Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB278 Compare Versions

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

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4	4	2023 ASSEMBLY BILL 278
5	5	May 17, 2023 - Introduced by Representatives WICHGERS, BRANDTJEN, O'CONNOR,
6	6	SAPIK, BEHNKE, C. ANDERSON and RETTINGER, cosponsored by Senators JACQUE,
7	7	BRADLEY, WANGGAARD, CABRAL-GUEVARA, BALLWEG and TOMCZYK. Referred to
8	8	Committee on Labor and Integrated Employment.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to amend 40.22 (1), 40.22 (2m) (intro.), 40.22 (2r) (intro.) and 40.22 (3)
11	11	(intro.); and to create 40.26 (7) of the statutes; relating to: law enforcement
12	12	and fire fighter annuitants in the Wisconsin Retirement System who are
13	13	rehired by a participating employer.
14	14	Analysis by the Legislative Reference Bureau
15	15	Under current law, certain persons who receive a retirement or disability
16	16	annuity from the Wisconsin Retirement System and who are hired by an employer
17	17	that participates in the WRS must suspend that annuity and may not receive a WRS
18	18	annuity payment until the employee is no longer in a WRS-covered position. This
19	19	suspension applies to a person who 1) has reached his or her normal retirement date;
20	20	2) is appointed to a position with a WRS-participating employer, or provides
21	21	employee services to a WRS-participating employer; and 3) is expected to work at
22	22	least two-thirds of what is considered full-time employment by the Department of
23	23	Employee Trust Funds.
24	24	This bill creates an exception to this suspension for an annuitant who retired
25	25	from employment with a participating employer and who is subsequently rehired or
26	26	provides employee services after retirement, if 1) the annuitant is a retired law
27	27	enforcement officer or fire fighter; 2) at the time the annuitant initially retires from
28	28	covered employment with a participating employer, the annuitant does not have an
29	29	agreement with any participating employer to return to employment; and 3) the
30	30	annuitant elects to not become a participating employee at the time the annuitant
31	31	is rehired or enters into a contract after retirement. In other words, the bill allows
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37	37	ASSEMBLY BILL 278
38	38	an annuitant who was a law enforcement officer or fire fighter to return to work with
39	39	an employer who participates in the WRS 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	For further information see the local fiscal estimate, which will be printed as
42	42	an appendix to this bill.
43	43	The people of the state of Wisconsin, represented in senate and assembly, do
44	44	enact as follows:
45	45	SECTION 1. 40.22 (1) of the statutes is amended to read:
46	46	40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
47	47	employee currently in the service of, and receiving earnings from, a state agency or
48	48	other participating employer shall be included within the provisions of the Wisconsin
49	49	retirement system as a participating employee of that state agency or participating
50	50	employer.
51	51	SECTION 2. 40.22 (2m) (intro.) of the statutes is amended to read:
52	52	40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
53	53	employee who was a participating employee before July 1, 2011, who is not expected
54	54	to work at least one-third of what is considered full-time employment by the
55	55	department, as determined by rule, and who is not otherwise excluded under sub. (2)
56	56	from becoming a participating employee shall become a participating employee if he
57	57	or she is subsequently employed by the state agency or other participating employer
58	58	for either of the following periods:
59	59	SECTION 3. 40.22 (2r) (intro.) of the statutes is amended to read:
60	60	40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
61	61	employee who was not a participating employee before July 1, 2011, who is not
62	62	expected to work at least two-thirds of what is considered full-time employment by
63	63	the department, as determined by rule, and who is not otherwise excluded under sub.
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85	85	SECTION 3
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87	87	(2) from becoming a participating employee shall become a participating employee
88	88	if he or she is subsequently employed by the state agency or other participating
89	89	employer for either of the following periods:
90	90	SECTION 4. 40.22 (3) (intro.) of the statutes is amended to read:
91	91	40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
92	92	who qualifies as a participating employee shall be included within, and shall be
93	93	subject to, the Wisconsin retirement system effective on one of the following dates:
94	94	SECTION 5. 40.26 (7) of the statutes is created to read:
95	95	40.26 (7) (a) Under this subsection, “law enforcement officer” has the meaning
96	96	given in s. 165.85 (2) (c).
97	97	(b) Subsections (1) to (5) do not apply to a participant who applies for an annuity
98	98	or lump sum payment during the period in which at least 75 days have elapsed
99	99	between the participant's termination of employment and becoming an employee or
100	100	contractor providing employee services with a participating employer if all of the
101	101	following conditions are met:
102	102	1. The participant is a retired law enforcement officer or fire fighter.
103	103	2. At the time the participant terminates his or her employment with a
104	104	participating employer, the participant does not have an agreement with any
105	105	participating employer to return to employment or enter into a contract to provide
106	106	employee services for the employer.
107	107	3. The participant elects on a form provided by the department to not become
108	108	a participating employee.
109	109	SECTION 6.0Initial applicability.
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134	134	SECTION 6 ASSEMBLY BILL 278
135	135	(1) This act first applies to a participant under the Wisconsin Retirement
136	136	System who terminates employment on the effective date of this subsection.
137	137	(END)
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