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 employees.
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 employee 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(2)(g)
(g) Serve as trustee of any deferred compensation plan established under this section, hold the assets and income of the plan in trust for the exclusive benefit of the employees who participate in the plan and their beneficiaries, and maintain the plan as an eligible deferred compensation plan, as defined in
26 USC 457 (b), and as a governmental plan for eligible employers, as defined in
26 USC 457 (e) (1) (A).
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 employees in addition to the deferred compensation plans offered by deferred compensation providers selected and contracted with under
sub. (2).
40.80(2r)(a)(a) In this subsection, "domestic relations order" means a judgment, decree, or order issued by a court pursuant to a domestic relations law of any state or territory of the United States that does all of the following:
40.80(2r)(a)1.
1. Relates to a marriage that terminated after December 1, 2001.
40.80(2r)(a)2.
2. Assigns all or part of a participant's accumulated assets held in a deferred compensation plan under this subchapter to a spouse, former spouse, domestic partner, former domestic partner, child, or other dependent to satisfy a family support or marital property obligation.
40.80(2r)(a)3.
3. Names the deferred compensation plan established under this subchapter and is submitted to the deferred compensation plan provider selected under
sub. (1).
40.80(2r)(a)4.
4. Satisfies the requirements established by the deferred compensation board under
par. (c).
40.80(2r)(c)
(c) The deferred compensation board shall prescribe the requirements for a domestic relations order and the administrative procedure for dividing an account in the deferred compensation plan established under this subchapter. The requirements shall be included in any deferred compensation plan and trust document approved by the deferred compensation board.
40.80(2r)(d)
(d) The deferred compensation board and any member or agent thereof, the department and any employee or agent thereof, and the deferred compensation plan provider selected under
sub. (1) are immune from civil liability for all of the following:
40.80(2r)(d)1.
1. Any act or omission while performing official duties relating to implementing a domestic relations order under this subsection.
40.80(2r)(d)2.
2. Any act or omission of a participant with respect to the participant's account under a deferred compensation plan, including specifically any deferral or investment election or distribution, during the period that begins on the day on which the participant's marriage is terminated by a court and ends on the day on which his or her account is divided pursuant to a domestic relations order.
40.80(2t)
(2t) The deferred compensation board may require a deferred compensation plan under this subchapter, upon election by a participant who is a public safety officer, to allow for the deduction of insurance premiums for health or long-term care insurance coverage from an amount distributed from a participant's account and for the payment of the premiums directly to an insurer.
40.80(3)
(3) Any action taken under this section shall apply to employees covered by a collective bargaining agreement under
subch. V of ch. 111.
40.80 Cross-reference
Cross-reference: See also s.
ETF 70.01, Wis. adm. code.
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 employees 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 employees shall make it available to all of its employees 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 employees 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 employee 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 that is withheld under a deferred compensation plan contract between an employer and an employee 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.
40.82(3)
(3) Each deferred compensation plan under this subchapter shall be maintained and administered as an eligible deferred compensation plan, as defined in section
457 of the Internal Revenue Code, and shall meet the requirements of section
401 (a) (37) of the Internal Revenue Code.
40.82(4)(a)(a) Beginning on December 31, 2008, a participating employee who is receiving differential wage payments shall be considered as having terminated covered employment during any period in which the person is performing service in the uniformed services, as defined in
38 USC 4303, on active duty for a period of more than 30 days, for purposes of receiving a distribution under section
457 (d) (1) (A) (ii) of the Internal Revenue Code.
40.82(4)(b)
(b) A person who is described under
par. (a) and who elects to receive a distribution may not subsequently make an elective deferral or employee contribution into a deferred compensation plan during the 6-month period following the distribution.
EMPLOYEE-FUNDED REIMBURSEMENT
ACCOUNTS
40.85
40.85
Employee-funded reimbursement account plan. 40.85(1)(1) The board shall select and contract with employee-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 employee-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 employee-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 employee to establish an employee-funded reimbursement account.
40.85(2)(e)
(e) Require as a condition of the contractual agreements entered into under this section that approved employee-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 employee-funded reimbursement account plan providers reimburse the department, to be credited to the administrative account of the public employee trust fund under
s. 40.04 (2) (c), for administrative costs incurred by the department in connection with employee-funded reimbursement account plans.
40.85(2)(g)
(g) Deposit into the appropriate accounts established under
s. 40.04 (9m) (a) that part of an employee's gross compensation that the employee wants placed in each employee-funded reimbursement account.
40.86
40.86
Covered expenses. An employee-funded reimbursement account plan may provide reimbursement to an employee for only the following expenses that are actually incurred and paid by an employee 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 employee.
40.86(2)
(2) The employee'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.
40.86(4)
(4) Transportation expenses authorized under section
132 of the Internal Revenue Code.
40.87
40.87
Treatment of compensation. Any part of gross compensation that an employer places in a reimbursement account under an employee-funded reimbursement account plan established under this subchapter which would have been treated as current earnings or wages if paid immediately to the employee 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 employees eligible to participate in an employee-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 employee-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 employee-funded reimbursement accounts, under the terms of contracts with employee-funded reimbursement account plan providers or with employees.
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. 40.95(1)(a)(a) Subject to
sub. (2), the department shall administer a program that provides health insurance premium credits for the purchase of health insurance for a retired employee, or the retired employee's surviving insured dependents; for an eligible employee under
s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents; for an employee who is laid off, but who is not on a temporary, school year, seasonal, or sessional layoff, and his or her surviving insured dependents; and for the surviving insured dependents of an employee who dies while employed by the state, for the benefit of an eligible employee whose compensation includes such health insurance premium credits and who satisfies at least one of the following:
40.95(1)(a)2.
2. The employee has his or her compensation established in a collective bargaining agreement under
subch. V of ch. 111.
40.95(1)(a)3.
3. The employee has his or her compensation established in a collective bargaining agreement under
subch. I of ch. 111 and the employee is employed by the University of Wisconsin Hospitals and Clinics Authority.
40.95(1)(b)
(b) The health insurance premium credits shall be based on the employee's years of continuous service, accumulated unused sick leave and any other factor specified as part of the employee's compensation.
40.95(2)
(2) The department is not required to administer any program that provides health insurance premium credits for the purchase of health insurance for a retired employee, or the retired employee's surviving insured dependents; for an eligible employee under
s. 40.02 (25) (b) 6e., or the eligible employee's surviving insured dependents; for an employee who is laid off, but who is not on a temporary, school year, seasonal, or sessional layoff, and his or her surviving insured dependents; and for the surviving insured dependents of an employee who dies while employed by the state, if the department determines that the program does not conform to the program approved by the joint committee on employment relations under
s. 230.12 (9).
