Wisconsin 2025-2026 Regular Session

Wisconsin Senate Bill SB35 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-0063/1
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4	4	2025 SENATE BILL 35
5	5	February 12, 2025 - Introduced by Senators JACQUE, BRADLEY and CABRAL-
6	6	GUEVARA, cosponsored by Representatives WICHGERS, BEHNKE, GOODWIN,
7	7	GREEN, KREIBICH, MELOTIK, MIRESSE, MURPHY and SUBECK. Referred to
8	8	Committee on Judiciary and Public Safety.
9	9	AN ACT to amend 40.22 (1), 40.22 (2m) (intro.), 40.22 (2r) (intro.) and 40.22 (3)
10	10	(intro.); to create 40.26 (7) of the statutes; relating to: law enforcement and
11	11	firefighter annuitants in the Wisconsin Retirement System who are rehired by
12	12	a participating employer.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current law, certain persons who receive a retirement or disability
15	15	annuity from the Wisconsin Retirement System and who are hired by an employer
16	16	that participates in the WRS must suspend that annuity and may not receive a
17	17	WRS annuity payment until the employee is no longer in a WRS-covered position.
18	18	This suspension applies to a person who 1) has reached his or her normal
19	19	retirement date; 2) is appointed to a position with a WRS-participating employer or
20	20	provides employee services to a WRS-participating employer; and 3) is expected to
21	21	work at least two-thirds of what is considered full-time employment by the
22	22	Department of Employee Trust Funds.
23	23	This bill creates an exception to this suspension for an annuitant who retired
24	24	from employment with a participating employer and who is subsequently rehired or
25	25	provides employee services after retirement if 1) the annuitant is a retired law
26	26	enforcement officer or firefighter; 2) at the time the annuitant initially retires from
27	27	covered employment with a participating employer, the annuitant does not have an
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32	32	SENATE BILL 35
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35	35	agreement with any participating employer to return to employment; and 3) the
36	36	annuitant elects to not become a participating employee at the time the annuitant
37	37	is rehired or enters into a contract after retirement. In other words, the bill allows
38	38	an annuitant who was a law enforcement officer or firefighter to return to work
39	39	with an employer that participates in the WRS and elect to not become a
40	40	participating employee for purposes of the WRS but instead continue to receive an
41	41	annuity from the WRS.
42	42	For further information see the local fiscal estimate, which will be printed as
43	43	an appendix to this bill.
44	44	The people of the state of Wisconsin, represented in senate and assembly, do
45	45	enact as follows:
46	46	SECTION 1. 40.22 (1) of the statutes is amended to read:
47	47	40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
48	48	employee currently in the service of, and receiving earnings from, a state agency or
49	49	other participating employer shall be included within the provisions of the
50	50	Wisconsin retirement system as a participating employee of that state agency or
51	51	participating employer.
52	52	SECTION 2. 40.22 (2m) (intro.) of the statutes is amended to read:
53	53	40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
54	54	employee who was a participating employee before July 1, 2011, who is not expected
55	55	to work at least one-third of what is considered full-time employment by the
56	56	department, as determined by rule, and who is not otherwise excluded under sub.
57	57	(2) from becoming a participating employee shall become a participating employee if
58	58	he or she is subsequently employed by the state agency or other participating
59	59	employer for either of the following periods:
60	60	SECTION 3. 40.22 (2r) (intro.) of the statutes is amended to read:
61	61	40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
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81	81	SECTION 3
82	82	employee who was not a participating employee before July 1, 2011, who is not
83	83	expected to work at least two-thirds of what is considered full-time employment by
84	84	the department, as determined by rule, and who is not otherwise excluded under
85	85	sub. (2) from becoming a participating employee shall become a participating
86	86	employee if he or she is subsequently employed by the state agency or other
87	87	participating employer for either of the following periods:
88	88	SECTION 4. 40.22 (3) (intro.) of the statutes is amended to read:
89	89	40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
90	90	who qualifies as a participating employee shall be included within, and shall be
91	91	subject to, the Wisconsin retirement system effective on one of the following dates:
92	92	SECTION 5. 40.26 (7) of the statutes is created to read:
93	93	40.26 (7) (a) In this subsection, Xlaw enforcement officerY has the meaning
94	94	given in s. 165.85 (2) (c).
95	95	(b) Subsections (1) to (5) do not apply to a participant who applies for an
96	96	annuity or lump sum payment during the period in which at least 75 days have
97	97	elapsed between the participant[s termination of employment and becoming an
98	98	employee or contractor providing employee services with a participating employer if
99	99	all of the following conditions are met:
100	100	1. The participant is a retired law enforcement officer or firefighter.
101	101	2. At the time the participant terminates his or her employment with a
102	102	participating employer, the participant does not have an agreement with any
103	103	participating employer to return to employment or enter into a contract to provide
104	104	employee services for the employer.
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131	131	SECTION 5
132	132	3. The participant elects on a form provided by the department to not become
133	133	a participating employee.
134	134	SECTION 6. Initial applicability.
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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