ETF 52.16 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98;
CR 13-029: renum. (4) (a) (intro.) to (4) (a) and am., r. (4) (a) 1., 2., am. (4) (c)
Register November 2013 No. 695, eff. 12-1-13;
CR 14-055: cr. (5) (c)
Register May 2015 No. 713, eff. 6-1-15;
CR 19-097: am. (4) (b) 2.
Register May 2021 No. 785, eff. 6-1-21.
ETF 52.18
ETF 52.18 Establishing estimated monthly reductions. ETF 52.18(1)(1)
The department may reduce monthly duty disability benefits consistently during a year by estimating applicable reductions and correcting any resulting over- or under-payments in an annual reconciliation.
ETF 52.18(2)
(2) The department shall provide each participant receiving duty disability benefits with a written statement showing the monthly salary amount, effective date, maximum amount of duty disability benefits and reductions to monthly benefits.
ETF 52.18 Note
Note: “Monthly Payment and Offsets," Form ET-5507.
ETF 52.18(3)
(3) A participant eligible to receive duty disability benefits may request that his or her estimated reductions be adjusted to more accurately conform to anticipated income from sources specified in s.
40.65 (5) (b), Stats.
ETF 52.18 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98.
ETF 52.20
ETF 52.20 Collection of excess benefits paid in error. The department shall inform the participant of any overpayment of duty disability benefits as identified and determined by the department. If not immediately repaid by the participant, the department shall utilize its authority under s.
40.08 (4), Stats., to collect the amount overpaid and the interest it determines to be due.
ETF 52.20 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98.
ETF 52.22(1)(1)
Fatalities. For purposes of paying a death benefit under s.
40.65 (7) (am), Stats., and sub.
(2), a protective occupation participant who suffers fatal injury while performing the participant's duty, or who dies due to a disease contracted due to the participant's occupation, is deemed to have died as the result of an injury for which a benefit would be payable under s.
40.65 (4), Stats., even if there was no inability to perform the job immediately prior to death.
ETF 52.22(2)
(2)
State employee death benefits. Except as provided in par.
(a) or
(b), death benefits with respect to deceased state employee participants receiving duty disability benefits are determined under s.
40.65 (7), Stats.
ETF 52.22(2)(a)
(a) The treatment of s.
40.65 (7) (a) (intro.) and
(am), 1985-86 Stats., by
1987 Wis. Act 363, affecting death benefits, does not apply to a state employee covered by a collective bargaining agreement under subch.
V of ch. 111, Stats., until the office of state employment relations notifies the department that the treatment was approved by the collective bargaining representative and by the joint committee on employment relations.
ETF 52.22(2)(b)
(b) The treatment of s.
40.65 (7) (a) (intro.) and
(am), 1985-86 Stats., by
1987 Wis. Act 363, affecting death benefits, does not apply to a state employee not covered by a collective bargaining agreement under subch.
V of ch. 111, Stats., until the office of state employment relations notifies the department that the treatment was recommended by the director of the office of state employment relations and approved by the joint committee on employment relations.
ETF 52.22(3)
(3)
Limitations. If a protective occupation participant who was approved for duty disability benefits dies of a disease listed under s.
891.45,
891.453, or
891.455, Stats., but the benefit was not approved based on that disease, the surviving spouse, domestic partner, or surviving children of the protective occupation participant are not eligible to apply for death benefits as a result of that disease.
ETF 52.24
ETF 52.24 Required reporting by duty disability recipients; failure to submit. ETF 52.24(1)(1)
Monthly earnings from employment. A person receiving duty disability benefits shall keep records of all earnings received, including profits from self-employment, during each month beginning with the effective date, whether paid by the employer under whom the duty disability occurred or from any other employer. The department shall request the records at least annually and, upon request, the person shall supply the records to the department. As used in this subsection and in s.
40.65 (5) (b) 6., Stats., the terms “earnings" and “employer" have their broad, plain meaning and are not limited to the definitions in s.
40.02 (22) and
(28), Stats.
ETF 52.24(2)
(2)
Duty to report receipt. A person receiving duty disability benefits shall respond within 30 days to any request for income information from the department and, regardless of any requests, shall disclose in writing, within 30 days after receipt, any retroactive or other lump sum payment of any Social Security, worker's compensation, unemployment compensation, disability or retirement benefit or employment earnings, including sums received in lieu of earnings, such as an award for lost earnings, which is received on any date after the participant's duty disability benefit effective date.
ETF 52.24(3)
(3)
Duty to report known errors. A person receiving duty disability benefits shall disclose in writing to the department any error known to the person with regard to the amounts by which the department is reducing the participant's monthly duty disability benefits due to the participant's receipt of Social Security, worker's compensation, unemployment compensation, disability or retirement benefit or earnings, including sums received in lieu of earnings.
ETF 52.24 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98.
ETF 52.26
ETF 52.26 Termination of duty disability benefits. ETF 52.26(1)(1)
The department may terminate duty disability benefits for any person who refuses to submit or fails to timely submit information requested by the department, including but not limited to income or benefit information, or information concerning a person's marital status, or who submits false information.
ETF 52.26(2)
(2) A person whose duty disability benefits are terminated may not reapply for duty disability benefits based upon the same disability.
ETF 52.26 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98.
ETF 52.28(1)(1)
Except as provided in sub.
(2) all determinations made by the department under this chapter, including, but not limited to the calculation of the applicant's monthly salary, are subject to appeal to the Wisconsin retirement board as provided in ch.
ETF 11. Both the applicant and the employer may request an appeal.
ETF 52.28(2)
(2) Determinations made by the department under this chapter as to an applicant's eligibility for duty disability benefits may be appealed to the division of hearings and appeals in the department of administration under s.
40.65 (2) (b) 3., Stats. The department is a necessary party.
ETF 52.28(2)(a)
(a) The employer may appeal a determination granting an application for duty disability benefits, including determinations based upon ss.
891.45,
891.453, and
891.455, Stats.
ETF 52.28(2)(b)
(b) If an application is denied based upon receipt of a qualifying medical report and a medical report which was not a qualifying medical report, and the participant appeals the denial as provided in s.
40.65 (2) (b) 3., Stats., then the administrative law judge determining eligibility may decide between the 2 conflicting medical reports to determine eligibility.
ETF 52.28 History
History: Cr.
Register, September, 1998, No. 513, eff. 10-1-98;
CR 13-029: am. (2) (a)
Register November 2013 No. 695, eff. 12-1-13;
CR 23-023: am. (2) (intro.) Register May 2024 No. 821, eff. 6-1-24.
