Rule-Making Notices
Notice of Hearings
Employee Trust Funds
The Wisconsin Department of Employee Trust Funds proposes an order to amend sections
ETF 10.01 (3i),
10.63 (1) (a),
(b),
(c),
(d),
(e), and
(f),
(2), and
(3), and
40.10 (1) (2) and
(3) (e), to repeal and recreate sections
ETF 20.015 (1) and
(2), and to create section
ETF 10.86, relating to technical and minor substantive changes in existing ETF administrative rules.
Hearing Information
Date: Thursday, January 31, 2013
Time: 1:00 p.m.
Location: Offices of the Department of Employee Trust Funds
Conference Room GA
801 West Badger Road
Madison, WI 53713
Persons wishing to attend should come to the reception desk up the stairs (or by elevator) from the main entrance to the building. The public hearing sites are accessible to people with disabilities. If you have special needs or circumstances that may make communication or accessibility difficult at the hearing, please contact David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. The e-mail address:
david.nispel@etf.wi.gov. The telephone number is: (608) 264-6936.
Place Where Comments Are to be Submitted and Deadline For Submissions
Written comments on the proposed rule may be submitted to: David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on January 31, 2013.
Free Copies of Proposed Rule
Copies of the proposed rule are available without cost by contacting the General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. You can also obtain a copy by calling (608) 264-6936 or by emailing
david.nispel@etf.wi.gov.
Analysis Prepared by the Department of Employee Trust Funds
Statutes interpreted
Sections
40.01 (1),
40.01 (2),
40.02 (55),
40.05 (1),
40.05 (2),
40.06 (1),
40.06 (2),
40.06 (3),
40.22 (1),
40.22 (2),
40.22 (2m),
40.22 (2r),
40.22 (3),
40.51 (7), Stats.
Statutory authority
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.
Section
40.51 (7) (a), Stats., allows the department to establish by rule different eligibility standards or contribution requirements for any employer, other than the state, including an employer that is not a participating employer, that elects to offer to all of its employees a health care coverage plan through a program offered by the group insurance board.
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.
Related statutes or rules
There are no other related statutes or administrative rules directly related to this technical rule.
Plain language analysis
The purpose of this rule is to revise existing administrative rules of the Department of Employee Trust Funds to make them conform with
2011 Wisconsin Acts 10,
32 and
133, to reflect current practices of the department, to provide flexibility regarding due dates for filing reports with the department, and to make other technical changes.
Summary of, and comparison with, existing or proposed federal statutes and regulations
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s.
40.015, Stats.
Comparison to rules in adjacent states
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
Summary of factual data and analytical methodologies
The department is proposing this rule to update existing rules and interpretations of existing statutes.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis
This rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System. Please see attached economic impact analysis.
Effect on Small Business
The rule has no effect on small businesses.
Regulatory Flexibility Analysis
The proposed rule has no significant effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch.
40 of the statutes administered by the Department of Employee Trust Funds.
Fiscal Estimate
Please see the attached fiscal estimate.
Agency Contact Person (including e-mail and telephone)
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. The e-mail address:
david.nispel@etf.wi.gov. The telephone number is: (608) 264-6936.
STATE OF WISCONSIN
DEPARTMENT OF ADMINISTRATION
DOA-2049 (R03/2012)
|
Division of Executive Budget and Finance
101 East Wilson Street, 10th Floor
P.O. Box 7864
Madison, WI 53707-7864
FAX: (608) 267-0372
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ADMINISTRATIVE RULES
Fiscal Estimate & Economic Impact Analysis
|
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1. Type of Estimate and Analysis
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X Original
⍽ Updated ⍽ Corrected
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2. Administrative Rule Chapter, Title and Number
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Chapters ETF 10, 20, and 40.
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3. Subject
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Technical and minor substantive changes in existing ETF administrative rules.
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4. Fund Sources Affected
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5. Chapter 20, Stats. Appropriations Affected
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⍽ GPR
⍽ FED ⍽ PRO ⍽ PRS
⍽ SEG ⍽ SEG-S
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|
6. Fiscal Effect of Implementing the Rule
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X No Fiscal Effect
⍽ Indeterminate
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⍽ Increase Existing Revenues
⍽ Decrease Existing Revenues
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⍽ Increase Costs
⍽ Could Absorb Within Agency's Budget
⍽ Decrease Cost
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7. The Rule Will Impact the Following (Check All That Apply)
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⍽ State's Economy
⍽ Local Government Units
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⍽ Specific Businesses/Sectors
⍽ Public Utility Rate Payers
⍽ Small Businesses (if checked, complete Attachment A)
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8. Would Implementation and Compliance Costs Be Greater Than $20 million?
⍽ Yes X No
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9. Policy Problem Addressed by the Rule
|
|
The objective of this technical rule is to make technical updates to existing ETF rules, create consistency with statutes recently amended by the legislature, and make other minor substantiave changes.
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10. Summary of the businesses, business sectors, associations representing business, local governmental units, and individuals that may be affected by the proposed rule that were contacted for comments.
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Information, including the proposed rule language, will be made available by posting on the ETF website and the Wisconsin administrative rules website and by submitting the information to the Governor's Office of Regulatory Compliance.
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11. Identify the local governmental units that participated in the development of this EIA.
|
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None.
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12. Summary of Rule's Economic and Fiscal Impact on Specific Businesses, Business Sectors, Public Utility Rate Payers, Local Governmental Units and the State's Economy as a Whole (Include Implementation and Compliance Costs Expected to be Incurred)
|
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No substantive impact is anticipated.
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13. Benefits of Implementing the Rule and Alternative(s) to Implementing the Rule
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ETF 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.
ETF 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.
ETF 10.86 is created to alow 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.
ETF 20.515 (1) and (2) are repealed and replaced with language to comply with 2011 Wisconsin Act 32 eligibility requirements, including two paragraphs concerning educational support personnel employees.
ETF 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 governmental health insurance plan offered by the Group Insurance Board.
The alternative would be to fail to comply with recent legislative changes, to have little flexibility in establishing deadlines for filing reports with ETF, and to not offer options for a member, beneficiary, or distributee of an estate to meet their financial obligations.
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14. Long Range Implications of Implementing the Rule
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Implementation will bring the affected ETF rules into compliance with recent legislative changes and create flexibility for employers, members, beneficiaries and distributees of estates.
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15. Compare With Approaches Being Used by Federal Government
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Not applicable.
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16. Compare With Approaches Being Used by Neighboring States (Illinois, Iowa, Michigan and Minnesota)
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Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
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17. Contact Name
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18. Contact Phone Number
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David H. Nispel, General Counsel
|
608-264-6936
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This document can be made available in alternate formats to individuals with disabilities upon request.
Notice of Hearing
Safety and Professional Services —
Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors
NOTICE IS HEREBY GIVEN that pursuant to sections
227.11 (2) (a) and
443.015 (2), Stats. and interpreting sections
443.04,
443.09, and
443.10, Stats. the Examining Board of Architects, Landscape Architects, Professional Engineers, Designers and Land Surveyors will hold a public hearing at the time and place indicated below to consider an order to repeal sections
A-E 4.06 and
4.08 (7); to renumber sections
A-E 4.07,
4.08 (8),
4.08,
4.09, and
4.08 (2) (b) to amend sections
A-E 4.03 (2) (a) 4.,
4.08 (2) (a) and
(b) and
4.09 (1) (b); to repeal and recreate section
A-E 4.05, and to create sections
A-E 4.08 (2) (b) and
(c), relating to requirements for registration as a professional engineer.
Hearing Information
Date: Thursday, January 31, 2013
Time: 9:00 a.m.
Location: 1400 East Washington Avenue
(Enter at 55 North Dickinson Street)
Room 121
Madison, WI 53703
Appearances at the Hearing
Interested persons are invited to present information at the hearing. You may make a presentation in person, submit a brief statement regarding facts, opinions or arguments, or both. You may also submit a brief statement of facts, opinions and arguments in writing without a personal appearance by mail addressed to Shawn Leatherwood, Department of Safety and Professional Services, Division of Board Services, P.O. Box 8935, Madison, WI 53708. Written comments will be accepted up until January 31, 2013.
Copies of Proposed Rule, Fiscal Estimate, and Economic Impact Analysis
Copies of the proposed rule are available upon request to Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Policy Development, 1400 East Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708 or by email at
Shancethea.Leatherwood@wisconsin.gov.
Place Where Comments Are to be Submitted and Deadline For Submission
Comments may be submitted to Shawn Leatherwood, Paralegal, Department of Safety and Professional Services, Division of Board Services, 1400 East Washington Avenue, Room 117, P.O. Box 8935, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood@wisconsin.gov.
Comments must be received on or before
January 31, 2013, at 9:30 a.m., to be included in the record of rule-making proceedings.
Analysis Prepared by the Department of Safety and Professional Services
Statutes interpreted
Statutory authority
