There are no existing or proposed federal regulations that directly pertain to this proposed rule.
7. Comparison with rules in adjacent states:
As the changes proposed are technical updates to correct obsolete language and make ETF rules consistent with recent changes in Wisconsin law, there is no directly applicable comparison to adjacent states. Periodically, similar agencies in adjacent states promulgate technical rules to update existing administrative rules.
8. Summary of factual data and analytical methodologies:
Due to changes in Wisconsin law, the ETF rules contain obsolete regulatory provisions, terms, and cross-references. The proposed technical changes would allow ETF rules to be consistent with recent changes in Wisconsin law, rather than continuing with outdated language in the code. Additionally, correction of obsolete terms and incorrect links will make the ETF rules more accurate and prevent confusion by those subject to the rules.
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.
11. 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. 12. Fiscal Estimate
Please see the attached fiscal estimate.
13. Agency contact person (including e-mail and telephone):
Please direct any questions about the proposed rule to David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. E-mail: david.nispel@etf.wi.gov. Telephone: (608) 264-6936. 14. Place where comments are to be submitted and deadline for submissions:
Written comments on the proposed rule may be submitted to David Nispel, General Counsel, Department of Employee Trust Funds, P.O. Box 7931, Madison, WI 53707. Written comments must be received at the Department of Employee Trust Funds no later than 4:30 p.m. on October 24, 2019.
15. Proposed 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. 16. Free Copies of Proposed Rule:
Copies of the proposed rule are available without cost by contacting the General Counsel, Department of Employee Trust Funds, P. O. Box 7931, Madison, WI 53707-7931. You can also obtain a copy by calling (608) 264-6936 or by emailing david.nispel@etf.wi.gov. Text of Proposed Rule
SECTION 1. 10.01 (1k), (1L), (2) (a) and (b) (intro.) are amended to read:
ETF 10.01 (1k) “Benefit approval date" is the date on which an application for a separation benefit, lump sum retirement benefit, or the payment of additional contributions, death benefit, or remaining guaranteed annuity payments in a lump sum, is finally approved vouchered for payment by the department. The date of final approval is the date recorded by the department in the voucher box on the “Single Sum Benefit Data," form ET-7102, or the electronic equivalent, associated with the benefit payment in question.
(1L) In this section, “child" includes a natural child, stepchild, child of the insured domestic partner, adopted child, child in an adoptive placement under s. 48.837 (1), Stats., and legal ward who became a permanent legal ward of the employee or the employee's spouse or domestic partner prior to age 19. (2) (a) For life insurance purposes, an eligible employee's spouse or domestic partner and an employee's child, including natural child, stepchild, child of the domestic partner, adopted child, and a child in an adoptive placement under s. 48.837 (1), Stats., who is under the age of 26 or who is age 19 or older and incapable of self-support because of a physical or mental disability which is expected to be of long-continued or indefinite duration. (b) (intro.) For health insurance purposes, an eligible employee's spouse, an eligible employee's domestic partner if the eligible employee has elected coverage for the domestic partner as provided by the health insurance contract, and an eligible employee's unmarried child who is dependent upon the employee or the other parent for at least 50% of support and maintenance. This support and maintenance requirement does not apply to eligible adult children as described in s. 632.885, Stats. A dependent includes an eligible employee's grandchild as provided in s. 632.895 (5m), Stats. It also includes the eligible employee's unmarried dependent child, regardless of age, when he or she is: SECTION 2. ETF 10.01 (2g) is created to read:
ETF 10.01 (2g) “Domestic relations order" or “DRO" means a court order to divide a participant's Wisconsin retirement system account or annuity which has not been determined by the department to satisfy all the criteria of s. 40.02 (48m), Stats., and s. ETF 20.35.
SECTION 3. ETF 10.01 (3m) and (8) are amended to read:
(3m) “Medical record" includes medical evaluation, diagnosis, prognosis, rehabilitation potential, medication, treatment, diet, limitations on activities, symptoms, general physical or mental condition, x-rays, lab tests or results, or any communication or information related to the health, medical, surgical, dental, optometric, chiropractic, podiatric or hospital care or condition of a participant or the spouse, domestic partner or dependent of the participant.
(8) “Valid qualified “Qualified domestic relations order" or “valid “QDRO" means a court order to divide a participant's Wisconsin retirement system account or annuity which is determined by the department to satisfy all the criteria of s. 40.02 (48m), Stats., and s. ETF 20.35. SECTION 4. ETF 10.08 (2) (c) (intro.) is amended to read:
ETF 10.08 (2) (c) (intro.) Rehired annuitants. In order to receive a benefit under s. 40.23 or 40.25, Stats., a person terminated from participating employment on or after July 1, 1996, shall remain terminated from all employment meeting the qualifications for inclusion under s. 40.22, Stats., throughout a period beginning with the date of termination from all participating employment and ending on the latest of the following dates: 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.
