Question:  What is the time limit for correction of records?

Answer:

A separate section of the Wisconsin statutes, section 40.08 places limits on corrections to previously reported service and earnings. Section 40.08 (10), of the Statutes, provides that Corrections may be made to previously reported WRS service and/or earnings if the request for the correction is made before the end of seven full calendar years from the date on which the alleged error occurred. The Wisconsin Court of Appeals has held that the period of limitation begins when ETF calculates a participant's benefit upon retirement.

Employers are advised to keep employee payroll and benefit records rather than discarding them as they can be billed for past service and earnings regardless of when the error occurred. For corrections more than seven years after the date of the alleged error, the employer must submit a letter describing the nature of the error and as much detail as possible. In order to correct the participant account under s. 40.08 (10), Wis. Stats., all of the following must be present:

• No intentional misapplication of the law by the employer.
• No dispute exists between the employee and the employer. In other words, both parties agree on the correction.
• Obvious error made by the employer.

This particular section does not prohibit the correction of purely clerical errors. There is no time limit on demonstrable clerical errors.