SB44: Bill Text

SB44,508,8 c. At the time of application, the participant furnishes evidence of such service that is acceptable to the department.

SB44,508,15 d. Except as provided in sub. (4) (b), at the time of application, the participant pays to the department a lump sum equal to the present value of the creditable service applied for under this paragraph, in accordance with rates actuarially determined to be sufficient to fund the cost of the increased benefits that will result from granting the creditable service under this paragraph. The department shall by rule establish different rates for different categories of participants, based on factors recommended by the actuary.

SB44,508,18 2. The creditable service granted under this paragraph shall be the same type of creditable service as the type that is granted to participants who are not executive participating employees, elected officials, or protective occupation participants.

SB44,508,20 3. A participating employee may apply to receive part or all of the creditable service that he or she is eligible to receive under this paragraph.

SB44,508,24 4. A participant may not receive creditable service under this paragraph for service that is used for the purpose of establishing entitlement to, or the amount of, any other benefit to be paid by any federal, state, or local government entity, except a disability or OASDHI benefit or a benefit paid for service in the national guard.

SB44,509,3 5. Unless otherwise provided by the department by rule, a participating employee may not purchase creditable service under this paragraph more than 2 times in any calendar year.

SB44,509,7 (3) Application process. (a) Provision of application forms and estimates. Upon request, the department shall provide a participating employee an application form for the purchase of creditable service under sub. (2) and shall also provide to the participating employee an estimate of the cost of purchasing the creditable service.

SB44,509,13 (b) Certification of plan-to-plan transfers. Upon request, the department shall provide a participating employee a transfer certification form for payments made by a plan-to-plan transfer under sub. (5) (b). If the participating employee intends to make payments from more than one plan, the participating employee must submit to the department a separate transfer certification form for each plan from which moneys will be transferred.

SB44,509,18 (4) Payment. (a) Required with application. Except as provided in par. (b), the department may not accept an application for the purchase of creditable service without payment in full of the department's estimated cost of creditable service accompanying the application. A participating employee may also do any of the following:

SB44,509,20 1. Use his or her accumulated after-tax additional contributions that are made under s. 40.05 (1) (a) 5., including interest, to make payment.

SB44,509,24 2. Use his or her accumulated contributions, including interest, to a tax sheltered annuity under section 403 (b) of the Internal Revenue Code, to make payment, but only if the participating employee's plan under section 403 (b) of the Internal Revenue Code authorizes the transfer.

SB44,510,6 (b) Alternate payment options. Notwithstanding par. (a), the department may accept an application under this section without full payment if payment of at least 10% of the department's estimate of the cost of the creditable service is included with the application, in the manner required under par. (a), and the remaining balance is received by the department no later than 90 days after receipt of the application, in the form of a plan-to-plan transfer under sub. (5) (b).

SB44,510,20 (c) Final cost calculation for purchase of creditable service. The department may audit any transaction to purchase creditable service under this subsection and make any necessary correction to the estimated cost of purchasing the creditable service to reflect the amount due under sub. (2). Except as otherwise provided in sub. (7), if the department determines that the final amount that is due is more than the amount paid to the department, the department shall notify the participant of the amount of the shortfall. If payment of the amount of the shortfall is not received by the department within 30 calendar days after the date on which the department sends notice to the participant, the department shall complete the creditable service purchase transaction by prorating the amount of creditable service that is purchased based on the payment amount actually received and shall notify the participant of the amount and category of service that is credited. The department, by rule, shall specify how a forfeited service purchase is prorated when the participant forfeited service under more than one category of employment under s. 40.23 (2m) (e).

SB44,511,2 (d) Treatment of amounts to purchase creditable service. All amounts retained by the department for the purchase of creditable service under sub. (2) shall be credited and treated as employee required contributions for all purposes of the Wisconsin retirement system, except that amounts received for the purchase of creditable service under sub. (2) (b) may not be used for the purpose of making calculations under s. 40.23 (3) or 40.73 (1) (am).

SB44,511,6 (5) Transfer of funds; plan-to-plan transfers. (a) Transfer from certain benefit plans. Subject to any applicable limitations under the Internal Revenue Code, a participating employee may elect to use part or all of any of the following to purchase creditable service under this section:

SB44,511,8 1. Accumulated after-tax additional contributions, including interest, made under s. 40.05 (1) (a) 5.

SB44,511,11 2. Accumulated contributions treated by the department as contributions to a tax sheltered annuity under section 403 (b) of the Internal Revenue Code, but only if the employer sponsoring the annuity plan authorizes the transfer.

SB44,511,13 (b) Other plan-to-plan transfers. The department may also accept a plan to plan transfer from any of the following:

SB44,511,15 1. Accumulated contributions under a state deferred compensation plan under subch. VII.

SB44,511,18 2. The trustee of any plan qualified under sections 401 (a) or (k), 403 (b), or 457 of the Internal Revenue Code, but only if the purpose of the transfer is to purchase creditable service under this section.

SB44,512,6 (c) Payment shortfall. Except as otherwise provided in sub. (7), if the department determines that the amount paid to the department to purchase creditable service under this subsection, together with the amount transferred under a plan-to-plan transfer, is less than the amount that is required to purchase the creditable service, the department shall notify the participant of the amount of the shortfall. If payment of the amount of the shortfall is not received by the department within 30 calendar days after the date on which the department sends notice to the participant, the department shall complete the creditable service purchase transaction by prorating the amount of creditable service that is purchased based on the payment amount actually received and shall notify the participant of the amount and category of service that is credited. The department, by rule, shall specify how a forfeited service purchase is prorated when the participant forfeited service under more than one category of employment under s. 40.23 (2m) (e).

SB44,512,17 (6) Refunds. Except as provided in sub. (7), if the department determines that the amount paid to the department to purchase creditable service, including any amount in a plan-to-plan transfer, is greater than the amount that is required to purchase the creditable service, as determined by the department, the department shall refund the difference. The department shall pay any refund to the participant, up to the amount received from the participant. Any remaining amount shall be returned to the applicable account in the trust fund for transfers under sub. (5) (a) or to the trustee of a plan which was the source of a plan-to-plan transfer under sub. (5) (b). When more than one plan-to-plan transfer occurs, the department may determine which transfer is to be refunded, in whole or part. No funds transferred to the department by a plan-to-plan transfer may be refunded to a participant.

SB44,512,21 (7) Limit on payment of corrections. The department may not require a participant to pay any shortfall under sub. (4) (c) or (5) (c) that is $25 or less. The department may not pay any refund under sub. (6) if the amount of the refund is $25 or less.

SB44, s. 1026 Section 1026. 40.51 (6) of the statutes is amended to read:

SB44,513,6 40.51 (6) This state shall offer to all of its employees at least 2 insured or uninsured health care coverage plans providing substantially equivalent hospital and medical benefits, including a health maintenance organization or a preferred provider plan, if those health care plans are determined by the group insurance board to be available in the area of the place of employment and are approved by the group insurance board. The group insurance board shall place each of the plans into one of 3 tiers established in accordance with standards adopted by the group insurance board. The tiers shall be separated according to the employee's share of premium costs.

SB44, s. 1027 Section 1027. 40.98 (2) (h) of the statutes is amended to read:

SB44,513,13 40.98 (2) (h) The department may seek funding from any person for the payment of costs of designing, marketing, and contracting for or providing administrative services under the health care coverage program and for lapsing to the general fund any amount required under sub. (6m). Any moneys received by the department under this paragraph shall be credited to the appropriation account under s. 20.515 (2) (g).

SB44, s. 1028 Section 1028. 40.98 (6m) of the statutes is repealed.

SB44, s. 1029 Section 1029. 42.035 of the statutes is amended to read:

SB44,514,4 42.035 Treatment of certain state fair park board employees. Notwithstanding s. 230.08 (2) (pm), those employees holding positions in the classified service at the state fair park board on October 29, 1999, who have achieved permanent status in class before that date, shall retain, while serving in the unclassified service at the state fair park board, those protections afforded employees in the classified service under ss. 230.34 (1) (a) (ah) and 230.44 (1) (c) relating to demotion, suspension, discharge, layoff or reduction in base pay. Such employees shall also be eligible for transfer under s. 230.29 and shall have reinstatement privileges to the classified service under s. 230.33 (1m). Those employees of the state fair park board on October 29, 1999, who have not achieved permanent status in class in any position at the state fair park board on that date are eligible to receive the protections, privileges and rights preserved under this section if they successfully complete service equivalent to the probationary period required in the classified service for the position that they hold on that date.

SB44, s. 1030 Section 1030. 43.24 (1) (c) of the statutes is amended to read:

SB44,514,11 43.24 (1) (c) Beginning in the fiscal year in which the total amount of state aid appropriated for public library systems under s. 20.255 (3) (e) and (qm), as determined by the department, equals at least 11.25% of the total operating expenditures for public library services from local and county sources in the calendar year ending in that fiscal year, the amount paid to each system shall be determined by adding the result of each of the following calculations:

SB44,514,13 1. Multiply the system's percentage of the state's population by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.85.

SB44,514,15 2. Multiply the system's percentage of the state's geographical area by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.075.

SB44,514,21 3. Divide the sum of the payments to the municipalities and counties in the system under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, by the total of all payments under subch. I of ch. 79 for the current fiscal year, as reflected in the statement of estimated payments under s. 79.015, and multiply the result by the product of the amount appropriated under s. 20.255 (3) (e) and (qm) and 0.075.

SB44, s. 1031 Section 1031. 43.24 (3) of the statutes is amended to read:

SB44,515,15 43.24 (3) Annually, the division shall review the reports and proposed service plans submitted by the public library systems under s. 43.17 (5) for conformity with this chapter and such rules and standards as are applicable. Upon approval, the division shall certify to the department of administration an estimated amount to which each system is entitled under this section. Annually on or before December 1 of the year immediately preceding the year for which aids are to be paid, the department of administration shall pay each system 75% of the certified estimated amount from the appropriation appropriations under s. 20.255 (3) (e) and (qm). The division shall, on or before the following April 30, certify to the department of administration the actual amount to which the system is entitled under this section. On or before July 1, the department of administration shall pay each system the difference between the amount paid on December 1 of the prior year and the certified actual amount of aid to which the system is entitled from the appropriation appropriations under s. 20.255 (3) (e) and (qm). The division may reduce state aid payments when any system or any participant thereof fails to meet the requirements of sub. (2). Beginning September 1, 1991, the division may reduce state aid payments to any system if the system or any participant in the system fails to meet the requirements of s. 43.15 (4).

SB44, s. 1032 Section 1032. 43.24 (3m) of the statutes is amended to read:

SB44,515,19 43.24 (3m) If the appropriation appropriations under s. 20.255 (3) (e) and (qm) in any one year is are insufficient to pay the full amount under sub. (1), state aid payments shall be prorated among the library systems entitled to such aid.

SB44, s. 1033 Section 1033. 43.70 (3) of the statutes is amended to read:

SB44,516,10 43.70 (3) Immediately upon making such apportionment, the state superintendent shall certify to the department of administration the estimated amount that each school district is entitled to receive under this section and shall notify each school district administrator of the estimated amount so certified for his or her school district. The department of administration shall issue its warrants upon which the state treasurer shall distribute each school district's aid entitlement in one payment on or before May 1. The amount paid to each school district shall be based upon the amount in the appropriation account under s. 20.255 (2) (s) on April 15. All moneys distributed under this section shall be expended for the purchase of instructional materials from the state historical society for use in teaching Wisconsin history and for the purchase of library books and other instructional materials for school libraries, but not for public library facilities operated by school districts under s. 43.52, in accordance with rules promulgated by the state superintendent. Appropriate records of such purchases shall be kept and necessary reports thereon shall be made to the state superintendent.

SB44, s. 1034 Section 1034. Chapter 44 (title) of the statutes is amended to read:

SB44,516,16 CHAPTER 44 HISTORICAL SOCIETIES, and ARTS BOARD and technology for educational achievement in Wisconsin board

SB44, s. 1035 Section 1035. Subchapter IV (title) of chapter 44 [precedes 44.70] of the statutes is repealed.

SB44, s. 1036 Section 1036. 44.70 (intro.) of the statutes is renumbered 115.997 (intro.).

SB44, s. 1037 Section 1037. 44.70 (1) of the statutes is repealed.

SB44, s. 1038 Section 1038. 44.70 (1d) of the statutes is renumbered 115.997 (1d).

SB44, s. 1039 Section 1039. 44.70 (1m) of the statutes is renumbered 115.997 (1m).

SB44, s. 1040 Section 1040. 44.70 (2) of the statutes is repealed.

SB44, s. 1041 Section 1041. 44.70 (2g) of the statutes is renumbered 115.997 (2g) and amended to read:

SB44,517,5 115.997 (2g) "Educational agency" means a school district, charter school sponsor, secured correctional facility, private school, cooperative educational service agency, technical college district, private college, public library system, public library board, public museum, the Wisconsin Center for the Blind and Visually Impaired, or the Wisconsin Educational Services Program for the Deaf and Hard of Hearing.

SB44, s. 1042 Section 1042. 44.70 (3) of the statutes is renumbered 115.997 (3).

SB44, s. 1043 Section 1043. 44.70 (3d) of the statutes is renumbered 115.997 (3d).

SB44, s. 1044 Section 1044. 44.70 (3g) of the statutes is renumbered 115.997 (3g).

SB44, s. 1045 Section 1045. 44.70 (3j) of the statutes is renumbered 115.997 (3j).

SB44, s. 1046 Section 1046. 44.70 (3m) of the statutes is renumbered 115.997 (3m).

SB44, s. 1047 Section 1047. 44.70 (3r) of the statutes is renumbered 115.997 (3r).

SB44, s. 1048 Section 1048. 44.70 (4) of the statutes is renumbered 115.997 (4).

SB44, s. 1049 Section 1049. 44.70 (5) of the statutes is renumbered 115.997 (5).

SB44, s. 1050 Section 1050. 44.70 (6) of the statutes is renumbered 115.997 (6).

SB44, s. 1051 Section 1051. 44.71 (title) of the statutes is repealed.

SB44, s. 1052 Section 1052. 44.71 (1) of the statutes is repealed.

SB44, s. 1053 Section 1053. 44.71 (2) (intro.) of the statutes is renumbered 115.998 (intro.) and amended to read:

SB44,517,20 115.998 Duties Technology for educational achievement in Wisconsin; departmental duties. (intro.) The board department shall do all of the following:

SB44, s. 1054 Section 1054. 44.71 (2) (a) of the statutes is renumbered 115.998 (1) and amended to read:

SB44,518,3 115.998 (1) In cooperation with school districts, cooperative educational service agencies, the technical college system board, the board of regents of the University of Wisconsin System, and the department of administration, promote the efficient, cost-effective procurement, installation, and maintenance of educational technology by school districts, cooperative educational service agencies, technical college districts, and the University of Wisconsin System.

SB44, s. 1055 Section 1055. 44.71 (2) (b) of the statutes is renumbered 115.998 (2).

SB44, s. 1056 Section 1056. 44.71 (2) (c) of the statutes is renumbered 115.998 (3) and amended to read:

SB44,518,11 115.998 (3) With the consent of the department of administration, enter into cooperative purchasing agreements under s. 16.73 (1) under which participating school districts and cooperative educational service agencies may contract for their professional employees to receive training concerning the effective use of educational technology.

SB44, s. 1057 Section 1057. 44.71 (2) (d) of the statutes is renumbered 115.998 (4) and amended to read:

SB44,518,18 115.998 (4) In cooperation with the board of regents of the University of Wisconsin System, the technical college system board, the department of public instruction and other entities, support the development of courses for the instruction of professional employees who are licensed by the state superintendent of public instruction concerning the effective use of educational technology.

SB44, s. 1058 Section 1058. 44.71 (2) (e) of the statutes is renumbered 115.998 (5) and amended to read:

SB44,518,23 115.998 (5) Subject to s. 44.73 (5), in In cooperation with the department of administration, provide telecommunications access to educational agencies under the program established under s. 44.73 115.9995.

SB44, s. 1059 Section 1059. 44.71 (2) (f) of the statutes is renumbered 115.998 (6) and amended to read:

SB44,519,4 115.998 (6) No later than October 1 of each even-numbered year, submit a biennial report concerning the board's department's activities under this subchapter to the governor, and to the appropriate standing committees of the legislature under s. 13.172 (3).

SB44, s. 1060 Section 1060. 44.71 (2) (g) of the statutes is renumbered 115.998 (7) and amended to read:

SB44,519,15 115.998 (7) Coordinate the purchasing of educational technology materials, supplies, equipment, and contractual services for school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System by the department of administration under s. 16.72 (8), and, in cooperation with the department and subject to the approval of the department of electronic government, establish standards and specifications for purchases of educational technology hardware and software by school districts, cooperative educational service agencies, technical college districts, and the board of regents of the University of Wisconsin System.

SB44, s. 1061 Section 1061. 44.71 (2) (h) of the statutes is renumbered 115.998 (8) and amended to read:

SB44,519,24 115.998 (8) With the approval of the department of electronic government, purchase Purchase educational technology equipment for use by school districts, cooperative educational service agencies, and public educational institutions in this state and permit the districts, agencies, and institutions to purchase or lease the equipment, with an option to purchase the equipment at a later date. This paragraph subsection does not require the purchase or lease of any educational technology equipment from the board department.

SB44, s. 1062 Section 1062. 44.71 (2) (i) of the statutes is renumbered 115.998 (9).

SB44, s. 1063 Section 1063. 44.71 (3) of the statutes is repealed.

SB44, s. 1064 Section 1064. 44.72 (title) of the statutes is repealed.

SB44, s. 1065 Section 1065. 44.72 (1) of the statutes is repealed.

SB44, s. 1066 Section 1066. 44.72 (2) of the statutes is repealed.

SB44, s. 1067 Section 1067. 44.72 (3) of the statutes is repealed.

SB44, s. 1068 Section 1068. 44.72 (4) (title) of the statutes is renumbered 115.999 (title).

SB44, s. 1069 Section 1069. 44.72 (4) (a) of the statutes is renumbered 115.999 (1) and amended to read:

SB44,520,18 115.999 (1) Financial assistance authorized. The board department may provide financial assistance under this subsection section to school districts and charter school sponsors from the proceeds of public debt contracted under s. 20.866 (2) (zc) and to public library boards from the proceeds of public debt contracted under s. 20.866 (2) (zcm). Financial assistance under this subsection section may be used only for the purpose of upgrading the electrical wiring of school and library buildings in existence on October 14, 1997, and installing and upgrading computer network wiring. Except as provided in sub. (3m), the department may not provide any financial assistance under this section after the effective date of this subsection .... [revisor inserts date].