Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB105 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-2167/1
3	3	MIM:klm&emw
4	4	2025 SENATE BILL 105
5	5	March 7, 2025 - Introduced by Senators TOMCZYK, HUTTON, BRADLEY, FEYEN,
6	6	JAMES, STAFSHOLT, WANGGAARD, L. JOHNSON, PFAFF, SPREITZER and
7	7	DASSLER-ALFHEIM, cosponsored by Representatives DONOVAN, GOEBEN,
8	8	CALLAHAN, DITTRICH, GREEN, KNODL, MAXEY, MELOTIK, MOSES, MURSAU,
9	9	NOVAK, ANDERSON, SUBECK and BEHNKE. Referred to Committee on Judiciary
10	10	and Public Safety.
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: jailers and protective
13	13	occupation annuitants in the Wisconsin Retirement System who are rehired
14	14	by 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) at the time the annuitant initially
28	28	retires from covered employment with a participating employer, the annuitant does
29	29	not have an agreement with any participating employer to return to employment; 2)
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33	33	4 2025 - 2026 Legislature
34	34	SENATE BILL 105
35	35	- 2 - LRB-2167/1
36	36	MIM:klm&emw
37	37	SECTION 1
38	38	the annuitant elects to not become a participating employee at the time the
39	39	annuitant is rehired or enters into a contract after retirement; and 3) either the
40	40	annuitant retired as a protective occupation participant or the annuitant retired as
41	41	a county jailer who was not a protective occupation participant under the WRS.
42	42	Under current law, a county jailer has the opportunity to opt out of becoming
43	43	a protective occupation participant under the WRS. The bill treats county jailers
44	44	who opt out of becoming a protective occupation participant in the same manner as
45	45	county jailers who are protective occupation participants.
46	46	Because this bill relates to public employee retirement or pensions, it may be
47	47	referred to the Joint Survey Committee on Retirement Systems for a report to be
48	48	printed as an appendix to the bill.
49	49	For further information see the local fiscal estimate, which will be printed as
50	50	an appendix to this bill.
51	51	The people of the state of Wisconsin, represented in senate and assembly, do
52	52	enact as follows:
53	53	SECTION 1. 40.22 (1) of the statutes is amended to read:
54	54	40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
55	55	employee currently in the service of, and receiving earnings from, a state agency or
56	56	other participating employer shall be included within the provisions of the
57	57	Wisconsin retirement system as a participating employee of that state agency or
58	58	participating employer.
59	59	SECTION 2. 40.22 (2m) (intro.) of the statutes is amended to read:
60	60	40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
61	61	employee who was a participating employee before July 1, 2011, who is not expected
62	62	to work at least one-third of what is considered full-time employment by the
63	63	department, as determined by rule, and who is not otherwise excluded under sub.
64	64	(2) from becoming a participating employee shall become a participating employee if
65	65	he or she is subsequently employed by the state agency or other participating
66	66	employer for either of the following periods:
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80	80	14 2025 - 2026 Legislature
81	81	SENATE BILL 105
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84	84	SECTION 3
85	85	SECTION 3. 40.22 (2r) (intro.) of the statutes is amended to read:
86	86	40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
87	87	employee who was not a participating employee before July 1, 2011, who is not
88	88	expected to work at least two-thirds of what is considered full-time employment by
89	89	the department, as determined by rule, and who is not otherwise excluded under
90	90	sub. (2) from becoming a participating employee shall become a participating
91	91	employee if he or she is subsequently employed by the state agency or other
92	92	participating employer for either of the following periods:
93	93	SECTION 4. 40.22 (3) (intro.) of the statutes is amended to read:
94	94	40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
95	95	who qualifies as a participating employee shall be included within, and shall be
96	96	subject to, the Wisconsin retirement system effective on one of the following dates:
97	97	SECTION 5. 40.26 (7) of the statutes is created to read:
98	98	40.26 (7) (a) Subsections (1) to (5) do not apply to a participant who applies for
99	99	an annuity or lump sum payment during the period in which at least 75 days have
100	100	elapsed between the participant[s termination of employment and becoming an
101	101	employee or contractor providing employee services with a participating employer if
102	102	all of the following conditions are met:
103	103	1. The individual is one of the following:
104	104	a. A participant retired from service as a county jailer who was not a
105	105	protective occupation participant.
106	106	b. A protective occupation participant retired from a protective occupation
107	107	under the WRS.
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130	130	23 2025 - 2026 Legislature
131	131	SENATE BILL 105
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133	133	MIM:klm&emw
134	134	SECTION 5
135	135	2. At the time the participant terminates his or her employment with a
136	136	participating employer, the participant does not have an agreement with any
137	137	participating employer to return to employment or enter into a contract to provide
138	138	employee services for the employer.
139	139	3. The participant elects on a form provided by the department to not become
140	140	a participating employee.
141	141	SECTION 6. Initial applicability.
142	142	(1) This act first applies to a participant under the Wisconsin Retirement
143	143	System who terminates employment on the effective date of this subsection.
144	144	(END)
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