40.23(4)(e)1.1. Subject to
subds. 2. to
4., if a participant dies before the distribution of benefits has commenced and the participant's beneficiary is the spouse, the department shall begin the distribution within 5 years after the date of the participant's death.
40.23(4)(e)2.
2. If the spouse files a subsequent beneficiary designation with the department, the payment of the distribution may be deferred until the January 1 of the year in which the participant would have attained the age of 70.5 years.
40.23(4)(e)3.
3. If the spouse does not apply for a distribution, the distribution shall begin as an automatic distribution as provided under
subd. 1. or under
par. (c), whichever distribution date is earlier.
40.23(4)(e)4.
4. If the spouse dies, but has designated a new beneficiary, the birth date of the spouse shall be used for the purposes of determining the required beginning date.
40.23(4)(e)5.
5. The department shall specify by rule all procedures relating to an automatic distribution to the spouse. These rules shall comply with the internal revenue code.
40.23(4)(f)
(f) If a participant dies before the distribution of benefits has commenced and the participant's beneficiary is not the spouse, the beneficiary shall do one of the following:
40.23(4)(f)1.
1. Elect a lump sum payment by December 31 of the 5th calendar year after the date of the participant's death.
40.23(4)(f)2.
2. Elect an annuity benefit, not to exceed his or her life expectancy, by December 31 of the calendar year after the date of the participant's death.
40.23(4)(g)
(g) Nothing in this subsection shall be construed to create any benefit, lump sum payment option or form of annuity not otherwise expressly provided for in this subchapter.
40.24
40.24
Annuity options. 40.24(1)(1) Except as provided in
subs. (2) to
(4) and
(7), any participant who is eligible to receive a retirement annuity in the normal form may elect to receive the actuarial equivalent of the normal form annuity in any of the following optional annuity forms:
40.24(1)(a)
(a) A straight-life annuity terminating at the death of the annuitant.
40.24(1)(b)
(b) A straight life annuity with a guarantee of 60 monthly payments.
40.24(1)(c)
(c) An annuity payable for the life of the annuitant with a guarantee of 180 monthly payments.
40.24(1)(d)
(d) An annuity payable for the life of the annuitant, and after the death of the annuitant, monthly payments as elected by the participant of either 100% or 75% of the amount of the annuity paid to the annuitant to be continued to the named survivor, for life, who was designated by the participant in the original application for an annuity. If the participant's annuity effective date is on or after January 1, 1992, or, if the department specifies an earlier date that is not earlier than April 23, 1992, on or after the date specified by the department, and if the death of the named survivor occurs before the death of the annuitant and before the first day of the 61st month beginning after the annuity effective date, the annuity option under this paragraph shall be converted to the annuity option under
par. (a) and, beginning with the annuity payment for the first month beginning after the death of the named survivor, the annuity amount shall be the amount that the annuitant would be receiving on that date if the participant had elected the annuity option under
par. (a) in the original application for an annuity.
40.24(1)(e)
(e) A reduced annuity payable in the normal form or any of the optional life forms provided under this section, plus a temporary annuity payable monthly but terminating with the payment payable in the month following the month in which the annuitant attains age 62 or, if earlier, on the death of the annuitant. It is the intent of this option that so far as is practicable the amounts of the life annuity and temporary annuity shall be determined so that the annuitant's total anticipated benefits from the fund and from his or her primary OASDHI benefit will be the same each month both before and after attainment of age 62.
40.24(1)(f)
(f) From accumulated additional contributions made under
s. 40.05 (1) (a) 5. only, an annuity certain payable for and terminating after the number of months specified by the applicant, regardless of whether the applicant dies before or after the number of months specified, provided that the monthly amount of the annuity certain is at least equal to the minimum amount established under
s. 40.25 (1) (a). Subject to the period of distribution required under
s. 40.23 (4) (b) 2., the number of months specified shall not exceed 180 and shall not be less than 24. If the death of the annuitant occurs prior to the expiration of the certain period, the remaining payments shall be made in accordance with
s. 40.73 (2) without regard to any other annuity payments payable to the beneficiary. An annuity under this paragraph may be initiated prior to any other annuity amount provided under this subchapter and prior to age 55 if all other qualifications for receiving an annuity payment are met.
40.24(1)(g)
(g) Any one optional life annuity form provided by rule.
40.24(2)
(2) The department may modify any optional annuity form prescribed in
sub. (1) (a) to
(f) by rule as necessary to conform to federal regulations.
40.24(3)
(3) Any participant specified under
sub. (1) (intro.) may elect to receive the amount provided by accumulated additional contributions in a different optional form than the balance of the annuity.
40.24(4)
(4) Any optional annuity form under this section shall be based on actuarial equivalent values with due regard to selection against the fund, shall not provide a greater monthly amount payable to others upon the death of the participant than the amount which would have been payable to the participant if the participant had continued to live and shall not be changed after the effective date of the annuity unless the participant's request for the change is received by the department within 60 days after the date on which the first annuity check, share draft or other draft is issued or funds are otherwise transferred.
40.24(5)
(5) An annuity in a form other than the normal form shall be the actuarial equivalent of the annuity in the normal form if, on the effective date of the annuity, the annuity has the same single-sum present value as the annuity in the normal form, as calculated by the department according to methods and assumptions specified by the actuary.
40.24(6)
(6) If a participant's annuity is not effective until after the earlier of the participant's normal retirement date under
s. 40.02 (42) (a) to
(d) or the date on which the participant attains the age of 62 years and the participant elects an optional annuity form, the monthly amount of annuity provided by conversion of the benefit computed under
s. 40.23 (2m) (e) to the optional form elected shall not be less than the monthly amount of annuity which would have been paid had the participant retired on the earlier of the participant's normal retirement date under
s. 40.02 (42) (a) to
(d) or the date on which the participant attains the age of 62 years and elected the same optional form of annuity and the same beneficiary. It shall be assumed for purposes of calculating the amount of an annuity under this subsection that all of the participant's earned annuity was earned prior to the participant's normal retirement date, but the department shall use the beneficiary's actual age on the effective date of the annuity.
40.24(7)(a)(a) Any participant who has been married to the same spouse for at least one year immediately preceding the participant's annuity effective date shall elect the annuity option under
sub. (1) (d), the annuity option under
sub. (1) (e), if the reduced annuity under
sub. (1) (e) is payable in an optional life form provided under
sub. (1) (d), or an annuity option in a form provided by rule, if the annuity is payable for life with monthly payments of at least 75% of the amount of the annuity to be continued to the beneficiary, for life, upon the death of the participant, and the participant shall designate the spouse as the beneficiary, unless the participant's application for a retirement annuity in a different optional annuity form is signed by both the participant and the participant's spouse or unless the participant establishes to the satisfaction of the department that, by reason of absence or other inability, the spouse's signature may not be obtained. This subsection does not apply to any of the following:
40.24(7)(a)1.
1. Participants whose applications for a retirement annuity specify an annuity effective date before August 1, 1986.
40.24(7)(a)2.
2. That portion of a disability annuity which, under
s. 40.63 (8) (d), is not eligible for election of an annuity option by the participant.
40.24(7)(a)4.
4. Benefits paid from accumulated additional contributions.
40.24(7)(a)5.
5. Benefits payable to a beneficiary from a deceased participant's account.
40.24(7)(b)
(b) In administering this subsection, the secretary may require the participant to provide the department with a certification of the participant's marital status and of the validity of the spouse's signature. If a participant is exempted from the requirements under
par. (a) on the basis of a certification which the department or a court subsequently determines to be invalid, the liability of the fund and the department shall be limited to a conversion of annuity options at the time the certification is determined to be invalid. The conversion shall be from the present value of the annuity in the optional form originally elected by the participant to an annuity with the same present value but in the optional form under
sub. (1) (d) and with monthly payments of 100% of the amount of the annuity paid to the annuitant to be continued to the spouse beneficiary.
40.25
40.25
Lump sum payments. 40.25(1)(a)(a) If all other requirements for payment of a retirement annuity are met and if the retirement annuity in the normal form which could be provided under
s. 40.23 is equal to or less than $100 monthly for a benefit with an effective date that is on or after April 23, 1994, but before the end of the calendar year of 1993 or, for a benefit with an effective date in a subsequent calendar year, the monthly amount applied under this paragraph for the previous calendar year increased by the salary index and ignoring fractions of the dollar, the then present value, including additional contributions, of the annuity shall be paid in a single sum instead of as an annuity. The additional contribution accumulations shall not be included in determining whether a single sum should be paid if the optional form provided by
s. 40.24 (1) (f) or a lump sum under
sub. (4) is selected.
40.25(1)(b)
(b) If all other requirements for payment of a retirement annuity are met and if the retirement annuity in the normal form which could be provided under
s. 40.23 from all available accumulations and credits, other than accumulations from additional contributions, is more than $100 and less than $200 monthly for a benefit with an effective date that is on or after April 23, 1994, but before the end of the calendar year of 1993 or, for a benefit with an effective date in a subsequent calendar year, the monthly amounts applied under this paragraph for the previous calendar year increased by the salary index and ignoring fractions of the dollar, then any participant may elect to receive, in lieu of the annuity, the then present value, including additional contributions, of the annuity in a single sum.
40.25(2)
(2) Subject to subs. [(2m) and] (2t), if all requirements for payment of a retirement annuity are met except attainment of age 55 or age 50 for protective occupation participants, a separation benefit may be paid, if the participant's written application for a separation benefit is received by the department prior to the participant's 55th birthday or 50th birthday for protective occupation participants, in an amount equal to the additional and employe required contribution accumulations of the participant on the date the application for a separation benefit is approved.
40.25 Note
NOTE: The bracketed cross-reference does not exist. Section 40.25 (2m) was repealed by
1997 Wis. Act 69.
40.25(2t)
(2t) A protective occupation participant who is covered by the presumption under
s. 891.455 and who applied for a duty disability benefit under
s. 40.65 on or after May 12, 1998, may not be paid a separation benefit under
sub. (2) [or (2m)] during the period in which he or she is receiving the duty disability benefit.
40.25 Note
NOTE: The bracketed cross-reference does not exist. Section 40.25 (2m) was repealed by
1997 Wis. Act 69.
40.25(3)
(3) Upon administrative approval of payment of an amount under either
sub. (1) or
(2), the participant's account shall be closed and there shall be no further right, interest or claim on the part of the former participant to any benefit from the Wisconsin retirement system except as provided by
subs. (5) and
(6). Any former participant who is subsequently employed by any participating employer shall be treated as a new participating employe for all purposes of this chapter. New accumulations of contributions and credits and the computation of any future benefits shall bear no relationship to any accumulations and credits paid as single sums under
sub. (1) or
(2).
40.25(3m)
(3m) A participant's application for a lump sum payment under
sub. (1) (b) or
(2), filed after May 7, 1994, shall be signed by both the participant and the participant's spouse, if the participant has been married to that spouse for at least one year immediately preceding the date the application is filed. The department may promulgate rules that allow for the waiver of the requirements of this subsection for a situation in which, by reason of absence or incompetency, the spouse's signature may not be obtained. This subsection does not apply to any benefits paid from accumulated additional contributions.
40.25(4)
(4) If all the requirements for payment of a retirement annuity or a separation benefit are met, except filing of an application, a participant may elect that the accumulation from the participant's additional contributions made under
s. 40.05 (1) (a) 5. be paid as a lump sum in lieu of an annuity from those additional contributions.
40.25(5)(a)(a) Rights and creditable service forfeited under
sub. (3) or
s. 40.04 (4) (a) 3. shall be reestablished if the participant receives the benefit resulting in the forfeiture after being discharged and is subsequently reinstated to a position with the participating employer by court order, arbitration award or compromise settlement as a result of an appeal of the discharge.
40.25(5)(b)
(b) The full amount of the benefit paid, plus interest at the effective rate, shall be repaid to the Wisconsin retirement system by the employer of an employe whose rights and creditable service are reestablished under
par. (a) within 60 days after the effective date of the employe's reinstatement. The amount repaid by the employer under this paragraph shall be deducted by the employer from any payment due the employe as a result of the resolution of the appeal or, if that amount is insufficient, the balance shall be deducted from the employe's earnings except the amount deducted from each earnings payment shall be not less than 10% nor more than 25% of the earnings payment. If the employe terminates employment the employer shall notify the department of the amount not yet repaid, including any interest due, at the same time it notifies the department of the termination of employment, and the department shall repay to the employer the balance of the amount due from retentions made under
s. 40.08 (4). The employer may charge interest at a rate not in excess of the current year's assumed rate on any amount unpaid at the end of any calendar year after the year of reinstatement.
40.25(6)(a)(a) A participating employe may reestablish creditable service forfeited, subject to the following conditions and requirements:
40.25(6)(a)1.
1. The participating employe must have at least 3 continuous years of creditable service under the fund at the time of application for reestablishment of creditable service under this subsection.
40.25(6)(a)2.
2. Applications for reestablishment of creditable service must include all creditable service that has been forfeited except that the number of years which may be reestablished under this subsection may not be greater than the creditable service of the participating employe at the date of application, or 10 years, whichever is smaller.
40.25(6)(a)3.
3. The participating employe applying for forfeited creditable service under this subsection shall pay to the fund an amount equal to the employe's statutory contribution on earnings under
s. 40.05 (1) (a) for each year of forfeited service to be reestablished, based upon the participating employe's final average earnings, determined as if the employe retired on the date the department receives the application. The amount payable under this subdivision shall be paid in a lump sum payment, except that the department may, by rule, permit a participating employe to reestablish creditable service by making payments over a period of more than one year. No employer may pay any amount payable under this subdivision on behalf of any participating employe.
40.25(6)(a)4.
4. Upon receipt by the fund of the total payment required under
subd. 3., the creditable service meeting the conditions and requirements of this subsection shall be reestablished to the account of the participating employe making the payment.
40.25(6)(b)
(b) Creditable service may be reestablished under this subsection if it was:
40.25(6)(b)2.
2. Forfeited because of receipt of a separation or withdrawal benefit under the applicable laws and rules in effect prior to January 1, 1982.
40.25(7)(a)(a) Each participating employe whose creditable service terminates on or after May 1, 1992, and who has performed service, other than military service, as an employe of the federal government or a state or local governmental entity in the United States, other than a participating employer, that is located within or outside of this state, or each participating employe whose creditable service terminates on or after May 4, 1994, and who has performed service as an employe for an employer who was not at the time a participating employer but who subsequently became a participating employer, may receive creditable service for such service if all of the following conditions are met:
40.25(7)(a)1.
1. The participant files an application to receive creditable service under this paragraph before termination of employment as a participating employe.
40.25(7)(a)2.
2. The participant has at least 3 continuous years of creditable service under the fund at the time of application under
subd. 1.
40.25(7)(a)3.
3. The number of years of creditable service applied for under this paragraph does not exceed the number of years of creditable service that the participant has at the date of application or 10 years, whichever is less.
40.25(7)(a)4.
4. At the time of application under
subd. 1., the participant furnishes evidence of such service which is acceptable to the department.
40.25(7)(a)5.
5. At the time of application under
subd. 1., 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.
40.25(7)(b)
(b) Creditable service granted under
par. (a) shall be calculated in an amount equal to the year and fractions of a year to the nearest one-hundredth of a year for service other than military service performed for the governmental entity, as determined by evidence of such service furnished under
par. (a) 4. Creditable service granted under
par. (a) shall be the same type of creditable service as the type that is granted to participants who are not executive participating employes, elected officials or protective occupation participants. A participating employe may apply to receive part or all of the creditable service that he or she is eligible to receive under
par. (a).
40.25(7)(c)
(c) If a participant applies to receive creditable service under
par. (a) and the department denies the participant creditable service, the department shall refund the participant's lump sum payment made under
par. (a) 5.
40.25(7)(d)
(d) The lump sum payment under
par. (a) 5. shall be credited and treated as an employe required contribution for all purposes of the retirement system, except for purposes of
s. 40.23 (3).
40.25(7)(e)
(e) A participant may transfer available employe additional contribution accumulations to the employe required contribution account under
par. (d) as payment of the lump sum under
par. (a) 5.
40.25(7)(f)
(f) A participant may not receive creditable service under
par. (a) 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.
40.25(7)(g)
(g) The crediting of any service under this subsection is subject to any applicable requirements under section
415 of the Internal Revenue Code.
40.26
40.26
Reentry into service. 40.26(1)
(1) Except as provided in
ss. 40.05 (2) (g) 2. and
40.23 (1) (am), if a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, receives earnings that are subject to
s. 40.05 (1) or that would be subject to
s. 40.05 (1) except for the exclusion specified in
s. 40.22 (2) (L), the annuity shall be terminated and no annuity payment shall be payable after the month in which the participant files with the department a written election to be included within the provisions of the Wisconsin retirement system as a participating employe.
40.26(2)
(2) Upon termination of an annuity under
sub. (1), the retirement account of the participant whose annuity is so terminated shall be reestablished on the following basis:
40.26(2)(a)
(a) The then present value of any portion of the terminated annuity which was originally provided by employe or employer additional contributions shall be credited to the corresponding additional contribution account.
40.26(2)(b)
(b) The amount of the annuity payments, excluding any portion originally provided by additional contributions, which would have been paid under the terminated annuity, if the annuity had been a straight life annuity, prior to the participant's normal retirement date or prior to the annuity termination date, whichever would first occur, shall be credited to a memorandum account which is subject to
s. 40.04 (4) (a) 2. and
2m. and
(c). If the annuity was recomputed under
s. 40.08 (1m) because of a qualified domestic relations order, the memorandum account established under this paragraph shall be adjusted as provided under
s. 40.08 (1m) (f) 2.
40.26(2)(c)
(c) Except as provided in
pars. (a) and
(b), the retirement account shall be reestablished as if the terminated annuity had never been effective, including crediting of interest and of any contributions made and creditable service earned during the period the annuity was in force.
40.26(3)(a)(a) Upon subsequent retirement and application for an annuity, the annuity of a former annuitant shall be recomputed, except as provided by
pars. (b),
(bm) and
(c), as an original annuity, based upon the participant's attained age on the effective date of the recomputed annuity, in an optional form as elected by the participant under
s. 40.24.
40.26(3)(b)
(b) Except as provided in
par. (bm), if changes in the statutes after the effective date of the original annuity would result in a change in the amount of an annuity recomputed under this subsection, the statutory changes shall not apply to any benefit based on creditable service earned prior to the effective date of the original annuity and the laws in effect as of that original effective date apply.
40.26(3)(bm)
(bm) If a former annuitant becomes a participating employe and accumulates at least 3 continuous years of creditable service before subsequent retirement and application for an annuity under this subsection, and if changes in the statutes after the effective date of the original annuity would result in a change in the amount of an annuity recomputed under this subsection, the annuity of the former annuitant shall be recomputed as follows:
40.26(3)(bm)1.
1. For creditable service earned after termination of the original annuity, the annuity shall be recomputed as provided under
par. (a).
40.26(3)(bm)2.
2. For creditable service earned before the effective date of the original annuity, the annuity shall be recomputed based on the laws in effect as of that original effective date, except that the portion of creditable service earned under this subdivision which is in an amount equal to the amount of creditable service earned under
subd. 1. shall be recomputed as provided under
par. (a).
40.26(3)(c)
(c) The amount of the recomputed annuity shall be reduced by the amount of annuity which could be provided, under the actuarial tables in effect on the annuity effective date, by the balance in the memorandum account established under
sub. (2) (b) and that account shall be closed out.
40.26(4)
(4) Upon subsequent termination of all participating employment of an annuitant who receives compensation subject to
s. 40.05 (1), but whose compensation did not exceed the level specified in
sub. (1) which would have required termination of the original annuity, any contributions made under
s. 40.05 (1) or
(2) (g) 1. based on the additional employment shall upon application be paid the annuitant on the basis specified in
s. 40.25 (2) and
(3) without regard to the age requirement and without any change in the original annuity.
40.26(5)
(5) If a participant applies for an annuity or lump sum payment during the period in which less than 30 days have elapsed between the termination of employment with a participating employer and becoming a participating employe with any participating employer, all of the following shall apply:
40.26(5)(b)
(b) The participant may not receive any benefit under this chapter on which the receipt of an annuity is a condition.
40.26(5)(c)
(c) Any annuity or lump sum payment made to the participant shall be considered to have been made in error and is subject to
s. 40.08 (4). The sum of the payments made in error shall be credited to a memorandum account. The memorandum account is subject to
s. 40.04 (4) (a) 2. and
2m. and
(c). If the annuity was recomputed under
s. 40.08 (1m), the memorandum account established under this paragraph shall be adjusted pursuant to
s. 40.08 (1m) (f) 2. The retirement account of a participant paid in error, and whose annuity was terminated, shall be reestablished as if the terminated annuity had never been effective, including the crediting of interest.
