to have annual audits to attest to the accuracy of their financial statements. The office of credit unions' exams are required by 186.235 to evaluate the safety and soundness of the credit unions. Financial statement audits and regulatory exams are for two different purposes. Wisconsin state chartered credit unions are required to have federal insurance which is provided by the National Credit Union Administration (NCUA). NCUA performs insurance reviews of state chartered credit unions and they would not accept a CPA audit in lieu of a NCUA insurance review or a office of credit unions exam.
Anticipated Economic Impact of Implementing the Rule (Note: if the Rule is Likely to have a Significant Impact on Small Businesses)
None.
Contact Person
Natural Resources
Fish, Game, etc., Chs.
NR 1—
This statement of scope was approved by the governor on July 25, 2012.
Rule No.
Relating to
Regulation of firewood entering state lands.
Rule Type
Finding/Nature of Emergency (Emergency Rule Only)
This is not an emergency rule.
