Department of Employee Trust Funds
Employee Trust Funds Board
Wisconsin Retirement Board
Teachers Retirement Board
Deferred Compensation Board
FINAL DRAFT REPORT ON CLEARINGHOUSE RULE #19-126
An order to repeal ETF 10.08 (2) (c) 2., 10.82 (2) (f) 1. c., 2. and (Note), 11.06 (3) and (Note), 20.02 (2) (c), 20.10 (2) (b), and 20.19 (6) (b) and (Note); to renumber ETF 10.01 (3s); to renumber and amend ETF 10.01 (8) and 20.19 (6) (a); to amend ETF 10.01 (1k) and (1L), (2) (a), (b) (intro.), and (3m), 10.08 (2) (c) (intro.) and (d), 10.82 (2) (f) 1. b., 11.03 (1) (b), 11.04 (6) (b) and (8), 11.06 (4) (a) and (b), 11.08 (2) (b) 3., 11.09 (5), 11.12 (1) (d) 3. and (7), 11.13 (1) (intro) and (3), 11.14 (4) (a), 11.16 (2) (intro.), 20.04 (4), 20.07 (5) (Note), 20.10 (2) (b) and (5) (Note), 20.17 (1) (b) 2. and (d) 4. and (4) (b) 3. b. and (e) 5. b., 60.60 (8) (d), and 70.03 (4), 70.08 (3) (intro.), (a) (intro.) and 2., and (b) (intro.) and 1.; to repeal and recreate ETF 20.35; and to create ETF 10.01 (2g), relating to technical changes to update ETF rules.
Agency Person to be Contacted for Questions 2
Statement Explaining Need for Rule 2
Analysis Prepared by Department of Employee Trust Funds 2
Statutes interpreted 2
Statutory authority 2
Explanation of agency authority 3
Related statutes or rules 3
Plain language analysis 3
Summary of, and comparison with, existing or proposed federal regulations 3
Comparison with rules in adjacent states 3
Summary of factual data and analytical methodologies 3
Analysis and documentation concerning effect on small businesses 4
Statement of effect on small business 4
Regulatory Flexibility Analysis 4
Fiscal Estimate and Economic Impact Analysis 4
Text of Rule 5-18
Department of Administration s. 227.137 Report None Energy Impact Report None
Legislative Council Staff Clearinghouse Report 19-21
Response to Legislative Council Staff Recommendations 22
List of Persons Who Appeared or Registered at the Public Hearing 22
Summary of Public Comments 22
Modifications to the Rule as Originally Proposed as a Result of Public Comments 22
Modifications to the Analysis Accompanying the Proposed Rule 22
Modifications to the Fiscal Estimate 22
Board Authorization for Promulgation 22
Effective Date 22
The scope statement for this rule, SS 018-19, was approved by the Governor on January 30, 2019, published in Register No. 758A2, on February 11, 2019, and approved by ETF Secretary Robert Conlin on March 22, 2019. Agency Person to be Contacted for Questions
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. Telephone: (608) 264-6936. E-mail address: david.nispel@etf.wi.gov. Statement Explaining Need for Rule
This rule-making is needed to make technical updates to ETF rules by removing obsolete language, adjusting language to account for changes in Wisconsin law, and correcting references to repealed or renumbered statutes.
Analysis Prepared by the Department of Employee Trust Funds
1. Statutes interpreted:
2. Statutory authority:
3. Explanation of agency authority:
By statute, the ETF Secretary is expressly authorized, with approval by the Employee Trust Funds Board, Teachers Retirement Board, Wisconsin Retirement Board, and Deferred Compensation Board to promulgate rules that are required for the efficient administration of the fund or of any of the benefit plans established by ch. 40 of the Wisconsin Statutes. In addition, each state agency may promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute.
4. Related statutes or rules:
There are no other related statutes or administrative rules directly related to this rule.
5. Plain language analysis:
The purpose of this rule is to make technical updates to ETF rules by removing obsolete language, adjusting language to account for changes in Wisconsin law, and correcting references to repealed or renumbered statutes. This consists of changes to ETF 10, 20, and 60 to account for the changes in Wisconsin law regarding the availability of Domestic Partnerships. Additionally, changes to ETF 10 and 20 address recent changes to Wisconsin law regarding break in service and service purchases, Wisconsin circuit courts’ e-filing initiative, and Qualified Domestic Relations Orders (QDROs) more than 20 years old. The section on QDROs is recreated for better organization. Amendments to ETF 11 seek to bring the code up to date with current ETF practices. Finally, this rule proposes changes to ETF 11 and 20 to correct links that currently link to renumbered or repealed statutes and references to repealed, amended, or renumbered statutes.
6. Summary of, and comparison with, existing or proposed federal statutes and regulations:
There are no existing or proposed federal regulations that directly pertain to this proposed rule.
