Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB9 Compare Versions

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

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1	1	LRB-1351/1
2	2	MIM:kms&amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 9
5	5	January 27, 2023 - Introduced by Senators JACQUE, BALLWEG, CABRAL-GUEVARA,
6	6	QUINN and WANGGAARD, cosponsored by Representatives TITTL, PENTERMAN,
7	7	BALDEH, KNODL, MURPHY, MURSAU, MYERS, ROZAR, SCHRAA, SPIROS, TUSLER,
8	8	VANDERMEER and WICHGERS. Referred to Committee on Government
9	9	Operations, Elections and Consumer Protection.
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: rehired teacher
12	12	annuitants.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, certain individuals who receive a retirement or disability
15	15	annuity from the Wisconsin Retirement System (WRS) and who are hired by an
16	16	employer that participates in the WRS must suspend that annuity and may not
17	17	receive a WRS annuity payment until the individual is no longer in a WRS-covered
18	18	position. This suspension applies to an individual who 1) has reached his or her
19	19	normal retirement date; 2) is appointed to a position with a WRS-participating
20	20	employer or provides employee services as a contractor to a WRS-participating
21	21	employer; and 3) is expected to work at least two-thirds of what is considered
22	22	full-time employment by the Department of Employee Trust Funds.
23	23	This bill creates an exception to this suspension if 1) the individual retired from
24	24	WRS-covered employment as a teacher for grades kindergarten to 12 after July 2,
25	25	2013; 2) at least 30 days have elapsed from the date the individual left WRS-covered
26	26	employment with a school district; 3) the individual is rehired as a substitute
27	27	teacher; 4) at the time the individual initially retires from a school district, the
28	28	individual does not have an agreement with any school district to return to
29	29	employment; 5) the individual elects to not become a participating employee at the
30	30	time the individual is rehired or enters into a contract after retirement; and 6) the
31	31	individual is hired between the effective date of the bill and August 1, 2026. In other
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34	34	3 - 2 -2023 - 2024 Legislature LRB-1351/1
35	35	MIM:kms&amn
36	36	SENATE BILL 9
37	37	words, the bill allows a WRS teacher annuitant to return to work as a substitute
38	38	teacher with a participating employer and elect to not become a participating
39	39	employee for purposes of the WRS and instead continue to receive his or her annuity
40	40	between the effective date of the bill and August 1, 2026.
41	41	For further information see the state and local fiscal estimate, which will be
42	42	printed as 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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83	83	LRB-1351/1
84	84	MIM:kms&amn
85	85	SECTION 3
86	86	SENATE BILL 9
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) During the period beginning on the effective date of this subsection
96	96	.... [LRB inserts date], and ending on August 1, 2026, subs. (1) to (5) do not apply to
97	97	a participant who applies for an annuity or lump sum payment during the period in
98	98	which at least 30 days have elapsed between the participant's termination of
99	99	employment as a teacher with a school district that is a participating employer and
100	100	the date on which the participant becomes a substitute teacher as an employee or
101	101	contractor providing employee services with any school district that is a
102	102	participating employer if all of the following conditions are met:
103	103	(a) The participant terminates his or her employment after July 2, 2013.
104	104	(b) At the time the participant terminates his or her employment as a teacher
105	105	with a school district, the participant does not have an agreement with any school
106	106	district that is a participating employer to return to employment as a substitute
107	107	teacher or enter into a contract to provide employee services as a substitute teacher
108	108	for that school district.
109	109	(c) The participant elects on a form provided by the department to not become
110	110	a participating employee.
111	111	(END)
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