1999 - 2000 LEGISLATURE
June 15, 1999 - Introduced by Representatives J. Lehman, Pocan, Ryba, Gronemus,
Plouff, Handrick, Miller and Sykora, cosponsored by Senator Darling.
Referred to Joint survey committee on Retirement Systems.
AB388,1,3
1An Act to amend 40.02 (42) (d); and
to create 40.02 (42) (am) of the statutes;
2relating to: the normal retirement date under the Wisconsin retirement
3system for individuals employed by certain school districts.
Analysis by the Legislative Reference Bureau
Under current law, the normal retirement date in the Wisconsin retirement
system (WRS) is the date on which a participant in the WRS is eligible to receive full
retirement benefits. With certain exceptions, if a participant retires before his or her
normal retirement date, the participant's WRS annuity is reduced. Currently, the
normal retirement date for a participant who is not a protective occupation
participant, elected official or executive participating employe is the date on which
he or she attains the age of 65 years. This bill provides that the normal retirement
date for an individual who is employed by a school district is 55 if a referendum held
in the current or previous year for the purpose of exceeding the school district's
revenue limit failed to pass and the school board determines that at least one of the
following has occurred, as a result of financial constraints, within the current year
or two previous years:
1. The school board closed a school.
2. The average size of classes in the school district has increased.
3. The school board reduced the size or extent of school programs.
4. The school board deferred scheduled building maintenance.
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 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:
AB388, s. 1
1Section
1. 40.02 (42) (am) of the statutes is created to read:
AB388,2,62
40.02
(42) (am) The date on which a participant attains the age of 55 for a
3participant who is employed by a school district, except as provided in par. (g), if a
4referendum held under s. 121.91 (3) in the current or previous year failed to pass and
5the school board determines that one or more of the following has occurred, as a
6result of financial constraints, within the current or 2 previous years:
AB388,2,77
1. The school board closed a school.
AB388,2,88
2. The average size of classes in the school district has increased.
AB388,2,99
3. The school board reduced the size or extent of school programs.
AB388,2,1010
4. The school board deferred scheduled building maintenance.
AB388, s. 2
11Section
2. 40.02 (42) (d) of the statutes is amended to read:
AB388,2,1312
40.02
(42) (d) The date on which a participant attains the age of 65 years for
13any participant not subject to par. (a)
, (am) or (b), except as provided in par. (g).
AB388,2,1715
(1) This act first applies to the determination of the normal retirement date for
16an individual who is employed by a school district and who is a participating employe
17in the Wisconsin retirement system on the effective date of this subsection.