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

Answer:

There are two separate seven-year statutes of limitation: s. 40.08 (10), which governs the deadline for corrections to service, earnings, contributions and benefits paid; and s. 40.06 (1) (e), which governs the deadlines for correcting the beginning date of WRS participation and the employment category designation.

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 ruled that the seven-year period of limitation begins on the date ETF issues a participant's final 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.

Section 40.06 (1) (e), limits corrections to employment category determinations for those hired on or after 1/1/82 and WRS coverage begin date determinations made on or after 4/27/84, to seven years from the date of the employer's initial determination; however, for corrections more than seven years after the date of the employer's initial employment category and/or WRS participation begin date determination, the employer must submit a letter describing the nature of the error and as much detail as possible.

These particular sections do not prohibit the correction of purely clerical errors. There is no time limit on demonstrable clerical errors.