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LRB-1359/1
FFK:jld
2017 - 2018 LEGISLATURE
January 12, 2017 - Introduced by Representative Ott, by request of Department
of Employee Trust Funds. Referred to Committee on Judiciary.
AB8,1,5 1An Act to amend 40.23 (1) (am) 2. of the statutes; relating to: allowing a
2protective occupation participant who is at least age 50 and who is a part-time
3elected official to waive future Wisconsin Retirement System participation
4(suggested as remedial legislation by the Department of Employee Trust
5Funds).
Analysis by the Legislative Reference Bureau
This bill allows a protective occupation participant in the Wisconsin
Retirement System who is at least 50 years of age, which is the minimum retirement
age for a protective occupation participant, and who is also a part-time elected
official to waive further participation in the WRS for his or her current and future
service as a part-time elected official, after he or she terminates all of his or her other
covered employment. The waiver allows the protective occupation participant to
receive a retirement benefit while he or she is serving as a part-time elected official.
Under current law, a WRS participant who is at least 55 years of age, which is the
minimum retirement age for a participant who is not a protective occupation
participant, and who is also a part-time elected official is allowed to waive

participation in the WRS for his or her current and future service as a part-time
elected official after he or she terminates all of his or her other covered employment.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB8,1 1Section 1. 40.23 (1) (am) 2. of the statutes is amended to read:
AB8,2,152 40.23 (1) (am) 2. Any participant who has attained age 55 and who is a
3participant because of employment other than part-time service as an elected official
4and who is also a participating employee because of part-time service as an elected
5official and any protective occupation participant who has attained age 50 and who
6is also a participating employee because of part-time service as an elected official

7may, after termination of all covered employment other than service as a part-time
8elected official, waive further participation under the fund for his or her current, and
9any future, part-time service as an elected official. Any election under this
10paragraph is irrevocable and is effective beginning the day after the date of election.
11Notwithstanding par. (a), any participant who elects under this paragraph may
12receive a retirement annuity for all service under the fund credited to the participant
13to the date he or she elects. The date a participant elects under this paragraph is
14deemed to be the date of separation from the last participating employer by which
15that participant was employed.
AB8,2,1616 (End)
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