Amendment SSA1-AB75

AB75-SSA1, s. 769 Section 769. 39.437 (5) of the statutes is renumbered 39.437 (5) (intro.) and amended to read:

AB75-SSA1,425,16 39.437 (5) Rules. (intro.) The board department of administration shall promulgate rules to implement this section, including rules all of the following:

AB75-SSA1,425,18 (a) Rules establishing a reporting system to periodically provide student economic data and any.

AB75-SSA1,425,20 (c) Any other rules the board department of administration considers necessary to assure the uniform administration of this section.

AB75-SSA1, s. 770 Section 770. 39.437 (5) (b) of the statutes is created to read:

AB75-SSA1,425,23 39.437 (5) (b) Rules establishing eligibility criteria for designation as a Wisconsin covenant scholar under sub. (2) (a) 2.

AB75-SSA1, s. 771 Section 771. 40.02 (2m) of the statutes is amended to read:

AB75-SSA1,426,3 40.02 (2m) "Alternate payee" means a former spouse or domestic partner of a participant who is named in a qualified domestic relations order as having a right to receive a portion of the benefits of the participant.

AB75-SSA1, s. 772 Section 772. 40.02 (8) (a) 2. of the statutes is amended to read:

AB75-SSA1,426,17 40.02 (8) (a) 2. In the absence of a written designation of beneficiary, or if all designated beneficiaries who survive the decedent die before filing with the department a beneficiary designation applicable to that death benefit or an application for any death benefit payable, the person determined in the following sequence: group 1, surviving spouse or surviving domestic partner; group 2, children of the deceased participant, employee or annuitant, in equal shares, with the share of any deceased child payable to the issue of the child or, if there is no surviving issue of a deceased child, to the other eligible children in this group or, if deceased, their issue; group 3, parent, in equal shares if both survive; group 4, brother and sister in equal shares and the issue of any deceased brother or sister. The shares payable to the issue of a person shall be determined per stirpes. No payment may be made to a person included in any group if there is a living person in any preceding group, and s. 854.04 (6) shall not apply to a determination under this subsection.

AB75-SSA1, s. 773 Section 773. 40.02 (20) of the statutes is amended to read:

AB75-SSA1,426,25 40.02 (20) "Dependent" means the spouse, domestic partner, minor child, including stepchildren of the current marriage or domestic partnership dependent on the employee for support and maintenance, or child of any age, including stepchildren of the current marriage or domestic partnership, if handicapped to an extent requiring continued dependence. For group insurance purposes only, the department may promulgate rules with a different definition of "dependent" than the one otherwise provided in this subsection for each group insurance plan.

AB75-SSA1, s. 774 Section 774. 40.02 (21c) of the statutes is created to read:

AB75-SSA1,427,2 40.02 (21c) "Domestic partner" means an individual in a domestic partnership.

AB75-SSA1, s. 775 Section 775. 40.02 (21d) of the statutes is created to read:

AB75-SSA1,427,5 40.02 (21d) "Domestic partnership" means a relationship between 2 individuals that satisfies all of the following:

AB75-SSA1,427,7 (a) Each individual is at least 18 years old and otherwise competent to enter into a contract.

AB75-SSA1,427,9 (b) Neither individual is married to, or in a domestic partnership with, another individual.

AB75-SSA1,427,11 (c) The 2 individuals are not related by blood in any way that would prohibit marriage under s. 765.03.

AB75-SSA1,427,13 (d) The 2 individuals consider themselves to be members of each other's immediate family.

AB75-SSA1,427,15 (e) The 2 individuals agree to be responsible for each other's basic living expenses.

AB75-SSA1,427,17 (f) The 2 individuals share a common residence. Two individuals may share a common residence even if any of the following applies:

AB75-SSA1,427,18 1. Only one of the individuals has legal ownership of the residence.

AB75-SSA1,427,20 2. One or both of the individuals have one or more additional residences not shared with the other individual.

AB75-SSA1,427,21 3. One of the individuals leaves the common residence with the intent to return.

AB75-SSA1, s. 775r Section 775r. 40.02 (25) (b) 2c. of the statutes, as created by 2009 Wisconsin Act 15, is amended to read:

AB75-SSA1,427,24 40.02 (25) (b) 2c. A state employee described in s. 49.825 (4) or 49.826 (4).

AB75-SSA1, s. 776 Section 776. 40.02 (25) (b) 3. of the statutes is amended to read:

AB75-SSA1,428,5 40.02 (25) (b) 3. The surviving spouse or domestic partner of an employee, or of a retired employee, who is currently covered by health insurance at the time of death of the employee or retired employee. The spouse or domestic partner shall have the same right to health insurance coverage as the deceased employee or retired employee, but without state contribution, under rules promulgated by the secretary.

AB75-SSA1, s. 777 Section 777. 40.02 (25) (b) 8. of the statutes is amended to read:

AB75-SSA1,428,9 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. I or, V, or VI of ch. 111 or under s. 230.12 or 233.10.

AB75-SSA1, s. 778 Section 778. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20, section 756, is amended to read:

AB75-SSA1,428,21 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3) and subch. X. "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB75-SSA1, s. 779 Section 779. 40.02 (28) of the statutes, as affected by 2007 Wisconsin Act 20, section 757, and 2009 Wisconsin Act .... (this act), is repealed and recreated to read:

AB75-SSA1,429,8 40.02 (28) "Employer" means the state, including each state agency, any county, city, village, town, school district, other governmental unit or instrumentality of 2 or more units of government now existing or hereafter created within the state, any federated public library system established under s. 43.19 whose territory lies within a single county with a population of 500,000 or more, a local exposition district created under subch. II of ch. 229, a transit authority created under s. 66.1039, and a long-term care district created under s. 46.2895, except as provided under ss. 40.51 (7) and 40.61 (3). "Employer" does not include a local cultural arts district created under subch. V of ch. 229. Each employer shall be a separate legal jurisdiction for OASDHI purposes.

AB75-SSA1, s. 779m Section 779m. 40.03 (2) (im) of the statutes is created to read:

AB75-SSA1,429,20 40.03 (2) (im) Shall permit an annuitant who is a member of a retiree organization that is affiliated with an employee organization to have the department deduct from the annuitant's annuity monthly voluntary payments for the employee or retiree organization or any other entity affiliated with either organization. The secretary shall establish a procedure for deducting monthly voluntary payments and for designating the organizations and affiliated entities eligible to receive the voluntary payments. When remitting deducted voluntary payments to an employee or retiree organization or affiliated entity, the secretary shall, for each annuitant from whose annuity voluntary payments are deducted, provide the employee or retiree organization or affiliated entity with the annuitant's name, amount of the deduction, and a unique identifier.

AB75-SSA1, s. 784 Section 784. 40.05 (1) (b) of the statutes is amended to read:

AB75-SSA1,430,24 40.05 (1) (b) In lieu of employee payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employees. Action to assume employee contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state shall pay under this paragraph for employees who are covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits are determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless otherwise provided in a collective bargaining agreement under subch. V or VI of ch. 111 or unless otherwise determined under s. 230.12. The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employees who are covered by a collective bargaining agreement under subch. I of ch. 111 and for employees whose fringe benefits are determined under s. 233.10 an amount equal to 4% of the earnings paid by the authority unless otherwise provided in a collective bargaining agreement under subch. I of ch. 111 or unless otherwise determined under s. 233.10. The state shall pay under this paragraph for employees who are not covered by a collective bargaining agreement under subch. V or VI of ch. 111 and for employees whose fringe benefits are not determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the director of the office of state employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for its employees who are not covered by a collective bargaining agreement under subch. I of ch. 111 an amount equal to 4% of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under s. 233.10.

AB75-SSA1, s. 785 Section 785. 40.05 (4) (ag) (intro.) of the statutes is amended to read:

AB75-SSA1,431,4 40.05 (4) (ag) (intro.) Beginning on January 1, 2004, except as otherwise provided in accordance with a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently employed insured employees:

AB75-SSA1, s. 786 Section 786. 40.05 (4) (ar) of the statutes is amended to read:

AB75-SSA1,431,13 40.05 (4) (ar) The employer shall pay under par. (a) for employees who are not covered by a collective bargaining agreement under subch. I or, V, or VI of ch. 111 and for employees whose health insurance premium contribution rates are not determined under s. 230.12 or 233.10 an amount equal to the amount specified in par. (ag) unless a different amount is recommended by the director of the office of state employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).

AB75-SSA1, s. 787 Section 787. 40.05 (4) (b) of the statutes is amended to read:

AB75-SSA1,432,22 40.05 (4) (b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10, and 757.02 (5) and subch. I or, V, or VI of ch. 111 of any eligible employee shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employee under s. 40.02 (25) (b) 6. or 10., be converted, at the employee's highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee's surviving insured dependents. Any supplemental compensation that is paid to a state employee who is classified under the state classified civil service as a teacher, teacher supervisor, or education director for the employee's completion of educational courses that have been approved by the employee's employer is considered as part of the employee's basic pay for purposes of this paragraph. The full premium for any eligible employee who is insured at the time of retirement, or for the surviving insured dependents of an eligible employee who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Upon conversion of an employee's unused sick leave to credits under this paragraph or par. (bf), the employee or, if the employee is deceased, the employee's surviving insured dependents may initiate deductions from those credits or may elect to delay initiation of deductions from those credits, but only if the employee or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the date on which the employee or surviving insured dependents later elect to initiate deductions from those credits. If an employee or an employee's surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee's surviving insured dependents may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).

AB75-SSA1, s. 788 Section 788. 40.05 (4) (bw) of the statutes is amended to read:

AB75-SSA1,433,9 40.05 (4) (bw) On converting accumulated unused sick leave to credits for the payment of health insurance premiums under par. (b), the department shall add additional credits, calculated in the same manner as are credits under par. (b), that are based on a state employee's accumulated sabbatical leave or earned vacation leave from the state employee's last year of service prior to retirement, or both. The department shall apply the credits awarded under this paragraph for the payment of health insurance premiums only after the credits awarded under par. (b) are exhausted. This paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V or VI of ch. 111.

AB75-SSA1, s. 789 Section 789. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB75-SSA1,433,15 40.05 (4g) (a) 4. Has received a military leave of absence under s. 230.32 (3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V or VI of ch. 111 or under rules promulgated by the director of the office of state employment relations or is eligible for reemployment with the state under s. 321.64 after completion of his or her service in the U.S. armed forces.

AB75-SSA1, s. 790 Section 790. 40.05 (5) (intro.) of the statutes is amended to read:

AB75-SSA1,433,21 40.05 (5) Income continuation insurance premiums. (intro.) For the income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has contributed the following or, if different, the amount determined under a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10:

AB75-SSA1, s. 791 Section 791. 40.05 (5) (b) 4. of the statutes is amended to read:

AB75-SSA1,433,25 40.05 (5) (b) 4. The accrual and crediting of sick leave shall be determined in accordance with ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I or, V, or VI of ch. 111.

AB75-SSA1, s. 792 Section 792. 40.05 (6) (a) of the statutes is amended to read:

AB75-SSA1,434,9 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I or, V, or VI of ch. 111 or s. 230.12 or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall not exceed 60 cents monthly for each $1,000 of group life insurance, based upon the last amount of insurance in force during the month for which earnings are paid. The equivalent premium may be fixed by the group insurance board if the annual compensation is paid in other than 12 monthly installments.

AB75-SSA1, s. 792b Section 792b. 40.07 (1) of the statutes is amended to read:

AB75-SSA1,434,13 40.07 (1) Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed except as provided in this section and s. 40.03 (2) (im).

AB75-SSA1, s. 792d Section 792d. 40.07 (3) of the statutes is amended to read:

AB75-SSA1,434,17 40.07 (3) The Except as provided in sub. (4) (b), the department shall not furnish lists of participants, annuitants or beneficiaries to any person or organization except as required for the proper administration of the department.

AB75-SSA1, s. 792g Section 792g. 40.07 (4) of the statutes is created to read:

AB75-SSA1,434,21 40.07 (4) (a) An employee or retiree organization or affiliated entity eligible to receive voluntary payments under s. 40.03 (2) (im) may mail printed information and membership materials to annuitants using the procedure under par. (b).

AB75-SSA1,435,5 (b) At the request of an employee or retiree organization or affiliated entity eligible to receive voluntary payments under s. 40.03 (2) (im), the department shall select a vendor to mail to annuitants any printed information and membership materials for the organization or entity and shall provide that vendor with a list of names and mailing addresses of all annuitants. The department shall identify the total number of annuitants to the organization or entity and the organization or entity shall provide the vendor any printed information and membership materials to mail to the annuitants. The organization or entity shall pay to the vendor all costs for mailing the printed information and any membership materials.

AB75-SSA1,435,10 (c) The vendor may not provide the names or address of any annuitant to any person, including the organization or entity. After mailing the printed information and any membership materials to the annuitants, on behalf of the organization or entity, the vendor shall return the list of annuitant names and mailing addresses to the department and may not retain any copies of the list.

AB75-SSA1, s. 792h Section 792h. 40.08 (1j) of the statutes is created to read:

AB75-SSA1,435,15 40.08 (1j) Voluntary payments to employee or retiree organizations and affiliated entities. Notwithstanding sub. (1), an annuitant may have the department deduct from his or her annuity monthly voluntary payments to an employee or retiree organization or affiliated entity under s. 40.03 (2) (im).

AB75-SSA1, s. 793 Section 793. 40.08 (8) (a) 4. of the statutes is amended to read:

AB75-SSA1,436,2 40.08 (8) (a) 4. The former spouse or domestic partner of a participant who is an alternate payee and whom the department cannot locate by reasonable efforts, with such efforts beginning by the end of the month in which the participant attains, or would have attained, the age of 65, shall be considered to have abandoned all benefits under the Wisconsin retirement system on the date on which the participant attains, or would have attained, the age of 70. The department shall close the alternate payee's account and shall transfer the moneys in the account to the employer accumulation reserve. The department shall restore the alternate payee's account and shall debit the employer accumulation reserve accordingly if the alternate payee subsequently applies for retirement benefits under this chapter before the participant attains or would have attained the age of 80.

AB75-SSA1, s. 793g Section 793g. 40.08 (8) (c) of the statutes is amended to read:

AB75-SSA1,436,12 40.08 (8) (c) The department shall publish a class 1 notice, under ch. 985, in the official state paper on the department's Web site for a reasonable period of time stating the names of persons presumed to have died intestate, without heirs or beneficiary, or whose accounts are presumed to be abandoned under par. (a), and the fact that a benefit will be paid, if applied for within the time limits under par. (a) and if the participant, alternate payee or other person offers proof satisfactory to the department that the participant, alternate payee or other person is entitled to the benefit. Such proof shall include, but is not limited to, evidence that the participant died and that the person is the beneficiary under s. 40.02 (8).

AB75-SSA1, s. 794 Section 794. 40.08 (9) of the statutes is amended to read:

AB75-SSA1,436,19 40.08 (9) Payments of benefits to minors and individuals found incompetent. In any case in which a benefit amount becomes payable to a minor or to an individual adjudicated incompetent, the department may waive guardianship proceedings, and pay the benefit to the person providing for or caring for the minor, or to the spouse or domestic partner, parent, or other relative by blood or adoption providing for or caring for the individual adjudicated incompetent.

AB75-SSA1, s. 794r Section 794r. 40.22 (2) (m) of the statutes, as created by 2009 Wisconsin Act 15, is amended to read:

AB75-SSA1,437,3 40.22 (2) (m) Notwithstanding sub. (3m), the employee was formerly employed by Milwaukee County, is a state employee described in s. 49.825 (4) or 49.826 (4), and elects to remain a covered employee under the retirement system established under chapter 201, laws of 1937, pursuant to s. 49.825 (4) (c) or 49.826 (4) (c). This paragraph shall not apply if the employee remains a state employee, but is no longer performing services for the Milwaukee County enrollment services unit under s. 49.825 or the child care provider services unit under s. 49.826.

AB75-SSA1, s. 795 Section 795. 40.22 (2m) (a) of the statutes is amended to read:

AB75-SSA1,437,8 40.22 (2m) (a) At least one year for at least one-third of what is considered full-time employment by the department, as determined by rule, or, for an educational support personnel employee, at least one year for at least one-third of what is considered full-time employment for a teacher.

AB75-SSA1, s. 796 Section 796. 40.23 (2m) (fm) of the statutes is amended to read:

AB75-SSA1,437,22 40.23 (2m) (fm) Notwithstanding s. 40.02 (17) (intro.), for purposes of determining creditable service under par. (f) 2., participants with at least 0.75 of a year a participant's amount of creditable service in any annual earnings period shall be treated as having one year the amount of creditable service that a teacher would earn for that annual earnings period. To be eligible for the treatment provided by this paragraph, the participant must have earned only a partial year of creditable service in at least 5 of the 10 annual earnings periods immediately preceding the annual earnings period in which the participant terminated covered employment, and the participant must notify the department of the applicability of this paragraph to the participant's service. The participant is not eligible for the treatment provided by this paragraph if such notification is provided by the participant later than 60 days after the participant's annuity effective date. This paragraph does not apply to service credited under s. 40.02 (15) or to creditable service as a teacher.

AB75-SSA1, s. 797 Section 797. 40.23 (4) (e) of the statutes is amended to read:

AB75-SSA1,438,2 40.23 (4) (e) 1. Subject to subds. 2. to 4., if a participant dies before the distribution of benefits has commenced and the participant's beneficiary is the spouse or domestic partner, the department shall begin the distribution within 5 years after the date of the participant's death.

AB75-SSA1,438,6 2. If the spouse or domestic partner files a subsequent beneficiary designation with the department, the payment of the distribution may be deferred until the January 1 of the year in which the participant would have attained the age of 70.5 years.

AB75-SSA1,438,9 3. If the spouse or domestic partner does not apply for a distribution, the distribution shall begin as an automatic distribution as provided under subd. 1. or under par. (c), whichever distribution date is earlier.

AB75-SSA1,438,12 4. If the spouse or domestic partner dies, but has designated a new beneficiary, the birth date of the spouse or domestic partner shall be used for the purposes of determining the required beginning date.

AB75-SSA1,438,15 5. The department shall specify by rule all procedures relating to an automatic distribution to the spouse or domestic partner. These rules shall comply with the internal revenue code.

AB75-SSA1, s. 798 Section 798. 40.23 (4) (f) (intro.) of the statutes is amended to read:

AB75-SSA1,438,19 40.23 (4) (f) (intro.) If a participant dies before the distribution of benefits has commenced and the participant's beneficiary is not the spouse or domestic partner, the beneficiary shall do one of the following:

AB75-SSA1, s. 799 Section 799. 40.24 (7) (a) (intro.) of the statutes is amended to read:

AB75-SSA1,439,9 40.24 (7) (a) (intro.) Any participant who has been married to the same spouse, or in a domestic partnership with the same domestic partner, for at least one year immediately preceding the participant's annuity effective date shall elect the annuity option under sub. (1) (d), the annuity option under sub. (1) (e), if the reduced annuity under sub. (1) (e) is payable in an optional life form provided under sub. (1) (d), or an annuity option in a form provided by rule, if the annuity is payable for life with monthly payments of at least 75% of the amount of the annuity to be continued to the beneficiary, for life, upon the death of the participant, and the participant shall designate the spouse or domestic partner as the beneficiary, unless the participant's application for a retirement annuity in a different optional annuity form is signed by both the participant and the participant's spouse or domestic partner or unless the participant establishes to the satisfaction of the department that, by reason of absence or other inability, the spouse's or domestic partner's signature may not be obtained. This subsection does not apply to any of the following:

AB75-SSA1, s. 800 Section 800. 40.24 (7) (b) of the statutes is amended to read:

AB75-SSA1,439,22 40.24 (7) (b) In administering this subsection, the secretary may require the participant to provide the department with a certification of the participant's marital or domestic partnership status and of the validity of the spouse's or domestic partner's signature. If a participant is exempted from the requirements under par. (a) on the basis of a certification which the department or a court subsequently determines to be invalid, the liability of the fund and the department shall be limited to a conversion of annuity options at the time the certification is determined to be invalid. The conversion shall be from the present value of the annuity in the optional form originally elected by the participant to an annuity with the same present value but in the optional form under sub. (1) (d) and with monthly payments of 100% of the amount of the annuity paid to the annuitant to be continued to the spouse or domestic partner beneficiary.