Kuester v. Wisconsin Retirement Board

1. Duane Kuester, a retired firefighter, challenges the administrative rule the Wisconsin Retirement Board applied in determining that he was not entitled to receive duty disability benefits under Wis. Stat. § 40.65 (2001-02).1 He contends Wis. Admin. Code § ETF 52 is invalid because it is not authorized by statute and is inconsistent with § 40.65. Alternatively, he contends, even if the rule is valid, it was unlawfully applied to him retrospectively. The circuit court rejected these arguments and dismissed Kuester's petition for certiorari review of the Board's decision. We conclude the rule is valid and was lawfully applied to Kuester. We therefore affirm the circuit court's order of dismissal. BACKGROUND