Chapter ETF 10

ETF 10.05   Creditable service for Milwaukee teachers.

ETF 10.07   Leave of absence.

ETF 10.08   Separation from employment.

ETF 10.10   Employee trust funds board and teachers retirement board elections.

ETF 10.12   Separate retirement system participation in the retirement trust fund.

ETF 10.15   Annuity reserves.

ETF 10.20   Approval of group insurance plans for state employees.

ETF 10.25   Core retirement investment trust participation in the variable retirement investment trust.

ETF 10.30   Variable division participation.

ETF 10.50   Sick leave conversion credits.

ETF 10.55   Joint instrumentalities; reporting participating employees, service and earnings.

ETF 10.60   Reports and payments.

ETF 10.63   Due dates.

ETF 10.633   Debiting participant account to fund benefit.

ETF 10.635   Late paid earnings.

ETF 10.64   Late reporting charges and interest.

ETF 10.65   Refund of excess contributions.

ETF 10.70   Individual personal information.

ETF 10.71   Transcript fees.

ETF 10.72   Fee for search of historical records.

ETF 10.75   Power of attorney.

ETF 10.78   Guardianship requirements.

ETF 10.79   Reasonable efforts to locate benefit payees.

ETF 10.82   Receipt by the department.

ETF 10.84   Response to requests.

ETF 10.85   Prohibited transactions.

ETF 10.86   Electronic deposits.

ETF 10.01 ETF 10.01 Definitions. Words, phrases, and terms used in all ETF chapters which are not defined in this section shall have the meaning set forth in s. 40.02, Stats.:

ETF 10.01(1g) (1g) “Active military service” and “active service,” as that term is used with reference to military service, including in s. 40.02 (15) (a) (intro.) and 1., (c) (intro.), 1. and 4., and (48m) (f), Stats., mean active duty military service in the armed forces of the United States, excluding:

ETF 10.01(1g)(a) (a) Service reported by the military as active duty for training purposes.

ETF 10.01(1g)(b) (b) Service as a cadet or student at a U.S. military service academy.

ETF 10.01 Note Note: This definition does not apply to the term “active service” used in reference to active performance of the duties of employment with a participating employer, as for example in s. 40.63 (1) (c) and (2), Stats.

ETF 10.01 Note Insofar as possible, the department relies on U.S. armed forces documents, such as the DD 214, the AGO53-55 series, NAVPERS 553, and GSA 6851, to identify periods of “active duty” and “active duty for training.”

ETF 10.01(1h) (1h) “Administrative error” means a clerical mistake in copying or writing. The term also includes the unintentional omission of a number or factor in making a calculation or a mathematical miscalculation by a department employee or board staff. The term does not include an actual or alleged erroneous interpretation of applicable law, the giving of erroneous advice, or negligence on the part of an employee or agent of the department or member or agent of the board.

ETF 10.01(1k) (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 confirmed by payment voucher by the department.

ETF 10.01 Note Note: See “benefit approval date” in s. ETF 20.19 (2) (a), “date the application for a separation benefit is approved” in s. 40.25 (2), Stats., and reference to the month in which the payment of a benefit is approved in ss. 40.04 (4) (b) and (bm) and 40.73 (1) (a) and (2) (a), Stats.

ETF 10.01(1L) (1L) In this section, “child” includes a natural child, stepchild, 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.

ETF 10.01(1m) (1m) “Current basic pay rate” means:

ETF 10.01(1m)(a) (a) Unless otherwise provided by ch. 230, Stats., contractual agreements authorized under subch. V of ch. 111, Stats., or par. (b) or (c), the hourly rate, or its equivalent, excluding any overtime or supplementary compensation, at which the employee is paid at the time of termination of employment or at the time of death. For an active employee or employee on an approved leave of absence the “current basic pay rate” means the hourly rate, or its equivalent, the employee is paid during the pay period or was paid prior to the commencement of the leave of absence. The equivalent of the hourly rate of pay shall be obtained by dividing the employee’s total earnings in a typical pay period, excluding any overtime, on-call, extracurricular or supplementary compensation, by the number of hours, excluding hours, such as overtime, on-call and extracurricular hours which are incidental to the primary employment, for which the employee is paid in that pay period. If the employee has received a pay adjustment during the 12 months preceding termination, death or leave of absence, other than a permanent change that is broadly applicable to the employees of that employer, or unless that change is the result of a significant change in the nature and duties and activities of that employee, then the equivalent of the hourly rate shall be the greater of the previous current basic pay rate prior to the pay adjustment or the final average earnings divided by 174.

ETF 10.01(1m)(b) (b) For an annuitant who becomes a participating employee subject to s. 40.22, Stats., within 3 years of the original date of termination, the greater of the current basic pay rate as established under par. (a) on the effective date of the original annuity or the current basic pay rate at the time of subsequent termination.

ETF 10.01(1m)(c) (c) For annuitants who become participating employees subject to s. 40.22, Stats., after more than 3 years from the original date of termination the current basic pay rate determined in accordance with par. (a) at the time of subsequent termination for sick leave accumulated after reemployment only. The conversion of sick leave accumulation in effect prior to reemployment shall be calculated by application of the current basic pay rate in effect prior to reemployment as determined under par. (a).

ETF 10.01(1r) (1r) “Decree date” as defined in s. 40.02 (18f), Stats., includes the first day of the month in which a participant’s domestic partnership is terminated by a court under a final judgment, decree or order.

ETF 10.01(2) (2) “Dependent” means:

ETF 10.01(2)(a) (a) For life insurance purposes, an eligible employee’s spouse and an employee’s child, including natural child, stepchild, 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.

ETF 10.01(2)(b) (b) For health insurance purposes, an eligible employee’s spouse 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:

ETF 10.01(2)(b)1. 1. Under the age of 19,

ETF 10.01(2)(b)2. 2. Age 19 or older but less than age 26 as provided in s. 632.885, Stats.

ETF 10.01(2)(b)3. 3. Age 26 or older and incapable of self-support because of a physical or mental disability which is expected to be of indefinite duration or for at least one year or a full-time student as provided in s. 632.885, Stats.

ETF 10.01(2g) (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.

ETF 10.01(2m) (2m) “Earnings” under s. 40.02 (22), Stats., except as otherwise provided by federal regulations for OASDHI purposes, does not include payments made in lieu of welfare, payments made to reimburse welfare costs, or payments made as part of a work relief, general relief or public assistance program under ch. 49, Stats., unless employment is part of a training program to improve skills or increase employability and the employment satisfies the requirements under s. 40.22 (1), Stats.

ETF 10.01(3) (3) “Full calendar year” as used in s. 40.08 (8) (d) and (10), Stats., means the time period beginning on a given date and ending on the same date in the next year.

ETF 10.01(3d) (3d) “Guardian” has the meaning given in s. 54.01 (10), Stats., and includes conservators appointed pursuant to s. 54.76, Stats. For minor children, “guardian” also has the meaning given in s. 48.02 (8), Stats., and includes the authority provided in s. 48.023, Stats.

ETF 10.01(3e) (3e) “Highest basic pay rate” means, for purposes of s. 40.05, Stats., unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111, Stats., the highest hourly rate, excluding any overtime or supplementary compensation, at which an employee accrued accumulated sick leave that is eligible for conversion under s. 13.121 (4), 36.30, 230.35 (2), 233.10, 238.04 (8), or 757.02 (5), Stats. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee’s completion of educational courses is considered as part of the employee’s basic pay for purposes of this paragraph and s. 40.05, Stats.

ETF 10.01(3h) (3h) “Inactive participant” means, for purposes of the teachers retirement board election under s. ETF 10.10, a participant who is neither a participating employee, as defined in s. 40.02 (46), Stats., nor an annuitant as defined in s. 40.02 (4), Stats.

ETF 10.01(3i) (3i) “Maximum voluntary contribution” means the total amount eligible under section 415 (c) of the internal revenue code, as adjusted pursuant to section 415 (d) of the internal revenue code and the regulations promulgated pursuant to that section, to be contributed to the Wisconsin retirement system in a calendar year by or on behalf of a participating employee, less all required and employer-paid additional contributions which are includable in the limits of section 415 (c) of the internal revenue code, as determined by the department.

ETF 10.01 Note Note: A worksheet to assist the employee to estimate his or her maximum voluntary contribution is available from the department of employee trust funds at no charge.

ETF 10.01(3m) (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 or dependent of the participant.

ETF 10.01(3o) (3o) “Minimum retirement age” means the earliest age at which a person may qualify to receive a regular, non-disability annuity or a lump sum payment in lieu of an annuity from the Wisconsin retirement system.

ETF 10.01 Note Note: The term “minimum retirement age” currently is not used in ch. 40, Stats. or ETF administrative rules. The term is defined in this rule (CR 09-057) to be consistent with s. 40.23 (1) (a) (intro.), Stats., which describes the earliest age at which a retirement annuity may be taken.

ETF 10.01(3p) (3p) “Monthly compensation” means, for purposes of s. 40.19 (4) (g), Stats.:

ETF 10.01(3p)(a) (a) Where the compensation is paid on a weekly basis, the amount computed by multiplying the employee’s basic weekly pay rate by 4.3333.

ETF 10.01(3p)(b) (b) Where the compensation is paid on a biweekly basis, the amount computed by multiplying the employee’s basic biweekly pay rate by 2.1666.

ETF 10.01(3r) (3r) “Public school” means, for purposes of s. 15.165 (3) (a) 1., Stats., a cooperative educational service agency established under ch. 116, Stats., a county children with disabilities education board established under s. 115.817, Stats., and any school supported wholly or in part by public funds which is under the control and management of the state of Wisconsin or any subdivision of the state of Wisconsin and which is empowered by law to employ teachers; but does not mean the University of Wisconsin System, any school in the city of Milwaukee, a state agency or a vocational, technical and adult education district.

ETF 10.01(3s) (3s) “Qualified domestic relations order” or “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.

ETF 10.01(3t) (3t) “Reinstate,” for purposes of s. 40.25 (5) (a), Stats., means to restore a discharged employee to the previously held position, or a like position, with the participating employer, at the same pay and benefit level to which the employee would have been entitled if the employment had not been interrupted by the discharge. The court order, arbitration award or compromise settlement must direct that the disputed termination be expunged and the employee made whole with respect to all wages and benefits that the employee would have received if continuously employed by the participating employer under the conditions in effect prior to the disputed termination, except that the court order, arbitration award or compromise settlement may direct that back wages paid for the period of discharge be reduced by amounts earned from other sources and may identify a period of disciplinary suspension for which wages and benefits are not paid.

ETF 10.01(3w) (3w) “Salary index” means, for purposes of s. 40.26, Stats., for years prior to 1982, 5%.

ETF 10.01(4) (4) “School system” includes, for life insurance purposes, any public entity whose primary purpose is education.

ETF 10.01(4m) (4m) “School year” means, for purposes of s. 40.02 (3), Stats., the period beginning July 1 and ending the following June 30.

ETF 10.01(5) (5) “Student” means, for insurance purposes, a person, who is enrolled in an institution which provides a schedule of courses or classes and, whose principal activity is the procurement of an education. Full-time student status shall be defined by the institution in which the student is enrolled and shall include any usual vacation period if the child was a full-time student at the end of the previous term.

ETF 10.01(6) (6) “Summer vacation” means the time between the end of the regular school term of the school system in which the employee was last employed and the beginning of the next regular school term of that system.

ETF 10.01(6m) (6m) “Surviving Spouse” means the spouse to whom the deceased was married at the time of death. For purposes of determining a beneficiary under s. 40.02 (8) (a) 2., Stats., a judgment, order or decree of divorce, legal separation or annulment of the marriage terminates the marital relationship.

ETF 10.01 Note Note: 2007 Wis. Act 131 deleted the terms “widow or widower” from s. 40.08 (8) (a) 2., Stats., and replaced them with the term “surviving spouse.” This rule (CR 09-057) provides a definition for “surviving spouse.” The Wisconsin Retirement System (WRS) has allowed courts to order the division of WRS benefits in the property division associated with a legal separation because a legal separation is a termination of the marriage, at least for property division purposes. This treatment of the beneficiary definition is in conformity with that interpretation.

ETF 10.01(7) (7) “Three continuous years of creditable service” for purposes of s. 40.285, Stats., and s. ETF 20.17 means an uninterrupted period of at least 3 complete, non-overlapping annual earnings periods during each of which the participant earned some creditable current service. A period of continuous creditable service is considered interrupted if the participating employee is terminated from employment covered by the Wisconsin retirement system for a period of more than 90 calendar days. Service associated with contributions which have been debited to fund a benefit may not be applied toward continuous creditable service.

ETF 10.01 History History: Cr. Register, February, 1983, No. 326, eff. 3-1-83.; r. and recr. (intro.), am. (2) (intro.), cr. (3m), Register, June, 1983, No. 330, eff. 7-1-83; cr. (3w), Register, December, 1983, No. 336, eff. 1-1-84; cr. (3h) and (3s), Register, March, 1984, No. 339, eff. 4-1-84; am. (1), Register, April, 1984, No. 340, eff. 5-1-84; emerg. cr. (4m), eff. 1-1-85; cr. (4m), Register, March, 1985, No. 351, eff. 4-1-85; cr. (2m), Register, October, 1985, No. 358, eff. 11-1-85; cr. (1m), Register, May, 1986, No. 365, eff. 6-1-86; am. (1m) (a), Register, August, 1986, No. 368, eff. 9-1-86; r. (1) and (3), Register, September, 1986, No. 369, eff. 10-1-86; r. and recr. (2), Register, January, 1987, No. 373, eff. 2-1-87; cr. (3p), Register, March, 1987, No. 375, eff. 4-1-87; cr. (3), Register, June, 1992, No. 438, eff. 7-1-92; cr. (1g), Register, September, 1992, No. 441, eff. 10-1-92; cr. (3d), Register, October, 1992, No. 442, eff. 11-1-92; cr. (7), Register, June, 1995, No. 474, eff. 7-1-95; cr. (3i), Register, December, 1996, No. 492, eff. 1-1-97; cr. (3t), Register, July, 1997, No. 499, eff. 8-1-97; cr. (8) and (9), (1h) renum. from ETF 11.02 (1), Register, July, 1999, No. 523, eff. 8-1-99; corrections in (3s) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, July, 1999, No. 523; CR 00-022: cr. (1k), Register July 2001, No. 547 eff. 8-1-01; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register July 2005 No. 595; corrections in (3d) made under s. 13.93 (2m) (b) 7., Stats., Register September 2006 No. 609; CR 07-062: am. (7) Register June 2008 No. 630, eff. 7-1-08; CR 09-057: cr. (3o) and (6m) Register May 2010 No. 653, eff. 6-1-10; EmR0938: emerg. cr. (1r), r. and recr. (2), am. (3m), r. (9), eff. 1-1-10; CR 10-004: cr. (1L) and (1r), r. and recr. (2), am. (3m), r. (9) Register July 2010 No. 655, eff. 8-1-10; CR 11-040: am. (2) (b) 2., 3. Register July 2012 No. 679, eff. 8-1-12; CR 13-004: am. (3i) Register August 2013 No. 692, eff. 9-1-13; CR 12-054: am. (3i) Register October 2013 No. 694, eff. 11-1-13; correction in (7) made under s. 13.92 (4) (b) 7., Stats., Register October 2013 No. 694; CR 14-055: cr. (3e), am. (3i) Register May 2015 No. 713, eff. 6-1-15; CR 16-034: am. (2) (a) (intro.), r. (2) (a) 1., 2. Register April 2017 No. 736, eff. 5-1-17; cons. (a) (intro.) and 3. and renum. to (a) under ss. 13.92 (4) (b) 1. and 35.17, Stats., Register April 2017 No. 736; CR 19-126: am. (1k), (1L), (2) (a), (b) (intro.), cr. (2g), am. (3m), renum. (3s), (8) to (3r), (3s) and, as renumbered, am. (3s) Register May 2021 No. 785, eff. 6-1-21; CR 23-023: am. (3d) Register May 2024 No. 821, eff. 6-1-24.

ETF 10.03 ETF 10.03 Creditable service.

ETF 10.03(1) (1) For annual earnings periods beginning on or after January 1, 1985, each participating employer shall determine and report service in hours for each participating employee in the manner prescribed in this section. Earnings which are paid to a teacher, as defined in s. 40.02 (55), Stats., an educational support personnel employee, as defined in s. 40.02 (22m), Stats., or a technical college educational support personnel employee, as defined in s. 40.02 (55g), Stats., who has contracted to receive such payments on either a 9 or 10 month contract basis, and which are paid after the beginning of a school year, as defined in s. ETF 10.01 (4m), for services rendered in the preceding school year, are deemed to be received by the employee on June 30 of the preceding school year for purposes of reporting service to the department.

ETF 10.03(2) (2) The full-time equivalent of one day of service is 8 hours. If an employer has established workdays of other than 8 hours as full-time employment for some or all of its employees, the number of hours to be reported within a reporting period is determined by the participating employer by dividing the number of hours for which earnings are paid to the employee in the reporting period by the number of hours which would have been worked in that reporting period by a regular full-time employee of that employer in the same kind of employment and multiplying the result by 40 times the number of weeks and fractions of a week in the reporting period.

ETF 10.03(3) (3) For purposes of s. 40.02 (17), Stats., the full-time equivalent of one year of creditable service for a teacher, as defined in s. 40.02 (55), Stats., who is not an executive participating employee, as defined in s. 40.02 (30), Stats., is 1,320 hours and for all other participating employees the full-time equivalent of one year of creditable service is 1,904 hours.

ETF 10.03(4) (4) When a participating employee receives earnings from the same participating employer for employment in more than one of the categories under s. 40.23 (2) (b), Stats., then the following tests shall be applied by the participating employer when service and earnings are reported:

ETF 10.03(4)(a) (a) If employment in each of the categories meets the requirements of s. 40.22, Stats., by itself then the earnings and service shall be reported separately for each category.

ETF 10.03(4)(b) (b) If employment in any one category meets the requirements of s. 40.22, Stats., and all other employment does not, then earnings and service shall be added to and reported under the one category which meets the eligibility requirements of s. 40.22, Stats.

ETF 10.03(4)(c) (c) If employment in more than one category meets the qualifying requirements of s. 40.22, Stats., and all other employment does not, then earnings and service for employment in those categories which do not meet the qualifying requirements of s. 40.22, Stats., shall be added to and reported under:

ETF 10.03(4)(c)1. 1. That qualifying category in which the greatest number of hours is worked, or

ETF 10.03(4)(c)2. 2. The lowest numbered subdivision under sub. (5) (b) if the greatest number of hours worked is equal in 2 or more qualifying categories.

ETF 10.03(4)(d) (d) If employment in none of the categories meets the requirements of s. 40.22, Stats., separately, but those requirements are met when the employment is added together then earnings and service shall be added to and reported under:

ETF 10.03(4)(d)1. 1. That category in which the greatest number of hours is worked, or

ETF 10.03(4)(d)2. 2. The lowest numbered subd. under sub. (5) (b) if the greatest number of hours worked is equal in 2 or more categories.

ETF 10.03(5) (5)