Chapter Adm 95

Chapter Adm 95

VFF-EMT SERVICE AWARD PROGRAM

Adm 95.01   Authority.

Adm 95.02   Purpose.

Adm 95.03   Definitions.

Adm 95.04   Participating municipalities.

Adm 95.05   Contributions to a program.

Adm 95.06   Contributions for prior service.

Adm 95.07   Vesting and receipt of length of service award.

Adm 95.08   Non-vested account closure and leaves of absence.

Adm 95.09   Transfer of service to a different program administrator.

Adm 95.10   Disability and death benefits.

Adm 95.11   Records and certification of service.

Adm 95.12   Program administrator qualifications.

Adm 95.13   Program administration.

Adm 95.14   Participating municipality obligations.

Adm 95.15   Program termination.

Adm 95.16   Appeals.

Ch. Adm 95 Note Note: Chapter VFF-EMT 1 was created as an emergency rule effective September 21, 2001. Chapter VFF-EMT 1 was renumbered chapter Adm 95 under s. 13.92 (4) (b) 1. Register December 2015 No. 720.

Adm 95.01 Adm 95.01 Authority. Sections 16.004 (1) and 16.25 (2), (3), (4), and (5), Stats., and 2015 Wisconsin Act 55, section 9101 (10j) (e), authorize the department to promulgate rules for establishing a length of service award program for volunteer fire fighters, emergency medical responders, and emergency medical services practitioners.

Adm 95.01 History History: CR 01-123: cr. Register May 2002 No. 557, eff. 6-1-02; CR 08-033: am. Register June 2009 No. 642, eff. 7-1-09; corrections made under s. 13.92 (4) (b) 6. and 7., Stats., Register December 2015 No. 720; CR 18-011: am. Register June 2018 No. 750, eff. 7-1-18.

Adm 95.02 Adm 95.02 Purpose. The purpose of this chapter is to establish a program for length of service awards to VFF-EMT participants who provide services to municipalities that operate volunteer fire departments or volunteer fire companies, or authorize emergency medical and technical services, and to emergency medical responders in any municipality that authorizes emergency medical responders to provide emergency medical responder services, and to establish qualifications and requirements for private sector individuals and organizations eligible to provide administrative and investment services for length of service award programs.

Adm 95.02 History History: CR 01-123: cr. Register May 2002 No. 557, eff. 6-1-02; CR 08-033: am. Register June 2009 No. 642, eff. 7-1-09; CR 18-011: am. Register June 2018 No. 750, eff. 7-1-18.

Adm 95.03 Adm 95.03 Definitions. In this chapter:

Adm 95.03(1) (1) “Account” means a statement or record of all state and municipal length of service award contributions, including all applicable earnings, redistributions, and deductions made on behalf of a VFF-EMT maintained by a program administrator.

Adm 95.03(2) (2) “Beneficiary” means a person, trust, or entity designated by a VFF-EMT to receive benefits under a program.

Adm 95.03(4) (4) “Credit” means the recognition of the fulfillment of the requirements for performing service toward a length of service award under the program.

Adm 95.03(4m) (4m) “Department” means the department of administration as specified in s. 16.25, Stats.

Adm 95.03(4s) (4s) “Emergency medical responder” has the meaning given in s. 16.25 (1) (am), Stats.

Adm 95.03(5) (5) “Emergency medical services” means medical care that is rendered to a sick, disabled, or injured individual based on signs, symptoms, or complaints, prior to the individual’s hospitalization or while transporting the individual between health care facilities and that is limited to the use of the knowledge, skills, and techniques received from training required under s. 256.15, Stats., and ch. DHS 110, as a condition for being issued an emergency medical services practitioner license.

Adm 95.03(5m) (5m) “Emergency medical services practitioner” has the meaning given in s. 16.25 (1) (at), Stats.

Adm 95.03(6) (6) “Fire fighting services” means the organized suppression and prevention of fires.

Adm 95.03(7) (7) “Fiscal year” means the period beginning on July 1 and ending on June 30.

Adm 95.03(8) (8) “Length of service award program” or “program” means a program as described in section 457 of the internal revenue code that is implemented and administered by a program administrator approved by the department, and that to the extent allowed by federal law, provides a tax-deferred benefit to a VFF-EMT consistent with the internal revenue code, s. 16.25, Stats., and this chapter.

Adm 95.03(9) (9) “Municipality” means a city, county, village, or town.

Adm 95.03(10) (10) “Net asset value” means the value of an individual length of service award determined by adding the municipal contributions and the state matching contributions, all earnings thereon, and any redistributions as provided in s. Adm 95.08, less investment expenses.

Adm 95.03(11) (11) “Participating municipality” means a municipality that meets the program eligibility requirements of s. Adm 95.04 and elects to participate in a program.

Adm 95.03(12) (12) “Prior service” means the service performed by a VFF-EMT for a participating municipality before that municipality began participation in a program.

Adm 95.03(13) (13) “Program administrator” means a non-governmental individual or organization in the private sector that provides and administers a program or a designee.

Adm 95.03(14) (14) “Service” includes fire fighting services, emergency medical responder services, emergency medical services, or rescue services provided to a participating municipality by a VFF-EMT.

Adm 95.03(15) (15) “State” means the state of Wisconsin.

Adm 95.03(17) (17) “Volunteer fire company” means one that is organized under s. 213.05, Stats.

Adm 95.03(18) (18) “Volunteer fire department” has the meaning specified in s. 213.08, Stats.

Adm 95.03(19) (19) “Volunteer fire fighter” or “VFF” means a person that renders fire fighting or rescue services to a participating municipality and does not receive compensation under a contract of employment as a fire fighter.

Adm 95.03(20) (20) “VFF-EMT” means a volunteer fire fighter, volunteer emergency medical responder, or volunteer emergency medical services practitioner.

Adm 95.03 History History: CR 01-123: cr. Register May 2002 No. 557, eff. 6-1-02; CR 08-033: cr. (6m), am. (9), (14) and (20) Register June 2009 No. 642, eff. 7-1-09; corrections in (5) and (16) made under s. 13.92 (4) (b) 7., Stats., Register June 2009 No. 642; correction in (6m) made under s. 13.92 (4) (b) 7., Stats; correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register May 2015 No. 713; (4m) renumbered from (3) under s. 13.92 (4) (b) 1., Stats., corrections in (4m), (8) made under s. 13.92 (4) (b) 6., corrections in (4m), (10), (11) made under s. 13.92 (4) (b) 7., Stats., Register December 2015 No. 720; CR 18-011: cr. (4s), am. (5), cr. (5m), r. (6m), am. (14), r. (16), am. (20) Register June 2018 No. 750, eff. 7-1-18.

Adm 95.04 Adm 95.04 Participating municipalities.

Adm 95.04(1) (1) A municipality that operates a volunteer fire department or that contracts with a volunteer fire company organized under ch. 181 or 213, Stats., that authorizes emergency medical responders to provide emergency medical responder services or that authorizes volunteer emergency medical services practitioners to provide emergency medical services, is eligible to become a participating municipality.

Adm 95.04(2) (2) An eligible municipality may participate in a program by adopting a resolution or ordinance stating that it shall abide by all statutes, administrative rules, regulations, and procedures pertaining to a length of service award program. The adopted resolution or ordinance shall be on a form approved by the department and provided to the program administrator or the department upon request.

Adm 95.04 Note Note: To request approval of a form for a resolution or ordinance, contact the Service Award Program, c/o Department of Administration, Division of Intergovernmental Relations, P.O. Box 8944, Madison, Wisconsin 53708 or [phone].

Adm 95.04(3) (3) Each participating municipality shall develop standards for determining the service required of the volunteer fire fighters, emergency medical responders, and emergency medical services practitioners it sponsors under the program in order to qualify for credit and an annual contribution.

Adm 95.04(4) (4) Municipalities that jointly operate or contract with a volunteer fire department or a volunteer fire company or that jointly authorize volunteer emergency medical services practitioners, or that jointly authorize emergency medical responders to provide emergency medical responder services, may operate as a single participating municipality under the program, and may be required to do so by the program administrator.

Adm 95.04(5) (5) 

Adm 95.04(5)(a) (a) A VFF-EMT may perform service for credit toward a length of service award to more than one volunteer fire department, volunteer fire company, emergency medical responder service, or entity authorized to provide volunteer emergency medical services.

Adm 95.04(5)(b) (b) A VFF-EMT may have only one account for each volunteer fire department, volunteer fire company, emergency medical responder service, or entity authorized to provide volunteer emergency medical services to which the VFF-EMT provides service.

Adm 95.04 History History: CR 01-123: cr. Register May 2002 No. 557, eff. 6-1-02; CR 08-033: am. (1), (3), (4) and (5) Register June 2009 No. 642, eff. 7-1-09; correction in (2) made under s. 13.92 (4) (b) 6., Stats., Register December 2015 No. 720; CR 18-011: am. Register June 2018 No. 750, eff. 7-1-18.

Adm 95.05 Adm 95.05 Contributions to a program.