Section 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.:

(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:

(a) Service reported by the military as active duty for training purposes.

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

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."

(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.

(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 finally approved for payment by the department. The date of final approval is the date recorded by the department in the voucher box on the "Single Sum Benefit Data," form ET-7102, or the electronic equivalent, associated with the benefit payment in question.

(1L)  In this section, "child" includes a natural child, stepchild, child of the insured domestic partner, 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.

(1m)  "Current basic pay rate" means:

(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.

(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.

(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) .

(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.

(2)  "Dependent" means:

(a) For life insurance purposes, an eligible employee's spouse or domestic partner and an employee's unmarried child, including natural child, stepchild, child of the domestic partner, adopted child and a child in an adoptive placement under s. 48.837 (1) , Stats., who is dependent upon the employee for at least 50% of support and maintenance and who is any of the following:

1. More than 14 days of age, but under the age of 19,

2. Age 19 or over but less than age 25 if a full-time student, or

3. 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.

(b) For health insurance purposes, an eligible employee's spouse, an eligible employee's domestic partner if the eligible employee has elected coverage for the domestic partner as provided by the health insurance contract, 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:

1. Under the age of 19,

2. Age 19 or older but less than age 26 as provided in s. 632.885 , Stats.

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.

(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.

(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.

(3d)  "Guardian" has the meaning given in s. 54.01 (10) , Stats., and includes conservators appointed pursuant to s. 54.76 , Stats.

(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.

(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.

(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.

(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, domestic partner or dependent of the participant.

(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.

(3p)  "Monthly compensation" means, for purposes of s. 40.19 (4) (g) , Stats.:

(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.

(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.

(3s)  "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.

(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.

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

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

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

(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.

(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.

(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.

(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.

(8)  "Valid qualified domestic relations order" or "valid 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 .