ETF 52.14(3) (3) The treatment of s. 40.65 (5) (a) and (b) (intro.), 1985-86 Stats., by 1987 Wis. Act 363, concerning duty disability benefit amounts and withholding 5% pending resolution of worker’s compensation benefits, does not apply to a state employee not covered by a collective bargaining agreement under subch. V of ch. 111, Stats., until the office of state employment relations notifies the department that the treatment was recommended by the director of the office of state employment relations and approved by the joint committee on employment relations.

ETF 52.14 Note Note: See 1987 Wis. Act 363, section 11 (3), concerning initial applicability.

ETF 52.14 History History: Cr. Register, September, 1998, No. 513, eff. 10-1-98.

ETF 52.15 ETF 52.15 Reduction of duty disability monthly salary based on years of service.

ETF 52.15(1) (1) As of the date of receipt of the duty disability application, the department shall apply s. 40.65 (5) (a), Stats., as follows:

ETF 52.15(1)(a) (a) If creditable service is 25 years or less, no reduction will be applied.

ETF 52.15(1)(b) (b) If the participant is eligible for benefits under subchapter II of ch. 40, Stats., the reduction will be 0.5% for each month of creditable service over 25 years.

ETF 52.15(1)(c) (c) If the participant is not eligible for benefits under subchapter II of ch. 40, Stats., the reduction will be 0.5% for each month of creditable service over 30 years.

ETF 52.15(1)(d) (d) The duty disability monthly salary will not be reduced to less than 50% if the participant qualifies for benefits under s. 40.63, Stats., subchapter III of ch. ETF 50, or disability benefits under OASDHI.

ETF 52.15(2) (2) For purposes of this section, to be eligible for benefits under subchapter II of ch. 40, Stats., on the date the duty disability application is received by the department, the participant must have terminated from covered employment and the participant may not have been approved for benefits under s. 40.63, Stats., or benefits under subchapter III of ch. ETF 50.

ETF 52.15(3) (3) Except as otherwise provided in sub. (4), for purposes of this section, creditable service includes military service if, as of the date of receipt of the application:

ETF 52.15(3)(a) (a) The service has already been credited to the participant’s WRS record; or

ETF 52.15(3)(b) (b) The department has received all documentation required for crediting military service for the participant.

ETF 52.15(4) (4) Military service will not be considered if the documentation required for crediting military service is received by the department after the date the department receives the duty disability application.

ETF 52.15 History History: CR 13-029: cr. Register November 2013 No. 695, eff. 12-1-13.

ETF 52.16 ETF 52.16 Reductions in monthly duty disability benefits.

ETF 52.16(1) (1) In general.

ETF 52.16(1)(a) (a) Income guarantee. The duty disability benefit for eligible protective occupation participants shall be administered as an income guarantee program. The amount equal to the percentage of monthly salary guaranteed under s. 40.65 (5) (a), Stats., or under s. ETF 52.14 for state employees to whom s. 40.65 (5) (a), Stats., does not apply, and adjusted under s. ETF 52.12 (3), is both the guaranteed monthly income amount and the maximum amount payable as monthly duty disability benefits. If the combined income from all sources listed in s. 40.65 (5) (b) 1. to 6., Stats., does not equal or exceed the guaranteed amount, then the difference will be made up by duty disability benefits. To determine the monthly amount of duty disability benefits payable to an eligible person, the department shall determine the dollar amount of the guaranteed percentage of monthly salary then subtract all earnings and OASDHI, unemployment compensation, worker’s compensation, disability and retirement benefits as provided in s. 40.65 (5) (b) 1. to 6., Stats., and this section.

ETF 52.16(1)(b) (b) Receipt assumed. The department may assume that any benefit or amount listed s. 40.65 (5) (b) 1. to 6., Stats., is payable to a participant until it is determined to the department’s satisfaction that the participant is ineligible to receive the benefit or amount.

ETF 52.16(1)(c) (c) No carryover. All amounts described in s. 40.65 (5) (b) 1. to 6., Stats., received by a person entitled to duty disability benefits after that person’s effective date shall apply to reduce the person’s maximum monthly duty disability benefit in the month in which received without any carryover to other months, except that lump sum payments of worker’s compensation benefits shall reduce duty disability benefits as provided in s. 40.65 (5) (b) 3., Stats., and sub. (4) and lump sum payments of disability or retirement benefits under s. 40.65 (5) (b) 4., Stats., shall reduce duty disability benefits as provided in that subdivision.

ETF 52.16(1)(d) (d) Limit on reductions. Duty disability benefits for a particular month may not be reduced below zero.

ETF 52.16(2) (2) Oasdhi benefits. The reduction of monthly duty disability benefits for OASDHI benefits received shall be affected by annual increases in monthly OASDHI benefits. If OASDHI benefits are increased for a month during which the recipient is also entitled to duty disability benefits and the department is administratively unable to immediately adjust the person’s monthly duty disability benefits, then any excess duty disability benefits paid for that month as a result shall be treated as an overpayment of duty disability benefits as provided in s. ETF 52.20.

ETF 52.16(3) (3) Unemployment compensation. Maximum duty disability benefits shall be reduced by the amount of unemployment compensation benefit paid to the participant for that month regardless of who employed the participant or the nature or period of employment which is the basis for the benefit.

ETF 52.16(4) (4) Worker’s compensation.

ETF 52.16(4)(a) (a) Withholding requirement. Until the worker’s compensation permanent disability benefits payable to the participant are paid or otherwise determined, the department shall withhold from each monthly payment of duty disability benefits an amount equal to 5% of the maximum monthly duty disability benefits, except as otherwise provided by s. ETF 52.14.

ETF 52.16(4)(b) (b) If a person subject to 5% withholding under par. (a) subsequently receives a lump sum payment of worker’s compensation benefits, including a lump sum payment made pursuant to a compromise settlement under s. 102.16 (1), Stats., the department shall do one of the following:

ETF 52.16(4)(b)1. 1. If the participant receives a lump sum worker’s compensation payment or compromise settlement, only the portion of the lump sum which exceeds the accumulated total of the amounts then withheld under this subsection shall be treated as a lump sum under s. 40.65 (5) (b) 3., Stats., for purposes of reducing the participant’s monthly duty disability benefits.

ETF 52.16(4)(b)2. 2. If the accumulated total of the amounts withheld under this subsection exceeds the participant’s lump sum worker’s compensation payment or compromise settlement, then the difference between the duty disability benefit that was paid and the benefit that would have been paid had the 5% not been withheld shall be refunded to the participant when the participant’s worker’s compensation benefits have been determined and the lump sum payment shall not otherwise reduce monthly duty disability benefits.

ETF 52.16(4)(c) (c) Payable to the participant. Worker’s compensation benefits payable to the participant, within the meaning of s. 40.65 (5) (b) 3., Stats., are all worker’s compensation benefits other than amounts expressly identified in the worker’s compensation order, or order approving a compromise settlement, as being paid as attorney fees, as medical expenses or as reimbursement for other costs, or any amounts awarded under s. 102.18 (1) (bp) or 102.22 (1), Stats.