Wisconsin 2025-2026 Regular Session

Wisconsin Assembly Bill AB36 Compare Versions

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

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1	1	2025 - 2026 LEGISLATURE
2	2	LRB-1577/1
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4	4	2025 ASSEMBLY BILL 36
5	5	February 17, 2025 - Introduced by Representatives WICHGERS, BEHNKE, GOODWIN,
6	6	GREEN, KREIBICH, MELOTIK, MIRESSE, MURPHY and SUBECK, cosponsored by
7	7	Senators JACQUE, BRADLEY and CABRAL-GUEVARA. Referred to Committee on
8	8	Workforce Development, Labor, and Integrated Employment.
9	9
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.); to create 40.26 (7) of the statutes; relating to: law enforcement and
13	13	firefighter annuitants in the Wisconsin Retirement System who are rehired by
14	14	a participating employer.
15	15	Analysis by the Legislative Reference Bureau
16	16	Under current law, certain persons who receive a retirement or disability
17	17	annuity from the Wisconsin Retirement System and who are hired by an employer
18	18	that participates in the WRS must suspend that annuity and may not receive a
19	19	WRS annuity payment until the employee is no longer in a WRS-covered position.
20	20	This suspension applies to a person who 1) has reached his or her normal
21	21	retirement date; 2) is appointed to a position with a WRS-participating employer or
22	22	provides employee services to a WRS-participating employer; and 3) is expected to
23	23	work at least two-thirds of what is considered full-time employment by the
24	24	Department of Employee Trust Funds.
25	25	This bill creates an exception to this suspension for an annuitant who retired
26	26	from employment with a participating employer and who is subsequently rehired or
27	27	provides employee services after retirement if 1) the annuitant is a retired law
28	28	enforcement officer or firefighter; 2) at the time the annuitant initially retires from
29	29	covered employment with a participating employer, the annuitant does not have an
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33	33	4 2025 - 2026 Legislature
34	34	ASSEMBLY BILL 36
35	35	- 2 - LRB-1577/1
36	36	MIM:wlj
37	37	agreement with any participating employer to return to employment; and 3) the
38	38	annuitant elects to not become a participating employee at the time the annuitant
39	39	is rehired or enters into a contract after retirement. In other words, the bill allows
40	40	an annuitant who was a law enforcement officer or firefighter to return to work
41	41	with an employer that participates in the WRS and elect to not become a
42	42	participating employee for purposes of the WRS but instead continue to receive an
43	43	annuity from the WRS.
44	44	For further information see the local fiscal estimate, which will be printed as
45	45	an appendix to this bill.
46	46	The people of the state of Wisconsin, represented in senate and assembly, do
47	47	enact as follows:
48	48	SECTION 1. 40.22 (1) of the statutes is amended to read:
49	49	40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
50	50	employee currently in the service of, and receiving earnings from, a state agency or
51	51	other participating employer shall be included within the provisions of the
52	52	Wisconsin retirement system as a participating employee of that state agency or
53	53	participating employer.
54	54	SECTION 2. 40.22 (2m) (intro.) of the statutes is amended to read:
55	55	40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
56	56	employee who was a participating employee before July 1, 2011, who is not expected
57	57	to work at least one-third of what is considered full-time employment by the
58	58	department, as determined by rule, and who is not otherwise excluded under sub.
59	59	(2) from becoming a participating employee shall become a participating employee if
60	60	he or she is subsequently employed by the state agency or other participating
61	61	employer for either of the following periods:
62	62	SECTION 3. 40.22 (2r) (intro.) of the statutes is amended to read:
63	63	40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
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83	83	SECTION 3
84	84	employee who was not a participating employee before July 1, 2011, who is not
85	85	expected to work at least two-thirds of what is considered full-time employment by
86	86	the department, as determined by rule, and who is not otherwise excluded under
87	87	sub. (2) from becoming a participating employee shall become a participating
88	88	employee if he or she is subsequently employed by the state agency or other
89	89	participating 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) In this subsection, Xlaw enforcement officerY 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
98	98	annuity or lump sum payment during the period in which at least 75 days have
99	99	elapsed between the participant[s termination of employment and becoming an
100	100	employee or contractor providing employee services with a participating employer if
101	101	all of the following conditions are met:
102	102	1. The participant is a retired law enforcement officer or firefighter.
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.
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133	133	SECTION 5
134	134	3. The participant elects on a form provided by the department to not become
135	135	a participating employee.
136	136	SECTION 6. Initial applicability.
137	137	(1) This act first applies to a participant under the Wisconsin Retirement
138	138	System who terminates employment on the effective date of this subsection.
139	139	(END)
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