Wisconsin Legislature: 001 - CR 14-055 Rule Text

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 ETF 20.01 is repealed.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 ETF 20.02 (3) (a) is repealed and recreated to read: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.

e. The services were not performed for a hospital, home or institution while the person was a patient or inmate.

SECTION 20. ETF 20.17 (4) (c) 8. is created to read:

ETF 20.17 (4) (c) 8. If the participating employee is applying to receive creditable service for service in the U.S. armed forces or national guard, evidence that the employee was discharged from the U.S. armed forces or national guard under honorable or general conditions.

SECTION 21. ETF 20.35 (3) (d) 4. is amended to read:

ETF 20.35 (3) (d) 4. `Rehired annuitant with reestablished suspended account.' If the participant's account has been reestablished since annuity was suspended prior to the decree date under the provisions of s. 40.26 (2), Stats., any memorandum account balance resulting from the annuity payments paid during the period in which the participant was an annuitant between prior to the decree date and after the effective date on which the account was reestablished suspended, plus accumulated interest on that amount, shall be divided in the same proportion as the other portions of the participant's account.

SECTION 22. ETF 20.35 (9) is repealed.

SECTION 23. ETF 20.37 (2) (e) is repealed.

SECTION 24. ETF 40.01 (1) (b) (title), (1) (b) and (c) (title) are amended to read:

ETF 40.01 (1) (b) Family coverage of all surviving insured dependents continues. The family coverage as in effect at the time of the death of the insured employee will continue in effect, covering the dependents who were duly insured under that coverage at the time of that death until all dependents lose eligibility or become insured under another health insurance policy and as approved by the department.

ETF 40.01 (1) (c) Other continuation coverage rights preserved. Nothing in this section shall be construed to interfere with any person's right to apply or eligibility for continued health insurance coverage under the terms and conditions of the group health insurance contract as expressly mandated by s. 40.51 (3), (4) or (5), Stats., referencing s. 632.897 (2) (b) 3., Stats., or under 42 USC 300bb-1 and federal regulations prescribed thereunder.

SECTION 25. ETF 40.01 (2m) (a) and (b) are amended to read:

ETF 40.01 (2m) (a) Multiple surviving insured dependents, with surviving spouse or domestic partner. If the deceased insured employee is survived by a spouse or domestic partner and other dependents of the deceased insured employee, then the family coverage shall continue in effect and the surviving spouse or domestic partner shall be the responsible person and have the same control and responsibilities with respect to the insurance coverage of the insured surviving dependents as the insured employee had while living except that the responsible person may split any converted sick leave credits among surviving insured dependents as approved by the department.

ETF 40.01 (2m) (b) Multiple surviving insured dependents, without surviving spouse or surviving domestic partner. If the deceased insured employee is not survived by a spouse or domestic partner but by more than one insured dependents, then the family coverage will continue in effect. The oldest surviving insured dependent, or that person's guardian, shall be the responsible person and have the same rights and responsibilities with respect to the insurance coverage of the insured surviving dependents as the insured employee had while living except that the responsible person may split any converted sick leave credits among surviving insured dependents as approved by the department. Upon reasonable request from any adult surviving insured dependent or the guardian of any minor surviving insured dependent, the department may designate another surviving insured dependent, or that person's guardian, as the responsible person.

SECTION 26. ETF Chapter 41 is repealed.

SECTION 27. ETF 50.48 (1), (2) (Note), (3) (a), (3) (b) 5., (4) (b) 3., and (4) (c) are amended to read: