SB1100: Bill Text

SB1100,13,25 (w) The plan does not impose any duties under the federal Employee Retirement Income Security Act of 1974, 29 USC 1001 to 1461, on an employer and does not expose any employer or the state, either as an employer or in the administration of the plan, to any potential liability under that act.

SB1100,14,2 (x) The plan provides a process for making withdrawals from an employee's WisEARNS retirement account.

SB1100,14,7 (y) The plan sets forth the requirements that an employer that offers a qualified retirement plan described in par. (b) must meet in order to obtain an exemption from the requirement under par. (b) that the employer withhold and remit employee contributions to the plan through payroll deductions and a process for obtaining such an exemption.

SB1100,14,10 (z) The plan sets forth the contents and frequency of disclosures that the board must make to employers, eligible employees and other individuals participating in the plan. Those disclosures shall include all of the following:

SB1100,14,12 1. A discussion of the benefits and risks associated with making contributions to a retirement savings account.

SB1100,14,15 2. Instructions on the process for making contributions to a WisEARNS account, opting out of participation in the plan, and making withdrawals from a WisEARNS account.

SB1100,14,16 3. Instructions on how to obtain additional information about the plan.

SB1100,14,20 4. A notice advising that employees should contact a financial or investment adviser for financial or investment advice, that participating employers may not provide financial or investment advice, and that participating employers are not liable for financial or investment decisions made by an employee.

SB1100,14,22 5. A notice advising that the plan is not an employer-sponsored retirement savings plan.

SB1100,15,2 6. A notice that a rate of interest or return on a WisEARNS retirement account, and the payment of principal, interest, or a return on such an account, are not guaranteed by the state and that the state may not be held liable for any loss incurred by any person as a result of participating in the plan.

SB1100,15,6 (9) Construction. Nothing in this section guarantees any rate of interest or return on a WisEARNS retirement account or the payment of principal, interest, or a return on such an account. The state may not be held liable for any loss incurred by any person as a result of participating in the plan.

SB1100,15,9 (10) Confidentiality. All personal and financial information pertaining to the owner or a beneficiary of a WisEARNS account is confidential and may not be disclosed except as follows:

SB1100,15,11 (a) As necessary to administer the plan, the tax laws of this state, and the Internal Revenue Code.

SB1100,15,12 (b) With the prior written consent of the subject of the information.

SB1100,15,15 (11) Liability for private employers. No private employer is a fiduciary with respect to the plan. No private employer is liable for any of the following with respect to the plan or an eligible employee:

SB1100,15,16 (a) An eligible employee's decision to participate in the plan.

SB1100,15,18 (b) Investment decisions made by the board or an eligible employee who participates in the plan.

SB1100,15,20 (c) The administration or investment performance of the plan, including any interest rate or other rate of return on any contribution or account balance.

SB1100,15,21 (d) The plan design.

SB1100,15,24 (e) An eligible employee's familiarity with and compliance with the applicable provisions of the Internal Revenue Code and U.S. department of treasury regulations related to individual retirement accounts.

SB1100,16,4 (f) Any loss, failure to realize any gain, or other adverse consequences, including any adverse tax consequences or loss of favorable tax treatment, public assistance, or other benefits, incurred by any eligible employee as a result of participating in the plan.

SB1100,16,15 (12) Liability of board and state. No cause of action of any nature may arise against and no civil liability may be imposed upon a member of the board for any act or omission in the performance of his or her powers and duties related to the plan, unless the individual asserting liability proves that the act or omission constitutes willful misconduct. No cause of action of any nature may arise against and no civil liability may be imposed upon the state or an employee of the state for any act or omission related to the powers and duties of the state or employee in the performance of any powers or duties related to the plan unless the individual asserting liability proves that the act or omission constitutes willful misconduct. No member of the board, the state, board or commission of the state, appointee, or employee of the state is liable for any of the following:

SB1100,16,18 (a) An eligible employee's familiarity with and compliance with the applicable provisions of the Internal Revenue Code and U.S. department of treasury regulations related to individual retirement accounts.

SB1100,16,20 (b) The interest rate or other rate of return, on an account balance or investment performance.

SB1100,16,24 (c) Any loss, failure to realize any gain, or other adverse consequences, including any adverse tax consequences or loss of favorable tax treatment, public assistance, or other benefits, incurred by any eligible employee as a result of participating in the plan.

SB1100,16,25 (d) The debts, contracts, and obligations of the plan or the board.

SB1100,17,4 (13) Reports. (a) By October 15 of each year, the board shall submit a report of its activities to the governor and the appropriate standing committees of the legislature under s. 13.172 (3). The report shall include information on the performance of the plan and any recommended changes to the plan.

SB1100,17,7 (b) By January 1, 2026, the board shall submit a report of its activities and recommendations regarding making the plan permanent to the governor and the appropriate standing committees of the legislature under s. 13.172 (3).

SB1100,17,11 (14) Standard of responsibility. Members of the board and any 3rd-party administrators of the plan shall discharge their duties as fiduciaries with respect to the trust fund under s. 25.52 for the interest of eligible employees who participate in the plan as follows:

SB1100,17,14 (a) To administer assets of the trust fund solely for the purpose of providing benefits to eligible employees who are enrolled in the plan at a reasonable cost and not for any other purpose.

SB1100,17,18 (b) To manage the money and property of the trust fund with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a similar capacity, with the same resources, and familiar with like matters exercises in the conduct of an enterprise of a like character with like aims.

SB1100,17,21 (15) Assistance. The office of the state treasurer shall provide the board with any assistance necessary to carry out this section, including staff, equipment, and office space.

SB1100,3 Section 3 . 16.705 (9) of the statutes is amended to read:

SB1100,18,5 16.705 (9) The department shall maintain a list of persons that are or have been a party to a contract with the state under this subchapter or s. 14.69 who have violated a provision of this subchapter or a contract under this subchapter or s. 14.69. The parties on the list are ineligible for state contracts and no state contract may be awarded to a party on the ineligible list. The department may remove any party from the ineligible list if the department determines that the party's practices comply with this subchapter or s. 14.69 and provide adequate safeguards against future violations of this subchapter or s. 14.69 or contracts under this subchapter or s. 14.69.

SB1100,4 Section 4 . 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table - See PDF for table - See PDF for table

SB1100,5 Section 5 . 20.517 of the statutes is created to read:

SB1100,18,10 20.517 WisEARNS. There is appropriated to the WisEARNS board for the following programs:

SB1100,18,13 (1) WisEARNS plan. (a) Establishment and administration of plan. Biennially, the amounts in the schedule to establish and administer the plan under s. 14.69.

SB1100,18,16 (q) Administrative expenses; WisEARNS plan administration trust fund. From the WisEARNS plan administration trust fund, all moneys deposited in that fund under s. 14.69 (7) (b) for the operating expenses of the board.

SB1100,19,2 (r) Gifts and grants; WisEARNS plan administration trust fund. From the WisEARNS plan administration trust fund, all moneys received as contributions, gifts, grants, and bequests for that trust fund under s. 14.69 (6) (b) to carry out the purposes for which made and received.

SB1100,6 Section 6. 20.923 (4) (c) 7. of the statutes is created to read:

SB1100,19,4 20.923 (4) (c) 7. State treasurer; WisEARNS board: executive director.

SB1100,7 Section 7 . 25.52 of the statutes is created to read:

SB1100,19,9 25.52 WisEARNS plan administration trust fund. There is established a separate nonlapsible trust fund designated as the WisEARNS plan administration trust fund, to consist of all moneys deposited in that fund under s. 14.69 (6) (b) and (7) (b).

SB1100,8 Section 8 . 71.05 (6) (a) 15. of the statutes is amended to read:

SB1100,19,16 71.05 (6) (a) 15. Except as provided under s. 71.07 (3p) (c) 5., the amount of the credits computed under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (4s), (4w), (5e), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

SB1100,9 Section 9 . 71.07 (4s) of the statutes is created to read:

SB1100,19,19 71.07 (4s) Retirement plan startup costs tax credit. (a) Definitions. In this subsection:

SB1100,19,21 1. “Claimant” means an eligible employer, as defined in section 45E (c) of the Internal Revenue Code, that files a claim under this subsection.

SB1100,19,23 2. “First credit year” has the meaning given in section 45E (d) (3) of the Internal Revenue Code.

SB1100,19,25 3. “Qualified startup costs” has the meaning given in section 45E (d) (1) of the Internal Revenue Code.

SB1100,20,4 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the tax, an amount equal to 50 percent of the qualified startup costs paid or incurred by the claimant during the taxable year.

SB1100,20,6 (c) Limitations. 1. The credit claimed under this subsection in a taxable year may not exceed the greater of the following:

SB1100,20,7 a. $500.

SB1100,20,10 b. The lesser of $250 for each employee of the claimant who is not a highly compensated employee, as defined in section 414 (q) of the Internal Revenue Code, or $5,000.

SB1100,20,12 2. The credit under this subsection may be claimed only for 3 consecutive taxable years beginning with the first credit year.

SB1100,20,14 3. The rules under section 45E (e) (1) and (3) of the Internal Revenue Code apply to the credit under this subsection.

SB1100,20,16 4. No credit may be claimed under this subsection for an amount that is deducted under section 162 of the Internal Revenue Code.

SB1100,20,24 5. A partnership, limited liability company, or tax-option corporation may not claim the credit under this subsection, but the partners, members, and shareholders may claim the credit based on the payments of the qualified startup costs by the partnership, limited liability company, or tax-option corporation. The partnership, limited liability company, or tax-option corporation shall calculate the amount of the credit that may be claimed by each partner, member, or shareholder and shall provide that information to each of them. The partners, members, and shareholders may claim the credit in proportion to their ownership interests.

SB1100,21,2 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB1100,10 Section 10 . 71.07 (4w) of the statutes is created to read:

SB1100,21,4 71.07 (4w) Auto-enrollment tax credit. (a) Definitions. In this subsection:

SB1100,21,8 1. “Claimant” means an eligible employer, as defined in section 408 (p) (2) (C) (i) of the Internal Revenue Code, that includes an eligible automatic contribution arrangement in a qualified employer plan that is sponsored by the claimant and that files a claim under this subsection.

SB1100,21,10 2. “Eligible automatic contribution arrangement” has the meaning given in section 414 (w) (3) of the Internal Revenue Code.

SB1100,21,12 3. “Qualified employer plan” has the meaning given in section 4972 (d) (1) of the Internal Revenue Code.

SB1100,21,15 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the taxes imposed under s. 71.02, up to the amount of the tax, $500.

SB1100,21,21 (c) Limitations. 1. The credit under this subsection may be claimed only for 3 consecutive taxable years beginning with the first taxable year for which the claimant includes an eligible automatic contribution arrangement in a qualified employer plan that is sponsored by the claimant, except that no credit may be claimed in a taxable year if an eligible automatic contribution arrangement is not included in the qualified employer plan for that taxable year.

SB1100,22,6 2. A partnership, limited liability company, or tax-option corporation may not claim the credit under this subsection, but the partners, members, and shareholders may claim the credit based on the inclusion by the partnership, limited liability company, or tax-option corporation of an eligible automatic contribution arrangement in a qualified employer plan that is sponsored by the partnership, limited liability company, or tax-option corporation. The partnership, limited liability company, or tax-option corporation shall calculate the amount of the credit that may be claimed by each partner, member, or shareholder and shall provide that information to each of them. The partners, members, and shareholders may claim the credit in proportion to their ownership interests.

SB1100,22,8 (d) Administration. Section 71.28 (4) (e) to (h), as it applies to the credit under s. 71.28 (4), applies to the credit under this subsection.

SB1100,11 Section 11 . 71.10 (4) (ct) and (cu) of the statutes are created to read:

SB1100,22,10 71.10 (4) (ct) Retirement plan startup costs tax credit under s. 71.07 (4s).

SB1100,22,11 (cu) Auto-enrollment tax credit under s. 71.07 (4w).

SB1100,12 Section 12 . 71.21 (4) (a) of the statutes is amended to read:

SB1100,22,16 71.21 (4) (a) The amount of the credits computed by a partnership under s. 71.07 (2dm), (2dx), (2dy), (3g), (3h), (3n), (3q), (3s), (3t), (3w), (3wm), (3y), (4k), (4n), (4s), (4w), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), and (10) and passed through to partners shall be added to the partnership's income.

SB1100,13 Section 13 . 71.26 (2) (a) 4. of the statutes, as affected by 2021 Wisconsin Act 127, is amended to read:

SB1100,22,24 71.26 (2) (a) 4. Plus the amount of the credit computed under s. 71.28 (1dm), (1dx), (1dy), (3g), (3h), (3n), (3q), (3t), (3w), (3wm), (3y), (4s), (4w), (5e), (5g), (5i), (5j), (5k), (5r), (5rm), (6n), (9s), and (10) and not passed through by a partnership, limited liability company, or tax-option corporation that has added that amount to the partnership's, limited liability company's, or tax-option corporation's income under s. 71.21 (4) or 71.34 (1k) (g).

SB1100,14 Section 14 . 71.28 (4s) of the statutes is created to read:

SB1100,23,2 71.28 (4s) Retirement plan startup costs tax credit. (a) Definitions. In this subsection:

SB1100,23,4 1. “Claimant” means an eligible employer, as defined in section 45E (c) of the Internal Revenue Code, that files a claim under this subsection.

SB1100,23,6 2. “First credit year” has the meaning given in section 45E (d) (3) of the Internal Revenue Code.

SB1100,23,8 3. “Qualified startup costs” has the meaning given in section 45E (d) (1) of the Internal Revenue Code.

SB1100,23,12 (b) Filing claims. Subject to the limitations provided in this subsection, a claimant may claim as a credit against the taxes imposed under s. 71.23, up to the amount of the tax, an amount equal to 50 percent of the qualified startup costs paid or incurred by the claimant during the taxable year.

SB1100,23,14 (c) Limitations. 1. The credit claimed under this subsection in a taxable year may not exceed the greater the following:

SB1100,23,15 a. $500.

SB1100,23,18 b. The lesser of $250 for each employee of the claimant who is not a highly compensated employee, as defined in section 414 (q) of the Internal Revenue Code, or $5,000.

SB1100,23,20 2. The credit under this subsection may be claimed only for 3 consecutive taxable years beginning with the first credit year.

SB1100,23,22 3. The rules under section 45E (e) (1) and (3) of the Internal Revenue Code apply to the credit under this subsection.

SB1100,23,24 4. No credit may be claimed under this subsection for an amount that is deducted under section 162 of the Internal Revenue Code.

SB1100,24,8 5. A partnership, limited liability company, or tax-option corporation may not claim the credit under this subsection, but the partners, members, and shareholders may claim the credit based on the payment of the qualified startup costs by the partnership, limited liability company, or tax-option corporation. The partnership, limited liability company, or tax-option corporation shall calculate the amount of the credit that may be claimed by each partner, member, or shareholder and shall provide that information to each of them. The partners, members, and shareholders may claim the credit in proportion to their ownership interests.