Wisconsin Legislature: 001 - CR 14-055 Rule Text

ETF 10.01 (3e) “Highest basic pay rate” means, for purposes of s. 40.05, Stats., unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111, Stats., the highest hourly rate, excluding any overtime or supplementary compensation, at which an employee accrued accumulated sick leave that is eligible for conversion under s. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), or 757.02 (5), Stats. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses is considered as part of the employee's basic pay for purposes of this paragraph and s. 40.05, Stats.

SECTION 2. ETF 10.01 (3i) is amended to read:

ETF 10.01 (3i) "Maximum voluntary contribution" means the total amount eligible under section 415 (c) of the internal revenue code, as adjusted pursuant to section 415(d) of the internal revenue code and the regulations promulgated pursuant to that section, to be contributed to the Wisconsin retirement system in a calendar year by or on behalf of a participating employee, less all required and employer-paid additional contributions which are includable in the limits of section 415 (c) of the internal revenue code, as determined by the department.

SECTION 3. ETF 10.01 (3i) (Note 1) is repealed.

SECTION 4. ETF10.03 (1) is amended to read:

ETF 10.03 (1) For annual earnings periods beginning on or after January 1, 1985, each participating employer shall determine and report service in hours for each participating employee in the manner prescribed in this section. Earnings which are paid to a teacher, as defined in s. 40.02(55), Stats., an educational support personnel employee, as defined in s. 40.02 (22m), Stats., or a technical college educational support personnel employee, as defined in s. 40.02 (55g), Stats., who has contracted to receive such payments on either a 9 or 10 month contract basis, and which are paid after the beginning of a school year, as defined in s. ETF 10.01 (4m), for services rendered in the preceding school year, are deemed to be received by the teacher employee on June 30 of the preceding school year for purposes of reporting service to the department.

SECTION 5. ETF 10.08 (2) (a), and (c) 2. and 3. are amended to read:

ETF 10.08 (2) (a) Intent to terminate. No person may receive any retirement annuity, separation benefit or lump−sum payment from the Wisconsin retirement system without first terminating from his or her current participating employment with all participating employers. Whether the termination is a voluntary termination by the employee or an involuntary termination by the employer, the employer and employee shall act with the good−faith intent of ending the employee−employer relationship.

ETF 10.08 (2) (c) 2. The thirty-first seventy-sixth day after the benefit application is received by the department as provided in s. 40.23 (1) (a), Stats.

ETF 10.08 (2) (c) 3. The thirty-first seventy-sixth day after termination of employment in accordance with this section.

SECTION 6. ETF 10.60 (2) is amended to read:

ETF 10.60 (2) Every employer which employs 250 or more employees shall submit the detailed annual earnings report required in the administration of subch. II of ch. 40, Stats., in an electronic format designated by the department.

SECTION 7. ETF 10.633 (1) (a) to (c) are amended to read:

ETF 10.633 (1) (a) For a retirement annuity under s. 40.23 or 40.24, Stats., or s. ETF 20.04, and for a beneficiary annuity under s. 40.73 (3), Stats., the debit date shall be the twenty-first day of the same month as the date of the first annuity check or other transfer of funds payment.

ETF 10.633 (1) (b) For a disability annuity under s. 40.63, Stats., the debit date shall be the twenty-first day of the same month as the date of the first disability annuity check or other transfer of funds payment.

ETF 10.633 (1) (c) For a lump sum payment of any kind, including a separation benefit under s. 40.25 (2), Stats., or lump sum payments under s. 40.25 (1) or (4) or 40.73 (1) or (2), Stats., the debit date shall be the date of the benefit check payment.

SECTION 8. ETF 11.04 (5) (e) is amended to read:

ETF 11.04 (5) (e) A hearing examiner who receives an ex parte communication, other than a communication described in s. 227.50 (1) (b) through (e) s. 227.50 (1) (a) 1m. and (1) (am) 1. through 3., Stats., shall make a record of the violation, and notify all parties.

SECTION 9. ETF 20.01 is repealed.

SECTION 10. ETF 20.02 (2) (b) and (c) are amended to read:

ETF 20.02 (2) (b) The thirty-first seventy-sixth day after the date participating employment terminated.

ETF 20.02 (2) (c) The thirty-first seventy-sixth day after the date the benefit application was received by the department.

SECTION 11. ETF 20.02 (3) (a) is repealed and recreated to read:

ETF 20.02 (3) (a) The department shall include a rehired annuitant under the provisions of the Wisconsin retirement system as a participating employee if any of the following conditions apply:

1. A rehired annuitant who terminated participating employment prior to July 2, 2013, is employed in a position which meets the requirement for participation specified in s. 40.22, Stats. and files with the department a written election to be included under the provisions of the Wisconsin retirement system as a participating employee. The election shall be on a form provided by the department.

2. A rehired annuitant who terminated participating employment after July 1, 2013, is employed in a position which meets the requirement for participation specified in s. 40.22, Stats. and files with the department a written election to be included under the provisions of the Wisconsin retirement system as a participating employee. The election shall be on a form provided by the department. This subsection does not apply to a rehired annuitant who meets the requirements of s. 40.26(1m)(a), Stats.

3. The rehired annuitant meets the requirements for suspension of the annuity under s. 40.26(1m)(a), Stats.

SECTION 12. ETF 20.02 (3) (c) is amended to read:

ETF 20.02 (3) (c) An election filed pursuant to par. (a) 1. or 2. shall take effect on the first day of the month following its receipt by the department. The department shall terminate suspend the annuity on the day prior to the effective date of the election, unless the department receives the rehired annuitant's written notice revoking the election prior to the effective date of the election.

SECTION 13. ETF 20.02 (3) (d) is created to read:

ETF 20.02 (3) (d) A suspension of an annuity pursuant to par. (a) 3. shall take effect on the first day of the month following the date the annuitant is rehired.

SECTION 14. ETF 20.025 (2) is amended to read:

ETF 20.025 (2) Separation benefits. An application for a lump sum benefit under s. 40.25 (2), Stats., must be received by the department before the applicant has reached minimum retirement age unless the applicant is eligible for a lump sum benefit under s. 40.23 (2m) (er) or 40.23 (3) (b), Stats.

SECTION 15. ETF 20.17 (2) (d) is repealed.

SECTION 16. ETF 20.17 (2) (f) 1. (intro.) is amended to read:

ETF 20.17 (2) (f) 1. Service, other than military service, performed as an employee of any of the following:

SECTION 17. ETF 20.17 (4) (b) 3. b. is amended to read:

ETF 20.17 (4) (b) 3. b. A written certification by the employer for which the service was rendered that the service will not be used to establish entitlement to, or the amount of, any other pension or retirement benefit from a plan for federal, state or local government employees which is subject to sections 401 or 403 of the internal revenue code, except for a disability or OASDHI benefit or a benefit paid for service in the national guard and the reserves. If the participant is unable to obtain the employer's certification through reasonable efforts, the department may accept the employee's affidavit in lieu of the employer's certification, or contact the employer directly. If the employer does not have the information necessary to make this certification, the department may accept the employee's affidavit in lieu of the employer's certification.

SECTION 18. ETF 20.17 (4) (c) 6. is repealed and recreated to read:

ETF 20.17 (4) (c) 6. Evidence that:

a. For service that was performed before July 1, 2011, the service met the participation standard under s. ETF 20.015 (1).

b. For service that was performed on or after July 1, 2011, the service met the participation standard under s. ETF 20.015 (2).

SECTION 19. ETF 20.17 (4) (c) 7. (intro.), a., and e. are amended to read:

ETF 20.17 (4) (c) 7. The employee's sworn certification Evidence that all of the following are true:

a. The service was not performed as an independent contractor or subject to a contract under which the employee furnishing furnished more than his or her personal services.