2001 - 2002 LEGISLATURE
January 12, 2001 - Introduced by Senators Welch, Darling, Roessler, S.
Fitzgerald and Schultz, cosponsored by Representatives Kaufert, Freese,
Ladwig, Owens, Rhoades, Huebsch, Wade, Olsen, Hundertmark, Stone,
Gunderson, Gundrum, Albers, Ainsworth, Gronemus, Pettis, Kreuser, Ott,
Kreibich, Hoven, Sykora, Townsend, Williams, Reynolds, Plale and Plouff.
Referred to Joint survey committee on Retirement Systems.
1An Act to amend
40.02 (15) (c) 4. of the statutes; relating to: creditable military
2service under the Wisconsin retirement system.
Analysis by the Legislative Reference Bureau
Under current law, a participating employee under the Wisconsin retirement
system (WRS) may receive one year of creditable service under WRS for each year
of military service, up to a maximum of four years of military service credit, at the
time of retirement in either of the following ways:
1. If the participant left employment covered under WRS to enter military
service and returned to the same employer within 180 days after being discharged,
the participant may receive one year of military service credit for each year of
military service (regardless of the amount of the participant's creditable service).
2. If the participant's military service was performed before 1974 and the
participant terminates employment covered under WRS on or after January 1, 1982,
the participant may receive up to one, two, three, or four years of military service
credit if the participant has at least five, ten, fifteen, or twenty years, respectively,
of creditable service (not counting previously granted military service credit).
However, the participant may not receive military service credits for military service
that is used for the purpose of establishing entitlement to a retirement benefit that
is paid by the federal government.
This bill provides that, for the purposes of item 2., the participant may receive
military service credits under the WRS for military service that is used for the
purpose of establishing entitlement to a retirement benefit that is paid by the federal
This bill will be referred to the joint survey committee on retirement systems
for a detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and 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:
SB13, s. 1
40.02 (15) (c) 4. of the statutes is amended to read:
(c) 4. This If the participant makes an election under s. 40.30 (2), this 3
paragraph does not apply to any active service used for the purpose of establishing 4
entitlement to, or the amount of, any benefit, other than a disability benefit, to be 5
paid by any federal retirement program except OASDHI and the retired pay for
6nonregular military service program under 10 USC 1331 to 1337 or, if the participant
7makes an election under s. 40.30 (2),
by any retirement system specified in s. 40.30 8
(2) other than the Wisconsin retirement system.
(1) This act applies to participating employees under the Wisconsin retirement 11
system who terminate covered employment on or after the effective date of this 12