LRBb0730/1
CMH&PJK:nwn:ph
2009 - 2010 LEGISLATURE
ASSEMBLY AMENDMENT 94,
TO ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO 2009 ASSEMBLY BILL 75
June 11, 2009 - Offered by Representatives Kramer and Vukmir.
AB75-ASA1-AA94,1,4
4"
Section 2239g. 111.70 (4) (mc) 4. of the statutes is created to read:
AB75-ASA1-AA94,1,105
111.70
(4) (mc) 4. The employer's selection of a health care coverage plan if the
6municipal employer offers to enroll the employees in a health care coverage plan
7under s. 40.51 (7) or in a health care coverage plan that is substantially similar to
8a plan offered under s. 40.51 (7). The commission shall use the criteria in rules
9promulgated by the commissioner of insurance under s. 601.41 (11) to determine if
10health care coverage plans are substantially similar.
AB75-ASA1-AA94,2,13
1111.70
(4) (n)
Municipal employer-initiated change in health care coverage
2plan provider. Notwithstanding the terms of a collective bargaining agreement, a
3municipal employer may unilaterally change its employees' health care coverage
4plan provider without the consent of any affected employee in the collective
5bargaining unit if the benefits provided by the new health care coverage plan
6provider are substantially similar to those provided by the former health care
7coverage plan provider and if either the persons who provide health care coverage
8under the new plan are the same as under the former plan or cost savings will result
9from changing the health care coverage plan provider. Any such unilateral change
10in health care coverage plan provider is not a violation of a collective bargaining
11agreement or a prohibited practice under sub. (3) (a) and, for purposes of a qualified
12economic offer, satisfies the requirement to maintain fringe benefits under sub. (1)
13(nc).
AB75-ASA1-AA94, s. 2239k
14Section 2239k. 111.70 (4) (n) of the statutes, as created by 2009 Wisconsin Act
15.... (this act), is amended to read:
AB75-ASA1-AA94,3,316
111.70
(4) (n)
Municipal employer-initiated change in health care coverage
17plan provider. Notwithstanding the terms of a collective bargaining agreement, a
18municipal employer may unilaterally change its employees' health care coverage
19plan provider without the consent of any affected employee in the collective
20bargaining unit if the benefits provided by the new health care coverage plan
21provider are substantially similar to those provided by the former health care
22coverage plan provider and if either the persons who provide health care coverage
23under the new plan are the same as under the former plan or cost savings will result
24from changing the health care coverage plan provider. Any such unilateral change
25in health care coverage plan provider is not a violation of a collective bargaining
1agreement or a prohibited practice under sub. (3) (a)
and, for purposes of a qualified
2economic offer, satisfies the requirement to maintain fringe benefits under sub. (1)
3(nc).".
AB75-ASA1-AA94,3,106
601.41
(11) Substantially similar health care coverage plan. The
7commissioner shall promulgate rules that set out a standardized summary of
8benefits provided under health care coverage plans, including plans offered under
9s. 40.51 (7), for use in determining whether a health care coverage plan is
10substantially similar to a plan offered under s. 40.51 (7).".
AB75-ASA1-AA94,3,16
12"
(3u) Health care coverage providers. The treatment of section 111.70 (1) (a)
13(as it relates to change in health care coverage plan providers) and (4) (mc) 4. of the
14statutes and the creation of section 111.70 (4) (n) of the statutes first apply to
15collective bargaining agreements entered into, extended, modified, or renewed,
16whichever occurs first, on the effective date of this subsection.".
