40.04(9m)(c)
(c) Charge to the account established under
par. (a) payments made to reimburse employe-funded reimbursement account plan providers for payments made to employes under the employe-funded reimbursement account plan under
subch. VIII.
40.04(10)
(10) An accumulated sick leave conversion account shall be maintained within the fund, to which shall be credited all money received under
s. 40.05 (4) (b),
(bc),
(bf),
(bm),
(br) and
(bw) for health insurance premiums, as dividends or premium credits arising from the operation of health insurance plans and from investment income on any reserves established in the fund for health insurance purposes for retired employes and their surviving dependents. Premium payments to health insurers authorized in
s. 40.05 (4) (b),
(bc),
(bf),
(bm) and
(bw) shall be charged to this account. The department shall separately account for premium payments authorized under
s. 40.05 (4) (bf) for purposes of reimbursement from the appropriation under
s. 20.515 (1) (b). This subsection does not prohibit the direct payment of premiums to insurers when appropriate administrative procedures have been established for direct payments.
40.04(11)
(11) A health insurance premium credit account shall be maintained within the fund, to which shall be credited all moneys received under
s. 40.05 (4) (by) for the payment of health insurance premiums, as dividends or premium credits arising from the operation of health insurance plans and from investment income on any reserves established in the fund for health insurance purposes for retired employes and their surviving dependents. Premium payments to health insurers authorized in
subch. IX may only be charged to this account after all other health insurance premium credits under
s. 40.05 (4) (b),
(bc),
(bf),
(bm) and
(bw) are exhausted. This subsection does not prohibit the direct payment of premiums to insurers when appropriate administrative procedures have been established for direct payments.
40.04 History
History: 1981 c. 96,
386;
1983 a. 27,
141,
247,
504;
1987 a. 27,
83;
1989 a. 13,
14,
31,
355;
1991 a. 39,
141,
152,
269;
1995 a. 88,
89,
225,
240.
40.04 Annotation
The implementation of the amendment of s. 20.515 (1) (a), the creation of s. 40.04 (3) (e) and the repeal of s. 40.27 (1) and (1m) by
1987 Wisconsin Act 27 unconstitutionally takes the property of retirement system annuitants. Retired Teachers Ass'n v. Employe Trust Funds Board, 195 W (2d) 1001, 537 NW (2d) 400 (Ct. App. 1995).
40.05
40.05
Contributions and premiums. 40.05(1)
(1)
Employe retirement contributions. For Wisconsin retirement system purposes employe contributions on earnings for service credited as creditable service shall be subject to the annual compensation limits under
26 USC 401 (a) (17) for a participating employe who first becomes a participating employe on or after January 1, 1996, and shall be made as follows:
40.05(1)(a)1.
1. For each participating employe not otherwise specified, 5% of each payment of earnings.
40.05(1)(a)5.
5. Additional contributions may be made by any participant by deduction from earnings or otherwise or may be provided on behalf of any participant in any calendar year in which the participant has earnings, subject to any limitations imposed on contributions by the internal revenue code, applicable regulations adopted under the internal revenue code and rules of the department.
40.05(1)(a)6.
6. Under the rules promulgated under
s. 40.03 (2) (r), additional contributions, other than the first $5,000 of contributions, or a beneficiary's prorated share thereof, that are attributable to a death benefit paid under
s. 40.73, may be made to the fixed annuity division by any participant by rollover contribution of a payment or distribution from a pension or annuity qualified under section
401 of the internal revenue code, subject to any limitations imposed on contributions by the internal revenue code, applicable regulations adopted under the internal revenue code and rules of the department.
40.05(1)(a)7.
7. Subject to any applicable limitations under the internal revenue code, a participating employe may elect to use part or all of his or her accumulated after-tax additional contributions, including interest, made under
subd. 5., other than contributions treated by the department as contributions to a tax sheltered annuity under section
403 (b) of the internal revenue code, to purchase creditable service under this chapter.
40.05(1)(b)
(b) In lieu of employe payment, the employer may pay all or part of the contributions required by
par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employes. Action to assume employe contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state and the University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employes who are covered by a collective bargaining agreement under
subch. V of ch. 111 and for employes whose fringe benefits are determined under
s. 230.12 an amount equal to 4% of the earnings paid by the state or authority unless otherwise provided in a collective bargaining agreement under
subch. V of ch. 111 or unless otherwise determined under
s. 230.12. The state shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under
subch. V of ch. 111 and for employes whose fringe benefits are not determined under
s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under
s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under
subch. V of ch. 111 an amount equal to 4% of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under
s. 233.10.
Effective date note
NOTE: Par. (b) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(b) In lieu of employe payment, the employer may pay all or part of the contributions required by par. (a), but all the payments shall be available for benefit purposes to the same extent as required contributions deducted from earnings of the participating employes. Action to assume employe contributions as provided under this paragraph shall be taken at the time and in the form determined by the governing body of the participating employer. The state shall pay under this paragraph for employes who are covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless otherwise provided in a collective bargaining agreement under subch. V of ch. 111 or unless otherwise determined under s. 230.12. The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for employes who are covered by a collective bargaining agreement under subch. I of ch. 111 and for employes whose fringe benefits are determined under s. 233.10 an amount equal to 4% of the earnings paid by the authority unless otherwise provided in a collective bargaining agreement under subch. I of ch. 111 or unless otherwise determined under s. 233.10. The state shall pay under this paragraph for employes who are not covered by a collective bargaining agreement under subch. V of ch. 111 and for employes whose fringe benefits are not determined under s. 230.12 an amount equal to 4% of the earnings paid by the state unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3). The University of Wisconsin Hospitals and Clinics Authority shall pay under this paragraph for its employes who are not covered by a collective bargaining agreement under subch. I of ch. 111 an amount equal to 4% of the earnings paid by the authority unless a different amount is established by the board of directors of the authority under s. 233.10.
40.05(2)
(2) Employer retirement contributions. For Wisconsin retirement system purposes and subject to the annual compensation limits under
26 USC 401 (a) (17) for a participating employe who first becomes a participating employe on or after January 1, 1996:
40.05(2)(a)
(a) Each participating employer shall make contributions for current service determined as a percentage of the earnings of each participating employe, determined as though all employes of all participating employers were employes of a single employer, but with a separate percentage rate determined for the employe occupational categories specified under
s. 40.23 (2m). A separate percentage shall also be determined for subcategories within each category determined by the department to be necessary for equity among employers.
40.05(2)(am)
(am) The percentage of earnings under
par. (a) shall be determined on the basis of the information available at the time the determinations are made and on the assumptions the actuary recommends and the board approves by dividing the amount determined by subtracting from the then present value of all future benefits to be paid or purchased from the employer accumulation reserve on behalf of the then participants the amount then credited to the reserve for the benefit of the members and the present value of future unfunded prior service liability contributions of the employers under
par. (b) by the present value of the prospective future compensation of all participants.
40.05(2)(ar)
(ar) Participating employers of employes subject to
s. 40.65 shall contribute an additional percentage or percentages of those employes' earnings based on the experience rates determined to be appropriate by the board with the advice of the actuary.
40.05(2)(b)
(b) Contributions shall be made by each participating employer for unfunded prior service liability in a percentage of the earnings of each participating employe. A separate percentage rate shall be determined for the employe occupational categories under
s. 40.23 (2m) as of the employer's effective date of participation. The rates shall be sufficient to amortize as a level percent of payroll over a period of 40 years from the later of that date or January 1, 1986, the unfunded prior service liability for the categories of employes of each employer determined under s.
40.05 (2) (b), 1981 stats., increased to reflect any creditable prior service granted on or after January 1, 1986, increased to reflect the effect of
1983 Wisconsin Act 141, increased at the end of each calendar year after January 1, 1986, by interest at the assumed rate on the unpaid balance at the end of the year and adjusted under
pars. (bv) and
(bw).
40.05(2)(bg)
(bg) Contributions of amounts under
par. (b) may be made in advance to reduce an employer's existing unfunded prior service liability.
40.05(2)(bm)
(bm) Contributions under
par. (b) for each category of employe shall be made until full payment of that employer's unfunded prior service liability for all categories is made.
40.05(2)(br)
(br) The contribution under
par. (b) by an employer in any calendar year before full payment of the unfunded prior service liability determined under
par. (bm) may not be less than the dollar amount determined to be necessary in the first calendar year of the amortization schedule established by
par. (b).
40.05(2)(bt)
(bt) The department may reallocate prior service liability from one employer to another and adjust as necessary the contribution rates established under
par. (b) to reflect transfers of responsibilities and employes among different employers.
40.05(2)(bv)
(bv) The employer contribution rate determined under
par. (b) for participating employes who served in the U.S. maritime service shall be adjusted to reflect the cost of granting creditable service under
s. 40.02 (15) (a) 7. and that rate shall be sufficient to amortize the unfunded prior service liability of the employers over the remainder of the 40-year amortization period under
par. (b).
40.05(2)(bw)
(bw) The employer contribution rate determined under
par. (b) for the university of Wisconsin system shall be adjusted to reflect the cost of granting creditable service under
s. 40.02 (17) (i) and that rate shall be sufficient to amortize the unfunded prior service liability of the employers over the remainder of the 40-year amortization period under
par. (b).
40.05(2)(c)
(c) The percentage rates determined under this subsection shall become effective as of the beginning of the calendar year to which they are applicable and shall remain in effect during the calendar year, except that the secretary, upon the written certification of the actuary, may change any percentage determined under
par. (b) during any calendar year for the purpose of reflecting any reduced obligation which results from any payment of advance contributions.
40.05(2)(d)
(d) The amount of each employer's monthly contribution shall be the sum of the amounts determined by applying the proper percentage rates as determined in accordance with
pars. (a) and
(b) to the total of all earnings paid to participating employes on each payday.
40.05(2)(f)
(f) Whenever the existence of any participating employer is terminated because of consolidation or for any other reason, the employer who thereafter has responsibility for the governmental functions of the previous employer shall be liable for all contributions payable by the previous employer in the following manner:
40.05(2)(f)1.
1. If the territory of the previous employer is attached to 2 or more employers, the total liability of the previous employer shall be allocated to the new employers in proportion to the equalized valuation of each area so attached.
40.05(2)(f)2.
2. Whenever the existence of any participating employer, who was an instrumentality of 2 or more employers, is terminated for any reason and there is no territory to be divided, the liability for contributions of the previous employer shall be divided between the sponsoring employers in the same proportion as the net assets of the terminating employer are divided.
40.05(2)(f)3.
3. If the department determines that it is not feasible to allocate the liability as provided in
subd. 1. or
2., then the liability shall be allocated in proportion to the equalized valuation of the remaining employers.
40.05(2)(f)4.
4. The amount of the allocations to the respective employers shall be certified by the department to each employer.
40.05(2)(f)5.
5. If the employer to whom such an allocation is made is or becomes a participating employer the allocations so certified shall be added to the liability otherwise determined for the employer and the amortization schedule provided for under
par. (b) adjusted so that the required annual amount shall approximate the sum of the annual amounts otherwise required.
40.05(2)(f)6.
6. If the employer who becomes responsible for any part of the liability of the previous employer is not a participating employer the contributions required to liquidate the allocated liability shall be made by the successor employer in equal quarterly payments sufficient to liquidate the allocated liability over the remainder of the amortization period.
40.05(2)(f)7.
7. If an allocation based on equalized valuation is required by this paragraph, the equalized valuations used shall be the valuation determined for the calendar year immediately preceding the calendar year in which the allocation is required to be made by this paragraph.
40.05(2)(f)8.
8. If it is not possible to apply the procedures under this paragraph, the terminating employer and any successor employer shall immediately pay the full outstanding prior service liability balance unless an agreement for a different procedure is approved by the department.
40.05(2)(g)1.1. A participating employer may make contributions as provided in its compensation agreements for any participating employe in addition to the employer contributions required by this subsection. The additional employer contributions made under this paragraph shall be available for all benefit purposes and shall be administered and invested on the same basis as employe additional contributions made under
sub. (1) (a) 5., except that
ss. 40.24 (1) (f) and
40.25 (4) and
(6) (a) 3. do not apply to additional employer contributions made under this paragraph.
40.05(2)(g)2.
2. Under the rules promulgated under
s. 40.03 (2) (r), a participant may, as a payout option for the deferred compensation plan established under
subch. VII, elect to have the entire balance in the participant's account under
subch. VII treated as an additional contribution to the fixed annuity division, subject to any limitations imposed on contributions by the internal revenue code, applicable regulations adopted under the internal revenue code and rules of the department. Additional contributions under this subdivision shall be available for all benefit purposes and shall be administered and invested on the same basis as employe additional contributions, except that
ss. 40.24 (1) (f) and
40.25 (4) do not apply to additional contributions under this subdivision and
s. 40.26 does not apply to an annuity received from additional contributions under this subdivision.
40.05(2)(i)
(i) If an annuity is calculated under s.
40.02 (42) (f), 1987 stats., the employer shall pay to the department the difference, as determined by the department, between the actuarial cost of the annuity which would have been paid if the employer had not elected under s.
42.245 (2) (bm), 1979 stats., or s.
42.78 (2) (bm), 1979 stats., or s.
40.02 (42) (f) 2., 1987 stats., and the actual cost of the annuity payable. The amount payable shall be paid to the department in 3 equal annual payments, plus interest at the effective rate unless the employer pays the full amount due. Each annual payment is due and shall be included with the first payment made under
s. 40.06 (1) in each fiscal year after the annuity effective date. The amount so paid shall be credited as employer required contributions.
40.05(2m)
(2m) Benefit adjustment contribution. Except as provided in
sub. (2n), in addition to the amounts under
subs. (1) and
(2), a benefit adjustment contribution equal to 1% of earnings shall be paid by or for participating employes whose formula rate is determined under
s. 40.23 (2m) (e) 1. and
3. This contribution shall be deducted from each payment of earnings to participating employes unless the employer provides through its compensation provisions or agreements that all or part of the contribution will be paid by the employer. For benefit purposes, this contribution shall be treated as if it were an employer required contribution regardless of whether the employer or the employe pays the contribution and, for a participating employe who first becomes a participating employe on or after January 1, 1996, shall be subject to the annual compensation limits under
26 USC 401 (a) (17).
40.05(2n)(a)(a) If the board, on the advice of the actuary, determines that an increase or decrease in contribution rates is necessary for any annual period after 1989, the board, on the advice of the actuary, shall adjust contribution rates in the following manner:
40.05(2n)(a)1.
1. One-half of the increase or decrease in contribution rates shall be provided for by an increase or decrease in employer contributions under
sub. (2) (a) and
(am), except as provided in
subd. 3.
40.05(2n)(a)2.
2. One-half of the increase or decrease in contribution rates shall be provided for by an increase or decrease in benefit adjustment contributions under
sub. (2m), except as provided in
subd. 3. or
par. (b).
40.05(2n)(a)3.
3. Any increase in contribution rates required after 1989 that results from benefit improvements under
1989 Wisconsin Act 13, which would otherwise increase employer contribution rates over the 1989 rate shall be provided for by an increase in benefit adjustment contributions under
sub. (2m). Notwithstanding
sub. (2m), an employer may not pay for all or part of any increase in benefit adjustment contributions that is required under this subdivision.
40.05(2n)(b)
(b) If under
par. (a) 2. a decrease in benefit adjustment contributions under
sub. (2m) would reduce the amount under
sub. (2m) to less than zero, the employe contribution rates under
sub. (1) shall be decreased.
40.05(2r)
(2r) Annual contributions limitations; disqualification procedure. 40.05(2r)(a)(a) Contributions made under this section are subject to the limitations under
s. 40.32 and the internal revenue code.
40.05(2r)(b)
(b) If a participant in the Wisconsin retirement system also participates in a different retirement plan offered by an employer that is subject to section
401 of the internal revenue code and the internal revenue service seeks to disqualify one or more of the plans because the aggregate contributions to the plans exceed the contribution limits under section
415 of the internal revenue code, the internal revenue service, if it permits state law to determine the order of disqualification of such retirement plans, shall disqualify the retirement plans in the following order:
40.05(2r)(b)1.
1. Retirement plans offered and administered by the employer.
40.05(2r)(b)2.
2. Retirement plans offered by the employer, but administered by the department.
40.05(3)
(3) Social security contributions. Each employer included under an agreement made under
subch. III shall make the contributions required under federal regulations and shall also withhold from the wages of each of its employes who are covered by the state-federal agreement provided for by
subch. III the amount required to be withheld under federal regulations. The state shall be liable for all remittances due from employers in conformity with agreements under
subch. III and shall make payment of all sums which are due under this subsection and become delinquent.
40.05(4)(a)1.1. For health insurance, each insured employe and insured retired employe shall contribute the balance of the required premium amounts after applying required employer contributions, if any.
40.05(4)(a)2.
2. For an insured employe who is an eligible employe under
s. 40.02 (25) (a) 2. or
(b) 2m., the employer shall pay required employer contributions toward the health insurance premium of the insured employe beginning on the date on which the employe becomes insured. For an insured employe who is currently employed but who is not an eligible employe under
s. 40.02 (25) (a) 2. or
(b) 2m., the employer shall pay required employer contributions toward the health insurance premium of the insured employe beginning on the first day of the 7th month beginning after the date on which the employe begins employment with the state, not including any leave of absence.
40.05(4)(a)3.
3. The employer shall continue to pay required employer contributions toward the health insurance premium of an insured employe while the insured employe is on a leave of absence, as follows:
40.05(4)(a)3.a.
a. Only for the first 3 months of the leave of absence, except as provided in
subd. 3. b.
40.05(4)(a)3.b.
b. Unless otherwise provided in the compensation plan under
s. 230.12, for the entire leave of absence if the insured employe is receiving temporary disability compensation under
s. 102.43.
40.05(4)(ad)
(ad) For health insurance, each insured retired employe who elects coverage under
s. 40.51 (10),
(10m) or
(16) shall pay the entire amount of the required premiums, except as provided in
par. (bc).
40.05(4)(ag)
(ag) Except as otherwise provided in accordance with a collective bargaining agreement under
subch. V of ch. 111 or
s. 230.12 or
233.10, the employer shall pay for its currently employed insured employes covered by a collective bargaining agreement under
subch. V of ch. 111 or whose health insurance premium contribution rates are determined under
s. 230.12 or
233.10:
Effective date note
NOTE: Par. (ag) (intro.) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(ag) Except as otherwise provided in accordance with a collective bargaining agreement under subch. I or V of ch. 111 or s. 230.12 or 233.10, the employer shall pay for its currently employed insured employes covered by a collective bargaining agreement under subch. I or V of ch. 111 or whose health insurance premium contribution rates are determined under s. 230.12 or 233.10:
40.05(4)(ag)1.
1. For insured part-time employes, including those in project positions as defined in
s. 230.27 (1), who are appointed to work less than 1,044 hours per year, an amount equal to 50% of the employer contribution under
subd. 2.
40.05(4)(ag)2.
2. For eligible employes not specified in
subd. 1., 90% of the gross premium for the standard health insurance plan offered to state employes by the group insurance board or 105% of the gross premium of the alternative qualifying plan offered under
s. 40.03 (6) that is the least costly qualifying plan within the county in which the alternate plan is located, whichever is lower, but not more than the total amount of the premium. Employer contributions for employes who select the standard plan shall be based on their county of residence. Qualifying health insurance plans shall be determined in accordance with standards established by the group insurance board.
40.05(4)(ar)
(ar) The employer shall pay under
par. (a) for employes who are not covered by a collective bargaining agreement under
subch. V of ch. 111 and for employes whose health insurance premium contribution rates are not determined under
s. 230.12 or
233.10 an amount equal to the amount specified in
par. (ag) unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under
s. 230.12 (3).
Effective date note
NOTE: Par. (ar) is repealed and recreated eff. 7-1-97 by
1995 Wis. Act 27 to read:
Effective date text
(ar) The employer shall pay under par. (a) for employes who are not covered by a collective bargaining agreement under subch. I or V of ch. 111 and for employes whose health insurance premium contribution rates are not determined under s. 230.12 or 233.10 an amount equal to the amount specified in par. (ag) unless a different amount is recommended by the secretary of employment relations and approved by the joint committee on employment relations in the manner provided for approval of changes in the compensation plan under s. 230.12 (3).
40.05(4)(b)
(b) Except as provided under
pars. (bc) and
(bp), accumulated unused sick leave under
ss. 13.121 (4),
36.30,
230.35 (2),
233.10 and
757.02 (5) and under a collective bargaining agreement pursuant to
subch. V of ch. 111 of any eligible employe shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under
s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employe under
s. 40.02 (25) (b) 6. or
10., be converted, at the employe's current basic pay rate, to credits for payment of health insurance premiums on behalf of the employe or the employe's surviving insured dependents. The full premium for any eligible employe who is insured at the time of retirement, or for the surviving insured dependents of an eligible employe who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under
s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Except as provided in
par. (bd), upon conversion of an employe's unused sick leave to credits under this paragraph or
par. (bf), the employe or, if the employe is deceased, the employe's surviving insured dependents may elect to delay initiation of deductions from those credits for up to 10 years after the date of the conversion if the employe or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the last day of the 2nd month after the date on which the employe or surviving insured dependents later elect to initiate deductions from those credits. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under
s. 40.52 (1).
Effective date text
(b) Except as provided under pars. (bc) and (bp), accumulated unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10 and 757.02 (5) and subch. I or V of ch. 111 of any eligible employe shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or upon termination of creditable service and qualifying as an eligible employe under s. 40.02 (25) (b) 6. or 10., be converted, at the employe's current basic pay rate, to credits for payment of health insurance premiums on behalf of the employe or the employe's surviving insured dependents. The full premium for any eligible employe who is insured at the time of retirement, or for the surviving insured dependents of an eligible employe who is deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment. Except as provided in par. (bd), upon conversion of an employe's unused sick leave to credits under this paragraph or par. (bf), the employe or, if the employe is deceased, the employe's surviving insured dependents may elect to delay initiation of deductions from those credits for up to 10 years after the date of the conversion if the employe or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date of the conversion and ending on the last day of the 2nd month after the date on which the employe or surviving insured dependents later elect to initiate deductions from those credits. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under s. 40.52 (1).
40.05(4)(bc)
(bc) The accumulated unused sick leave of an eligible employe under
s. 40.02 (25) (b) 6g. shall be converted to credits for the payment of health insurance premiums on behalf of the employe on the date on which the department receives the employe's application for a retirement annuity or for lump sum payment under
s. 40.25 (1). The employe's unused sick leave shall be converted at the eligible employe's basic pay rate immediately prior to termination of all creditable service. The full premium for the employe, or for the surviving insured dependents of the employe if the employe later becomes deceased, shall be deducted from the credits until the credits are exhausted and paid from the account under
s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct payment of premiums by the insured to the insurer if the premium to be withheld exceeds the annuity payment.
40.05(4)(bd)
(bd) If a retired employe or the retired employe's surviving insured dependents elected before January 3, 1992, to delay initiation of deductions from the employe's sick leave credits for up to 5 years after the date on which the employe's unused sick leave was converted to those credits and those deductions have been initiated, but have not been terminated, before the date on which the employe or surviving insured dependents submit an election under
subd. 1., or if a retired employe or the surviving insured dependents of a retired employe who terminated creditable service 5 years or less before January 3, 1992, elected to delay initiation of deductions from the employe's sick leave credits and those deductions have not been initiated before the date on which the employe or surviving insured dependents submit an election under
subd. 1., the retired employe or surviving insured dependents may elect to delay continuation or initiation of those deductions for up to 10 years after the date on which the employe's unused sick leave was converted to those credits if all of the following apply:
40.05(4)(bd)1.
1. The retired employe or surviving insured dependents make the election on a form provided by the department and submit the election to the department no later than April 30, 1992, or the last day of the 60th month beginning after the date of the conversion, whichever is later.
40.05(4)(bd)2.
2. The retired employe or surviving insured dependents are covered by a comparable health insurance plan or policy during the period beginning on the date on which the employe or surviving insured dependents submit an election under
subd. 1. and ending on the last day of the 2nd month after the date on which the employe or surviving insured dependents later elect to continue or initiate the deductions. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established under
s. 40.52 (1).
40.05(4)(be)
(be) An employe or an employe's surviving insured dependents may elect to delay and to later initiate deductions from the employe's sick leave credits under
par. (b) only once and under
par. (bd) only once. If deductions are delayed and later initiated under
par. (b) or
(bd), the health insurance coverage of the employe or surviving insured dependents is effective on the first day of the 3rd month beginning after the date on which the employe or surviving insured dependents later elect to initiate the deductions under
par. (b) or
(bd).
40.05(4)(bf)
(bf) Any eligible employe who was granted credit under
s. 230.35 (1) (gm) for service as a national guard technician, who, on December 31, 1965, had accumulated unused sick leave that was based on service performed in this state as a national guard technician before January 1, 1966, and who is a participating employe or terminated all creditable service after June 30, 1972, or, if the eligible employe is deceased, the surviving insured dependents of the eligible employe, may have that accumulated unused sick leave converted to credits for the payment of health insurance premiums on behalf of the eligible employe or the surviving insured dependents if, not later than November 30, 1996, the eligible employe or the surviving insured dependents submit to the department, on a form provided by the department, an application for the conversion. The application shall include evidence satisfactory to the department to establish the applicant's rights under this paragraph and the amount of the accumulated unused sick leave that is eligible for the conversion. The accumulated unused sick leave shall be converted under this paragraph, at the eligible employe's basic pay rate immediately prior to termination of all creditable service, on the date of conversion specified in
par. (b) or on the last day of the 2nd month beginning after the date on which the department receives the application under this paragraph, whichever is later. Deductions from those credits, elections to delay initiation of those deductions and premium payments shall be made as provided in
par. (b).
40.05(4)(bm)
(bm) Except as provided under
par. (bp), accumulated unused sick leave under
ss. 36.30 and
230.35 (2) or
233.10 of any eligible employe shall, upon request of the employe at the time the employe is subject to layoff under
s. 40.02 (40), be converted at the employe's current basic pay rate to credits for payment of health insurance premiums on behalf of the employe. The full amount of the required employe contribution for any eligible employe who is insured at the time of the layoff shall be deducted from the credits until the credits are exhausted, the employe is reemployed, or 5 years have elapsed from the date of layoff, whichever occurs first.
40.05(4)(bp)1.1. Except as provided in
subds. 2. and
3., for sick leave which accumulates beginning on August 1, 1987, conversion under
par. (b) or
(bm) of accumulated unused sick leave under
s. 36.30 to credits for payment of health insurance premiums shall be limited to the annual amounts of sick leave specified in this subdivision. For faculty and academic staff personnel who are appointed to work 52 weeks per year, conversion is limited to 8.5 days of sick leave per year. For faculty and academic staff personnel who are appointed to work 39 weeks per year, conversion is limited to 6.4 days of sick leave per year. For faculty and academic staff personnel not otherwise specified, conversion is limited to a number of days of sick leave per year to be determined by the secretary by rule, in proportion to the number of weeks per year appointed to work.
40.05(4)(bp)2.
2. The limits on conversion of accumulated unused sick leave which are specified under
subd. 1. may be waived for nonteaching faculty who are appointed to work 52 weeks per year and nonteaching academic staff personnel if the secretary of administration determines that a sick leave accounting system comparable to the system used by the state for employes in the classified service is in effect at the institution, as defined in
s. 36.05 (9), and if the institution regularly reports on the operation of its sick leave accounting system to the board of regents of the university of Wisconsin system.
40.05(4)(bp)3.
3. The limits on conversion of accumulated unused sick leave which are specified under
subd. 1. may be waived for teaching faculty or teaching academic staff at any institution, as defined in
s. 36.05 (9), if the secretary of administration determines all of the following:
