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:
40.85(2)(a)
(a) Determine the requirements for and the qualifications of the employe-funded reimbursement account plan providers.
40.85(2)(b)
(b) Approve the terms and conditions of the proposed contracts for administrative and related services.
40.85(2)(c)
(c) Determine the procedure for the selection of the employe-funded reimbursement account plan providers in accordance with
s. 16.705.
40.85(2)(d)
(d) Approve the terms and conditions of model agreements which shall be used by each state employe to establish an employe-funded reimbursement account.
40.85(2)(e)
(e) Require as a condition of the contractual agreements entered into under this section that approved employe-funded reimbursement account plan providers may provide service to state agencies only as approved by the board.
40.85(2)(f)
(f) Require as a condition of the contracts entered into under
sub. (1) that the employe-funded reimbursement account plan providers reimburse the department, to be credited to the administrative account of the public employe trust fund under
s. 40.04 (2) (c), for administrative costs incurred by the department in connection with employe-funded reimbursement account plans.
40.85(2)(g)
(g) Deposit into the account established under
s. 40.04 (9m) (a) that part of an employe's gross compensation that the employe wants placed in an employe-funded reimbursement account.
40.85 History
History: 1987 a. 399;
1989 a. 14.
40.86
40.86
Covered expenses. An employe-funded reimbursement account plan may provide reimbursement to an employe for only the following expenses that are actually incurred and paid by an employe and that the board determines are consistent with the applicable requirements of the internal revenue code:
40.86(1)
(1) Dependent care assistance for a person who is dependent on the employe.
40.86(2)
(2) The employe's share of premiums for any group insurance benefit plan provided by the department under this chapter, or any other group insurance benefit plan approved under
s. 20.921 (1) (a) 3., except premiums for income continuation benefits under
s. 40.62.
40.86(3)
(3) Medical expenses which are not covered under a health insurance contract.
40.87
40.87
Treatment of compensation. Any part of gross compensation that an employer places in a reimbursement account under an employe-funded reimbursement account 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 any retirement or group insurance benefit plan provided by the department.
40.87 History
History: 1987 a. 399;
1991 a. 39.
40.875
40.875
Administrative and contract costs. 40.875(1)
(1) The department shall do all of the following:
40.875(1)(a)
(a) Beginning on January 1, 1990, collect, from each state agency with employes eligible to participate in an employe-funded reimbursement account plan, a fee in an amount determined by the department to equal that state agency's share of all of the following:
40.875(1)(a)1.
1. Costs under contracts with employe-funded reimbursement account plan providers.
40.875(1)(a)2.
2. The department's administrative costs under this subchapter.
40.875(1)(b)
(b) Establish a formula, subject to approval by the board, to determine the fees charged to state agencies under
par. (a).
40.875(1)(c)
(c) Establish procedures for collecting the fees charged under
par. (a).
40.875(1)(d)
(d) Collect forfeitures from employe-funded reimbursement accounts, under the terms of contracts with employe-funded reimbursement account plan providers or with employes.
40.875(1)(e)
(e) Deposit fees collected under
par. (a), forfeitures collected under
par. (d) and interest earned on the fees and forfeitures in the fund, credited to the account established under
s. 40.04 (9m) (a) to pay costs described in
par. (a) 1. and
2.
40.875(2)
(2) The department may base the fees charged under
sub. (1) (a) on estimates of anticipated administrative and contract costs.
40.875 History
History: 1989 a. 14.
HEALTH INSURANCE PREMIUM CREDITS
40.95
40.95
Health insurance premium credits.
