Question:  What is the employer's responsibility for determining employee eligibility for Wisconsin Retirement System (WRS) participation?

Answer:

The criteria listed in Section 40.22 of the Wisconsin statutes are the only measure for WRS eligibility. If employees, who are covered by their employer's WRS resolution, meet the eligibility requirements listed in the statutes, they must be enrolled. Eligible employees have no choice. Employers cannot exclude certain groups--for example, based on seasonal or part-time status or based solely on contractual agreement. Nor can employers choose to enroll employees who do not meet the eligibility criteria based on demonstrated loyalty or based on contractual agreement.

Employees who disagree with their employer's determination, may appeal to the Employee Trust Funds Board for a decision on their WRS eligibility. Therefore, it is recommended that employers document the pertinent factors used to determine that an employee is not eligible. For example, the employer's expectations of hours and duration of employment for a new employee; any changes in expectations; evaluation on the one-year anniversary date; and continuous monitoring, using the rolling forward method of evaluating eligibility.

For detailed information on WRS eligibility criteria, refer to Chapter 3 of the WRS Administration Manual, ET-1127. The eligibility criteria are different for teachers and non-teachers.