40.71(1)(a)
(a) A participant is deemed a participating employe on the date of death even though the participant is then an applicant for a retirement or disability annuity, except as provided by
s. 40.63 (8) (h), if the participant's application was received by the board within 30 days after the participant ceased to be a participating employe and the participant would have been entitled to the annuity had the participant lived.
40.71(1)(b)
(b) If the date of death is less than one year after the last day for which earnings were paid, a participant is deemed a participating employe on leave of absence, notwithstanding the fact that no formal leave of absence is in effect, if the participating employer for which the participant last performed services as a participating employe has not filed notice of the termination of employment prior to the employe's death.
40.71(1)(c)
(c) If the death of a participating employe on leave of absence, other than a leave for purposes of military service, arises from employment by any employer other than a participating employer, employment is deemed to have terminated and the participant shall not be considered a participating employe on the date of his or her death.
40.71(1)(d)
(d) Every participant is deemed an annuitant immediately upon the effective date of the participant's annuity, or the date the application is received by the department if the participant is living on that date, whichever is later.
40.71(1)(e)
(e) Any annuitant whose annuity is terminated shall cease to be an annuitant as of the last day of the month preceding the last day on which the annuity is payable.
40.71(2)
(2) Any death benefit may be paid as a beneficiary annuity, subject to
s. 40.73 (3), or as a single cash sum as specified by the beneficiary in the application for the death benefit unless the participant prohibited payment of a single cash sum in a written notice received by the department prior to the participant's death. A prohibition on payment of a single cash sum shall not be effective if the monthly amount of the annuity would be less than the amount determined under
s. 40.25 (1) (a) or if the beneficiary is the participant's estate or a trust in which the beneficiary has a beneficial interest.
40.71(3)
(3) Whenever any death benefit is payable in a single cash sum, it shall be paid only after receipt by the department of the following:
40.71(3)(a)
(a) A copy of the death certificate of the participant or annuitant;
40.71(3)(b)
(b) A written application of the beneficiary for the benefit; and
40.71(3)(c)
(c) Any additional evidence deemed necessary or desirable by the department.
40.71 History
History: 1981 c. 96;
1987 a. 309.
40.72
40.72
Life insurance benefits. 40.72(1)
(1) Except as provided in
sub. (2),
(3),
(3m),
(8) or
(10), the amount of group life insurance of an insured employe under age 70 shall be $1,000 of insurance for each $1,000 or part of $1,000 of the employe's annual earnings during the prior calendar year, notwithstanding any limitation of amount that may otherwise be provided by law. For persons covered initially the earnings shall be a projection on an annual basis of the compensation at the time of coverage until the date determined by the group insurance board for establishing new annual amounts of insurance.
40.72(2)
(2) Except as provided by
sub. (3), the amount of life insurance for any insured eligible employe who is 70 years of age or older or insured retired eligible employe under
sub. (4) who is 65 years of age or over shall be the amount as computed under
sub. (1) reduced by 25% of that amount on each birthday of the employe commencing with the employe's 65th birthday, with a maximum reduction of 75%.
40.72(3)
(3) The maximum reduction in the amount of insurance for any insured employe to whom this subsection applies by an election under
s. 40.70 (3) and for any insured state employe shall be 50%.
40.72(3m)
(3m) The group insurance board may, by contract, limit the amount of group life insurance for any insured employe who becomes insured by electing coverage under
s. 40.70 (6).
40.72(4)
(4) The amount of life insurance for any insured employe who was either a participating employe before January 1, 1990, or who has been covered under the group life insurance plan in at least 5 calendar years after 1989, who terminates employment shall be the same as if the employe had not terminated employment and earnings had continued at the same amount as at the time of termination, except as provided in
subs. (2) and
(3) and
s. 40.70 (3), if any of the following applies on the date of termination:
40.72(4)(a)
(a) The employe meets all of the requirements for receiving an immediate annuity except the filing of an application.
40.72(4)(b)
(b) The sum of the employe's creditable service on January 1, 1990, and the number of calendar years after 1989 in which the employe has been covered under the group life insurance plan equals at least 20 years.
40.72(4)(c)
(c) The employe's number of years of service with the participating employer by whom the employe was employed immediately before termination equals at least 20 years.
40.72(4r)
(4r) At any time after an insured employe's amount of life insurance is reduced under
subs. (2) and
(3) and life insurance premiums are no longer required under
s. 40.05 (6) (b), the employe may convert the present value of the life insurance to pay the premiums for health or long-term care insurance provided under
subch. IV, but only if the department determines that the value of the conversion is exempt from taxation under the internal revenue code.
40.72(5)
(5) The amount of insurance specified under
sub. (4) shall be adjusted when the person again becomes an employe of an employer participating in the group life insurance plan and while employed again the person shall pay premiums under
s. 40.05 (6) for the insurance.
40.72(6)
(6) The amount of insurance of an employe who retires on disability annuity shall be the same as if the employe had not retired and his or her earnings had continued in the same amount as at the time of his or her retirement, except as provided by
subs. (2) and
(3).
40.72(7)
(7) During a period of disability in which premiums are waived under the terms of the insurance contract the amount of insurance shall be the same as if the employe had not become disabled and earnings had continued at the same amount as at the time of becoming disabled, and the contract may provide that the insurance continues during the continuance of the disability even if the person ceases to be an employe.
40.72(8)
(8) The life insurance in effect during the previous year shall not be reduced during subsequent consecutive years of eligible employment with the same employer unless the employe elects to have the amount of life insurance recomputed under
subs. (1) to
(3) or cancels coverage. The election shall be made under procedures established by the department. This subsection is subject to the limitations of
subs. (2) and
(3).
40.72(9)
(9) In addition to the insurance provided under
sub. (1), insurance may be provided against accidental death and dismemberment as defined by the group insurance board in accordance with benefit schedules established by contract.
40.72(10)
(10) Each insured state employe, and each insured employe to whom this subsection applies by an election under
s. 40.70 (3), who is under 70 years of age, or 65 years of age if retired, shall be provided an amount of group life insurance in addition to that provided under
sub. (1) equal to 100% of the employe's earnings rounded to the next higher $1,000, if earnings are not in even $1,000 increments. The employe may cancel, in accord with the procedures specified by
s. 40.70, the amount of additional insurance provided under this subsection.
40.73
40.73
Death benefits. 40.73(1)(1) The amount of the Wisconsin retirement system death benefit shall be:
40.73(1)(a)
(a) Upon the death of a participant, other than an annuitant, the sum of the additional and employe required contribution accumulations credited to the participant's account on the beneficiary annuity effective date or, in the case of a lump sum payment, the first day of the month in which the death benefit is approved. In addition:
40.73(1)(a)1.
1. For teacher participants who were members of the state teachers retirement system or the Milwaukee teachers retirement fund on June 30, 1966, the amount shall be increased by the employer contribution accumulation credited to the participant's account on or prior to June 30, 1973, plus interest at the effective rate subsequently credited to the accumulations.
40.73(1)(a)2.
2. For participants who were participants of the Wisconsin retirement fund on or prior to December 31, 1965, the amount shall be increased by the employer contribution accumulation credited to the participant's account on December 31, 1965, plus interest at the effective rate subsequently credited to the accumulations.
40.73(1)(b)
(b) Upon the death of an annuitant, in addition to any amounts payable by virtue of the annuity option elected by an annuitant, the amount determined under
par. (a) for contributions made under
s. 40.05 (1) subsequent to the effective date of the annuity, or additional contributions not applied to provide an annuity, provided the amounts have not been previously paid out as a lump sum under
s. 40.25.
40.73(1)(c)
(c) In lieu of the benefit payable under
par. (a) or
(b), upon the death of a participating employe who, prior to death, met all of the requirements under
s. 40.23 (1) except termination of employment and the filing of an application, if the beneficiary to whom a death benefit is payable is a dependent of the participating employe, or a trust in which such a beneficiary has a beneficial interest, the present value on the day following the date of death of the life annuity to the beneficiary which would have been payable if the participating employe had been eligible to receive a retirement annuity, computed under
s. 40.23 or
40.26, beginning on the date of death and had elected to receive the annuity in the form of a joint and survivor annuity providing the same amount of annuity to the surviving beneficiary as the reduced amount payable during the participant's lifetime. If there is more than one beneficiary the amount of the annuity and its present value will be determined as if the oldest of the beneficiaries were the sole beneficiary. If the death benefit payable to the beneficiary under this paragraph would be less than the amount determined under
par. (a) or
(b) the death benefit shall be payable under
par. (a) or
(b) and this paragraph shall not be applicable to the beneficiary. An annuitant receiving an annuity only under
s. 40.24 (1) (f), which annuity was an immediate annuity, shall be deemed a participating employe for purposes of this paragraph only, but the amount payable under
s. 40.24 (1) (f) shall not be changed.
40.73(1)(d)
(d) Increased, upon the death of a participant who had elected the additional benefit provided by s.
42.81 (14), 1979 stats., and continued making the contributions provided for in s.
42.81 (14), 1979 stats., and was eligible for the benefit on December 15, 1988, by an amount and for a period determined by the actuary and approved by the board as being appropriate to the level of contributions provided for in s.
42.81 (14), 1979 stats., or any lower level of contributions, as determined by the actuary and approved by the board. The board may require that the payment of benefits under an insurance contract be paid in lieu of any benefits provided under this paragraph, but only if the benefits under the insurance contract are at least equal to the benefits that would otherwise have been paid under this paragraph on the date on which the insurance contract went into effect.
40.73(1)(e)
(e) Decreased by the balance in the memorandum account established under
s. 40.26 (2) (b) except when the death benefit amount is determined under
par. (c) and the retirement annuity would have been computed under
s. 40.26.
40.73(2)(a)(a) Upon the death, prior to the expiration of the guarantee period, of an annuitant receiving an annuity which provides a guaranteed number of monthly payments, monthly payments shall be continued until payments have been made for the guaranteed number of months. Any beneficiary under this paragraph may elect at any time to receive the then present value of the annuity, including monthly interest at the assumed benefit rate for each full month between the termination of annuity payments and the month in which the single sum payment is approved, in a single sum.
40.73(2)(b)
(b) In lieu of the continuation of monthly payments under
par. (a), the then present value of the annuity shall be paid as a death benefit under
sub. (1) if:
40.73(2)(b)3.
3. The death of the beneficiary occurs after having become entitled to receive payments under
par. (a), but prior to the end of the period guaranteed;
40.73(2)(b)4.
4. The amount of the monthly payments to the beneficiary, including any amount payable under
s. 40.27, is less than the amount determined under
s. 40.25 (1) (a); or
40.73(2)(b)5.
5. At the death of the annuitant the remainder of the period for which payments are guaranteed is less than 12 months.
40.73(3)(a)(a) A death benefit may be paid as an annuity for the life of the beneficiary, if the amount of the death benefit is sufficient to provide a beneficiary annuity in the normal form at least equal to the amount determined under
s. 40.25 (1) (a) and the beneficiary or the participant has elected to have the death benefit paid as a beneficiary annuity.
40.73(3)(c)
(c) Whenever any death benefit is payable in the form of an annuity, the annuity may begin on the day following the date of death of the participant or annuitant if the department has received a copy of the death certificate of the participant or annuitant, and a written application of the beneficiary for the benefit, subject to the same restrictions on effective dates as set forth for retirement annuities.
40.73(3)(d)
(d) The amount of any beneficiary annuity shall be that which can be provided from the death benefit, determined in accordance with the actuarial tables in effect on the effective date of the annuity.
40.73(3)(e)
(e) Any beneficiary who is eligible to receive a beneficiary annuity may elect to receive the annuity in any of the optional annuity forms provided for retirement annuities, other than an annuity under
s. 40.24 (1) (c) or any annuity payable over the joint life expectancies of the beneficiary and another person.
40.73(3)(f)
(f) Any beneficiary between ages 18 and 21 or the legal or natural guardian of a minor beneficiary may, in lieu of a life annuity, elect that the death benefit be paid in the form of a temporary life annuity, beginning on the day following the date of death of the participant or annuitant and ending with the monthly payment immediately prior to the beneficiary's 21st birthday, and a final payment, payable one month after the termination of the temporary annuity, in the amounts specified in the application, provided the amounts can be provided from the death benefit, on the basis of the actuarial tables in effect on the date of initial approval of the annuity. A beneficiary, prior to the final payment, may, if the amount of the final payment is sufficient to provide an immediate beneficiary annuity in the normal form of at least an amount equal to the amount determined under
s. 40.25 (1) (a) monthly, elect to receive in lieu of the final payment an annuity commencing on the day following the date of termination of the temporary annuity, determined on the basis of the actuarial tables in effect on the date of initial approval of the annuity.
40.74
40.74
Beneficiaries. 40.74(1)(1) Payment to 2 or more persons as joint beneficiaries shall be equal unless the participant, employe or annuitant has designated otherwise in the written designation of beneficiary on file with the department.
40.74(2)
(2) A beneficiary may waive any benefit payable and the beneficiary shall then be determined as if the person had died prior to filing an application except that if the person was a beneficiary under group 2 under
s. 40.02 (8) (a) 2., payment shall be made as if at least one child had survived the participant, employe or annuitant. The waiver shall be effective on the first day of the 2nd month commencing after it is received by the department or the date specified in the waiver, if later.
40.74(4)
(4) If a participant, employe or annuitant fully terminates all coverage and closes all accounts to which a written beneficiary designation applies, the designation does not apply if the individual again becomes a participant, employe or annuitant.
40.74(5)
(5) A designation of a testamentary trust as beneficiary shall satisfy the requirement of
s. 40.02 (8) (a) 1. that a person or trust be specifically named in a written designation of beneficiary whether the will establishing the trust is written before or after the designation of beneficiary is received by the department. If, however, a designation specified the date or otherwise identified a specific will, the designation shall not apply if the will is not the last will and testament of the participant, employe or annuitant.
40.74 History
History: 1981 c. 96;
1987 a. 309.
DEFERRED COMPENSATION PLANS
40.80
40.80
State deferred compensation plan. 40.80(1)
(1) The deferred compensation board shall select and contract with deferred compensation plan providers to be used by state agencies for providing deferred compensation plans to state employes.
40.80(2)
(2) The deferred compensation board shall:
40.80(2)(a)
(a) Determine the requirements for and the qualifications of the deferred compensation plan providers.
40.80(2)(b)
(b) Approve the terms and conditions of the proposed contracts for administrative and investment services.
40.80(2)(c)
(c) Determine the procedure for the selection of the deferred compensation plan providers.
40.80(2)(d)
(d) Approve the terms and conditions of model salary reduction agreements which shall be used by each state agency.
40.80(2)(e)
(e) Require as a condition of the contractual agreements entered into under this section that approved deferred compensation plan providers shall provide service to state agencies only as approved by the deferred compensation board.
40.80(2)(f)
(f) Require as a condition of the contractual agreements entered into under this section that the deferred compensation plan providers shall reimburse the department, to be credited to the administrative account of the public employe trust fund in
s. 40.04 (2), for any costs incurred directly or indirectly by the department in soliciting, evaluating, monitoring and servicing deferred compensation plans.
40.80(2g)
(2g) The deferred compensation board may accept timely appeals of determinations made by the department affecting any right or benefit under any deferred compensation plan provided for under this section.
40.80(2m)
(2m) The deferred compensation board shall promulgate rules establishing procedures, requirements and qualifications for offering deferred compensation plans to state employes in addition to the deferred compensation plans offered by deferred compensation providers selected and contracted with under
sub. (2).
40.80(3)
(3) Any action taken under this section shall apply to employes covered by a collective bargaining agreement under
subch. V of ch. 111.
40.80 Annotation
Sub. (2m) requires the establishment of rules for alternative or supplemental deferred compensation plans but does not require that any such plans be offered.
79 Atty. Gen. 168.
40.81
40.81
Deferred compensation plan authorization. 40.81(1)(1) An employer other than the state or the University of Wisconsin Hospitals and Clinics Authority may provide for its employes the deferred compensation plan established under
s. 40.80. Any employer, including this state and the University of Wisconsin Hospitals and Clinics Authority, who makes the plan under
s. 40.80 available to any of its employes shall make it available to all of its employes under procedures established by the department under this subchapter.
40.81(2)
(2) Any local government employer, or 2 or more employers acting jointly, may also elect under procedures established by the employer or employers to contract directly with a deferred compensation plan provider to administer a deferred compensation plan or to manage any compensation deferred under the plan and may also provide a plan under section
403 (b) of the internal revenue code under procedures established by the local government employer or employers.
40.81(3)
(3) Any action taken under this section shall apply to employes covered by a collective bargaining agreement under
subch. IV or
V of ch. 111.
40.82
40.82
General provisions. 40.82(1)(1) Any part of gross compensation deferred under a deferred compensation plan established under this subchapter which would have been treated as current earnings or wages if paid immediately to the employe shall be treated as current earnings or wages for purposes of the federal social security act or any retirement, pension, or group insurance benefit plan provided by the department.
40.82(2)
(2) Compensation which is withheld under a deferred compensation plan contract between an employer and an employe may be invested by the employer or a person other than the employer who is authorized by contract to administer the funds. The employer may determine the types of investments in which the deferred compensation funds may be invested. The deferred compensation funds may be invested and reinvested in the same manner provided for investments under
s. 881.01 (1).
40.82 History
History: 1981 c. 187.
EMPLOYE-FUNDED REIMBURSEMENT
ACCOUNTS
40.85
40.85
Employe-funded reimbursement account plan. 40.85(1)(1) The board shall select and contract with employe-funded reimbursement account plan providers to be used by state agencies.
40.85(2)
(2) The board shall do all of the following:
