Chapter ETF 10

ETF 10.10(11)(g) (g) The ballot was not received within the period prescribed by the election notice.

ETF 10.10(11)(h) (h) The vote was not cast in the manner prescribed by the secretary under sub. (9) (ar).

ETF 10.10(12) (12) Special situations.

ETF 10.10(12)(a) (a) Insufficient number of candidates for holding an election. If the number of candidates whose nomination petitions are approved by the department is equal to or less than the number of positions to be filled within an election category, all of the following shall apply:

ETF 10.10(12)(a)1. 1. The department shall not schedule an election.

ETF 10.10(12)(a)2. 2. The election committee shall not be appointed or convened.

ETF 10.10(12)(a)3. 3. The department shall declare all candidates as elected.

ETF 10.10(12)(b) (b) Multiple positions to be filled in an election category that do not have an equivalent amount of time remaining in a term. If there are multiple positions to be filled within an election category and the vacant positions have different amounts of time remaining, the following shall apply:

ETF 10.10(12)(b)1. 1. If an election has been held, the candidate with the most votes shall receive the position with the most time remaining. The candidate with the second most votes shall receive the position with the second most time remaining, and so forth for any remaining candidates and positions.

ETF 10.10(12)(b)2. 2. If an election is not held because the number of candidates is equal to or less than the number of positions to be filled, but there are multiple candidates for the available positions, positions will be selected by the drawing of lots. If there is only one candidate and multiple vacant positions, the candidate will receive the position with most time remaining, unless the candidate requests otherwise from the secretary.

ETF 10.10(13) (13) Tabulation of votes. The candidate who receives the largest number of votes shall be elected. The election committee shall break a tie by the drawing of lots. The counting of votes shall be conducted under the direction of the secretary or the secretary’s designee.

ETF 10.10(14) (14) Notification of election results. For elections scheduled because a term is due to expire, the department shall notify all candidates of the results by certified mail before May 1 following the close of the election. If the department calls an election for any reason other than the expiration of a term, the department shall notify all candidates by certified mail of the results of the election within 15 days of the close of the election.

ETF 10.10(15) (15) Retention of board election materials. The department shall retain election reports, nominating petitions, and ballots for at least 1 year after the election is completed.

ETF 10.10(16) (16) Recount of results. A candidate may request no more than one recount per election. To request a recount, the candidate shall submit a written request to the secretary within 10 business days of the date that the candidates were notified of the certified election results under sub. (14). A recount shall be conducted under the direction of the secretary or designee. If the recount results change the ranking of the candidates, the recount results shall be certified by the election committee under sub. (10) and shall stand as the final election results.

ETF 10.10 History History: Cr. Register, March, 1984, No. 339, eff. 4-1-84; r. (5) and am. (7) (intro.), Register, January, 1985, No. 349, eff. 2-1-85; am. (10), Register, September, 1992, No. 441, eff. 10-1-92; am. (1) to (7) (a), (7) (c) to (11) (b), (d), (12), (13) and (15) to (17), cr. (1m) and (11) (e), r. (14), Register, April, 1993, No. 448, eff. 5-1-93; corrections made under s. 13.93 (2m) (b) 6., Stats., Register, July, 1997, No. 499; am. (1), (1m) (b) and (7) (intro.), Register, December, 2000, No. 540, eff. 1-1-01; correction in (6) made under s. 13.92 (4) (b) 6., Stats., Register September 2009 No. 645; CR 12-020: am. (1), cr. (1m) (title), am. (2), r. and recr. (3), (4), cr. (5), r. and recr. (6), (7), (8), (9), am. (11) (intro), cr. (11) (f) to (h), renum. (12) to be (12) (a) (intro), 1., 2., 3., cr. (12) (b), r. (13), renum. (15), (16), (17) to be (13), (14), (15) and am., cr. (16) Register May 2013 No. 689, eff. 6-1-13; renum. (2) (intro), (a), (8) (intro), (a), (9) (intro), (a) to be (2) (ag), (ar), (8) (ag), (ar), (9) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., cr. (2) (ag) (title), (8) (ag) (title), (9) (ag) (title) under s. 13.92 (4) (b) 2., Stats., Register May 2013 No. 689.

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

ETF 10.12(1g) (1g) Procedure. The governing body of a separate retirement system qualifying under sub. (5) may request participation in the retirement trust fund by the adoption of a resolution accepting the provisions of this section in a form approved by the department. A certified copy of the resolution shall be forwarded to the department and participation shall be effective on the first day of the month following board approval of the resolution under s. 40.03 (1) (n), Stats. Funds may be delivered or sent to the department subject to this section.

ETF 10.12(1r) (1r) Deposits.

ETF 10.12(1r)(a) (a) Deposits shall be made in accordance with instructions issued by the department.

ETF 10.12(1r)(b) (b) The separate retirement system may designate any portion of its deposit for investment in the variable retirement investment trust. Deposits shall be invested in the core retirement trust unless otherwise designated.

ETF 10.12(1r)(c) (c) The separate retirement system shall provide the department 30 days advance notice of any deposit in excess of $10 million. This requirement may be waived by the secretary.

ETF 10.12(1r)(d) (d) Deposits in the core and variable retirement investment trusts shall be accepted on the last working day of the month only, even if actually received earlier. Each investment shall be effective the last day of the month for purposes of investment valuation.

ETF 10.12(2) (2) Investment valuation. Investments by a separate retirement system shall be valued as follows:

ETF 10.12(2)(a) (a) The current market values of the core and variable retirement investment trusts shall be determined as of the close of the last calendar day of the month.

ETF 10.12(2)(b) (b) The market gain or loss of the core and variable retirement investment trusts shall each be determined for the month, net of administrative and investment costs.

ETF 10.12(2)(c) (c) Each separate retirement system’s share of the respective retirement investment trust’s market gain or loss shall be determined and credited effective the close of the last calendar day of the month.

ETF 10.12(2)(d) (d) Each separate retirement system’s share of the retirement investment trust’s market gain or loss shall be calculated as the total retirement investment trust’s gain or loss multiplied by that separate retirement system’s proportionate share of the average daily net assets available for investment during the month.

ETF 10.12(2)(e) (e) The core or variable retirement investment trust’s average daily net assets available for investment during the month shall be calculated as the sum of its daily beginning asset balances divided by the number of calendar days in the month.

ETF 10.12 Note Note: This rule (CR 09-057) replaces the term “fixed”, when referring to the retirement investment trust, with the term “core” when referring to that retirement investment trust. 2005 Wis. Act 153 changed the name of the Fixed Fund to the Core Fund. This rule replaces the term “fixed” with the term “core” wherever it appears in the ETF administrative rules, specifically in ss. ETF 10.12 (1r) (b) and (d) and (2) (a) (b) and (e); 10.25 (intro.), (1) (a) and (b), (2), (3) (intro.), (b), (c) and (d) and (4); 10.30 (4) (a) and (b), (5) (a) 1., 2., 3. b., and (f); 11.16 (2) (a); 20.23 (2); and 20.25 (intro.), (1) (a) and (2).

ETF 10.12(2)(f) (f) Each separate retirement system’s average daily net assets available for investment during the month shall be calculated as the sum of its daily beginning asset balances divided by the number of calendar days in the month.

ETF 10.12(3) (3) Reports. The department shall provide, at least quarterly, each separate retirement system a report showing all transactions in its account during the preceding quarter and the current value of the system’s investment.

ETF 10.12(4) (4) Withdrawals.

ETF 10.12(4)(a) (a) Requests for withdrawal of funds shall be on a form prescribed by and in accordance with instructions issued by the department.

ETF 10.12(4)(b) (b) The separate retirement system shall provide the secretary no less than 21 days advance notice of any withdrawal.

ETF 10.12(4)(c) (c) Withdrawals by a separate retirement system shall be limited in any calendar month to one withdrawal paid on the last working day of the month of the greater of:

ETF 10.12(4)(c)1. 1. 5% of the system’s balance on deposit or as was last calculated by the department,

ETF 10.12(4)(c)2. 2. $2 million, or

ETF 10.12(4)(c)3. 3. Such other amount as the secretary, after consulting with respect to each withdrawal with the executive director of the state of Wisconsin investment board, determines may be withdrawn without necessitating the premature liquidation of any investment or imprudently reducing cash holdings of the trust fund or otherwise causing actual harm to the participants of the Wisconsin retirement system who have a beneficial interest in the trust fund and its earnings.

ETF 10.12(4)(d) (d) For investment valuation purposes, withdrawals shall be treated as if effective at the close of the last calendar day of the month.

ETF 10.12(4)(e) (e) If a separate retirement system’s balance on deposit drops below $2 million, that system’s investment shall be refunded and the account closed.

ETF 10.12(5) (5) Participating employers eligible.

ETF 10.12(5)(a) (a) “Separate retirement system” for purpose of this section and s. 40.03 (1) (n) and (2) (q), Stats., means a pension benefit plan which is all of the following:

ETF 10.12(5)(a)1. 1. Established by the state or a political subdivision of the state which is also a participating employer subject to the provisions of the Wisconsin retirement system under s. 40.21, Stats.

ETF 10.12(5)(a)2. 2. A governmental plan as defined by 26 USC 414 (d) and 29 USC 1003 (32).

ETF 10.12(5)(a)3. 3. Qualified for federal tax purposes under the applicable provisions of the internal revenue code.

ETF 10.12(5)(a)4. 4. Maintained and administered for the exclusive benefit of the employees of that employer and their beneficiaries.

ETF 10.12(5)(b) (b) Any separate retirement system that fails to certify upon the department’s request, and at least annually, that it continues to meet the criteria of par. (a), and any separate retirement system that the department determines does not meet the criteria of par. (a), shall be compelled to withdraw its entire investment as rapidly as permitted under sub. (4).

ETF 10.12(6) (6) Termination of program. The employee trust funds board or the secretary of the department may close the investment option under s. 40.03 (1) (n), Stats., to any or all separate retirement systems and compel withdrawal of investments under sub. (4) if the board or the secretary determines that the separate retirement system investment interferes with the duty to manage, administer, invest and otherwise deal with the public employee trust fund solely for the benefit of the participants in the benefits plans under ch. 40, Stats., and their beneficiaries as provided in that chapter.

ETF 10.12 Note Note: This rule requires a form which is available at no charge. The form can be obtained by writing to: department of employee trust funds, P.O. Box 7931, Madison, WI 53707-7931, or by calling: [phone] or toll free at [phone].

ETF 10.12 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; am. (2) (e) and (f), Register, December, 1990, No. 420, eff. 1-1-91; am. (4) (b) and (c) and r. (4) (d), Register, June, 1998, No. 510, eff. 7-1-98; CR 05-114: renum. (intro.) to be (1g) and am., renum. (1) (a), (b) and (c) to be (1r) (a), (b) and (c), r. (1) (d), cr. (1r) (d), (4) (d), (5) and (6), r. and recr. (2), am. (4) (c) (intro.) Register September 2006 No. 609, eff. 10-1-06; CR 09-057: am. (1r) (b), (d), (2) (a), (b) and (e) Register May 2010 No. 653, eff. 6-1-10.

ETF 10.15 ETF 10.15 Annuity reserves. The amounts credited to and the liabilities of the reserves for annuities granted shall be determined by the actuary on the basis of separate male-female experience with adjustments as necessary to reflect actual and projected experience of participants under the retirement system and not on the basis of the combined male-female experience used in individual benefit computations.

ETF 10.15 History History: Renum. from ETF 7.07 and am. Register, December, 1983, No. 336, eff. 1-1-84.

ETF 10.20 ETF 10.20 Approval of group insurance plans for state employees.

ETF 10.20(1) (1) In addition to group insurance plans specifically provided in ch. 40, Stats., and pursuant to s. 20.921 (1) (a) 3., Stats., the group insurance board shall approve or disapprove group insurance plans for which payment of premiums is made through payroll deductions.

ETF 10.20(1)(a) (a) The group insurance board shall determine, after notice and hearing, whether the group insurance plan fulfills an important coverage need through consideration of, but not limited to, the following factors:

ETF 10.20(1)(a)1. 1. Number of employees affected.

ETF 10.20(1)(a)2. 2. Amount and variation in premiums.

ETF 10.20(1)(a)3. 3. Adequacy of other approved coverage providing the same or similar protection.

ETF 10.20(1)(a)4. 4. Duration of contract.

ETF 10.20(1)(a)5. 5. History, performance and acceptance of the plan by the employees.

ETF 10.20(1)(a)6. 6. New or additional coverage provided.

ETF 10.20(1)(b) (b) The group insurance board shall determine whether the plan is adequately supervised through consideration of, but not limited to, the following factors:

ETF 10.20(1)(b)1. 1. Continuing representation of employee participants with professional insurance guidance.

ETF 10.20(1)(b)2. 2. Maintenance of adequate statistical records relating to retentions, experience, premiums, participants and other data necessary for actuarial computations.

ETF 10.20(1)(b)3. 3. Procedures for negotiating coverage.

ETF 10.20(2) (2) Notwithstanding approval granted to any plan under sub. (1), the group insurance board may subsequently withdraw its approval, after notice and hearing, upon finding that the plan does not meet the criteria established by sub. (1) (a). Withdrawal of approval shall be effective, at the discretion of the group insurance board, on the first day of the month subsequent to issuance of a finding that the plan does not meet the criteria pursuant to sub. (1) (a) or on the anniversary date of the contract under which the plan is provided.

ETF 10.20 History History: Renum. from ch. Grp 26 and am. Register, December, 1983, No. 336, eff. 1-1-84.

ETF 10.25 ETF 10.25 Core retirement investment trust participation in the variable retirement investment trust. The core retirement investment trust may invest in the variable retirement investment trust subject to the following:

ETF 10.25(1) (1) Combined stock fund. A combined stock fund shall be established and shall operate as a separate account within the variable retirement investment trust as follows:

ETF 10.25(1)(a) (a) All investments in common and preferred stock by the core retirement investment trust and the variable retirement investment trust shall be made through the combined stock fund account.

ETF 10.25(1)(b) (b) The trusts shall transfer funds to be invested in common and preferred stocks to the combined stock fund account. In exchange, the core retirement investment trust and variable retirement investment trust shall receive shares in the combined stock fund.

ETF 10.25(1)(c) (c) Shares in the combined stock fund may be purchased only as of the first day of each month.

ETF 10.25(1)(d) (d) All shares purchased in the combined stock fund shall, at the time of purchase, have a book value of one dollar per share.

ETF 10.25(2) (2) Investment of combined stocks. All funds received in the combined stock fund from the core retirement investment trust and the variable retirement investment trust shall be used to invest in common or preferred stocks or the state investment fund.

ETF 10.25(3) (3) Earnings distributions. Earnings shall be distributed from the combined stock fund to the core retirement investment trust and the variable retirement investment trust according to the following:

ETF 10.25(3)(a) (a) The book value of all investments in the combined stock fund shall be adjusted to current market value as of the last day of each month. The appraisal gain or loss shall be recognized in the month incurred.

ETF 10.25(3)(b) (b) As of the last day of each month the combined stock fund shall distribute to the core retirement investment trust and the variable retirement investment trust all income recorded for that month including interest received, dividends received, gain or loss realized on the sale of investments and the unrealized gain or loss recognized on the adjustment of investment book value to market value. Following these distributions the unit value of shares in the combined stock fund shall be one dollar.

ETF 10.25(3)(c) (c) For any month, the distribution of income between the core retirement investment trust and the variable retirement investment trust shall be based on the ratio of the relative number of combined stock fund shares held by each trust as of the first day of that month to the total number of combined stock fund shares outstanding.

ETF 10.25(3)(d) (d) Monthly distributions from the combined stock fund to the core retirement investment trust resulting from gains or losses realized on the sale of investments or unrealized appraisal gains or losses shall be transferred to the transaction amortization account. Distributions resulting from all other sources shall be recognized as current income to the core retirement investment trust in the month of distribution.

ETF 10.25(3)(e) (e) All distribution to the variable retirement investment trust shall be treated as current income in the month of distribution.

ETF 10.25(4) (4) Withdrawals. The core retirement investment trust or the variable retirement investment trust may withdraw funds from the combined stock fund as of the first day of any month. The withdrawal shall be accomplished by selling combined stock fund shares to the combined stock fund. Withdrawals made after the first day of any month shall be deemed to have been made on the first day of that month for purposes of distributing income at the end of that month.

ETF 10.25 History History: Cr. Register, October, 1985, No. 358, eff. 11-1-85; r. and recr. (1), r. (2) and (4) (a), renum. (3), (4) (intro.), (b) to (f) and (5) to be (2) to (4), Register, December, 1990, No. 420, eff. 1-1-91; CR 09-057: am. (intro.), (1) (a), (b), (2), (3) (intro.), (b), (c), (d) and (4) Register May 2010 No. 653, eff. 6-1-10.

ETF 10.30 ETF 10.30 Variable division participation.

ETF 10.30(1) (1) Purpose. The purpose of this section is to interpret s. 40.04 (7), Stats. This section establishes the procedures for electing to participate, participating and electing to terminate participation in the variable division of the trust fund.

ETF 10.30(1m) (1m) Definitions. In this section, “new participant” means any of the following:

ETF 10.30(1m)(a) (a) A person initially qualifying as a participant as defined by s. 40.02 (45), Stats., who has never previously been a participant in the Wisconsin retirement system or Wisconsin retirement fund or a member of the state teachers retirement system or Milwaukee teacher retirement fund.

ETF 10.30(1m)(b) (b) A person who was previously a participant but whose Wisconsin retirement system account was closed because of payment of a lump sum benefit under s. 40.25, Stats., and who returns to covered employment for the first time since the account closure. The term “new participant” does not include a person whose closed account is reestablished under s. 40.25 (5), Stats.

ETF 10.30(2) (2) Eligibility for and effective dates of participation in the variable division.

ETF 10.30(2)(a) (a) An election to participate, or terminate participation, in the variable division shall be made on a form provided by the department. Except as provided in sub. (3), an election to participate in the variable division shall become effective for future contributions on the January 1 following receipt of the form by the department.