Wis. Admin. Code Department of Employee Trust Funds ETF 11.16 - Miscellaneous provisions

(1) COMPUTING TIME. For the purposes of this chapter, unless otherwise specified, the time in which an action shall be taken when expressed in days shall be computed by excluding the first day and including the last, except that if the last day falls on a day the department offices are closed to the public, the action may be taken on the next day the offices are open.

(2) COMPUTING REFUND OF OVERPAYMENT. If the final decision of an appeal determines that a participant overpaid the department and is entitled to a refund, the board shall direct the appeals coordinator to calculate the refund due under s. 40.08(6), Stats. No interest shall be paid upon a refund except as expressly authorized in ch. 40, Stats. A refund from a Wisconsin retirement system account shall not include interest but shall include investment earnings as provided in s. 40.08(6), Stats. The appeals coordinator's calculation shall be appended to and become part of the board's final decision. The appeals coordinator shall do all of the following:

(a) Treat the overpayment as a separate account, participating in the variable and core rate trusts to the same extent as the participant, unless another treatment is expressly provided by ch. 40, Stats.

(b) Make all calculations consistent with the board's final decision and based on the actual amounts and dates of payments made to the department.

(3) COSTS TO CERTAIN PREVAILING PARTIES; SPECIAL CIRCUMSTANCES. If the hearing examiner entertains a motion for costs, as provided in s. 227.485, Stats., the examiner shall find that special circumstances exist that make the award of costs against the department unjust in the following cases:

(a) An appeal of the denial of a disability annuity application when the department determination was based on the employer's negative certification, or failure to certify, under s. 40.63(1) (c), Stats. This paragraph does not prohibit the award of costs against an employer which is a state agency.

(b) An appeal of a determination that a person was not a participating employee or protective occupation participant if the department determination was in accord with the employer's determination and the factual information furnished to the department by the employer. This paragraph does not prohibit the award of costs against an employer which is a state agency, or against the office of state employment relations in an appeal of its determination under s. 40.06(1) (dm), Stats.

(c) An appeal of a determination involving a group health insurance plan other than the standard plan when the department determination was in accord with the insurer's determination and the information furnished to the department by the insurer.

(4) DEPARTMENT AND BOARD MAILING ADDRESS. Mail to a board shall be addressed to the board, in care of the appeals coordinator and mailed or delivered to the department.

Notes

Wis. Admin. Code Department of Employee Trust Funds ETF 11.16

Cr. Register, June, 1992, No. 438, eff. 7-1-92; CR 07-062: r. (2) (c) Register June 2008 No. 630, eff. 7-1-08; CR 09-057: am. (2) (a) Register May 2010 No. 653, eff. 6-1-10; CR 11-044: am. (4) Register July 2012 No. 679, eff. 8-1-12. Amended by, CR 19-126: am. (2) (intro.) Register May 2021 No. 785, eff.6/1/2021

The mailing address of the department is: department of employee trust funds, Post Office Box 7931, Madison, Wisconsin 53707-7931.