Amendment AA1-ASA1-AB40

AB40-ASA1-AA1,24,12 20.928 (1) Each state agency head shall certify to the department of administration, at such time and in such manner as the secretary of administration prescribes, the sum of money needed by the state agency from the appropriations under s. 20.865 (1) (c), (ci), (cm), (cj), (d), (i), (ic), (im), (j), (s), (si), (sm), and (t). Upon receipt of the certifications together with such additional information as the secretary of administration prescribes, the secretary shall determine the amounts required from the respective appropriations to supplement state agency budgets.".

AB40-ASA1-AA1,24,14 44. Page 443, line 4: delete the material beginning with that line and ending with page 444, line 9, and substitute:

AB40-ASA1-AA1,24,15 " Section 951g. 36.09 (1) (j) of the statutes is amended to read:

AB40-ASA1-AA1,25,21 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91 or 111.998, the board shall establish salaries for persons not in the classified staff prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees specified in ss. 20.923 (5) and (6) (m) and 230.08 (2) (d) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct a salary inequity or to recognize competitive factors. The board may not increase the salary of any position identified in s. 20.923 (4g) (ae) and (am) to correct a salary inequity that results from the appointment of a person to a position identified in s. 20.923 (4g) (ae) and (am) unless the increase is approved by the office of state employment relations. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and director of the office of state employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.

AB40-ASA1-AA1, s. 951km Section 951km. 36.09 (1) (j) of the statutes, as affected by 2011 Wisconsin act 10 and 2011 Wisconsin Act .... (this act), is repealed and recreated to read:

AB40-ASA1-AA1,26,20 36.09 (1) (j) Except where such matters are a subject of bargaining with a certified representative of a collective bargaining unit under s. 111.91, the board shall establish salaries for persons prior to July 1 of each year for the next fiscal year, and shall designate the effective dates for payment of the new salaries. In the first year of the biennium, payments of the salaries established for the preceding year shall be continued until the biennial budget bill is enacted. If the budget is enacted after July 1, payments shall be made following enactment of the budget to satisfy the obligations incurred on the effective dates, as designated by the board, for the new salaries, subject only to the appropriation of funds by the legislature and s. 20.928 (3). This paragraph does not limit the authority of the board to establish salaries for new appointments. The board may not increase the salaries of employees under this paragraph unless the salary increase conforms to the proposal as approved under s. 230.12 (3) (e) or the board authorizes the salary increase to correct salary inequities under par. (h), to fund job reclassifications or promotions, or to recognize competitive factors. The granting of salary increases to recognize competitive factors does not obligate inclusion of the annualized amount of the increases in the appropriations under s. 20.285 (1) for subsequent fiscal bienniums. No later than October 1 of each year, the board shall report to the joint committee on finance and the secretary of administration and director of the office of state employment relations concerning the amounts of any salary increases granted to recognize competitive factors, and the institutions at which they are granted, for the 12-month period ending on the preceding June 30.".

AB40-ASA1-AA1,26,21 45. Page 450, line 16: after that line insert:

AB40-ASA1-AA1,26,22 " Section 970s. 36.25 (13g) (c) of the statutes is repealed.".

AB40-ASA1-AA1,26,23 46. Page 480, line 4: after that line insert:

AB40-ASA1-AA1,26,24 " Section 1136m. 40.02 (22) (ec) of the statutes is created to read:

AB40-ASA1-AA1,27,2 40.02 (22) (ec) Includes contributions made by a reduction in salary as provided in s. 40.05 (1) (b).".

AB40-ASA1-AA1,27,3 47. Page 480, line 4: after that line insert:

AB40-ASA1-AA1,27,4 " Section 1138m. 40.02 (25) (b) 2. of the statutes is amended to read:

AB40-ASA1-AA1,27,7 40.02 (25) (b) 2. Any person employed as a teaching assistant or graduate assistant and other employees-in-training as are designated by the board of regents of the university, who are employed on at least a one-third full-time basis.".

AB40-ASA1-AA1,27,8 48. Page 480, line 6: after that line insert:

AB40-ASA1-AA1,27,9 " Section 1139g. 40.02 (25) (b) 8. of the statutes is amended to read:

AB40-ASA1-AA1,27,12 40.02 (25) (b) 8. Any other state employee for whom coverage is authorized under a collective bargaining agreement pursuant to subch. I, V, or VI of ch. 111 or under s. 230.12 or 233.10.

AB40-ASA1-AA1, s. 1139p Section 1139p. 40.02 (27) of the statutes is amended to read:

AB40-ASA1-AA1,27,15 40.02 (27) "Employee required contribution" means the contribution made by an employee under s. 40.05 (1) (a) 1. to 4. or for an employee under s. 40.05 (1) (b).".

AB40-ASA1-AA1,27,16 49. Page 481, line 22: after that line insert:

AB40-ASA1-AA1,27,17 " Section 1143p. 40.03 (6) (c) of the statutes is amended to read:

AB40-ASA1-AA1,28,5 40.03 (6) (c) Shall not enter into any agreements to modify or expand group insurance coverage in a manner which conflicts with this chapter or rules of the department or materially affects the level of premiums required to be paid by the state or its employees, or the level of benefits to be provided, under any group insurance coverage. This restriction shall not be construed to prevent modifications required by law, prohibit the group insurance board from modifying the standard plan to establish a more cost effective benefit plan design or providing optional insurance coverages as alternatives to the standard insurance coverage when any excess of required premium over the premium for the standard coverage is paid by the employee, prohibit the group insurance board from encouraging participation in wellness or disease management programs, or prohibit the group insurance board from providing other plans as authorized under par. (b).".

AB40-ASA1-AA1,28,6 50. Page 482, line 5: after that line insert:

AB40-ASA1-AA1,28,8 " Section 1145d. 40.05 (1) (a) (intro.) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,28,9 40.05 (1) (a) (intro.) Subject to par. (b):

AB40-ASA1-AA1, s. 1145f Section 1145f. 40.05 (1) (a) 1. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,28,14 40.05 (1) (a) 1. For each participating employee not otherwise specified, a percentage of each payment of earnings equal to one-half of the total actuarially required contribution rate, as approved by the board under s. 40.03 (1) (e).

AB40-ASA1-AA1, s. 1145h Section 1145h. 40.05 (1) (a) 2. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,28,20 40.05 (1) (a) 2. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 2., a percentage of each payment of earnings equal to one-half of the total actuarially required contribution rate, as approved by the board under s. 40.03 (1) (e).

AB40-ASA1-AA1, s. 1145j Section 1145j. 40.05 (1) (a) 3. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,29,3 40.05 (1) (a) 3. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 3., the percentage of earnings paid by a participating employee under subd. 1.

AB40-ASA1-AA1, s. 1145L Section 1145L. 40.05 (1) (a) 4. of the statutes is, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,29,8 40.05 (1) (a) 4. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 4., the percentage of earnings paid by a participating employee under subd. 1.".

AB40-ASA1-AA1,29,10 51. Page 482, line 6: delete the material beginning with that line and ending with page 483, line 13, and substitute:

AB40-ASA1-AA1,29,12 " Section 1145n. 40.05 (1) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,29,20 40.05 (1) (b) 1. Except as otherwise provided in a collective bargaining agreement entered into under subch. IV or V of ch. 111 and except as provided in subd. 2., an employer may not pay, on behalf of a participating employee, any of the contributions required by par. (a). The contributions required by par. (a) shall be made by a reduction in salary and, for tax purposes, shall be considered employer contributions under section 414 (h) (2) of the Internal Revenue Code. A participating employee may not elect to have contributions required by par. (a) paid directly to the employee or make a cash or deferred election with respect to the contributions.

AB40-ASA1-AA1,30,3 2. a. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subd. 2. a. .... [LRB inserts date].

AB40-ASA1-AA1,30,10 b. An employer shall pay, on behalf of a nonrepresented managerial employee in a position described under s. 40.02 (48) (am) 7. or 8., who was initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date], in a position described under s. 40.02 (48) (am) 7. or 8. the same contributions required by par. (a) that are paid by the employer for represented employees in positions described under s. 40.02 (48) (am) 7. or 8. who were initially employed by the state before the effective date of this subd. 2. b. .... [LRB inserts date].

AB40-ASA1-AA1,30,21 c. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date], and who on or after the effective date of this subd. 2. c. .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subd. 2. c. .... [LRB inserts date], the same contributions required by par. (a) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by a municipal employer before the effective date of this subd. 2. c. .... [LRB inserts date].".

AB40-ASA1-AA1,30,22 52. Page 483, line 13: after that line insert:

AB40-ASA1-AA1,30,23 " Section 1145rc. 40.05 (2m) of the statutes is repealed.

AB40-ASA1-AA1, s. 1145re Section 1145re. 40.05 (2n) of the statutes is repealed.

AB40-ASA1-AA1, s. 1145rh Section 1145rh. 40.05 (4) (ag) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,31,5 40.05 (4) (ag) Except as otherwise provided in a collective bargaining agreement under subch. V of ch. 111, the employer shall pay for its currently employed insured employees:

AB40-ASA1-AA1,31,9 1. For insured part-time employees other than employees specified in s. 40.02 (25) (b) 2., including those in project positions as defined in s. 230.27 (1), who are appointed to work less than 1,044 hours per year, an amount determined annually by the director of the office of state employment relations under par. (ah).

AB40-ASA1-AA1,31,13 2. For eligible employees not specified in subd. 1. and s. 40.02 (25) (b) 2., an amount not more than 88 percent of the average premium cost of plans offered in the tier with the lowest employee premium cost under s. 40.51 (6), as determined annually by the director of the office of state employment relations under par. (ah).

AB40-ASA1-AA1, s. 1145rm Section 1145rm. 40.05 (4) (ah) of the statutes is created to read:

AB40-ASA1-AA1,31,17 40.05 (4) (ah) Annually, the director of the office of state employment relations shall establish the amount that employees are required to pay for health insurance premiums in accordance with the maximum employer payments under par. (ag).

AB40-ASA1-AA1, s. 1145rs Section 1145rs. 40.05 (4) (ar) of the statutes is repealed.".

AB40-ASA1-AA1,31,20 53. Page 483, line 22: delete the material beginning with that line and ending with page 485, line 5, and substitute:

AB40-ASA1-AA1,31,22 " Section 1146m. 40.05 (4) (b) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,33,6 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, 238.04 (8), and 757.02 (5) and subch. V 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).".

AB40-ASA1-AA1,33,7 54. Page 485, line 20: after that line insert:

AB40-ASA1-AA1,33,8 " Section 1150g. 40.05 (4) (bw) of the statutes is amended to read:

AB40-ASA1-AA1,33,19 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.

AB40-ASA1-AA1, s. 1150p Section 1150p. 40.05 (4) (c) of the statutes is amended to read:

AB40-ASA1-AA1,33,24 40.05 (4) (c) The employer shall contribute toward the payment of premiums for the plan established under s. 40.52 (3) not more than the percentage of premium paid by the employer for health insurance coverage under par. (ag) 2 the amount established under s. 40.52 (3).".

AB40-ASA1-AA1, s. 1151g Section 1151g. 40.05 (4g) (a) 4. of the statutes is amended to read:

AB40-ASA1-AA1,34,6 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.

AB40-ASA1-AA1, s. 1151p Section 1151p. 40.05 (5) (intro.) of the statutes is amended to read:

AB40-ASA1-AA1,34,12 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, V, or VI of ch. 111 or s. 230.12 or 233.10:".

AB40-ASA1-AA1,34,13 55. Page 485, line 21: delete lines 21 to 24 and substitute:

AB40-ASA1-AA1,34,15 " Section 1153b. 40.05 (5) (b) 4. of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,34,18 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, 238.04 (8), and 757.02 (5) and subch. V of ch. 111.".

AB40-ASA1-AA1,34,19 56. Page 485, line 24: after that line insert:

AB40-ASA1-AA1,34,20 " Section 1153c. 40.05 (6) (a) of the statutes is amended to read:

AB40-ASA1-AA1,35,4 40.05 (6) (a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I, 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.".

AB40-ASA1-AA1,35,5 57. Page 487, line 19: after that line insert:

AB40-ASA1-AA1,35,6 " Section 1156gh. 40.23 (2m) (e) 2. of the statutes is amended to read:

AB40-ASA1-AA1,35,12 40.23 (2m) (e) 2. For each participant for creditable service as an elected official or as an executive participating employee that is performed before January 1, 2000, 2.165%; for such creditable service that is performed on or after January 1, 2000, but before the effective date of this subdivision .... [LRB inserts date], 2%; and for such creditable service that is performed on or after the effective date of this subdivision .... [LRB inserts date], 1.6%.".

AB40-ASA1-AA1,35,13 58. Page 489, line 18: after that line insert:

AB40-ASA1-AA1,35,14 " Section 1156tm. 40.32 (1) of the statutes is amended to read:

AB40-ASA1-AA1,35,21 40.32 (1) The sum of all contributions allocated to a participant's account under each defined contribution plan sponsored by the employer, including all employer contributions and picked-up contributions credited with interest at the effective rate under ss. 40.04 (4) (a) and (5) (b) and 40.05 (2) (g) and all employee contributions made under ss. 40.02 (17) and 40.05 (1) and (2m), may not in any calendar year exceed the maximum contribution limitation established under section 415 (c) of the Internal Revenue Code.".

AB40-ASA1-AA1,35,23 59. Page 489, line 19: delete the material beginning with that line and ending with page 491, line 2, and substitute:

AB40-ASA1-AA1,36,2 " Section 1156ym. 40.51 (7) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,36,14 40.51 (7) (a) Any employer, other than the state, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers and may by rule limit the categories of employers, other than the state, which may be included as participating employers under this subchapter. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB40-ASA1-AA1,36,21 (b) 1. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].

AB40-ASA1-AA1,37,7 2. A municipal employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date], and who on or after the effective date of this subdivision .... [LRB inserts date], became employed in a nonrepresented law enforcement or fire fighting managerial position with the same municipal employer, or a successor municipal employer in the event of a combined department that is created on or after the effective date of this subdivision .... [LRB inserts date], the same percentage under par. (a) that is paid by the municipal employer for represented law enforcement or fire fighting personnel who were initially employed by the municipal employer before the effective date of this subdivision .... [LRB inserts date].".

AB40-ASA1-AA1,37,8 60. Page 491, line 2: after that line insert:

AB40-ASA1-AA1,37,10 " Section 1158m. 40.52 (3) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,37,19 40.52 (3) The group insurance board, after consulting with the board of regents of the University of Wisconsin System, shall establish the terms of a health insurance plan for graduate assistants or teaching assistants, and for employees-in-training designated by the board of regents, who are employed on at least a one-third full-time basis and for teachers who are employed on at least a one-third full-time basis by the University of Wisconsin System with an expected duration of employment of at least 6 months but less than one year. Annually, the director of the office of state employment relations shall establish the amount that the employer and employees are required to pay in premium costs under this subsection.".

AB40-ASA1-AA1,37,20 61. Page 491, line 12: delete lines 12 to 16 and substitute:

AB40-ASA1-AA1,37,22 " Section 1161m. 40.62 (2) of the statutes, as affected by 2011 Wisconsin Act 10, is repealed and recreated to read:

AB40-ASA1-AA1,38,2 40.62 (2) Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).".

AB40-ASA1-AA1,38,3 62. Page 491, line 16: after that line insert:

AB40-ASA1-AA1,38,4 " Section 1162g. 40.80 (3) of the statutes is amended to read:

AB40-ASA1-AA1,38,6 40.80 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. V or VI of ch. 111.

AB40-ASA1-AA1, s. 1162p Section 1162p. 40.81 (3) of the statutes is amended to read:

AB40-ASA1-AA1,38,9 40.81 (3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV, or V, or VI of ch. 111.".