302,42
Section 42
. 40.27 (2) (b) of the statutes is amended to read:
40.27 (2) (b) Different
Prorated percentages based on the annuity effective date may be applied to annuities with different effective dates as may be determined to be equitable during the calendar year preceding the effective date of the distribution, as provided by rule, but no other distinction may be made among the various types of annuities payable from the fixed annuity reserve.
302,43
Section 43
. 40.31 of the statutes is created to read:
40.31 Maximum benefit limitations. (1) General limitation. (a) Limitation amounts. Except as otherwise expressly provided in this section, the maximum retirement benefits payable to a participant in a calendar year, excluding benefits attributable to contributions subject to any limitations under s. 40.23 (2) (a), (2m) (c) and (3), may not exceed the lesser of the following:
1. For a straight-life annuity terminating at the death of the annuitant, $120,000. If the annuity is in a form other than a straight-life annuity, the limitation is the reduced actuarial equivalent of a straight-life annuity terminating at the death of the annuitant and paying $120,000 per year.
2. One hundred percent of the participant's average annual compensation for the period of up to 3 consecutive calendar years during which the person was a participating employe and which yield the highest average annual compensation. In this subdivision, “compensation" has the meaning of “compensation" under section 415 (c) (3) of the internal revenue code.
(b) Early commencement. If the participant's benefit commencement date occurs before the date on which the participant attains the age of 62, the dollar limitation under par. (a) shall be the actuarial equivalent of the dollar limitation of an annual straight life annuity beginning at the age of 62 and terminating at the death of the annuitant. For the purposes of this paragraph, the interest rate assumption that is used to determine the actuarial equivalency may not exceed 5%. Under this subsection, the dollar limitation shall be:
1. Not less than $75,000 if the benefit commences at or after the age of 55.
2. Equal to $75,000 if the benefit commences before the age of 55.
3. Not less than $50,000 for participants who have at least 15 years of service as a full-time employe of any police or fire department which is organized and operated by the employer to provide police protection, fire fighting services or emergency medical services for any geographic area within the jurisdiction of the employer.
(c) Deferred commencement. If the participant's benefit commencement date occurs after the date on which the participant attains the age of 65, the dollar limitation under par. (a) shall be the actuarial equivalent of the dollar limitation of an annual straight life annuity beginning at the age of 65 and terminating at the death of the annuitant. For the purposes of this paragraph, the interest rate assumption that is used to determine the actuarial equivalency may not exceed 5%.
(d) Limitation adjustments. The dollar limitations under pars. (a) 1. and (b) and the compensation limit under par. (a) 2. may be adjusted by the department by rule to conform with any applicable U.S. treasury regulations concerning cost-of-living adjustments.
(2) Exceptions to general limitation. Benefits payable to a participant shall be considered not to exceed any limitation under this section if one of the following applies:
(a) The amount of the benefit does not exceed the total benefits of the participant under all of the qualified defined benefit plans maintained or previously maintained by all of a participant's employers, as determined by the department without regard to any amendment to any of the benefit plans made after October 14, 1987.
(b) The amount of the benefit does not exceed $10,000 for the plan year and none of the participant's employers have at any time maintained a defined contribution plan in which the participant participated.
(3) Treatment of defined benefit and defined contribution plans. For the purpose of determining whether a participant's retirement benefits exceed the maximum retirement limitations under this section, all defined benefit plans of the employer, including defined benefit plans that are terminated, shall be treated as a single defined benefit plan and all defined contribution plans of the employer, including defined contribution plans that are terminated, shall be treated as a single defined contribution plan. The department may provide by rule additional limitations for participants who are participating in more than one retirement system.
(4) Division of benefits. For the purpose of determining whether a participant's retirement benefits exceed the maximum retirement limitations under this section for a participant whose retirement benefits have been divided under s. 40.08 (1m), the participant's retirement benefits shall be measured as if no division had occurred.
302,44
Section 44
. 40.32 of the statutes is created to read:
40.32 Limitations on contributions. (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 s. 40.04 (4) (a) and (5) (b) and all employe contributions made under ss. 40.02 (17), 40.05 (1) and (2m) and 40.25 (6) (a) and (7) (a), may not in any calendar year exceed the lesser of the following:
(a) Thirty thousand dollars.
(b) Twenty-five percent of the participant's compensation, as defined in the internal revenue code, for the calendar year.
(2) The department may provide by rule additional limitations for participants who are participating in more than one retirement system.
(3) Any contribution that the department receives, which is allocated to the account of a participant and which exceeds the contributions limitation under this section, may be refunded or credited as provided in s. 40.08 (6). If the department refunds any contributions that exceed the limitation under this section, the department shall first refund amounts voluntarily contributed by a participating employe, either as an additional contribution under s. 40.05 (1) (a) 5. or a purchase of forfeited or creditable service under s. 40.02 (17) or 40.25 (6) (a) or (7) (a).
302,45
Section 45
. 40.73 (3) (a) of the statutes is amended to read:
40.73 (3) (a) A death benefit may be paid as
a beneficiary an annuity for the life of the beneficiary, if the amount of the death benefit is sufficient to provide a beneficiary annuity in the normal form at least equal to the amount determined under s. 40.25 (1) (a) and the beneficiary or the participant has elected to have the death benefit paid as a beneficiary annuity.
302,46
Section 46
. 40.73 (3) (e) of the statutes is amended to read:
40.73 (3) (e) Any beneficiary who is eligible to receive a beneficiary annuity may elect to receive the annuity in any of the optional annuity forms provided for retirement annuities, other than an annuity under s. 40.24 (1) (c) or any annuity payable over the joint life expectancies of the beneficiary and another person.
302,47
Section 47
. 40.86 (intro.) of the statutes is amended to read:
40.86 Covered expenses. (intro.) An employe-funded reimbursement account plan may provide reimbursement to an employe for only the following expenses that are actually incurred and paid by an employe and that the board determines are consistent with the applicable requirements of the internal revenue code, as defined in s. 71.01 (6):
302,48
Section 48
. 111.91 (2) (k) of the statutes is created to read:
111.91 (2) (k) The definition of earnings under s. 40.02 (22).
302,49
Section 49
. 111.91 (2) (L) of the statutes is created to read:
111.91 (2) (L) The maximum benefit limitations under s. 40.31.
302,50
Section 50
. 111.91 (2) (m) of the statutes is created to read:
111.91 (2) (m) The limitations on contributions under s. 40.32.
302,51
Section 51
. 1995 Wisconsin Act 27, section 1946m is repealed.
302,52
Section 52
. 1995 Wisconsin Act 27, section 9459 (2) (d) is amended to read:
[1995 Wisconsin Act 27] Section 9459 (2) (d) The treatment of section 40.81 (3) of the statutes and the repeal and recreation of sections 40.02 (22) (e) and (25) (b) 8., 40.05 (4) (ag) (intro.), (ar) and (b), (5) (intro.) and (b) 4. and (6) (a) and 40.62 (2) of the statutes take effect on July 1, 1997.
302,53
Section 53
.
Appropriation changes.
(1m) Appropriation increase for the department of employe trust funds. In the schedule under section 20.005 (3) of the statutes for the appropriation to the department of employe trust funds under section 20.515 (1) (w) of the statutes, as affected by the acts of 1995, the dollar amount is increased by $321,200 for fiscal year 1996-97
to increase the authorized FTE positions for the department by 0.5 SEG project position for the period beginning on July 1, 1996, and ending on June 30, 1998, and 1.0 SEG project position for the period beginning on January 1, 1997, and ending on December 31, 1998, for the purpose of implementing changes in the Wisconsin retirement system relating to complying with the federal internal revenue code.
302,54
Section 54
.
Initial applicability.
(1) Prohibited subjects of collective bargaining. The treatment of section 111.91 (2) (k), (L) and (m) of the statutes first applies to participants, who are affected by a collective bargaining agreement that contains provisions inconsistent with that treatment, on the day on which the collective bargaining agreement expires or is extended, modified or renewed, whichever occurs first.
(2) Repurchase of creditable service. The treatment of section 40.05 (1) (a) 7. of the statutes first applies to an amount payable under section 40.02 (17) or 40.25 (6) (a) of the statutes on the date specified by the department of employe trust funds, but not later than January 1, 1997.
(3) Lump sum payments. The treatment of section 40.25 (7) (a) 1. of the statutes first applies to a participating employe who terminates covered employment on the effective date of this subsection.
302,55
Section 55
.
Effective dates. This act takes effect on the day after publication, except as follows:
(1m)
The treatment of sections 40.23 (1) (a) 1. and 40.26 (5) of the statutes takes effect on July 1, 1996, or on the day after publication, whichever is later.
(2) The treatment of sections 40.02 (22) (e), 40.31 and 40.32 of the statutes takes effect on January 1, 1997.
