The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contribution rate adjustments between employer and employe contributions. An increase in employe contributions based upon such division is not a constitution contract clause violation. The Board lacks the authority to redetermine the unfunded accrued actuarial liability for calendar year 1991 rate setting purposes as an alternative to a contribution increase. 80-101
Constitutionality of ASLCC in 1991 Budget Bill
Statutory changes to the state accumulated sick leave conversion credit program contained in 1991 Wisconsin Act 39 (1991 budget bill) which determine the conversion credit based on a salary rate determined after terminating employment violate article IV, section 26 of the Wisconsin Constitution.
The Employe Trust Funds board has the standing to allege that the statutory changes are unconstitutional notwithstanding the general rule that state agencies or public officers cannot question the constitutionality of a statute. 80-187
Contributions by employe and employer to retirement fund
The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contribution rate adjustments between employer and employe contributions. An increase in employe contributions based upon such division is not a constitution contract clause violation. The Board lacks the authority to redetermine the unfunded accrued actuarial liability for calendar year 1991 rate setting purposes as an alternative to a contribution increase. 80-101
Employe and employer contributions to retirement fund
The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contribution rate adjustments between employer and employe contributions. An increase in employe contributions based upon such division is not a constitution contract clause violation. The Board lacks the authority to redetermine the unfunded accrued actuarial liability for calendar year 1991 rate setting purposes as an alternative to a contribution increase. 80-101
Employment of an actuary
Employment of an actuary by the Employe Trust Funds Board under sec. 40.02, Stats., is not subject to the general contracting procedures set forth in secs. 16.70 through 16.76, Stats. (Unpub.). 34-1980
Equitable claim
The specific appeal procedures provided for the Public Employe Trust Funds do not take precedence over the general grant of authority to the Claims Board to hear claims against state agencies, but the Claims Board lacks authority to order payment of the claim from the trust funds. 74-196
Powers discussed
Authority of the Employe Trust Funds Board, the Teachers Retirement Board and the Wisconsin Retirement Board in contested cases discussed. 79-139
Requirements for Board membership
An appointee to the Employe Trust Funds Board whose appointment is based upon membership in the Wisconsin Retirement Board or Teachers Retirement Board continues as a member of the Employe Trust Funds Board even if he or she is no longer a member of the appointing board. The appointing board may, however, remove and replace their appointees to the ETF Board "at pleasure." 75-127
EMPLOYE TRUST FUNDS, DEPARTMENT OF
Board authority discussed
The Employe Trust Funds Board must under section 40.05(2n), Stats., divide post-1990 contribution rate adjustments between employer and employe contributions. An increase in employe contributions based upon such division is not a constitution contract clause violation. The Board lacks the authority to redetermine the unfunded accrued actuarial liability for calendar year 1991 rate setting purposes as an alternative to a contribution increase. 80-101
Deferred compensation plans
Section 40.80(2m), Stats. (as created by 1989 Wisconsin Act 31), requires the Deferred Compensation Board to establish administrative rules for alternative or supplemental deferred compensation plans but does not require that any such plans be offered. 79-168
Group insurance Board
Section 632.895(5m), Stats., which requires that disability insurance policies must provide coverage for grandchildren of the insured, does not apply to group insurance contracts between health maintenance organizations and the group insurance board of the Department of Employe Trust Funds. Under sections 40.51(7) and 40.03(6)(a)2., the group insurance board may not establish a pool of municipal employers to provide health care benefits on a self-funded basis. 76-311
Supplemental retirement funds
The Department of Employe Trust Funds is not authorized to administer supplemental retirement funds established by collective bargaining under sec. 111.70, Stats. (Unpub.). 59-1979
EMPLOYER AND EMPLOYE
See also LABOR
Acquired Immune Deficiency Syndrome
A police and fire commission is an employer under section 103.15, Stats., and may not test paramedic candidates for the HIV virus. Civil liability of the commission and the city it serves for claims brought by individuals who can prove that they contracted the HIV virus through employment-related contacts with paramedics discussed. 77-181
Classified service
When section 63.065, Stats., permits a person to return from approved leave of absence to classified service without loss of seniority, the statute means that the person is treated for seniority purposes as though he or she never left the position in classified service. 78-11
Collective bargaining
Matters within the scope of bargaining as set forth in sec. 111.91, Stats., agreed to by the Department of Administration and a state employe union are not effective until submitted as tentative agreements to and approved by the Joint Committee on Employment Relations. Action of the Secretary of the Department of Administration in agreeing to so-called non-recrimination clause was within his discretion but the clause itself is unenforceable until approved by the Joint Committee on Employment Relations. 67-38
Continuation of pay
Discussion of sec. 230.36, Stats.-—continuation of pay to employe injured in hazardous employment, with respect to long-term disability. 68-25
Conviction records
When evaluating an individual for the position of reserve officer, a sheriff's department may consider information in its possession concerning the individual's juvenile record, subject to the prohibitions against arrest record and conviction record discrimination contained in the Wisconsin Fair Employment Act. 79-89
1. A licensing agency may not ask an applicant about juvenile delinquency records.
2. A licensing agency may request information from an applicant regarding conviction records under sec. 111.32(5)(h), Stats. 67-327
De facto status discussed
Section 15.05(2), Stats., does not authorize appointment of an employe not within the Department. De facto status discussed. Quo warranto and sec. 946.12, Stats., action discussed. Corrective action requested of officers involved. (Unpub.). 8-1978
Discrimination
A state agency may insist on the presence of legal counsel when making agency personnel available for informal interviews conducted by Personnel Commission equal rights officers in the course of investigating complaints of employment discrimination against such state agency, where the equal rights officer wishes to (1) conduct on the job interviews of nonmanagerial personnel, or (2) interview agency supervisors who are not named or "immediately" involved in the discriminatory actions in question. 70-167
Discrimination settlement
Department of Industry, Labor and Human Relations may approve or be party to a job discrimination settlement agreement which includes less than the full back pay liability if the agreement eliminates the discrimination. If the agreement does not eliminate the discrimination the Department may proceed in the matter before it. 66-28
Drug testing; pre-employment
A municipality's decision to require pre-employment drug testing for prospective employes must balance the need for testing in particular positions against the invasion of personal rights that the search entails, considering all relevant factors. 76-257
Dual employment
Discussion of restrictions which section 16.417(2), Stats., imposes on dual state employment of state employes. 77-245
Employe service company
Strict compliance with all criteria in section 108.02(12m), Stats., and section 108.065 is required before a company will qualify as an employe service company and the employer for unemployment compensation purposes. 80-154
Equal employment opportunity ordinances
The employment practices of vocational, technical and adult education districts are subject to city equal employment opportunity ordinances. Such ordinances, however, can be applied only to employment within the geographic boundaries of the city. 70-226
Family Court Commissioner
Either the County Board as employer or the judges of the county as appointing authority has the authority under sec. 41.11(1), Stats., to extend the employment of a family court commissioner beyond normal retirement date. 67-120
.42 Board
Where a county board has established a civil service ordinance applicable to all county personnel other than the exceptions provided in sec. 59.07(20), Stats., the Director of the 51.42 Board does not have authority to grant vacation with pay to a 51.42 Board employe which is not authorized under the county civil service ordinance. 67-143
Fire department
Classification of chapter 213 and chapter 181, Stats., fire departments; Public sector versus private sector departments; The classification of a fire department depends upon the statute under which it was organized. 80-61
