Section 50.30. Eligibility for a disability annuity.

 

(1)  A person may be eligible for a disability annuity under s. 40.63 , Stats., provided the person meets all of the following requirements:

(a) The person was a participating employee on October 15, 1992, and continuously employed from October 15, 1992, until taking a final leave of absence, or terminating employment, due to the disability. "Continuously employed" in this paragraph shall have the same meaning as in s. ETF 50.44 (2) (b) .

(b) The person is not covered under the long-term disability insurance under subch. III .

(c) The person is a participant in the Wisconsin retirement system.

(1m)  For purposes of eligibility under s. 40.63 (2) , Stats., employment which is substantial gainful activity has intervened if, during any 12 consecutive calendar months beginning with the first of the month following the date service for the participating employer terminated, the participant received aggregate earnings, wages, salary and other earned income exceeding the annual dollar amount determined under s. 40.63 (11) , Stats., that is in effect at the end of the 12 consecutive calendar month period.

(2)  If the department determines that an applicant does not meet the requirements of s. 40.63 (1) (a) , Stats., or this subchapter, the department shall deny the application. The applicant may file a written request for an appeal to the appropriate board under ch. ETF 11 no later than 90 days after the date the department's determination was mailed to the applicant.

(3)  In measuring creditable service earned in a calendar year for purposes of s. 40.63 (1) (a) , Stats., and in totaling accumulated creditable service for purposes of s. 40.63 (4) , Stats., the creditable service shall be determined based upon the service that would have been credited if the participant's account had not been divided by a qualified domestic relations order to which s. 40.08 (1m) (b) 1. , Stats., applied.

(4)  For purposes of benefits administered under ch. 40 , Stats. , the participant shall be treated as terminated for all ch. 40 , Stats. , purposes effective on the date before the s. 40.63 , Stats., annuity is effective or on the termination date reported to the department by the employer, whichever is earlier. The benefits include, but are not limited to, health insurance coverage, sick leave credit usage, life insurance coverage, income continuation insurance coverage, Wisconsin retirement system coverage and death benefits under s. 40.73 (1) (am) and (c) , Stats., and deferred compensation contributions and benefits under s. 40.80 , Stats. This rule does not preclude a participating employer from placing the participant on an administrative leave of absence for purposes of benefits not administered under ch. 40 , Stats.

History: Cr. Register, September, 1983, No. 333 , eff. 10-1-83; emerg. renum. to be (2) and am., cr. (1), eff. 10-15-92; renum. to be (2) and am., cr. (1) and (1m), Register, May, 1993, No. 449 , eff. 6-1-93; cr. (3), Register, July, 1999, No. 523 , eff. 8-1-99; am. (1m), Register, September, 2000, No. 537 , eff. 10-1-00; CR 08-026 : cr. (4) Register September 2009 No. 645 , eff. 10-1-09.