Section 50.42. Definitions.

  Words, phrases and terms used in this subchapter have the same meaning as set forth in s. 40.02 , Stats., and s. ETF 10.01 , except as defined in this subchapter or where the context clearly indicates a different meaning. In this subchapter:

(1)  "Claimant" means a person making a claim for long-term disability benefits under this subchapter.

(2)  "Earnings limit" means an amount equal to $6,573 for determinations made in the calendar year commencing on January 1, 1992, and for determinations made in subsequent calendar years, this amount shall be increased by the salary index for each subsequent year, ignoring fractions of the dollar.

(3)  "Final average salary" or "FAS" means:

(a) Except as provided in par. (b) , a monthly rate of earnings, ignoring any fractions of a dollar, obtained by dividing 36 into the participant's total earnings received and for which contributions are made under s. 40.05 (1) and (2) , Stats., during the 3 annual earnings periods (excluding any period more than 3 years prior to the effective date for any participating employer) in which the earnings were the highest.

(b) If the claimant does not meet the minimum service requirements of s. ETF 50.50 (2) (b) and the claimant's medically determinable impairment is a result of employment as a participating employee for an employer, then the FAS is calculated as follows:

1. Divide the total earnings received by the employee in the portion of the annual earnings period in which the last day paid occurs and the 2 immediately preceding annual earnings periods by,

2. The number of months, with all fractions of a month rounded to the next higher whole number, between the last day paid and the commencement date of the earliest annual earnings period in subd. 1. or, if later, the date the claimant commenced participating employment.

(3m)  "Last day paid," with respect to a claimant under this subchapter, has the same meaning as in s. ETF 50.32 (1) .

(4)  "Last rendered services" means most recently performed actual work for which entitled to earnings, excluding any subsequent period on sick leave, other paid leave, vacation, compensatory time or worker's compensation temporary disability benefits.

(5)  "Long-term disability insurance" or "LTDI" means long-term disability insurance as provided under this subchapter.

(6)  "Medically determinable impairment" means an impairment which has medically demonstrable anatomical, physiological or psychological abnormalities. The described abnormalities are medically determinable if they manifest themselves as signs or laboratory findings apart from symptoms which are not medically determinable.

(7)  "Recipient" means a person receiving LTDI benefits under this subchapter.

(8)  "Substantial gainful activity" has the same meaning as stated in s. ETF 50.32 (3) .

(9)  "Totally and permanently disabled" means the inability to engage in any substantial gainful activity by reason of a medically determinable impairment, whether physical or mental, which can reasonably be expected to result in death or to be permanent, or of indefinite and long-continued duration.

History: Emerg. cr. eff. 10-15-92; cr. Register, May, 1993, No. 449 , eff. 6-1-93.