Question:  What is the Wisconsin Retirement System (WRS) Appeal Process?

Answer:

The Wisconsin Statutes, governing administration of the WRS, include a section allowing employees the right to appeal two types of WRS determinations made by the employer.

Section 40.06 (1) (e) 1, of the Wisconsin Statutes allows an employee to appeal the employer's determination that the employee is not eligible for WRS participation or that the employee is reported in an incorrect employment category.

Wis. Statute 40.06 (1)(e) 1 limits the appeal only to services rendered within seven years prior to the date the appeal is received by the Board. Whether the 7-year statute of limitations is applicable to an employer's determination of an individual's coverage begin date and/or employment category is dependent on the laws in effect when the employee was hired by the employer.

Employment Category

If a participant was hired before January 1, 1982, the 7-year statute of limitations in s. 40.06 (1)(e) does not apply because it did not go into effect until that date. Participants can file an appeal on an employer's determination of employment category to the Board. The 7-year limit on employment category appeals applies to participants hired on or after January 1, 1982.

Participation Begin Date

If a participant was hired before April 27, 1984, the 7-year statute of limitations in s. 40.06 (1)(e) does not apply because it did not go into effect until that date. Participants can appeal an employer's determination of the coverage begin date to the Board. The 7-year limit on participation begin date appeals applies to employees hired on or after April 27, 1984.

Appeal Process

Employees file an appeal by writing a letter or submitting a completed Appeal Form, ET-4938, to the Appeals Coordinator at ETF.

Employee Trust Funds
Appeals Coordinator
Post Office Box 7931
Madison, WI 53707-7931

A brochure entitled Employee Trust Funds' Administrative Appeal Process, ET-4943 is available for anyone wanting to receive more information about the appeal process.

Employers will receive a written notice from the Appeals Coordinator once an employee has filed an appeal. The notice will specify the date for which a pre-hearing has been scheduled. A pre-hearing is scheduled to establish facts of the appeal. The pre-hearing may be a telephone conference call. Appeals may involve applying criteria no longer in effect. If anyone needs information related to eligibility criteria or category definitions, they can call ETF at 608/266-8411. Requestors will be asked to provide the dates covering the period of employment and the employment category. Applicable statues, rules and employer instructions covering that time period will be copied and mailed.

Next, the employer and employee and/or their representatives participate in a hearing held in Madison. The hearing examiner hears the issues brought to the appeal by both parties and recommends a decision to the Employee Trust Funds Board. The Board issues a final decision, which is mailed to the employee and the employer. Board decisions may be appealed to Dane County Circuit Court.

If the Board's decision involves making a change to an employee's WRS records, the employer will be instructed to submit the appropriate forms required to make the change. ETF will issue the employer a statement of the amount owed, if any. Employers are responsible for remitting amounts due to ETF, but they may--if they so choose--recover the employee's share of contributions plus interest.

Additional information on appeals may be found in Chapter 3 of the WRS Administration Manual, ET-1127.