Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB1147 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 1147
5	5	March 6, 2024 - Introduced by Representatives EDMING, SNODGRASS, ARMSTRONG,
6	6	CALLAHAN, CONLEY, JOERS, MAXEY, OHNSTAD, ORTIZ-VELEZ, RATCLIFF, SCHMIDT,
7	7	SINICKI, SUBECK and MURSAU, cosponsored by Senators BALLWEG, CARPENTER,
8	8	JACQUE, SPREITZER and WIRCH. Referred to Committee on Labor and
9	9	Integrated Employment.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 40.02 (15) (a) 3.; and to create 40.02 (15) (cm) and 40.05 (2)
12	12	(at) of the statutes; relating to: creditable military service under the
13	13	Wisconsin Retirement System.
14	14	Analysis by the Legislative Reference Bureau
15	15	This bill modifies the conditions under which a Wisconsin Retirement System
16	16	participant may receive creditable service under the WRS for military service.
17	17	Under current law, a participating employee in the WRS may receive one year
18	18	of creditable service under the WRS for each year of military service, up to a
19	19	maximum of four years of military service credit, at the time of retirement in either
20	20	of the following ways:
21	21	1. If the participant left employment covered under the WRS to enter military
22	22	service and returned to the same employer within 180 days after being discharged,
23	23	the participant may receive one year of military service credit for each year of
24	24	military service.
25	25	2. If the participant's military service was performed before 1974, the
26	26	participant may receive up to one, two, three, or four years of military service credit
27	27	if the participant has at least 5, 10, 15, or 20 years, respectively, of creditable service
28	28	(not counting previously granted military service credit).
29	29	The bill provides that a participating employee in the WRS who was an
30	30	employee of the Department of Corrections for at least five years and who terminates
31	31	covered service on or after the effective date of the bill may receive creditable military
32	32	service for active military service performed at any time. The requirements and
33	33	standards of item 2 apply to such a grant of creditable military service.
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36	36	3 - 2 -2023 - 2024 Legislature LRB-4724/1
37	37	MIM:emw
38	38	ASSEMBLY BILL 1147
39	39	The bill provides that, for the purposes of item 2, the participant may receive
40	40	military service credits under the WRS for military service that is also used for the
41	41	purpose of establishing entitlement to a retirement benefit that is paid by the federal
42	42	government.
43	43	The bill provides that, for the purpose of item 1, the participant need not return
44	44	to employment with the same WRS employer but may return to employment with
45	45	any WRS employer.
46	46	The bill requires that DOC make additional contributions as determined by the
47	47	actuary and agreed to by the Employee Trust Funds Board to cover the costs of
48	48	granting the additional military service credits authorized under the bill.
49	49	Because this bill relates to public employee retirement or pensions, it may be
50	50	referred to the Joint Survey Committee on Retirement Systems for a report to be
51	51	printed as an appendix to the bill.
52	52	For further information see the state fiscal estimate, which will be printed as
53	53	an appendix to this bill.
54	54	The people of the state of Wisconsin, represented in senate and assembly, do
55	55	enact as follows:
56	56	SECTION 1. 40.02 (15) (a) 3. of the statutes is amended to read:
57	57	40.02 (15) (a) 3. The participant returns to the employment of the employer
58	58	whose employment the participant left to enter the U.S. armed forces any
59	59	participating employer within 180 days of release or discharge from the armed
60	60	forces, or within 180 days of release from hospitalization because of injury or sickness
61	61	resulting from service in the armed forces;
62	62	SECTION 2. 40.02 (15) (cm) of the statutes is created to read:
63	63	40.02 (15) (cm) Notwithstanding par. (a) and sub. (17) (intro.), any participant
64	64	who has been a participating employee employed by the department of corrections
65	65	for 5 or more years and who is credited with 5, 10, 15, or 20 or more years of creditable
66	66	service, not counting any previously granted creditable military service, may receive
67	67	creditable military service at the time of retirement for not more than 1, 2, 3, or 4
68	68	years, respectively, of active service that meets the standards under par. (a) 5.,
69	69	provided:
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84	84	LRB-4724/1
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86	86	SECTION 2
87	87	ASSEMBLY BILL 1147
88	88	1. Any creditable military service otherwise granted shall be included in
89	89	determining the maximum years to be granted under this paragraph.
90	90	2. Creditable military service under this paragraph shall be allocated at the
91	91	time of retirement in proportion to the amount of the participant's creditable service
92	92	for each of the employment categories as set forth in s. 40.23 (2m) (e), unless a higher
93	93	benefit would result from the prorated allocation of creditable military service based
94	94	on the amount of the participant's creditable service for each of the types of creditable
95	95	service on the date the participant attains the greater of 5, 10, 15, or 20 years of
96	96	creditable service.
97	97	3. If the participant makes an election under s. 40.30 (2), this paragraph does
98	98	not apply to any active service used for the purpose of establishing entitlement to,
99	99	or the amount of, any benefit, other than a disability benefit, to be paid by any
100	100	retirement system specified in s. 40.30 (2) other than the Wisconsin Retirement
101	101	System.
102	102	SECTION 3. 40.05 (2) (at) of the statutes is created to read:
103	103	40.05 (2) (at) The department of corrections shall contribute an additional
104	104	percentage of earnings, as determined by the actuary and approved by the board, to
105	105	reflect the shared cost of granting creditable military service under 2023 Wisconsin
106	106	Act .... (this act).
107	107	SECTION 4.0Initial applicability.
108	108	(1) This act first applies to participating employees in the Wisconsin
109	109	Retirement System who terminate covered employment on the effective date of this
110	110	subsection.
111	111	(END)
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