2015 - 2016 LEGISLATURE
August 6, 2015 - Introduced by Representatives Hebl, Hesselbein, Sinicki,
Johnson, Kessler, Doyle, Jorgensen, Sargent, Berceau, Brostoff, Subeck,
Zamarripa, Bowen, Ohnstad, Quinn, Considine, Goyke, Spreitzer and Pope,
cosponsored by Senators Hansen, Lassa, Ringhand, Wirch, C. Larson and
Miller. Referred to Committee on Veterans and Military Affairs.
1An Act to repeal
40.02 (15) (c) 1. and 40.02 (15) (c) 5.; to amend
40.02 (15) (a) 2
3. and 40.02 (15) (c) 4.; and to create
40.02 (15) (c) 1g. and 40.02 (15) (c) 1r. of 3
the statutes; relating to: creditable military service under the Wisconsin
Analysis by the Legislative Reference Bureau
Under current law, a participating employee under the Wisconsin Retirement
System (WRS) may receive one year of creditable service under the WRS for each
year of military service, up to a maximum of four years of military service credit, at
the time of retirement in either of the following ways:
1. If the participant left employment covered under the WRS to enter military
service and returned to the same employer within 180 days after being discharged,
the participant may receive one year of military service credit for each year of
2. If the participant's military service was performed before 1974, the
participant may receive up to one, two, three, or four years of military service credit
if the participant has at least five, ten, fifteen, or twenty years, respectively, of
creditable service (not counting previously granted military service credit).
This bill provides that a participating employee in the WRS who terminates
covered service on or after the effective date of the bill may receive creditable military
service under item 2. for active military service served at any time, not just before
In addition, the bill provides that, for the purposes of item 2., the participant
may receive military service credits under the WRS for military service that is also
used for the purpose of establishing entitlement to a retirement benefit that is paid
by the federal government.
Finally, the bill provides that for the purpose of item 1. the participant need not
return to employment with the same WRS employer, but may return to employment
with any WRS employer.
Because this bill relates to public employee retirement or pensions, it may be
referred to the Joint Survey Committee on Retirement Systems for a report to be
printed as an appendix to the bill.
For further information see the state and 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:
40.02 (15) (a) 3. of the statutes is amended to read:
(a) 3. The participant returns to the employment of the employer
3whose employment the participant left to enter the U.S. armed forces any
within 180 days of release or discharge from the armed 5
forces, or within 180 days of release from hospitalization because of injury or sickness 6
resulting from service in the armed forces;
40.02 (15) (c) 1. of the statutes is repealed.
40.02 (15) (c) 1g. of the statutes is created to read:
(c) 1g. For a participant who terminates creditable service on or after 10
January 1, 1982, but before the effective date of this subdivision .... [LRB inserts 11
date], this paragraph applies only to active military service prior to January 1, 1974.
40.02 (15) (c) 1r. of the statutes is created to read:
(c) 1r. For a participant who terminates creditable service on or after 14
the effective date of this subdivision .... [LRB inserts date], this paragraph applies 15
to active military service served at any time.
40.02 (15) (c) 4. of the statutes is amended to read:
(c) 4. This If the participant makes an election under s. 40.30 (2), this 3
paragraph does not apply to any active service used for the purpose of establishing 4
entitlement to, or the amount of, any benefit, other than a disability benefit, to be 5
paid by any federal retirement program except OASDHI and the retired pay for
6nonregular military service program under 10 USC 1331 to 1337 or, if the participant
7makes an election under s. 40.30 (2),
by any retirement system specified in s. 40.30 8
(2) other than the Wisconsin retirement system Retirement System
40.02 (15) (c) 5. of the statutes is repealed.
(1) This act first applies to participating employees under the Wisconsin 12
Retirement System who terminate covered employment on the effective date of this 13