Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB18 Compare Versions

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

Old	New	Differences
1	1	LRB-0781/1
2	2	MIM:kms&amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 18
5	5	February 7, 2023 - Introduced by Representatives TITTL, PENTERMAN, BALDEH,
6	6	KNODL, MURPHY, MURSAU, MYERS, ROZAR, SCHRAA, SPIROS, TUSLER,
7	7	VANDERMEER and WICHGERS, cosponsored by Senators JACQUE, BALLWEG,
8	8	CABRAL-GUEVARA, QUINN and WANGGAARD. Referred to Committee on State
9	9	Affairs.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 40.22 (1), 40.22 (2m) (intro.), 40.22 (2r) (intro.) and 40.22 (3)
12	12	(intro.); and to create 40.26 (7) of the statutes; relating to: rehired teacher
13	13	annuitants.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, certain individuals who receive a retirement or disability
16	16	annuity from the Wisconsin Retirement System (WRS) and who are hired by an
17	17	employer that participates in the WRS must suspend that annuity and may not
18	18	receive a WRS annuity payment until the individual is no longer in a WRS-covered
19	19	position. This suspension applies to an individual who 1) has reached his or her
20	20	normal retirement date; 2) is appointed to a position with a WRS-participating
21	21	employer or provides employee services as a contractor to a WRS-participating
22	22	employer; and 3) is expected to work at least two-thirds of what is considered
23	23	full-time employment by the Department of Employee Trust Funds.
24	24	This bill creates an exception to this suspension if 1) the individual retired from
25	25	WRS-covered employment as a teacher for grades kindergarten to 12 after July 2,
26	26	2013; 2) at least 30 days have elapsed from the date the individual left WRS-covered
27	27	employment with a school district; 3) the individual is rehired as a substitute
28	28	teacher; 4) at the time the individual initially retires from a school district, the
29	29	individual does not have an agreement with any school district to return to
30	30	employment; 5) the individual elects to not become a participating employee at the
31	31	time the individual is rehired or enters into a contract after retirement; and 6) the
32	32	individual is hired between the effective date of the bill and August 1, 2026. In other
33	33	1
34	34	2
35	35	3 - 2 -2023 - 2024 Legislature LRB-0781/1
36	36	MIM:kms&amn
37	37	ASSEMBLY BILL 18
38	38	words, the bill allows a WRS teacher annuitant to return to work as a substitute
39	39	teacher with a participating employer and elect to not become a participating
40	40	employee for purposes of the WRS and instead continue to receive his or her annuity
41	41	between the effective date of the bill and August 1, 2026.
42	42	For further information see the state and local fiscal estimate, which will be
43	43	printed as an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 40.22 (1) of the statutes is amended to read:
47	47	40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
48	48	employee currently in the service of, and receiving earnings from, a state agency or
49	49	other participating employer shall be included within the provisions of the Wisconsin
50	50	retirement system as a participating employee of that state agency or participating
51	51	employer.
52	52	SECTION 2. 40.22 (2m) (intro.) of the statutes is amended to read:
53	53	40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
54	54	employee who was a participating employee before July 1, 2011, who is not expected
55	55	to work at least one-third of what is considered full-time employment by the
56	56	department, as determined by rule, and who is not otherwise excluded under sub. (2)
57	57	from becoming a participating employee shall become a participating employee if he
58	58	or she is subsequently employed by the state agency or other participating employer
59	59	for either of the following periods:
60	60	SECTION 3. 40.22 (2r) (intro.) of the statutes is amended to read:
61	61	40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
62	62	employee who was not a participating employee before July 1, 2011, who is not
63	63	expected to work at least two-thirds of what is considered full-time employment by
64	64	the department, as determined by rule, and who is not otherwise excluded under sub.
65	65	1
66	66	2
67	67	3
68	68	4
69	69	5
70	70	6
71	71	7
72	72	8
73	73	9
74	74	10
75	75	11
76	76	12
77	77	13
78	78	14
79	79	15
80	80	16
81	81	17
82	82	18
83	83	19 - 3 -2023 - 2024 Legislature
84	84	LRB-0781/1
85	85	MIM:kms&amn
86	86	SECTION 3
87	87	ASSEMBLY BILL 18
88	88	(2) from becoming a participating employee shall become a participating employee
89	89	if he or she is subsequently employed by the state agency or other participating
90	90	employer for either of the following periods:
91	91	SECTION 4. 40.22 (3) (intro.) of the statutes is amended to read:
92	92	40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
93	93	who qualifies as a participating employee shall be included within, and shall be
94	94	subject to, the Wisconsin retirement system effective on one of the following dates:
95	95	SECTION 5. 40.26 (7) of the statutes is created to read:
96	96	40.26 (7) During the period beginning on the effective date of this subsection
97	97	.... [LRB inserts date], and ending on August 1, 2026, subs. (1) to (5) do not apply to
98	98	a participant who applies for an annuity or lump sum payment during the period in
99	99	which at least 30 days have elapsed between the participant's termination of
100	100	employment as a teacher with a school district that is a participating employer and
101	101	the date on which the participant becomes a substitute teacher as an employee or
102	102	contractor providing employee services with any school district that is a
103	103	participating employer if all of the following conditions are met:
104	104	(a) The participant terminates his or her employment after July 2, 2013.
105	105	(b) At the time the participant terminates his or her employment as a teacher
106	106	with a school district, the participant does not have an agreement with any school
107	107	district that is a participating employer to return to employment as a substitute
108	108	teacher or enter into a contract to provide employee services as a substitute teacher
109	109	for that school district.
110	110	(c) The participant elects on a form provided by the department to not become
111	111	a participating employee.
112	112	(END)
113	113	1
114	114	2
115	115	3
116	116	4
117	117	5
118	118	6
119	119	7
120	120	8
121	121	9
122	122	10
123	123	11
124	124	12
125	125	13
126	126	14
127	127	15
128	128	16
129	129	17
130	130	18
131	131	19
132	132	20
133	133	21
134	134	22
135	135	23
136	136	24
137	137	25