AB40,741 15Section 741. 40.23 (4) (e) of the statutes is amended to read:
AB40,459,1916 40.23 (4) (e) 1. Subject to subds. 2. to 4. and section 401 (a) (9) of the Internal
17Revenue Code
, if a participant dies before the distribution of benefits has commenced
18and the participant's beneficiary is the spouse or domestic partner, the department
19shall begin the distribution within 5 years after the date of the participant's death.
AB40,459,2320 2. If Subject to section 401 (a) (9) of the Internal Revenue Code, if the spouse
21or domestic partner files a subsequent beneficiary designation with the department,
22the payment of the distribution may be deferred until the January 1 of the year in
23which the participant would have attained the age of 70.5 years.
AB40,460,224 3. If Subject to section 401 (a) (9) of the Internal Revenue Code, if the spouse
25or domestic partner does not apply for a distribution, the distribution shall begin as

1an automatic distribution as provided under subd. 1. or under par. (c), whichever
2distribution date is earlier.
AB40,460,63 4. If Subject to section 401 (a) (9) of the Internal Revenue Code, if the spouse
4or domestic partner dies, but has designated a new beneficiary, the birth date of the
5spouse or domestic partner shall be used for the purposes of determining the required
6beginning date.
AB40,460,97 5. The department shall specify by rule all procedures relating to an automatic
8distribution to the spouse or domestic partner. These rules shall comply with the
9internal revenue code Internal Revenue Code.
AB40,742 10Section 742. 40.23 (4) (f) (intro.) of the statutes is amended to read:
AB40,460,1411 40.23 (4) (f) (intro.) If a participant dies before the distribution of benefits has
12commenced and the participant's beneficiary is not the spouse or domestic partner
13beneficiary cannot delay the automatic payment of benefits under section 401 (a) (9)
14of the Internal Revenue Code
, the beneficiary shall do one of the following:
AB40,743 15Section 743. 40.23 (4) (h) of the statutes is created to read:
AB40,460,1916 40.23 (4) (h) Death and disability benefits provided under this chapter are
17limited by the incidental benefit rule under section 401 (a) (9) (G) of the Internal
18Revenue Code and applicable federal regulations and guidance adopted under the
19Internal Revenue Code.
AB40,744 20Section 744. 40.23 (4) (i) of the statutes is created to read:
AB40,460,2221 40.23 (4) (i) Distributions of benefits shall conform to a reasonable and good
22faith interpretation of section 401 (a) (9) of the Internal Revenue Code.
AB40,745 23Section 745. 40.23 (4) (j) of the statutes is created to read:
AB40,460,2524 40.23 (4) (j) Pursuant to a qualified domestic relations order, the department
25may establish separate benefits for a participant and an alternate payee.
AB40,746
1Section 746. 40.26 (1) of the statutes is amended to read:
AB40,461,92 40.26 (1) Except as provided in sub. (1m) and ss. 40.05 (2) (g) 2. and 40.23 (1)
3(am), if a participant receiving a retirement annuity, or a disability annuitant who
4has attained his or her normal retirement date, receives earnings that are subject
5to s. 40.05 (1) or that would be subject to s. 40.05 (1) except for the exclusion specified
6in s. 40.22 (2) (L), the annuity shall be terminated and no annuity payment shall be
7payable after the month in which the participant files with the department a written
8election to be included within the provisions of the Wisconsin retirement system as
9a participating employee.
AB40,747 10Section 747. 40.26 (1m) of the statutes is created to read:
AB40,461,1711 40.26 (1m) If a participant receiving a retirement annuity, or a disability
12annuitant who has attained his or her normal retirement date, is employed in a
13position in covered employment in which he or she is expected to work at least
14two-thirds of what is considered full-time employment by the department, as
15determined under s. 40.22 (2r), the participant's annuity shall be terminated and no
16annuity payment shall be payable until after the participant terminates covered
17employment.
AB40,748 18Section 748. 40.26 (2) (intro.) of the statutes is amended to read:
AB40,461,2119 40.26 (2) (intro.) Upon termination of an annuity under sub. (1) or (1m), the
20retirement account of the participant whose annuity is so terminated shall be
21reestablished on the following basis:
AB40,749 22Section 749. 40.26 (5) (intro.) of the statutes is amended to read:
AB40,462,223 40.26 (5) (intro.) If a participant applies for an annuity or lump sum payment
24during the period in which less than 30 75 days have elapsed between the
25termination of employment with a participating employer and becoming a

1participating employee with any participating employer, all of the following shall
2apply:
AB40,750 3Section 750. 40.30 (4) (b) of the statutes is amended to read:
AB40,462,164 40.30 (4) (b) Subject to the federal annual compensation limits under 26 USC
5401 (a) (17) for a participating employee who first becomes a participating employee
6on or after January 1, 1996
, the final average salary or final average earnings used
7in the benefit formula computation for each retirement system under par. (a) shall
8be the individual's final average salary or final average earnings under the
9respective retirement system, determined in accordance with the provisions of that
10retirement system based on the earnings covered by that retirement system and on
11all service permitted under that retirement system to be used in determining the
12final average salary or final average earnings, increased by the percentage increase
13in the average of the total wages, as determined under 42 USC 415 (b) (3) (A),
14between the date on which the individual terminated all employment covered by that
15retirement system and the date on which the individual terminated all employment
16covered by any of those retirement systems.
AB40,751 17Section 751. 40.31 (1) of the statutes is amended to read:
AB40,463,218 40.31 (1) General limitation. The maximum retirement benefits payable to
19a participant in a calendar year, excluding benefits attributable to contributions
20subject to any limitations under s. 40.23 (2) (a), (2m) (c) and (3) the limit under s.
2140.32
, may not exceed the maximum benefit limitation established under section 415
22(b) of the Internal Revenue Code, as adjusted under section 415 (d) of the Internal
23Revenue Code and any applicable regulations or guidance adopted under the
24Internal Revenue Code, except that the limit for an individual who first became a
25participant before January 1, 1990, may not be less than the accrued benefits of the

1participant, as determined without regard to any changes to the retirement system
2after October 14, 1987
.
AB40,752 3Section 752. 40.32 (1) of the statutes is amended to read:
AB40,463,124 40.32 (1) The sum of all employee post-tax contributions allocated to a
5participant's account under each defined contribution plan sponsored by the
6employer, including all employer contributions and picked-up contributions
7credited with interest at the effective rate under ss. 40.04 (4) (a) and (5) (b) and 40.05
8(2) (g) and all employee contributions made under ss. 40.02 (17) and 40.05 (1),
may
9not in any calendar year exceed the maximum contribution limitation established
10under section 415 (c) of the Internal Revenue Code, as adjusted under section 415 (d)
11of the Internal Revenue Code and any applicable regulations adopted by the federal
12department of the treasury
.
AB40,753 13Section 753. 40.515 of the statutes is created to read:
AB40,463,23 1440.515 Health savings accounts; high-deductible health plan. (1) In
15addition to the health care coverage plans offered under s. 40.51 (6), beginning on
16January 1, 2015, the group insurance board shall offer to all state employees the
17option of receiving health care coverage through a high-deductible health plan and
18the establishment of a health savings account. Under this option, each employee
19shall receive health care coverage through a high-deductible health plan. The state
20shall make contributions into each employee's health savings account in an amount
21specified by the director of the office of state employment relations under s. 40.05 (4)
22(ah) 4. In designing a high-deductible health plan, the group insurance board shall
23ensure that the plan may be used in conjunction with a health savings account.
AB40,464,3
1(2) The group insurance board may contract with any person to provide
2administrative and other services relating to health savings accounts established
3under this section.
AB40,464,9 4(3) The group insurance board may collect fees from state agencies to pay all
5administrative costs relating to the establishment and operation of health savings
6accounts established under this section. The group insurance board shall develop a
7methodology for determining each state agency's share of the administrative costs.
8Moneys collected under this subsection shall be credited to the appropriation account
9under s. 20.515 (1) (tm).
AB40,464,13 10(4) Beginning on January 1, 2015, to the extent practicable, any agreement
11with any insurer or provider to provide health care coverage to state employees
12under s. 40.51 (6) shall require the insurer or provider to also offer a high-deductible
13health plan that may be used in conjunction with a health savings account.
AB40,754 14Section 754. 40.72 (4r) of the statutes is amended to read:
AB40,464,2115 40.72 (4r) At any time after an insured employee's amount of life insurance is
16reduced under subs. (2) and (3) and life insurance premiums are no longer required
17under s. 40.05 (6) (b), the employee may convert the present value of the life
18insurance to pay the premiums for health or long-term care insurance provided
19under subch. IV, but only if the department determines that the value of the
20conversion is exempt from taxation under the internal revenue code Internal
21Revenue Code
.
AB40,755 22Section 755. 40.80 (2) (g) of the statutes is amended to read:
AB40,465,323 40.80 (2) (g) Serve as trustee of any deferred compensation plan established
24under this section, hold the assets and income of the plan in trust for the exclusive
25benefit of the employees who participate in the plan and their beneficiaries, and

1maintain the plan as an eligible deferred compensation plan, as defined in 26 USC
2section 457 (b) of the Internal Revenue Code, and as a governmental plan for eligible
3employers, as defined in 26 USC section 457 (e) (1) (A) of the Internal Revenue Code.
AB40,756 4Section 756. 40.80 (2t) of the statutes is amended to read:
AB40,465,95 40.80 (2t) The deferred compensation board may require a deferred
6compensation plan under this subchapter, upon election by a participant who is a an
7eligible retired
public safety officer, to allow for the deduction of insurance premiums
8for health or long-term care insurance coverage from an amount distributed from a
9participant's account and for the payment of the premiums directly to an insurer.
AB40,757 10Section 757. 40.81 (2) of the statutes is amended to read:
AB40,465,1711 40.81 (2) Any local government employer, or 2 or more employers acting jointly,
12may also elect under procedures established by the employer or employers to
13contract directly with a deferred compensation plan provider to administer a
14deferred compensation plan or to manage any compensation deferred under the plan
15and may also provide a plan under section 403 (b) of the internal revenue code
16Internal Revenue Code under procedures established by the local government
17employer or employers.
AB40,758 18Section 758. 40.86 (intro.) of the statutes is amended to read:
AB40,465,23 1940.86 Covered expenses. (intro.) An employee-funded reimbursement
20account plan may provide reimbursement to an employee for only the following
21expenses that are actually incurred and paid by an employee and that the board
22determines are consistent with the applicable requirements of the internal revenue
23code
Internal Revenue Code:
AB40,759 24Section 759. 41.23 of the statutes is amended to read:
AB40,466,8
141.23 Sale of excess or surplus property. The department may acquire
2excess or surplus property from the department of administration under ss. 16.72 (4)
3(b) and 16.98 (1) or from the department of transportation under s. 84.09 (5s) and,
4subject to any prior action under s. 13.48 (14) (am) or 16.848 (1), the department may

5sell the property acquired under this section to any person at a price determined by
6the department of tourism. All proceeds received by the department of tourism from
7the sale of property under this section shall be credited to the appropriation account
8under s. 20.380 (1) (h).
AB40,760 9Section 760. 41.41 (7) (b) of the statutes is amended to read:
AB40,466,1310 41.41 (7) (b) Lease Subject to any prior action under s. 13.48 (14) (am) or 16.848
11(1), lease
land that is part of the Kickapoo valley reserve to any person for purposes
12consistent with the management of the reserve under sub. (3), or for agricultural
13purposes, and lease other land that is acquired by the board for any lawful purpose.
AB40,761 14Section 761. 42.106 (3) of the statutes is created to read:
AB40,466,1715 42.106 (3) The state fair park board shall enter into a memorandum of
16understanding with the department of administration regarding the provision of
17police and security services to state fair park.
AB40,762 18Section 762. 44.015 (1) of the statutes is amended to read:
AB40,466,2519 44.015 (1) Acquire any interest in real or personal property by gift, bequest or
20otherwise in any amount and, subject to prior action under s. 13.48 (14) (am) or
2116.848 (1),
may operate, manage, sell, or rent or convey real estate acquired by gift,
22bequest, foreclosure or other means, upon such terms and conditions as the board of
23curators deems for its interests but may not sell, mortgage, transfer or dispose of in
24any manner or remove from its buildings, except for temporary purposes, any article
25therein without authority of law.
AB40,763
1Section 763. 44.16 (1) of the statutes is amended to read:
AB40,467,92 44.16 (1) The Subject to any prior action under s. 13.48 (14) (am) or 16.848 (1),
3the
historical society may enter into a lease agreement with the Circus World
4Museum Foundation, Inc., for the purpose of operating Circus World Museum,
5located in Baraboo, Wisconsin. The lease agreement shall not include any provision
6for the payment of a percentage of gross admissions income at Circus World Museum
7to the historical society. If a lease agreement under this subsection is not in effect,
8the historical society shall operate and maintain Circus World Museum as provided
9in s. 44.20 (1).
AB40,764 10Section 764. 44.20 (1) of the statutes is amended to read:
AB40,467,1711 44.20 (1) The historical society shall operate and maintain the historic sites
12known as Stonefield Village, Pendarvis, Villa Louis, Old Wade House, Madeline
13Island Museum, Old World Wisconsin, H.H. Bennett Studios Studio, and, if the First
14Capitol state park has been transferred to the historical society under 1993
15Wisconsin Act 16
, section 9142 (1e), First Capitol. If a lease agreement under s. 44.16
16(1) is not in effect, the historical society shall also operate and maintain Circus World
17Museum.
AB40,765 18Section 765. 45.02 (2) (intro.) of the statutes is amended to read:
AB40,467,2319 45.02 (2) (intro.) Except as provided in sub. (3) and s. 45.51 (6m), to be eligible
20for benefits under this chapter an applicant shall be a resident of and living in this
21state at the time of making application or the veteran from whom the applicant
22derives eligibility is deceased, and the veteran from whom eligibility is derived meets
23one of the following conditions:
AB40,766 24Section 766. 45.03 (5) (c) 1. a. of the statutes is amended to read:
AB40,468,6
145.03 (5) (c) 1. a. Without limitation by reason of any other provisions of the
2statutes except s. ss. 13.48 (14) (am) and 16.848 (1), unless otherwise required by law,
3the power to sell and to convey title in fee simple to a nonprofit corporation any land
4and any existing buildings owned by the state that are under the jurisdiction of the
5department for the consideration and upon the terms and conditions as in the
6judgment of the board are in the public interest.
AB40,767 7Section 767. 45.04 (1) (a) of the statutes is amended to read:
AB40,468,148 45.04 (1) (a) "Duly authorized representative" means any person authorized
9in writing by the veteran to act for the veteran, the veteran's guardian if the veteran
10is adjudicated incompetent, or a legal representative if the veteran is deceased.
11Where for proper reason no representative If no person is so authorized and no
12guardian or legal representative
has been or will be appointed, the veteran's spouse,
13an adult child of the veteran, or, if the veteran is unmarried, either a parent or adult
14sibling
of the veteran shall be recognized as the duly authorized representative.
AB40,768 15Section 768. 45.20 (1) (d) of the statutes is amended to read:
AB40,468,2116 45.20 (1) (d) "Tuition," when referring to the University of Wisconsin System,
17means academic fees and segregated fees; when referring to the technical colleges,
18means "program fees" and "additional fees" as described in s. 38.24 (1m) and (1s); and
19when referring to a high school, a school that is approved under s. 45.03 (11), or a
20proprietary school that is approved under s. 38.50 440.55, means the charge for the
21courses for which a person is enrolled.
AB40,769 22Section 769. 45.20 (2) (a) 1. of the statutes is amended to read:
AB40,469,423 45.20 (2) (a) 1. The department shall administer a tuition reimbursement
24program for eligible veterans enrolling as undergraduates in any institution of
25higher education in this state, enrolling in a school that is approved under s. 45.03

1(11), enrolling in a proprietary school that is approved under s. 38.50 440.55,
2enrolling in a public or private high school, enrolling in a tribal school, as defined in
3s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident
4tuition under s. 39.47.
AB40,770 5Section 770. 45.20 (2) (a) 2. (intro.) of the statutes is amended to read:
AB40,469,116 45.20 (2) (a) 2. (intro.) A veteran who is a resident of this state and otherwise
7qualified to receive benefits under this subsection may receive the benefits under
8this subsection upon the completion of any correspondence courses or part-time
9classroom study from an institution of higher education located outside this state,
10from a school that is approved under s. 45.03 (11), or from a proprietary school that
11is approved under s. 38.50 440.55, if any of the following applies:
AB40,771 12Section 771. 45.20 (2) (c) 1. of the statutes is amended to read:
AB40,469,2513 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b)
141. may be reimbursed upon satisfactory completion of an undergraduate semester in
15any institution of higher education in this state, or upon satisfactory completion of
16a course at any school that is approved under s. 45.03 (11), any proprietary school
17that is approved under s. 38.50 440.55, any public or private high school, any tribal
18school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any
19institution from which the veteran receives a waiver of nonresident tuition under s.
2039.47. Except as provided in par. (e), the amount of reimbursement may not exceed
21the total cost of the veteran's tuition minus any grants or scholarships that the
22veteran receives specifically for the payment of the tuition, or, if the tuition is for an
23undergraduate semester in any institution of higher education, the standard cost of
24tuition for a state resident for an equivalent undergraduate semester at the
25University of Wisconsin-Madison, whichever is less.
AB40,772
1Section 772. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:
AB40,470,82 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for
3reimbursement under this subsection at any institution of higher education in this
4state, at a school that is approved under s. 45.03 (11), at a proprietary school that is
5approved under s. 38.50 440.55, at a public or private high school, at a tribal school,
6as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an
7institution where he or she is receiving a waiver of nonresident tuition under s. 39.47
8is limited to the following:
AB40,773 9Section 773. 45.205 of the statutes is created to read:
AB40,470,11 1045.205 Tuition reimbursement for students at tribal colleges. (1)
11Definitions. In this section:
AB40,470,1212 (a) "Tribal college" means any of the following:
AB40,470,1313 1. The College of Menominee Nation.
AB40,470,1414 2. Lac Courte Oreilles Ojibwa Community College.
AB40,470,1715 (b) "Tuition" means the amount charged to a student to enroll in a degree credit
16course. "Tuition" does not include fees or the cost of room and board, books, supplies,
17or equipment.
AB40,470,22 18(2) Tuition reimbursement program. (a) Application. Any veteran enrolled
19in a tribal college may apply to the department for tuition reimbursement under this
20subsection on a form prescribed by the department. The application shall contain
21information, as determined by the department, establishing the applicant's
22eligibility for tuition reimbursement under this subsection.
AB40,470,2423 (b) Eligibility. A veteran is eligible for tuition reimbursement under this
24subsection if he or she meets all of the following conditions:
AB40,471,2
11. The veteran is enrolled as a member of a federally recognized American
2Indian tribe or band in this state.
AB40,471,43 2. The veteran's annual household income does not exceed $50,000 plus $1,000
4for each dependent in excess of 2 dependents.
AB40,471,65 3. The veteran is a resident of this state at the time of application under par.
6(a).
AB40,471,137 4. The veteran was a resident of this state at the time of his or her entry into
8service or was a resident of this state for any consecutive 12-month period after entry
9into service and before the date of application under par. (a). If a veteran who
10submits an application under par. (a) meets that consecutive 12-month residency
11requirement, the department may not require the veteran to reestablish that he or
12she meets that residency requirement when he or she later applies for any other
13benefit under this chapter for which that residency requirement applies.
AB40,471,1514 5. The veteran does not have a bachelor's or higher degree from an institution
15of higher education, as defined in 20 USC 1001 (a).
AB40,471,2016 (c) Benefits. 1. Subject to the limitations under par. (d), if a veteran submits
17an application under par. (a) and establishes his or her eligibility for tuition
18reimbursement under par. (b), the department shall reimburse the veteran for the
19total amount of his or her tribal college tuition from the appropriation under s. 20.485
20(2) (km).
AB40,471,2521 2. If in any fiscal year the total amount of reimbursement payments to be paid
22under subd. 1. exceeds the moneys available for the payments from the appropriation
23under s. 20.485 (2) (km), the department shall prorate the available moneys among
24the applicants for reimbursement in proportion to the approved reimbursement
25amounts.
AB40,472,3
1(d) Limitations. 1. The department may not reimburse a veteran under this
2subsection for more than the following number of credits or semesters at a tribal
3college:
AB40,472,54 a. If the veteran served on active duty, except service on active duty for training
5purposes, for 90 to 180 days, 30 credits or 2 semesters.
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