SB21,2987 8Section 2987. 102.64 (1) of the statutes is amended to read:
SB21,1179,209 102.64 (1) Upon request of the department of administration, a representative
10of the department of justice shall represent the state in cases involving payment into
11or out of the state treasury under s. 20.865 (1) (fm), (kr), or (ur) or 102.29. The
12department of justice, after giving notice to the department of administration, may
13compromise the amount of those payments but such compromises shall be subject to
14review by the department of workforce development office. If the spouse or domestic
15partner under ch. 770 of the deceased employee compromises his or her claim for a
16primary death benefit, the claim of the children of the employee under s. 102.49 shall
17be compromised on the same proportional basis, subject to approval by the
18department office. If the persons entitled to compensation on the basis of total
19dependency under s. 102.51 (1) compromise their claim, payments under s. 102.49
20(5) (a) shall be compromised on the same proportional basis.
SB21,2988 21Section 2988. 102.64 (2) of the statutes is amended to read:
SB21,1180,822 102.64 (2) Upon request of the department of administration, the attorney
23general shall appear on behalf of the state in proceedings upon claims for
24compensation against the state. Except as provided in s. 102.65 (3), the department
25of justice shall represent the interests of the state in proceedings under s. 102.44 (1),

1102.49, 102.59, 102.60, or 102.66. The department of justice may compromise claims
2in those proceedings, but the compromises are subject to review by the department
3of workforce development
office. Costs incurred by the department of justice in
4prosecuting or defending any claim for payment into or out of the work injury
5supplemental benefit fund under s. 102.65, including expert witness and witness
6fees but not including attorney fees or attorney travel expenses for services
7performed under this subsection, shall be paid from the work injury supplemental
8benefit fund.
SB21,2989 9Section 2989. 102.65 (1) of the statutes is amended to read:
SB21,1180,1510 102.65 (1) The moneys payable to the state treasury under ss. 102.35 (1),
11102.47, 102.49, 102.59, and 102.60, together with all accrued interest on those
12moneys, and all interest payments received under s. 102.75 (2), shall constitute a
13separate nonlapsible fund designated as the work injury supplemental benefit fund.
14Moneys in the fund may be expended only as provided in s. 20.445 (1) 20.145 (6) (t)
15and may not be used for any other purpose of the state.
SB21,2990 16Section 2990. 102.65 (2) of the statutes is amended to read:
SB21,1180,2117 102.65 (2) For proper administration of the moneys available in the fund the
18department office shall by order, set aside in the state treasury suitable reserves to
19carry to maturity the liability for benefits under ss. 102.44, 102.49, 102.59, and
20102.66. Such Those moneys shall be invested by the investment board in accordance
21with s. 25.14 (5).
SB21,2991 22Section 2991. 102.65 (3) of the statutes is amended to read:
SB21,1181,523 102.65 (3) The department of workforce development office may retain the
24department of administration to process, investigate, and pay claims under ss.
25102.44 (1), 102.49, 102.59, and 102.66. If retained by the department of workforce

1development
office, the department of administration may compromise a claim
2processed by that department, but a compromise made by that department is subject
3to review by the department of workforce development office. The department of
4workforce development
office shall pay for the services retained under this
5subsection from the appropriation account under s. 20.445 (1) 20.145 (6) (t).
SB21,2992 6Section 2992. 102.65 (4) (intro.) of the statutes is amended to read:
SB21,1181,187 102.65 (4) (intro.) The secretary shall monitor the cash balance in, and incurred
8losses to, the work injury supplemental benefit fund using generally accepted
9actuarial principles. If the secretary determines that the expected ultimate losses
10to the work injury supplemental benefit fund on known claims exceed 85 percent of
11the cash balance in that fund, the secretary shall consult with the council on worker's
12compensation. If the secretary, after consulting with the council on worker's
13compensation, determines that there is a reasonable likelihood that the cash balance
14in the work injury supplemental benefit fund may become inadequate to fund all
15claims under ss. 102.44 (1) (c), 102.49, 102.59, and 102.66, the secretary shall file
16with the secretary of administration a certificate attesting that the cash balance in
17that fund is likely to become inadequate to fund all claims under ss. 102.44 (1) (c),
18102.49, 102.59, and 102.66 and specifying one of the following:
SB21,2993 19Section 2993 . 102.65 (4) (intro.) of the statutes, as affected by 2015 Wisconsin
20Act .... (this act), is amended to read:
SB21,1182,821 102.65 (4) (intro.) The secretary commissioner shall monitor the cash balance
22in, and incurred losses to, the work injury supplemental benefit fund using generally
23accepted actuarial principles. If the secretary commissioner determines that the
24expected ultimate losses to the work injury supplemental benefit fund on known
25claims exceed 85 percent of the cash balance in that fund, the secretary commissioner

1shall consult with the council on worker's compensation. If the secretary, after
2consulting with the council on worker's compensation, the commissioner determines
3that there is a reasonable likelihood that the cash balance in the work injury
4supplemental benefit fund may become inadequate to fund all claims under ss.
5102.49, 102.59, and 102.66, the secretary commissioner shall file with the secretary
6of administration a certificate attesting that the cash balance in that fund is likely
7to become inadequate to fund all claims under ss. 102.49, 102.59, and 102.66 and
8specifying one of the following:
SB21,2994 9Section 2994. 102.65 (4) (a) of the statutes is amended to read:
SB21,1182,1110 102.65 (4) (a) That payment of those claims will be made as provided in a
11schedule that the department office shall promulgate by rule.
SB21,2995 12Section 2995. 102.66 (1) of the statutes is amended to read:
SB21,1183,213 102.66 (1) Subject to any certificate filed under s. 102.65 (4), if there is an
14otherwise meritorious claim for occupational disease, or for a traumatic injury
15described in s. 102.17 (4) in which the date of injury or death or last payment of
16compensation, other than for treatment or burial expenses, is before April 1, 2006,
17and if the claim is barred solely by the statute of limitations under s. 102.17 (4), the
18department office may, in lieu of worker's compensation benefits, direct payment
19from the work injury supplemental benefit fund under s. 102.65 of such
20compensation and such medical expenses as would otherwise be due, based on the
21date of injury, to or on behalf of the injured employee. The benefits shall be
22supplemental, to the extent of compensation liability, to any disability or medical
23benefits payable from any group insurance policy whose premium is paid in whole
24or in part by any employer, or under any federal insurance or benefit program

1providing disability or medical benefits. Death benefits payable under any such
2group policy do not limit the benefits payable under this section.
SB21,2996 3Section 2996. 102.75 (1) of the statutes is amended to read:
SB21,1183,184 102.75 (1) The department office shall assess upon and collect from each
5licensed worker's compensation insurance carrier and from each employer exempted
6under s. 102.28 (2) by special order or by rule, the proportion of total costs and
7expenses incurred by the council on worker's compensation for travel and research
8and by the department office, the division, and the commission in the administration
9of this chapter for the current fiscal year plus any deficiencies in collections and
10anticipated costs from the previous fiscal year, that the total indemnity paid or
11payable under this chapter by each such carrier and exempt employer in worker's
12compensation cases initially closed during the preceding calendar year, other than
13for increased, double, or treble compensation bore to the total indemnity paid in cases
14closed the previous calendar year under this chapter by all carriers and exempt
15employers other than for increased, double, or treble compensation. The council on
16worker's compensation, the division, and the commission shall annually certify any
17costs and expenses for worker's compensation activities to the department office at
18such time as the secretary commissioner requires.
SB21,2997 19Section 2997. 102.75 (1g) of the statutes is created to read:
SB21,1184,220 102.75 (1g) (a) Subject to par. (b), the department shall collect from each
21licensed worker's compensation carrier the proportion of reimbursement approved
22by the department under s. 102.44 (1) (c) 1. for supplemental benefits paid in the year
23before the previous year that the total indemnity paid or payable under this chapter
24by the carrier in worker's compensation cases initially closed during the preceding
25calendar year, other than for increased, double, or treble compensation, bore to the

1total indemnity paid in cases closed the previous calendar year under this chapter
2by all carriers, other than for increased, double, or treble compensation.
SB21,1184,103 (b) The maximum amount that the department may collect under par. (a) in a
4calendar year is $5,000,000. If the amount determined collectible under par. (a) in
5a calendar year is $5,000,000 or less, the department shall collect that amount. If
6the amount determined collectible under par. (a) in a calendar year exceeds
7$5,000,000, the department shall collect $5,000,000 in the year in which the
8determination is made and, subject to the maximum amount collectible of $5,000,000
9per calendar year, shall collect the excess in the next calendar year or in subsequent
10calendar years until that excess is collected in full.
SB21,1184,1311 (c) This subsection does not apply to claims for reimbursement under s. 102.44
12(1) (c) 1. for supplemental benefits paid for injuries that occur on or after January 1,
132016.
SB21,2998 14Section 2998. 102.75 (1g) (a) of the statutes, as created by 2015 Wisconsin Act
15.... (this act), is amended to read:
SB21,1184,2316 102.75 (1g) (a) Subject to par. (b), the department office shall collect from each
17licensed worker's compensation carrier the proportion of reimbursement approved
18by the department office under s. 102.44 (1) (c) 1. for supplemental benefits paid in
19the year before the previous year that the total indemnity paid or payable under this
20chapter by the carrier in worker's compensation cases initially closed during the
21preceding calendar year, other than for increased, double, or treble compensation,
22bore to the total indemnity paid in cases closed the previous calendar year under this
23chapter by all carriers, other than for increased, double, or treble compensation.
SB21,2999 24Section 2999. 102.75 (1g) (b) of the statutes, as created by 2015 Wisconsin Act
25.... (this act), is amended to read:
SB21,1185,8
1102.75 (1g) (b) The maximum amount that the department office may collect
2under par. (a) in a calendar year is $5,000,000. If the amount determined collectible
3under par. (a) in a calendar year is $5,000,000 or less, the department office shall
4collect that amount. If the amount determined collectible under par. (a) in a calendar
5year exceeds $5,000,000, the department office shall collect $5,000,000 in the year
6in which the determination is made and, subject to the maximum amount collectible
7of $5,000,000 per calendar year, shall collect the excess in the next calendar year or
8in subsequent calendar years until that excess is collected in full.
SB21,3000 9Section 3000. 102.75 (1m) of the statutes is amended to read:
SB21,1185,1410 102.75 (1m) The moneys collected under sub. subs. (1) and (1g) and under ss.
11102.28 (2) and 102.31 (7), together with all accrued interest, shall constitute a
12separate nonlapsible fund designated as the worker's compensation operations fund.
13Moneys in the fund may be expended only as provided in s. 20.445 (1) (ra), (rb), and
14(rp) and (2) (ra) and may not be used for any other purpose of the state.
SB21,3001 15Section 3001 . 102.75 (1m) of the statutes, as affected by 2015 Wisconsin Act
16.... (this act), is amended to read:
SB21,1185,2117 102.75 (1m) The moneys collected under subs. (1) and (1g) and under ss. 102.28
18(2) and 102.31 (7), together with all accrued interest, shall constitute a separate
19nonlapsible fund designated as the worker's compensation operations fund. Moneys
20in the fund may be expended only as provided in s. 20.445 (1) ss. 20.145 (6) (ra), (rb),
21and (rp) and 20.445 (2) (ra) and may not be used for any other purpose of the state.
SB21,3002 22Section 3002. 102.75 (2) of the statutes is amended to read:
SB21,1186,1023 102.75 (2) The department shall require that payments for costs and expenses
24for each fiscal year shall be made on such dates as the department prescribes by
each
25licensed worker's compensation insurance carrier and employer exempted under s.

1102.28 (2) (b) from the duty to insure under s. 102.28 (2) (a) to make the payments
2required under sub. (1) for each fiscal year on such dates as the department
3prescribes. The department shall also require each licensed worker's compensation
4insurance carrier to make the payments required under sub. (1g) for each fiscal year
5on those dates
. Each such payment shall be a sum equal to a proportionate share of
6the annual costs and expenses assessed upon each carrier and employer as estimated
7by the department. Interest shall accrue on amounts not paid within 30 days after
8the date prescribed by the department under this subsection at the rate of 1 percent
9per month. All interest payments received under this subsection shall be deposited
10in the fund established under s. 102.65.
SB21,3003 11Section 3003 . 102.75 (2) of the statutes, as affected by 2015 Wisconsin Act ....
12(this act), is amended to read:
SB21,1186,2413 102.75 (2) The department office shall require each licensed worker's
14compensation insurance carrier and employer exempted under s. 102.28 (2) (b) from
15the duty to insure under s. 102.28 (2) (a) to make the payments required under sub.
16(1) for each fiscal year on such dates as the department office prescribes. The
17department office shall also require each licensed worker's compensation insurance
18carrier to make the payments required under sub. (1g) for each fiscal year on those
19dates. Each such payment shall be a sum equal to a proportionate share of the
20annual costs and expenses assessed upon each carrier and employer as estimated by
21the department office. Interest shall accrue on amounts not paid within 30 days after
22the date prescribed by the department office under this subsection at the rate of 1
23percent per month. All interest payments received under this subsection shall be
24deposited in the fund established under s. 102.65.
SB21,3004 25Section 3004. 102.75 (4) of the statutes is amended to read:
SB21,1187,5
1102.75 (4) From the appropriation under s. 20.445 (1) 20.145 (6) (ra), the
2department office shall allocate the amounts that it collects in application fees from
3employers applying for exemption under s. 102.28 (2) and the annual amount that
4it collects from employers that have been exempted under s. 102.28 (2) to fund the
5activities of the department office under s. 102.28 (2) (b) and (c).
SB21,3005 6Section 3005. 102.80 (1) (e) of the statutes is amended to read:
SB21,1187,87 102.80 (1) (e) All moneys received by the department office for the uninsured
8employers fund from any other source.
SB21,3006 9Section 3006. 102.80 (1) (f) of the statutes is created to read:
SB21,1187,1110 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the
11appropriation account under s. 20.445 (1) (ra) as provided in s. 102.81 (1) (c).
SB21,3007 12Section 3007. 102.80 (1) (f) of the statutes, as created by 2015 Wisconsin Act
13.... (this act), is amended to read:
SB21,1187,1614 102.80 (1) (f) Amounts transferred to the uninsured employers fund from the
15appropriation account under s. 20.445 (1) 20.145 (6) (ra) as provided in s. 102.81 (1)
16(c).
SB21,3008 17Section 3008. 102.80 (1m) of the statutes is amended to read:
SB21,1187,2118 102.80 (1m) The moneys collected or received under sub. (1), together with all
19accrued interest, shall constitute a separate nonlapsible fund designated as the
20uninsured employers fund. Moneys in the fund may be expended only as provided
21in s. 20.445 (1) 20.145 (6) (sm) and may not be used for any other purpose of the state.
SB21,3009 22Section 3009. 102.80 (3) (a) of the statutes is amended to read:
SB21,1188,423 102.80 (3) (a) If the cash balance in the uninsured employers fund equals or
24exceeds $4,000,000, the secretary commissioner shall consult the council on worker's
25compensation within 45 days after that cash balance equals or exceeds $4,000,000.

1The secretary may file with the secretary of administration, within Within 15 days
2after consulting the council on worker's compensation, the commissioner may file
3with the secretary of administration
a certificate attesting that the cash balance in
4the uninsured employers fund equals or exceeds $4,000,000.
SB21,3010 5Section 3010. 102.80 (3) (ag) of the statutes is amended to read:
SB21,1188,186 102.80 (3) (ag) The secretary commissioner shall monitor the cash balance in,
7and incurred losses to, the uninsured employers fund using generally accepted
8actuarial principles. If the secretary commissioner determines that the expected
9ultimate losses to the uninsured employers fund on known claims exceed 85 percent
10of the cash balance in the uninsured employers fund, the secretary commissioner
11shall consult with the council on worker's compensation. If the secretary, after
12consulting with the council on worker's compensation, the commissioner determines
13that there is a reasonable likelihood that the cash balance in the uninsured
14employers fund may become inadequate to fund all claims under s. 102.81 (1), the
15secretary commissioner shall file with the secretary of administration a certificate
16attesting that the cash balance in the uninsured employer's fund is likely to become
17inadequate to fund all claims under s. 102.81 (1) and specifying a date after which
18no new claims under s. 102.81 (1) will be paid.
SB21,3011 19Section 3011. 102.80 (3) (am) of the statutes is amended to read:
SB21,1188,2520 102.80 (3) (am) If the secretary commissioner files the certificate under par. (a),
21the department may expend the moneys in the uninsured employers fund office may,
22beginning on the first day of the first July after the secretary commissioner files that
23certificate, expend the moneys in the uninsured employers fund to make payments
24under s. 102.81 (1) to employees of uninsured employers and to obtain reinsurance
25under s. 102.81 (2).
SB21,3012
1Section 3012. 102.80 (3) (b) of the statutes is amended to read:
SB21,1189,42 102.80 (3) (b) If the secretary commissioner does not file the certificate under
3par. (a), the department office may not expend the moneys in the uninsured
4employers fund.
SB21,3013 5Section 3013. 102.80 (3) (c) of the statutes is amended to read:
SB21,1189,116 102.80 (3) (c) If, after filing the certificate under par. (a), the secretary
7commissioner files the certificate under par. (ag), the department office may expend
8the moneys in the uninsured employers fund only to make payments under s. 102.81
9(1) to employees of uninsured employers on claims made before the date specified in
10that the certificate under par. (ag) and to obtain reinsurance under s. 102.81 (2) for
11the payment of those claims.
SB21,3014 12Section 3014. 102.80 (4) (a) (intro.) of the statutes is amended to read:
SB21,1189,1713 102.80 (4) (a) (intro.) If an uninsured employer who owes to the department
14office any amount under s. 102.82 or 102.85 (4) transfers his or her business assets
15or activities, the transferee is liable for the amounts owed by the uninsured employer
16under s. 102.82 or 102.85 (4) if the department office determines that all of the
17following conditions are satisfied:
SB21,3015 18Section 3015. 102.80 (4) (b) of the statutes is amended to read:
SB21,1189,2219 102.80 (4) (b) The department office may collect from a transferee described in
20par. (a) an amount owed under s. 102.82 or 102.85 (4) using the procedures specified
21in ss. 102.83, 102.835, and 102.87 and the preference specified in s. 102.84 in the
22same manner as the department office may collect from an uninsured employer.
SB21,3016 23Section 3016. 102.81 (1) (a) of the statutes is amended to read:
SB21,1190,524 102.81 (1) (a) If an employee of an uninsured employer, other than an employee
25who is eligible to receive alternative benefits under s. 102.28 (3), suffers an injury for

1which the uninsured employer is liable under s. 102.03, the department office or the
2department's office's reinsurer shall pay to or on behalf of the injured employee or
3to the employee's dependents an amount equal to the compensation owed them by
4the uninsured employer under this chapter except penalties and interest due under
5ss. 102.16 (3), 102.18 (1) (b) and (bp), 102.22 (1), 102.35 (3), 102.57, and 102.60.
SB21,3017 6Section 3017. 102.81 (1) (b) of the statutes is amended to read:
SB21,1190,117 102.81 (1) (b) The department office shall make the payments required under
8par. (a) from the uninsured employers fund, except that if the department office has
9obtained reinsurance under sub. (2) and is unable to make those payments from the
10uninsured employers fund, the department's office's reinsurer shall make those
11payments according to the terms of the contract of reinsurance.
SB21,3018 12Section 3018. 102.81 (1) (c) of the statutes is created to read:
SB21,1190,1913 102.81 (1) (c) 1. The department shall pay a claim under par. (a) in excess of
14$1,000,000 from the uninsured employers fund in the first instance. If the claim is
15not covered by excess or stop-loss reinsurance under sub. (2), the secretary of
16administration shall transfer from the appropriation account under s. 20.445 (1) (ra)
17to the uninsured employers fund as provided in subds. 2. and 3. an amount equal to
18the amount by which payments from the uninsured employers fund on the claim are
19in excess of $1,000,000.
SB21,1191,220 2. Each calendar year the department shall file with the secretary of
21administration a certificate setting forth the number of claims in excess of
22$1,000,000 in the preceding year paid from the uninsured employers fund, the
23payments made from the uninsured employers fund on each such claim in the
24preceding year, and the total payments made from the uninsured employers fund on

1all such claims and, based on that information, the secretary of administration shall
2determine the amount to be transferred under subd. 1. in that calendar year.
SB21,1191,103 3. The maximum amount that the secretary of administration may transfer
4under subd. 1. in a calendar year is $500,000. If the amount determined under subd.
52. is $500,000 or less, the secretary of administration shall transfer the amount
6determined under subd. 2. If the amount determined under subd. 2. exceeds
7$500,000, the secretary of administration shall transfer $500,000 in the calendar
8year in which the determination is made and, subject to the maximum transfer
9amount of $500,000 per calendar year, shall transfer that excess in the next calendar
10year or in subsequent calendar years until that excess is transferred in full.
SB21,3019 11Section 3019. 102.81 (1) (c) 1. of the statutes, as created by 2015 Wisconsin
12Act .... (this act), is amended to read:
SB21,1191,1913 102.81 (1) (c) 1. The department office shall pay a claim under par. (a) in excess
14of $1,000,000 from the uninsured employers fund in the first instance. If the claim
15is not covered by excess or stop-loss reinsurance under sub. (2), the secretary of
16administration shall transfer from the appropriation account under s. 20.445 (1)
1720.145 (6) (ra) to the uninsured employers fund as provided in subds. 2. and 3. an
18amount equal to the amount by which payments from the uninsured employers fund
19on the claim are in excess of $1,000,000.
SB21,3020 20Section 3020. 102.81 (1) (c) 2. of the statutes, as created by 2015 Wisconsin
21Act .... (this act), is amended to read:
SB21,1192,322 102.81 (1) (c) 2. Each calendar year the department office shall file with the
23secretary of administration a certificate setting forth the number of claims in excess
24of $1,000,000 in the preceding year paid from the uninsured employers fund, the
25payments made from the uninsured employers fund on each such claim in the

1preceding year, and the total payments made from the uninsured employers fund on
2all such claims and, based on that information, the secretary of administration shall
3determine the amount to be transferred under subd. 1. in that calendar year.
SB21,3021 4Section 3021. 102.81 (2) of the statutes is amended to read:
SB21,1192,175 102.81 (2) The department office may retain an insurance carrier or insurance
6service organization to process, investigate, and pay claims under this section and
7may obtain excess or stop-loss reinsurance with an insurance carrier authorized to
8do business in this state in an amount that the secretary commissioner determines
9is necessary for the sound operation of the uninsured employers fund. In cases
10involving disputed claims, the department office may retain an attorney to represent
11the interests of the uninsured employers fund and to make appearances on behalf
12of the uninsured employers fund in proceedings under ss. 102.16 to 102.29. Section
1320.930 and all provisions of subch. IV of ch. 16, except s. 16.753, do not apply to an
14attorney hired under this subsection. The charges for the services retained under
15this subsection shall be paid from the appropriation under s. 20.445 (1) 20.145 (6)
16(rp). The cost of any reinsurance obtained under this subsection shall be paid from
17the appropriation under s. 20.445 (1) 20.145 (6) (sm).
SB21,3022 18Section 3022. 102.81 (4) (a) of the statutes is amended to read:
SB21,1192,2119 102.81 (4) (a) If the employee or dependent begins an action to recover
20compensation from the employee's employer or a 3rd party liable under s. 102.29,
21provide to the department office a copy of all papers filed by any party in the action.
SB21,3023 22Section 3023. 102.81 (4) (b) (intro.) of the statutes is amended to read:
SB21,1192,2523 102.81 (4) (b) (intro.) If the employee or dependent receives compensation from
24the employee's employer or a 3rd party liable under s. 102.29, pay to the department
25office the lesser of the following:
SB21,3024
1Section 3024. 102.81 (6) (a) of the statutes is amended to read:
SB21,1193,42 102.81 (6) (a) Subject to par. (b), an employee, a dependent of an employee, an
3uninsured employer, a 3rd party who is liable under s. 102.29, or the department
4office may enter into an agreement to settle liabilities under this chapter.
SB21,3025 5Section 3025. 102.81 (6) (b) of the statutes is amended to read:
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