LRB-2957/2
RAC:jlg:km
1999 - 2000 LEGISLATURE
May 5, 1999 - Introduced by Senators Moen, Fitzgerald, Schultz, Breske,
Erpenbach, Darling, Roessler, Grobschmidt, Wirch, Rosenzweig, Panzer,
Clausing, Baumgart, Zien, Welch
and Drzewiecki, cosponsored by
Representatives Kreibich, Nass, Schneider, Ladwig, Kelso, Hahn,
Brandemuehl, Miller, Musser, Rhoades, Gronemus, Albers, Gunderson,
Montgomery, Coggs, Spillner, Freese, Goetsch, Plouff, Ryba, Turner,
Hundertmark, Klusman, Boyle, Lassa, Walker, Powers, Sykora, Bock,
Kreuser, Huber, Young, Olsen, Pettis
and Plale. Referred to Committee on
Health, Utilities, Veterans and Military Affairs.
SB143,1,3 1An Act to create 40.05 (4g) of the statutes; relating to: payment of health
2insurance premiums for state employes activated for military duty in the U.S.
3armed forces.
Analysis by the Legislative Reference Bureau
This bill requires the state to pay the employer contributions for any state
employe who is activated to serve on military duty in the U.S. armed forces, other
than for training purposes. To qualify for the payment of employer contributions for
health insurance under the bill, the employe must be insured under the state health
insurance program on the day on which he or she is activated to serve on active duty
in the U.S. armed forces and he or she must have been granted a military leave of
absence by the state. Under the bill, the state is required to pay such employer
contributions and is also required to reimburse any state employe who has paid the
employer contributions for health insurance. Finally, the bill provides that the state
may not pay more than 12 months of employer contributions for health insurance for
the state employes who are activated to serve in the U.S. armed forces.
For further information see the state 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:
SB143, s. 1
1Section 1. 40.05 (4g) of the statutes is created to read:
SB143,2,42 40.05 (4g) Payment of health insurance premiums for state employes
3activated for military duty in the U.S. armed forces.
(a) In this subsection, "eligible
4employe" means a state employe to whom all of the following apply:
SB143,2,65 1. On or after April 15, 1999, is activated to serve on military duty in the U.S.
6armed forces, other than for training purposes.
SB143,2,97 2. On the date on which he or she is activated to serve on active duty in the U.S.
8armed forces, is insured and is receiving employer contributions for health insurance
9premiums under sub. (4).
SB143,2,1210 3. On the date on which he or she is activated, is either a member of the
11Wisconsin national guard or a member of a reserve component of the U.S. armed
12forces or is recalled to active military duty from inactive reserve status.
SB143,2,1713 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3),
14under a collective bargaining agreement under subch. V of ch. 111 or under rules
15promulgated by the secretary of employment relations or is eligible for
16reemployment with the state under s. 45.50 after completion of his or her service in
17the U.S. armed forces.
SB143,3,218 (b) 1. Notwithstanding sub. (4) and s. 40.51 (2), an eligible employe who is not
19insured after the date on which he or she is activated to serve on active duty in the
20U.S. armed forces may have his or her health insurance reinstated during the period
21in which he or she is serving on active duty in the U.S. armed forces without
22furnishing evidence of insurability satisfactory to the insurer and may receive
23employer contributions under par. (c) if the eligible employe or the eligible employe's
24designated representative makes a written election to have his or her health
25insurance reinstated and to receive employer contributions under par. (c) and pays

1any employe contributions that are required to be paid under sub. (4) toward the
2premium payments.
SB143,3,93 2. Notwithstanding sub. (4), an eligible employe who is insured after the date
4on which he or she is activated to serve on active duty in the U.S. armed forces may
5receive employer contributions under par. (c) during the period in which he or she is
6serving on active duty in the U.S. armed forces if the eligible employe or the eligible
7employe's designated representative makes a written election to receive employer
8contributions under par. (c) and pays any employe contributions that are required
9to be paid under sub. (4) toward the premium payments.
SB143,3,1310 3. An eligible employe or his or her designated representative shall make an
11election under subd. 1. or 2. on a form provided by his or her employer not later than
1260 days after the date on which the eligible employe begins to serve on active duty
13for the U.S. armed forces.
SB143,3,1614 4. The group insurance board shall include the period under subd. 3. in any
15applicable enrollment period under the state health insurance plan for eligible
16employes who are not insured.
SB143,3,2117 (c) Notwithstanding sub. (4) and s. 40.51 (2), the employer of an eligible
18employe who makes or whose designated representative makes an election under
19par. (b) shall pay employer contributions toward the premium payments of the
20eligible employe during the period in which the eligible employe is serving on active
21duty for the U.S. armed forces as follows:
SB143,4,222 1. The amount of the employer contributions paid toward each premium
23payment shall be equal to the amount of the employer contributions under sub. (4)
24that would have been paid toward the premium payment if the eligible employe had

1continued employment with the employer instead of serving on active duty for the
2U.S. armed forces.
SB143,4,123 2. If the eligible employe has been insured during the period beginning on the
4date on which the eligible employe left employment with the employer to serve on
5active duty for the U.S. armed forces and ending on the date on which the eligible
6employe or the eligible employe's designated representative makes the election
7under par. (b) but the eligible employe did not receive employer contributions under
8sub. (4) toward any of the premium payments during that period, the employer shall
9pay to the eligible employe in a lump sum an amount equal to the employer
10contributions that would have been paid toward those premium payments under
11sub. (4) if the eligible employe had continued employment with the employer during
12that period instead of serving on active duty for the U.S. armed forces.
SB143,4,1913 (d) The number of months for which the eligible employe may receive employer
14contributions under par. (c), when added to the number of months for which the
15eligible employe received employer contributions under sub. (4) during the period
16beginning on the date on which the eligible employe left employment with the
17employer to serve on active duty for the U.S. armed forces and ending on the date on
18which the eligible employe ceases to serve on active duty for the U.S. armed forces,
19may not exceed a total of 12 months.
SB143,4,2020 (End)
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