Department of Employee Trust Funds
Employee Trust Fund Board
Wisconsin Retirement Board
Teachers Retirement Board
[SEE PDF]
FINAL DRAFT REPORT ON CLEARINGHOUSE RULE #16-033
An order to repeal ETF 10.63 (1) (e) 2. and 10.80; to renumber and amend ETF 10.70 (4); to consolidate, renumber, and amend ETF 10.63 (1) (e) (intro.) and 1.; to amend ETF 10.63 (1) (a) to (d), (f), (2); and to create ETF 10.63 (1) (intro.) and 10.70 (4) (c), relating to technical and minor substantive changes in existing ETF administrative rules.
Agency Person to be Contacted for Questions 2
Statement Explaining Need for Rule 2
Analysis Prepared by Department of Employee Trust Funds 2
Statutes interpreted 2
Statutory authority 2
Explanation of agency authority 2
Related statutes or rules 3
Plain language analysis 3
Summary of, and comparison with, existing or proposed federal regulations 3
Comparison with rules in adjacent states 3
Summary of factual data and analytical methodologies 3
Analysis and documentation concerning effect on small businesses 3
Statement of effect on small business 3
Regulatory Flexibility Analysis 4
Fiscal Estimate and Economic Impact Analysis 4
Text of Rule 4-6
Department of Administration s. 227.137 Report None Energy Impact Report None
Legislative Council Staff Clearinghouse Report 7-9
Response to Legislative Council Staff Recommendations 10
List of Persons Who Appeared or Registered at the Public Hearing 10
Summary of Public Comments 10
Modifications to the Rule as Originally Proposed as a Result of Public Comments 10
Modifications to the Analysis Accompanying the Proposed Rule 10
Modifications to the Fiscal Estimate 10
Board Authorization for Promulgation 10
Effective Date 10
The scope statement for this rule, SS 008-16, was approved by the Governor on January 27, 2016, published in Register No. 722A1, on February 1, 2016, and approved by ETF Secretary Robert Conlin on February 11, 2016. Agency Person to be Contacted for Questions
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison WI 53707. Telephone: (608) 264-6936. E-mail address: david.nispel@etf.wi.gov. Statement Explaining Need for Rule
This rule-making is needed to make technical updates to existing ETF rules, delete obsolete language in ETF rules, and to make other minor substantive changes.
Analysis Prepared by the Department of Employee Trust Funds
1. Statutes interpreted:
2. Statutory authority:
3. Explanation of agency authority:
By statute, the ETF Secretary is expressly authorized, with appropriate board approval, to promulgate rules required for the efficient administration of any benefit plan established in ch. 40 of the Wisconsin statutes. In addition, each state 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.
4. Related statutes or rules:
There are no other related statutes or administrative rules directly related to this technical rule.
5. Plain language analysis:
The objective of this technical rule is to make technical updates to existing ETF rules and make other minor substantive changes. Three specific changes are made in this rule:
• Removing references to specific dates in a month that reports and remittances are required to be submitted to the department by Wisconsin Retirement System employers and makes these reports and remittances due on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication.
• Adding a “named survivor” to the types of people to whom the department may release individual personal information when a WRS member dies or suffers a disabling injury or disease and reorganizing the affected subsection for clarity.
• Deletes obsolete language related to invalidating certain documents signed by a guardian but not accompanied by a certified copy of an order of a circuit court approving the specific terms of the document.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations:
