Wis. Admin. Code Department of Employee Trust Funds ETF 50.58

Current through October 28, 2024

Section ETF 50.58 - Special provisions applicable to protective occupation participants

(1) NOT TOTALLY AND PERMANENTLY DISABLED. An LTDI recipient who is a protective occupation participant is not disqualified from receiving LTDI benefits although not totally and permanently disabled, provided the recipient's LTDI benefit was approved based on all of the following:

(a) The recipient had accumulated 15 or more years of creditable service and earned at least 0.33 years of creditable current service or prior service, or both, in each of at least 5 calendar years not including any calendar year preceding by more than 7 calendar years the year in which the claim for LTDI benefits was received by the department.

Note: The accumulated creditable service need not be in the protective employment category and may include military service.

(b) The recipient would have attained age 55 in 60 months or less after the occurrence of disability.

(c) The medical evidence established a disability to the extent that the participant could no longer efficiently and safely perform the duties required by the participant's position, and that the condition was likely to be permanent. In this paragraph, "medical evidence" means written certifications received by the department from at least 2 licensed and practicing physicians who have been approved or appointed by the department.

(2) EXCEEDING EARNINGS LIMIT. Notwithstanding s. ETF 50.56 (4) (a), LTDI benefits for a recipient under this section 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 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.

(3) REEMPLOYMENT IN LAW ENFORCEMENT OR FIRE FIGHTING. Payment of LTDI benefits shall be immediately terminated upon employment of a recipient in a law enforcement or fire fighting capacity.

Wis. Admin. Code Department of Employee Trust Funds ETF 50.58

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.

Amended by, CR 19-097: r. and recr. Register May 2021 No. 785, eff. 6/1/2021

Amended by, CR 23-023: am. (2) Register May 28 No. 821, eff. 6/1/2024