1. (1) As of the date of receipt of the duty disability application, the department shall apply s. 40.65 (5) (a), Stats., as follows:

   1. (a) If creditable service is 25 years or less, no reduction will be applied.
   2. (b) If the participant is eligible for benefits under subchapter II of ch. 40, Stats., the reduction will be 0.5% for each month of creditable service over 25 years.
   3. (c) If the participant is not eligible for benefits under subchapter II of ch. 40, Stats., the reduction will be 0.5% for each month of creditable service over 30 years.
   4. (d) The duty disability monthly salary will not be reduced to less than 50% if the participant qualifies for benefits under s. 40.63, Stats., subchapter III of ch. ETF 50, or disability benefits under OASDHI.
2. (2) For purposes of this section, to be eligible for benefits under subchapter II of ch. 40, Stats., on the date the duty disability application is received by the department, the participant must have terminated from covered employment and the participant may not have been approved for benefits under s. 40.63, Stats., or benefits under subchapter III of ch. ETF 50.

3. (3) Except as otherwise provided in sub. (4), for purposes of this section, creditable service includes military service if, as of the date of receipt of the application:

   1. (a) The service has already been credited to the participant’s WRS record; or
   2. (b) The department has received all documentation required for crediting military service for the participant.
4. (4) Military service will not be considered if the documentation required for crediting military service is received by the department after the date the department receives the duty disability application.

History

History: CR 13-029: cr. Register November 2013 No. 695, eff. 12-1-13.