Section 50.58. Special provisions applicable to certain categories of employment.

 

(1)   Protective occupation participants.

(a) Not totally and permanently disabled. Notwithstanding s. ETF 50.50 (3) , an otherwise qualifying claimant who is a protective occupation participant is not disqualified from receiving LTDI benefits although not totally and permanently disabled, provided all of the following apply:

1. The claimant has accumulated 15 or more years of creditable service and also meets the requirements of s. ETF 50.50 (2) (b) .

2. The claimant would attain age 55 in 60 months or less after the occurrence of disability.

3. The medical evidence, as provided in s. ETF 50.50 (6) , establishes a disability to the extent that the participant can no longer efficiently and safely perform the duties required by the participant's position, and that the condition is likely to be permanent.

(b) Integration with benefits under s. 66.191, 1981 Stats. Any person entitled to payments of LTDI benefits who may otherwise be entitled to payments under s. 66.191 , 1981 Stats., may file with this department and the department of workforce development a written election to waive payments due under this subchapter and accept in lieu of the payments under this subchapter payments as may be payable under s. 66.191 , 1981 Stats., but no person may receive payments under both s. 66.191 , 1981 Stats., and this subchapter. However, any person otherwise entitled to payments under this subchapter may receive the payments, without waiver of any rights under s. 66.191 , 1981 Stats., during any period as may be required for a determination of the person's rights under s. 66.191 , 1981 Stats. Upon the final adjudication of the person's rights under s. 66.191 , 1981 Stats., if waiver is filed under this paragraph, the person shall immediately cease to be entitled to payments under this subchapter and the LTDI account shall be reimbursed from the award made under s. 66.191 , 1981 Stats., for all payments made under this subchapter.

(c) Exceeding earnings limit. Notwithstanding s. ETF 50.56 (4) (a) , LTDI benefits for a recipient under sub. (1) may not be terminated for exceeding the earnings limit. The payment of LTDI benefits shall be suspended and no LTDI benefits shall be payable after the first of the month in which a determination is made by the department that the recipient has received during the calendar year earnings or other earned income exceeding the earnings limit. Payment of LTDI benefits suspended under this paragraph shall resume on the first day of the next calendar year.

(d) Reemployment in law enforcement or fire fighting. Payment of LTDI benefits shall be immediately terminated upon employment of a recipient under sub. (1) in a law enforcement or fire fighting capacity.

(2)   Elected officials. For purposes of the department's determination of eligibility under s. ETF 50.50 (1) , an elected official shall be considered to have terminated active service due to disability if the medically determinable impairment is determined to exist at the end of the elected official's term of office.

History: Emerg. cr. eff. 10-15-92; cr. Register, May, 1993, No. 449 , eff. 6-1-93; CR 11-040 : am. (1) (b) Register July 2012 No. 679 , eff. 8-1-12.

Note

The accumulated creditable service need not be in the protective employment category and may include military service. Microsoft Windows NT 6.1.7601 Service Pack 1 Form ET-5353, "LTDI Special Disability Medical Report" is available upon request from the department, P.O. Box 7931, Madison, Wisconsin 53707-7931. Microsoft Windows NT 6.1.7601 Service Pack 1