ETF 10.30(6)(e)(e) If there is more than one beneficiary of an account from which no annuity is being paid, and the beneficiaries do not all elect to terminate participation in the variable division pursuant to s. 40.04 (7), Stats., as provided in par. (d), an individual beneficiary’s election to terminate participation in the variable division received by the department shall become effective on the December 31 on or after the effective date of the beneficiary’s annuity from that beneficiary’s portion of the participant’s account, unless previously withdrawn.
ETF 10.30(6)(f)(f) A participant’s election to terminate participation in the variable division received by the department before the participant’s date of death shall become effective as provided in sub. (2), and shall apply to any accounts or annuities that are payable to the participant’s beneficiaries unless the election is rescinded as provided in sub. (5).
ETF 10.30(7)(7)Incomplete elections.
ETF 10.30(7)(a)(a) An election to participate in the variable division or an election to terminate participation in the variable division that does not contain the name, social security number and signature of the person making the election shall be deemed incomplete.
ETF 10.30(7)(b)(b) An election to terminate participation in the variable division received by the department from a beneficiary or named survivor as defined in s. 40.02 (8) and (41r), Stats., that does not include the participant’s name and social security number in addition to the name, social security number and signature of the person making the election shall be deemed incomplete. For terminations, the election must include a cancellation type as specified in sub. (5) (a).
ETF 10.30(7)(c)(c) When the department receives an incomplete election, the election shall be returned by mail to the elector for completion. If a correctly completed election is received by the department within a grace period of 30 calendar days after the incomplete election was returned by mail to the elector, the original receipt date of the election shall be preserved for the purpose of determining the effective date of the election. The effective date for corrected elections that are not returned during the 30-day grace period shall be determined without regard to the original submission and based on the date a correctly completed election is received by the department.
ETF 10.30(8)(8)Electronic receipt.
ETF 10.30(8)(a)(a) Subject to s. ETF 10.82 (2), the department may accept correctly completed elections to participate in the variable division, elections to terminate participation in the variable division and notifications to rescind elections to terminate participation in the variable division that are received by the department’s facsimile machine or by electronic mail in a complete and legible form. The facsimile or electronic mail may be accepted as the original.
ETF 10.30(8)(b)(b) The deadline for submitting an election to terminate participation in the variable division that is effective December 31 is December 31 of that year.
ETF 10.30(8)(c)(c) The deadline for submitting an election to participate in the variable division that is effective January 1 is December 31 of the prior year.
ETF 10.30(8)(d)(d) For the purposes of determining deadlines under this section, see s. 990.001 (4), Stats.
ETF 10.30 NoteNote: Under s. 230.35 (4) (a), Stats., December 31 and January 1 are always legal holidays on which state offices are closed, as is the day following January 1 when January 1 falls on a Sunday. The department does not have duly established office hours on Saturday. Therefore, under s. 990.001 (4) (b), Stats., a December 31 deadline would be extended until the next date which is not a holiday, Saturday or Sunday. For example, the deadline of December 31, 2002, will be extended to Thursday, January 2, 2003. The deadline of December 31, 2004, will be extended to Monday, January 3, 2005. The deadline of December 31, 2005, will be extended to Tuesday, January 3, 2006.
ETF 10.30 HistoryHistory: Cr. Register, December, 1980, No. 300, eff. 1-1-81; renum. from ETF 8.02 and am., Register, December, 1982, No. 324, eff. 1-1-83; CR 02-126: r. and recr. Register April 2003 No. 568, eff. 5-1-03; CR 04-104: am. (8) (a) Register July 2005 No. 595, eff. 8-1-05; CR 09-057: am. (4) (a), (b), (5) (a) 1., 2., 3. b. and (f) Register May 2010 No. 653, eff. 6-1-10.
ETF 10.50ETF 10.50Sick leave conversion credits.
ETF 10.50(1)(1)The amount of accumulated unused sick leave under s. 36.30, Stats., for all faculty and academic staff other than such faculty and staff appointed to work for either 52 or 39 weeks per year in the University of Wisconsin System convertible to credits to pay for health insurance premiums shall equal the number of days resulting from multiplying 0.0040708 times the number of hours per year appointed to work, as reported to the department, rounded off to the nearest tenth of a day. The maximum amount of such unused sick leave shall be limited to 8.5 days per year. The secretary of administration may waive this limitation under s. 40.05 (4) (bp) 2. and 3., Stats.
ETF 10.50(2)(2)Only participating employment and sick leave earned during participating employment can be used in the calculation of credits under ss. 40.05 (4) and 40.95, Stats.
ETF 10.50 HistoryHistory: Cr. Register, September, 1988, No. 393, eff. 10-1-88; CR 23-023: renum. to (1), cr. (2) Register May 2024 No. 821, eff. 6-1-24.
ETF 10.55ETF 10.55Joint instrumentalities; reporting participating employees, service and earnings.
ETF 10.55(1)(1)Scope. This section applies to reporting and contributions with respect to employment by joint instrumentalities created by 2 or more units of government, when all of the following apply:
ETF 10.55(1)(a)(a) At least one of the units of government creating the joint instrumentality is, or subsequently becomes, a participating employer in the Wisconsin retirement system.
ETF 10.55(1)(b)(b) The joint instrumentality is not a separate and independent employer within the meaning of s. 40.02 (28), Stats., as determined by the department. A joint instrumentality which has not established itself as a separate unit of government for OASDHI purposes is not a separate and independent employer under this paragraph.
ETF 10.55 NoteExample: A joint library district is not a separate and independent employer.
ETF 10.55(1)(c)(c) There are persons employed by the joint instrumentality. This section does not apply with respect to employees of a unit of government loaned or assigned to perform services for a joint instrumentality. Those individuals remain the employees of their employing unit of government which is subject to the usual reporting and contribution requirements.
ETF 10.55 NoteExample: If a joint library district’s library board hired a librarian but the library was located on the premises of one of the units of government establishing the joint library district, which assigned one of its janitors to the library, then this section would apply with respect to the librarian but not the janitor.
ETF 10.55(2)(2)Purpose. With respect to the employees of joint instrumentalities subject to this section:
ETF 10.55(2)(a)(a) Each participating employer forming a joint instrumentality covered by this section shall be responsible for its share of the retirement benefits of the instrumentality’s employees who meet the qualifications for participating employees as both the share and qualifications are determined under this section.
ETF 10.55(2)(b)(b) Nothing in this section prevents the units of government forming a joint instrumentality subject to this section from providing for their share of responsibility for the retirement benefits of the employees of the joint instrumentality in the agreement establishing the joint instrumentality. If they fail to expressly address the issue then the share of each participating employer shall be determined as provided in this section.
ETF 10.55(2)(c)(c) Whether an employee of a joint instrumentality covered by this section is a participating employee under s. 40.22, Stats., is not affected by the number of units of government which form the joint instrumentality.
ETF 10.55(3)(3)Participating employees.