AB795: Bill Text

AB795,25,2 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, the department shall begin the distribution within 5 years after the date no later than December 31 of the 5th calendar year that occurs after the year of the participant's death.

AB795, s. 49 Section 49. 40.23 (4) (e) 3. of the statutes is amended to read:

AB795,25,7 40.23 (4) (e) 3. If the spouse does not apply for a distribution, the distribution shall begin as an automatic distribution department shall distribute the entire benefit as provided under subd. 1. or under par. (c) 2., whichever distribution date is earlier later.

AB795, s. 50 Section 50. 40.23 (4) (f) of the statutes is repealed and recreated to read:

AB795,25,14 40.23 (4) (f) If a participant dies before the distribution of benefits has commenced and the participant's beneficiary is not the spouse, the department shall distribute the entire benefit in a lump sum no later than December 31 of the calendar year that occurs after the year of the participant's death, unless the beneficiary begins an annuity benefit not to exceed his or her life expectancy no later than December 31 of the calendar year that occurs after the year of the participant's death.

AB795, s. 51 Section 51. 40.23 (4) (g) of the statutes is amended to read:

AB795,25,18 40.23 (4) (g) Nothing in this subsection shall be construed to create any benefit, lump sum payment option or form of annuity not otherwise expressly provided for in this subchapter chapter.

AB795, s. 52 Section 52 . 40.24 (1) (f) of the statutes is amended to read:

AB795,26,10 40.24 (1) (f) From accumulated additional contributions made under s. 40.05 (1) (a) 5. and tax-deferred additional contribution accumulations made under s. 40.05 (1) (a) 5m. only, an annuity certain payable for and terminating after the number of months specified by the applicant, regardless of whether the applicant dies before or after the number of months specified, provided that the monthly amount of the annuity certain is at least equal to the minimum amount established under s. 40.25 (1) (a). Subject to the period of distribution required under s. 40.23 (4) (b) 2., the number of months specified shall not exceed 180 and shall not be less than 24. At any time before the expiration of the certain period, the annuitant may elect to receive a lump-sum payment equal to the present value of the remaining monthly payments. If the death of the annuitant occurs prior to the expiration of the certain period, the remaining payments shall be made in accordance with s. 40.73 (2) without regard to any other annuity payments payable to the beneficiary. An annuity under this paragraph may be initiated prior to any other annuity amount provided under this subchapter and prior to age 55 if all other qualifications for receiving an annuity payment are met.

AB795, s. 53 Section 53. 40.24 (3) of the statutes is amended to read:

AB795,26,14 40.24 (3) Any participant specified under sub. (1) (intro.) may elect to receive the amount provided by accumulated additional contributions and tax-deferred additional contributions in a different optional form than the balance of the annuity.

AB795, s. 54 Section 54 . 40.24 (7) (a) 4. of the statutes is amended to read:

AB795,26,17 40.24 (7) (a) 4. Benefits paid from accumulated additional contributions and tax-deferred additional contributions.

AB795, s. 55 Section 55 . 40.25 (1) (a) of the statutes is amended to read:

AB795,27,5 40.25 (1) (a) If all other requirements for payment of a retirement annuity are met and if the retirement annuity in the normal form which could be provided under s. 40.23 is equal to or less than $100 monthly for a benefit with an effective date that is on or after April 23, 1994, but before the end of the calendar year of 1993 or, for a benefit with an effective date in a subsequent calendar year, the monthly amount applied under this paragraph for the previous calendar year increased by the salary index and ignoring fractions of the dollar, the then present value, including additional contributions and tax-deferred additional contributions, of the annuity shall be paid in a single sum instead of as an annuity. The additional contribution accumulations and tax-deferred additional contribution accumulations shall not be included in determining whether a single sum should be paid if the optional form provided by s. 40.24 (1) (f) or a lump sum under sub. (4) is selected.

AB795, s. 56 Section 56. 40.25 (1) (b) of the statutes is amended to read:

AB795,27,17 40.25 (1) (b) If all other requirements for payment of a retirement annuity are met and if the retirement annuity in the normal form which could be provided under s. 40.23 from all available accumulations and credits, other than accumulations from additional contributions and tax-deferred additional contributions, is more than $100 and less than $200 monthly for a benefit with an effective date that is on or after April 23, 1994, but before the end of the calendar year of 1993 or, for a benefit with an effective date in a subsequent calendar year, the monthly amounts applied under this paragraph for the previous calendar year increased by the salary index and ignoring fractions of the dollar, then any participant may elect to receive, in lieu of the annuity, the then present value, including additional contributions and tax-deferred additional contributions, of the annuity in a single sum.

AB795, s. 57 Section 57 . 40.25 (3m) of the statutes is amended to read:

AB795,28,2 40.25 (3m) A participant's application for a lump sum payment under sub. (1) (b) or (2), filed after May 7, 1994, shall be signed by both the participant and the participant's spouse, if the participant has been married to that spouse for at least one year immediately preceding the date the application is filed. The department may promulgate rules that allow for the waiver of the requirements of this subsection for a situation in which, by reason of absence or incompetency, the spouse's signature may not be obtained. This subsection does not apply to any benefits paid from accumulated additional contributions and tax-deferred additional contributions.

AB795, s. 58 Section 58 . 40.25 (4) of the statutes is amended to read:

AB795,28,9 40.25 (4) If all the requirements for payment of a retirement annuity or a separation benefit are met, except filing of an application, a participant may elect that the accumulation from the participant's additional contributions made under s. 40.05 (1) (a) 5. and tax-deferred additional contributions made under s. 40.05 (1) (a) 5m. be paid as a lump sum in lieu of an annuity from those additional contributions.

AB795, s. 59 Section 59 . 40.25 (6) (a) 1. of the statutes is amended to read:

AB795,28,13 40.25 (6) (a) 1. The participating employee must have at least 3 continuous years of creditable current service under the fund at the time of application for reestablishment of creditable service under this subsection.

AB795, s. 60 Section 60. 40.25 (6) (a) 2. of the statutes is amended to read:

AB795,28,23 40.25 (6) (a) 2. Applications for reestablishment of creditable service must include all creditable service that has been forfeited except that the Subject to the rules promulgated by the department, a participating employee may apply for all or part of the creditable service that he or she has forfeited. The total number of years which may be reestablished under this subsection may not be greater than the creditable service of the participating employee at the date of application, or 10 years, whichever is smaller. Creditable service previously purchased under this chapter may not be used to determine the maximum amount of service that may be purchased under this subsection.

AB795, s. 61 Section 61. 40.25 (7) (a) 2. of the statutes is amended to read:

AB795,29,2 40.25 (7) (a) 2. The participant has at least 3 continuous years of creditable current service under the fund at the time of application under subd. 1.

AB795, s. 62 Section 62. 40.25 (7) (a) 3. of the statutes is amended to read:

AB795,29,8 40.25 (7) (a) 3. The number of years of creditable service applied for under this paragraph does not exceed the number of years of creditable service that the participant has at the date of application or 10 years, whichever is less. Creditable service previously purchased under this chapter may not be used to determine the maximum amount of service that may be purchased under this subsection.

AB795, s. 63 Section 63. 40.25 (7) (d) of the statutes is amended to read:

AB795,29,12 40.25 (7) (d) The lump sum payment under par. (a) 5. shall be credited and treated as an employee required contribution for all purposes of the retirement system, except for purposes of s. as provided in ss. 40.23 (3) and 40.73 (1) (am).

AB795, s. 64 Section 64 . 40.26 (2) (a) of the statutes is amended to read:

AB795,29,17 40.26 (2) (a) The then present value of any portion of the terminated annuity which was originally provided by employee or employer additional contributions or tax-deferred additional contributions shall be credited to the corresponding additional contribution account or tax-deferred additional contribution account.

AB795, s. 65 Section 65 . 40.26 (2) (b) of the statutes is amended to read:

AB795,30,2 40.26 (2) (b) The amount of the annuity payments, excluding any portion originally provided by additional contributions or tax-deferred additional contributions, which would have been paid under the terminated annuity, if the annuity had been a straight life annuity, prior to the participant's normal retirement date or prior to the annuity termination date, whichever would first occur, shall be credited to a memorandum account which is subject to s. 40.04 (4) (a) 2., 2g., and 2m. and (c). If the annuity was recomputed under s. 40.08 (1m) because of a qualified domestic relations order, the memorandum account established under this paragraph shall be adjusted as provided under s. 40.08 (1m) (f) 2.

AB795, s. 66 Section 66. 40.26 (5) (intro.) of the statutes is amended to read:

AB795,30,8 40.26 (5) (intro.) If a participant applies for an annuity or lump sum payment during the period in which less than 30 days have elapsed between the termination of employment with a participating employer and becoming a participating employee with any participating employer does not satisfy the condition under s. 40.23 (1) (a) 1., all of the following shall apply:

AB795, s. 67 Section 67. 40.26 (5) (a) of the statutes is repealed.

AB795, s. 68 Section 68. 40.26 (5) (c) of the statutes is amended to read:

AB795,30,19 40.26 (5) (c) Any annuity or lump sum payment made to the participant shall be considered to have been made in error and is subject to s. 40.08 (4). The sum of the payments made in error shall be credited to a memorandum account. The memorandum account is subject to s. 40.04 (4) (a) 2., 2g. and 2m. and (c). If the annuity was recomputed under s. 40.08 (1m), the memorandum account established under this paragraph shall be adjusted pursuant to s. 40.08 (1m) (f) 2. The retirement account of a participant paid in error, and whose annuity was terminated, shall be reestablished as if the terminated annuity had never been effective, including the crediting of interest.

AB795, s. 69 Section 69. 40.28 (1) (a) 1. of the statutes is amended to read:

AB795,30,23 40.28 (1) (a) 1. The amount of the additional contribution accumulations and tax-deferred additional contribution accumulations reserved for a variable annuity as of the date the annuity begins;

AB795, s. 70 Section 70. 40.63 (7) of the statutes is amended to read:

AB795,31,7 40.63 (7) If an application, by a participant age 55 or over, or by a protective occupation participant age 50 or over, for any disability annuity is disapproved denied, withdrawn, or cancelled, the date which would have been the disability annuity effective date shall be the retirement annuity effective date if so requested by the applicant within 60 days of the disapproval date of withdrawal, denial, or cancellation or, if the disapproval denial is appealed, within 60 days of final disposition of the appeal.

AB795, s. 71 Section 71. 40.63 (9) (b) of the statutes is amended to read:

AB795,32,2 40.63 (9) (b) If a disability annuitant, prior to attaining the normal retirement date for the annuitant's former participant classification, receives earnings or other earned income from any source whatsoever for personal services, including services performed on a contractual basis, the annuity shall be suspended, except for any amount provided by additional contributions or tax-deferred additional contributions, and no payment shall be payable after the first of the month in which the earnings or earned income received during any calendar year exceed the amount established under sub. (11), except that if payment was being made under sub. (4) the annuity may only be suspended if the annuitant is employed in a law enforcement or fire fighting capacity and then the suspension shall be effective immediately. The suspended amount shall be reinstated on January 1 following the date of suspension, or, if earlier, on the first day of the 2nd month following the termination of personal services. An amount, which is reinstated in any calendar year, other than on January 1 of the calendar year, shall again be suspended for any subsequent month in the calendar year following a month in which the disability annuitant receives any amount of earnings or earned income for personal services. The department may request any earnings or compensation information as it deems necessary to implement the provisions of this paragraph and par. (c).

AB795, s. 72 Section 72. 40.63 (10) of the statutes is amended to read:

AB795,32,13 40.63 (10) Upon termination of an annuity in accordance with sub. (9), each participant whose annuity is so terminated shall, as of the beginning of the calendar month following termination, be credited with additional contributions and tax-deferred additional contributions equal to the then present value of the portion of the terminated annuity which was originally provided by the corresponding type of additional contributions. Except for additional contributions and tax-deferred additional contributions, the retirement account of the participant shall be reestablished as if the terminated annuity had never been effective, including crediting of interest and of any contributions and creditable service earned during the period the annuity was in force.

AB795, s. 73 Section 73. 40.70 (1) (b) of the statutes is amended to read:

AB795,32,19 40.70 (1) (b) The employee files with the department an application in the manner provided by rule or contract, to be effective on a date fixed by the department, for one or more of the types of coverage established under this subchapter. The group insurance board may provide a different method of enrollment than provided under this subsection.

AB795, s. 74 Section 74. 40.70 (6) of the statutes is amended to read:

AB795,33,3 40.70 (6) Except as provided in sub. (7m), any employee who has not applied for coverage under sub. (1) within 6 months the time period specified by rule or contract after becoming eligible for coverage or any employee whose insurance terminates under sub. (8) shall not thereafter become insured for that coverage unless prior to the attainment of age 55 the employee furnishes evidence of insurability satisfactory to the insurer, at his or her own expense. If the evidence is approved, the employee shall become insured on the first day of the first month beginning after the approval.

AB795, s. 75 Section 75. 40.71 (1) (d) of the statutes is renumbered 40.71 (1) (d) (intro.) and amended to read:

AB795,33,7 40.71 (1) (d) (intro.) Every participant is deemed an annuitant immediately upon the later of the following:

AB795,33,8 1. The effective date of the participant's annuity , or the.

AB795,33,10 2. The date the application for an annuity is received by the department, but only if the participant is living on that date, whichever is later.

AB795, s. 76 Section 76. 40.71 (2) of the statutes is amended to read:

AB795,33,20 40.71 (2) Any death benefit may be paid as a beneficiary annuity, subject to s. 40.73 (3), or as a single cash sum as specified by the beneficiary in the application for the death benefit unless the participant prohibited payment of a single cash sum in a written notice received by the department prior to the participant's death. A prohibition on payment of a single cash sum shall not be effective if the monthly amount of the annuity would be less than the amount determined under s. 40.25 (1) (a), if the department commences an automatic distribution under s. 40.23 (4), or if the beneficiary is the participant's estate or a trust in which the beneficiary has a beneficial interest.

AB795, s. 77 Section 77. 40.73 (1) (am) of the statutes is renumbered 40.73 (1) (am) (intro.) and amended to read:

AB795,34,4 40.73 (1) (am) (intro.) Upon the death of a participating employee, except as otherwise provided by par. (c), the sum of the additional contribution and twice the employee required contribution accumulations credited following accumulations, including any interest credited to the accumulations, that are credited to the participant's account on the beneficiary annuity effective date or, in the case of a lump sum payment, the first day of the month in which the death benefit is approved.:

AB795, s. 78 Section 78. 40.73 (1) (am) 1. of the statutes is created to read:

AB795,34,6 40.73 (1) (am) 1. Additional contributions.

AB795, s. 79 Section 79. 40.73 (1) (am) 2. of the statutes is created to read:

AB795,34,8 40.73 (1) (am) 2. Lump sum payments under s. 40.25 (7) (a) 5.

AB795, s. 80 Section 80. 40.73 (1) (am) 3. of the statutes is created to read:

AB795,34,11 40.73 (1) (am) 3. Twice the employee required contributions, less the amounts under subd. 2.

AB795, s. 81 Section 81. 40.73 (1) (b) of the statutes is amended to read:

AB795,34,18 40.73 (1) (b) Upon the death of an annuitant, in addition to any amounts payable by virtue of the annuity option elected by an annuitant, the amount determined under par. (a) for contributions made under s. 40.05 (1) subsequent to the effective date of the annuity, or additional contributions and tax-deferred additional contributions not applied to provide an annuity, provided the amounts have not been previously paid out as a lump sum under s. 40.25.

AB795, s. 82 Section 82. 40.73 (3) (e) of the statutes is amended to read:

AB795,34,25 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 as an annuity under s. 40.24 (1) (c) or any annuity payable over the joint life expectancies of the beneficiary and another person or as an annuity payable under s. 40.24 (1) (b) or (c) if the payment period would exceed the life expectancy of the beneficiary.

AB795, s. 83 Section 83. 40.80 (2) (g) of the statutes is created to read:

AB795,35,4 40.80 (2) (g) Serve as trustee of any deferred compensation plan established under this section and hold the assets and income of the plan in trust for the exclusive benefit of the employees who participate in the plan and their beneficiaries.

AB795, s. 84 Section 84. Initial applicability.

AB795,35,7 (1) This act first applies to individuals who are participating employees on the effective date of this subsection.

AB795,35,8 (End)