LRB-0996/2
RAC:jld:pg
2001 - 2002 LEGISLATURE
February 7, 2001 - Introduced by Senators Erpenbach, Risser, Robson, Breske,
Burke, Roessler
and Schultz, cosponsored by Representatives Townsend,
Pocan, Berceau, Miller, Hoven
and Skindrud. Referred to Joint survey
committee on Retirement Systems.
SB46,1,3 1An Act to amend 40.02 (30); and to create 40.02 (17) (n) of the statutes; relating
2to:
executive participating employee status under the Wisconsin retirement
3system for certain court commissioners.
Analysis by the Legislative Reference Bureau
Under current law, when a participant in the Wisconsin retirement system
(WRS) terminates covered employment and becomes eligible for a retirement
annuity, one of the ways in which the amount of his or her annuity is determined is
by multiplying the participant's final average earnings by the participant's years of
creditable service and by a percentage multiplier. For a protective occupation
participant who is covered by the federal Social Security Act, an elected official and
an executive participating employee, the percentage multiplier is 2%; for a protective
occupation participant who is not covered by the federal Social Security Act, the
percentage multiplier is 2.5%; and for all other participants in the WRS, the
percentage multiplier is 1.6%. (For service prior to January 1, 2000, these
multipliers are increased by 0.165%.)
In addition, under current law, the normal retirement age under the WRS for
a protective occupation participant is when he or she attains the age of 54, or 53 if
the participant has 25 or more years of creditable service; the normal retirement age
for an elected official and an executive participating employee is when he or she
attains the age of 62; and the normal retirement age for any other participant in the
WRS is when he or she attains the age of 65.
This bill provides that court commissioners, juvenile court commissioners,
probate court commissioners and family court commissioners are executive

participating employees under the WRS. As such, the commissioners will be eligible
to receive a WRS retirement annuity calculated with a percentage multiplier of 2%
for service as a commissioner on or after January 1, 2000, and 2.165% for service as
a commissioner before January 1, 2000, and to have a normal retirement age of 62.
Currently, the commissioners are eligible to receive a WRS retirement annuity
calculated with a percentage multiplier of 1.6% for service as a commissioner on or
after January 1, 2000, and 1.765% for service as a commissioner before January 1,
2000, and have a normal retirement age of 65.
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:
SB46, s. 1 1Section 1. 40.02 (17) (n) of the statutes is created to read:
SB46,2,92 40.02 (17) (n) Each participant who is a court commissioner under s. 48.065 (1),
3757.68 (1) (a), 757.72 (1), 767.13 (1) (a), or 938.065 (1) on or after the effective date
4of this paragraph .... [revisor inserts date], shall be granted creditable service as an
5executive participating employee for all covered service as a court commissioner on
6or after the effective date of this paragraph .... [revisor inserts date], but may not be
7granted creditable service as a court commissioner for any covered service as a court
8commissioner that was earned before the effective date of this paragraph .... [revisor
9inserts date].
SB46, s. 2 10Section 2. 40.02 (30) of the statutes is amended to read
SB46,3,411 40.02 (30) "Executive participating employee" means a participating employee
12in a position designated under s. 19.42 (10) (L) or 20.923 (4), (4g), (8), or (9), a
13participating employee who is a court commissioner appointed under s. 48.065 (1),
14757.68 (1) (a), 757.72 (1), 767.13 (1) (a), or 938.065 (1)
or a participating employee in
15a position
authorized under s. 230.08 (2) (e) during the time of employment. All

1service credited prior to May 17, 1988, as executive service as defined under s. 40.02
2(31), 1985 stats., shall continue to be treated as executive service as defined under
3s. 40.02 (31), 1985 stats., but no other service rendered prior to May 17, 1988, may
4be changed to executive service as defined under s. 40.02 (31), 1985 stats.
SB46, s. 3 5Section 3. Effective date.
SB46,3,66 (1) This act takes effect on the January 1 after publication.
SB46,3,77 (End)
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