SECTION 5. ETF 10.08 (2) (c) 2. is repealed.
SECTION 6. ETF 10.08 (2) (d) is amended to read:
ETF 10.08 (2) (d) Terminated annuities. For purposes of determining whether employment meets the qualifications under s. 40.22, Stats., the exclusion of s. 40.22 (2) (L), Stats., does not apply unless the person has met all qualifications for entitlement to an annuity, including termination from participating employment for the period specified in par. (c) 1., 2., and 3. Payment of an annuity or other benefits in error does not qualify a person as an annuitant for purposes of s. 40.22 92) (L), Stats.
SECTION 7. ETF 10.82 (2) (f) 1. b. is amended to read:
ETF 10.82 (2) (f) 1. b. The document is a record, or is offered to the department as necessary evidence, of adoption, divorce, other matters of family law, the execution of a will or the creation of a testamentary trust.
SECTION 8. ETF 10.82 (2) (f) 1. c., 2. and (Note) are repealed.
SECTION 9. ETF 11.03 (1) (b) is amended to read:
ETF 11.03 (1) (b) Notwithstanding par. (a), an appeal seeking correction of an alleged error with respect to service credits or contribution, premium or benefit payments, based on a claim of fraud, is barred unless commenced within 6 3 years from the date of the discovery by the aggrieved person of the facts constituting the fraud.
SECTION 10. ETF 11.04 (6) (b) and (8) are amended to read:
ETF 11.04 (6) (b) A party sending any communication or document to the hearing examiner by mail, e-mail, or facsimile shall also provide a copy to each party, including the department. This requirement does not pertain to the appeals coordinator or other board staff when submitting documents for the hearing examiner's signature for subsequent mailing to all parties.
(8) Examiner's file. In the course of presiding over the appeal, the hearing examiner shall maintain the official record of the appeal, as well as filing correspondence to the examiner relating directly to the appeal but not part of the record. The hearing examiner may delegate some or all of this responsibility to board staff the appeals coordinator. After preparing the final or proposed decision, the hearing examiner shall forward the record and hearing examiner's file to the appeals coordinator for the department. The examiner's personal notes shall not be forwarded to the department and are not part of the official record. Disposition of the examiner's personal notes is at his or her discretion.
SECTION 11. ETF 11.06 (3) and (Note) are repealed.
SECTION 12. ETF 11.06 (4) (a) and (b) are amended to read:
ETF 11.06 (4) (a) A signature purporting to be that of a participant, annuitant, named survivor or beneficiary on a document previously accepted and filed by the department is presumed to be that of the participant, annuitant, named survivor, or beneficiary absent clear and convincing proof to the contrary.
(b) A participant, annuitant, named survivor, beneficiary, insured or deferrer is presumed mentally competent at the time of making any application, election, designation or taking any other action affecting rights or benefits under ch. 40, Stats., accepted and acted upon by the department, whether affecting only the person or others. This presumption may be rebutted only by proof in the form of a certified copy of the judgment showing that, at the time of the event at issue, the person was adjudged incompetent with respect to management of his or her property. SECTION 13. ETF 11.08 (2) (b) 3. is amended to read:
ETF 11.08 (2) (b) 3. The appeal concerns a request to correct an alleged error with respect to service credits or contribution, premium or benefit payments and the request was made more than 7 full calendar years after the date of the alleged error or beyond another applicable limitation specifically provided by statute. If the alleged error is the result of fraud the applicable limitation is instead 6 3 years from the date the aggrieved person discovered the facts constituting the fraud. Any portion of the appeal not time-barred may proceed.
SECTION 14. ETF 11.09 (5) is amended to read:
ETF 11.09 (5) Agenda. Board staff shall place the appeal on the agenda for the regular board meeting next following the expiration of the time limit for filing objections. Board staff The appeals coordinator shall provide each board member with a copy of the record, including the proposed decision and the timely filed objections to the proposed decision. If board members would have less than 7 calendar days to review the record, proposed decision and timely objections, or the board's agenda is already full, the appeal may instead be added to the agenda of the subsequent regular board meeting. Nothing in this subsection shall prevent the board from electing to hear an appeal case at a special meeting of the board.
SECTION 15. ETF 11.12 (1) (d) 3. and (7) are amended to read:
ETF 11.12 (1) (d) 3. ‘Overpayment refund.’ If the final decision concludes that the appellant has overpaid the Wisconsin retirement system and a refund is due, the final decision shall include an order to the board staff appeals coordinator to compute the amount of the refund, as provided in this chapter. That computation shall be incorporated by reference into the final decision and order to the department to pay the refund.
(7) Notice. Board staff The appeals coordinator shall mail a copy of the final decision to each party or that party's attorney of record by first class mail. Each party, or that party's attorney of record shall also be mailed notice of the right to petition the board for a rehearing, the right to judicial review of an adverse decision, the time limits for filing a petition for rehearing or judicial review and the name of the board to be named as respondent.
SECTION 16. ETF 11.13 (1) (intro.) and (3) are amended to read:
ETF 11.13 (1) (intro.) The hearing examiner and board staff appeals coordinator shall create a record of each appeal which shall include all of the following:
(3) The board staff appeals coordinator shall arrange for a stenographic, electronic or other record of the hearing proceedings to be made. A written transcript of the hearing shall be prepared upon request of a party, the hearing examiner, the board or the department. If a written transcript is prepared, the stenographic, electronic or other record need not be retained.
SECTION 17. ETF 11.14 (4) (a) is amended to read:
ETF 11.14 (4) (a) The board staff appeals coordinator shall immediately forward the petition for rehearing and the record to the hearing examiner, who shall consider and grant or deny the petition within 20 days.
SECTION 18. ETF 11.16 (2) (intro.) is amended to read:
ETF 11.16 (2) (intro.) Computing refund of overpayment. If the final decision of an appeal determines that a participant overpaid the department and is entitled to a refund, the board shall direct board staff the appeals coordinator to calculate the refund due under s. 40.08 (6), Stats. No interest shall be paid upon a refund except as expressly authorized in ch. 40, Stats. A refund from a Wisconsin retirement system account shall not include interest but shall include investment earnings as provided in s. 40.08 (6), Stats. The board staff's appeals coordinator’s calculation shall be appended to and become part of the board's final decision. Board staff The appeals coordinator shall do all of the following: SECTION 19. ETF 20.02 (2) (c) is repealed.
SECTION 20. ETF 20.04 (4) is amended to read:
ETF 20.04 (4) A life annuity with a number of guaranteed payments equal to the number of full calendar months in the life expectancy of the annuitant as determined under Table V of 26 CFR 1.72-9 the tables at 26 CFR 1.401 (a) (9) - 9 as in effect on the date when the annuity begins. SECTION 21. ETF 20.07 (5) (Note) is amended to read:
ETF 20.07 (5) Note: Federal regulations require that a distribution from a qualified retirement plan begin no later than April 1 of the year following the year in which the participant turns age 70.5 or retires, whichever is later. Under s. 40.23 (1) (c), Stats., an inactive participant who wishes to receive an annuity payment on April 1 must elect a benefit effective date which is no later than March 1. A form specifying a requested annuity effective date, form ET-4934, is available from the department of employee trust funds at no charge. SECTION 22. ETF 20.10 (2) (b) is repealed.
SECTION 23. ETF 20.10 (2) (d) and (5) (Note) are amended to read:
ETF 20.10 (2) (d) Establishing a domestic partnership or a same-sex marriage in another state does not establish a domestic partnership for the purposes of the benefits authorized in ch. 40, Stats. (5) Note: The Affidavit of Domestic Partnership form, ET-2371, and the Affidavit of Termination of Domestic Partnership form, ET-2372, can be obtained at no charge by writing to: department of employee trust funds, P.O. Box 7931, Madison, WI 53707-7931, or by calling: (608) 266-3285 or toll free at (877) 533-5020. The forms also are available on the department's website: etf.wi.gov.
SECTION 24. ETF 20.17 (1) (b) 2. and (d) 4. and (4) (b) 3. b. and (e) 5. b. are amended to read:
ETF 20.17 (1) (b) 2. Except as provided in subd. 3. the application to purchase creditable service, on the form approved by the department, must be actually received at the department on or before the date the applicant terminated terminates all participating employment covered by the Wisconsin retirement system.
(d) 4. Except as provided in s. ETF 50.50 (2) (b), buying Buying creditable service does not establish creditable service in or for any particular annual earnings period or calendar year, or prior to any past date, or for purposes of measuring continuous years of creditable service. (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 written statement 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 written statement in lieu of the employer's certification. SECTION 25. ETF 20.19 (6) (a) is renumbered ETF 20.19 (6) and amended to read:
ETF 20.19 (6) Treatment of creditable service after a retirement annuity is terminated and the account reestablished. Except as provided under par. (b), when When a participant's account is reestablished under s. 40.26 (2), Stats., if the participant was not a participating employee after December 31, 1999 but before the effective date of the participant's retirement annuity that was terminated under s. 40.26 (1), Stats., the percentage rates under s. 40.23 (2m) (e), Stats., shall not apply to the creditable service considered to be performed before January 1, 2000 that was performed before the annuity effective date.
