2025 - 2026 LEGISLATURE
LRB-2167/1
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2025 SENATE BILL 105
March 7, 2025 - Introduced by Senators TOMCZYK, HUTTON, BRADLEY, FEYEN,
JAMES, STAFSHOLT, WANGGAARD, L. JOHNSON, PFAFF, SPREITZER and
DASSLER-ALFHEIM, cosponsored by Representatives DONOVAN, GOEBEN,
CALLAHAN, DITTRICH, GREEN, KNODL, MAXEY, MELOTIK, MOSES, MURSAU,
NOVAK, ANDERSON, SUBECK and BEHNKE. Referred to Committee on Judiciary
and Public Safety.
AN ACT to amend 40.22 (1), 40.22 (2m) (intro.), 40.22 (2r) (intro.) and 40.22 (3)
(intro.); to create 40.26 (7) of the statutes; relating to: jailers and protective
occupation annuitants in the Wisconsin Retirement System who are rehired
by a participating employer.
Analysis by the Legislative Reference Bureau
Under current law, certain persons who receive a retirement or disability
annuity from the Wisconsin Retirement System and who are hired by an employer
that participates in the WRS must suspend that annuity and may not receive a
WRS annuity payment until the employee is no longer in a WRS-covered position.
This suspension applies to a person who 1) has reached his or her normal
retirement date; 2) is appointed to a position with a WRS-participating employer or
provides employee services to a WRS-participating employer; and 3) is expected to
work at least two-thirds of what is considered full-time employment by the
Department of Employee Trust Funds.
This bill creates an exception to this suspension for an annuitant who retired
from employment with a participating employer and who is subsequently rehired or
provides employee services after retirement if 1) at the time the annuitant initially
retires from covered employment with a participating employer, the annuitant does
not have an agreement with any participating employer to return to employment; 2)
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the annuitant elects to not become a participating employee at the time the
annuitant is rehired or enters into a contract after retirement; and 3) either the
annuitant retired as a protective occupation participant or the annuitant retired as
a county jailer who was not a protective occupation participant under the WRS.
Under current law, a county jailer has the opportunity to opt out of becoming
a protective occupation participant under the WRS. The bill treats county jailers
who opt out of becoming a protective occupation participant in the same manner as
county jailers who are protective occupation participants.
Because this bill relates to public employee retirement or pensions, it may be
referred to the Joint Survey Committee on Retirement Systems for a report to be
printed as an appendix to the bill.
For further information see the local fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 40.22 (1) of the statutes is amended to read:
40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
employee currently in the service of, and receiving earnings from, a state agency or
other participating employer shall be included within the provisions of the
Wisconsin retirement system as a participating employee of that state agency or
participating employer.
SECTION 2. 40.22 (2m) (intro.) of the statutes is amended to read:
40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
employee who was a participating employee before July 1, 2011, who is not expected
to work at least one-third of what is considered full-time employment by the
department, as determined by rule, and who is not otherwise excluded under sub.
(2) from becoming a participating employee shall become a participating employee if
he or she is subsequently employed by the state agency or other participating
employer for either of the following periods:
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SECTION 3. 40.22 (2r) (intro.) of the statutes is amended to read:
40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
employee who was not a participating employee before July 1, 2011, who is not
expected to work at least two-thirds of what is considered full-time employment by
the department, as determined by rule, and who is not otherwise excluded under
sub. (2) from becoming a participating employee shall become a participating
employee if he or she is subsequently employed by the state agency or other
participating employer for either of the following periods:
SECTION 4. 40.22 (3) (intro.) of the statutes is amended to read:
40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
who qualifies as a participating employee shall be included within, and shall be
subject to, the Wisconsin retirement system effective on one of the following dates:
SECTION 5. 40.26 (7) of the statutes is created to read:
40.26 (7) (a) Subsections (1) to (5) do not apply to a participant who applies for
an annuity or lump sum payment during the period in which at least 75 days have
elapsed between the participant[s termination of employment and becoming an
employee or contractor providing employee services with a participating employer if
all of the following conditions are met:
1. The individual is one of the following:
a. A participant retired from service as a county jailer who was not a
protective occupation participant.
b. A protective occupation participant retired from a protective occupation
under the WRS.
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2. At the time the participant terminates his or her employment with a
participating employer, the participant does not have an agreement with any
participating employer to return to employment or enter into a contract to provide
employee services for the employer.
3. The participant elects on a form provided by the department to not become
a participating employee.
SECTION 6. Initial applicability.
(1) This act first applies to a participant under the Wisconsin Retirement
System who terminates employment on the effective date of this subsection.
(END)
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