CR_11-045 Revises Chapters ETF 10 and 20, relating to governing rehired annuitants and separation from employment.  

  • Submittal of Rules to Legislative Council Clearinghouse
    Please check the Bulletin of Proceedings - Administrative Rules
    for further information on a particular rule.
    Employee Trust Funds
    On September 8, 2011, the Department of Employee Trust Funds submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
    This rule is not subject to s. 227.135 (2) , as affected by 2011 Wis. Act 21 . The statement of scope for this rule, published in Register No. 662 , on February 14, 2011 , was sent to the Legislative Reference Bureau prior to the effective date of 2011 Wis. Act 21 .
    Analysis
    The proposed rule revises Chapter ETF 11 to update the department appeal procedures, improve and clarify the appeal process for members, the hearing examiner, the boards that decide appeals, the department, and others who are involved in the process.
    Agency Procedure for Promulgation
    A public hearing is required and will be held on October 21, 2011, at 10:00 a.m. in the downstairs Conference Room GB at the offices of the Department of Employee Trust Funds, 801 West Badger Road, Madison, Wisconsin. The Department's General Counsel is primarily responsible for this rule.
    Contact Information
    David H. Nispel, General Counsel
    Telephone:   (608) 264-6936
    Employee Trust Funds
    On September 9, 2011, the Department of Employee Trust Funds (ETF) submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse. The rule is in relation to compliance with the Internal Revenue Code.
    This rule is not subject to s. 227.135 (2) , as affected by 2011 Wis. Act 21 . The statement of scope for this rule, submitted to the Legislative Reference Bureau on January 05, 2011 and published in the Administrative Register No. 661 , on January 31, 2011 , was received by the Legislative Reference Bureau prior to the effective date of 2011 Wis. Act 21 .
    Analysis
    The proposed rule revises Chapters ETF 10 and 20 , relating to maintaining the tax-qualified status of the Wisconsin Retirement System.
    As the administrator of the Wisconsin Retirement System (WRS), ETF is responsible for ensuring the the WRS complies with all applicable provisions of the Internal Revenue Code (IRC) in order to maintain the tax-qualified status of the WRS. IRC s. 401 (a) (16) provides that a trust is not a qualified trust under IRC s. 401 (a) if the plan of which such trust is a part provides for benefits or contributions that exceed the s. 415 limits. In addition, ETF must ensure that the limits on annual compensation used to calculate benefits are applied in accordance with IRC s. 401 (a) (17).
    Agency Procedure for Promulgation
    A public hearing is required for this rule. The hearing date, once scheduled, will be preceded by a notice of public hearing pursuant to ss. 227.17 and 227.18 , Stats. The departments Office of Policy Privacy and Compliance is primarily responsible for this rule.
    Contact Information
    Mary Alice McGreevy, Compliance Officer
    Telephone:   (608) 267-2354
    (Correction of notice published in September 14, 2011 Register No. 669 )*
    Transportation
    On August 31, 2011, the Department of Transportation submitted a proposed rule to the Wisconsin Legislative Council Rules Clearinghouse.
    This rule is not subject to s. 227.135 (2) , as affected by 2011 Wis. Act 21 . The statement of scope for this rule,published in Administrative Register No. 665 on May 31, 2011 was sent to the Legislative Reference Bureau prior to the effective date of 2011 Wis. Act 21 .
    Analysis
    The proposed rule revises section Trans 100.02 , relating to changes to motor vehicle liability insurance limits.
    Agency Procedure for Promulgation
    A public hearing is not required for this rule. According to the procedure set forth in s. 227.16 (2) (b) , Stats., the Wisconsin Department of Transportation proposes to adopt the rule amending Ch. Trans 100 without public hearing. The proposed rulemaking will bring Ch. Trans 100 into conformity with a statute that has been changed or enacted, namely the provisions of ch. 344 , Stats., as amended by 2011 Wis. Act 14 . The departments Division of Motor Vehicles, Safety Responsibility is primarily responsible for promulgation of the rule.
    Contact Information
    Jane Dederich, Accident Records Unit Supervisor, Division of Motor Vehicles
    Room 804
    P.O. Box 7983
    Madison, WI 53707-7983
    Telephone: (608) 264-7236
    *NOTE: The notice incorrectly stated:
    "The rule is in relation to rehired annuitants and separation of employment."