6. Summary of, and comparison with, existing or proposed federal statutes and regulations:
The only federal regulations that may be affected by this proposed rule are provisions of the Internal Revenue Code regulating qualified pension plans. The Wisconsin Retirement System is required to be maintained as a qualified plan by s. 40.015, Stats. 7. Comparison with rules in adjacent states:
Periodically, retirement systems in adjacent states promulgate technical rules to update existing administrative rules.
8. Summary of factual data and analytical methodologies:
The department is proposing this rule to update existing rules and interpretations of existing statutes.
9. Analysis and supporting documents used to determine effect on small business or in preparation of economic impact analysis:
This rule does not have an effect on small businesses because private employers and their employees do not participate in, and are not covered by, the Wisconsin Retirement System. Please see attached economic impact analysis.
10. Effect on small business:
The rule has no effect on small businesses.
Regulatory Flexibility Analysis:
The proposed rule has no effect on small businesses because only governmental employers and their employees may participate in the benefit programs under ch. 40 of the statutes administered by the Department of Employee Trust Funds. Fiscal Estimate and Economic Impact Statement:
Please see the attached Fiscal Estimate and Economic Impact Statement.
[SEE PDF]
Text of Proposed Rule
SECTION 1. ETF 10.63 (1) (intro.) is created to read:
ETF 10.63 (1) (intro.) Reports and remittances required under this chapter shall be submitted to the department as follows:
SECTION 2. ETF 10.63 (1) (a) to (d) are amended to read:
ETF 10.63 (1) (a) Contribution reports and remittances from state departments, excluding university and other state department reports which pertain to teachers only, required in the administration of subch. II of ch. 40, Stats., are due on the 20th day of the month following the reporting month or on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication. (b) Contribution reports and remittances other than those specified in par. (a) required in the administration of subch. II of ch. 40, Stats., are due on the last working day, excluding Saturdays, Sundays, and holidays when the state offices are closed, of the month following the end of the reporting month, or on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication. (c) Detailed annual earnings reports required in the administration of subch. II of ch. 40, Stats., are due on the last working day, excluding Saturdays, Sundays, and holidays when the state offices are closed, of the calendar month following the end of the calendar year, or on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication. (d) Premium and coverage reports and remittances required in the administration of subchs. IV and VI of ch. 40, Stats., are due on the 20th day of the calendar month preceding the coverage month or on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication. SECTION 3. ETF 10.63 (1) (e) (intro.) and 1. are consolidated, renumbered to (1) (e), and amended to read:
ETF 10.63 (1) (e) Premium and coverage reports and remittances required in the administration of subch. V of ch. 40, Stats., are due as follows: 1. For state agencies, on the 20th day of the calendar month following the reporting period or on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication. SECTION 4. ETF 10.63 (1) (e) 2. is repealed.
SECTION 5. ETF 10.63 (1) (f) and (2) are amended to read:
ETF 10.63 (1) (f) Reduction reports and remittances required in the administration of subch. VIII of ch. 40, Stats., are due within 2 working days after the date on which the regular employee payroll payments are issued, excluding Saturdays, Sundays, and holidays when the state offices are closed, or on a day determined by the secretary and communicated to employers by the department through email updates, employer bulletins, or other means of communication. (2) Whenever the 20th day of the calendar month or a day due date determined by the secretary referred to in sub. (1) falls on a Saturday, Sunday, or holiday on which state offices are closed, a report or a remittance received on the first working day after the 20th day of the calendar month or a day due date determined by the secretary referred to in sub. (1) shall be deemed to have been received on a timely basis.
SECTION 6. ETF 10.70 (4) is renumbered ETF 10.70 (4) (intro.) and amended to read:
ETF 10.70 (4) (intro.) In case of death, disabling injury, or disabling disease, disclosure of the department may disclose individual personal information shall be made only to any of the following, as identified by the department:
(a)
The legal representative of the individual whose record is the subject of the inquiry, a.(b)
A beneficiary of the deceased under s. 40.02 (8), Stats., as identified by the department, the.(d)
The duly authorized representative of the beneficiary, the or the named survivor.(e)
The legal representative of the deceased individual’s estate.SECTION 7. ETF 10.70 (4) (c) is created to read:
10.70 (4) (c) The named survivor of the deceased under s. 40.02 (41r), Stats. SECTION 8. ETF 10.80 is repealed.
SECTION 9. EFFECTIVE DATE. This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register as provided in s. 227.22 (2) (intro.), Stats. [SEE PDF]
Response to Legislative Council Staff Recommendations
ETF implemented all of the Legislative Council Staff recommendations contained in the Clearinghouse Report.
List of Persons Who Appeared or Registered at the Public Hearing.
No persons appeared or registered either for or against the rule at the public hearing on June 15, 2016.
Summary of Public Comments.
No person wished to testify concerning the rule. The record was held open for written comments until 4:30 p.m. on June 15, 2016, but no comments were received.
Modifications to Rule as Originally Proposed as a Result of Public Comments.
None.
Modifications to the Analysis Accompanying the Proposed Rule.
None.
