40.01 (2) Purpose.
The public employee trust fund is a public trust and shall 21
be managed, administered, invested and otherwise dealt with solely for the purpose 22
of ensuring the fulfillment at the lowest possible cost of the benefit commitments to 23
participants, as set forth in this chapter, and shall not be used for any other purpose. 24
Revenues collected for and balances in the accounts of a specific benefit plan shall 25
be used only for the purposes of that benefit plan, including amounts allocated under
s. 20.515 (1) (um) or (ut) or
40.04 (2), and shall not be used for the purposes of any 2
other benefit plan. Each member of the employee trust funds board shall be a trustee 3
of the fund and the fund shall be administered by the department of employee trust 4
funds. All statutes relating to the fund shall be construed liberally in furtherance 5
of the purposes set forth in this section.
40.03 (1) (cm) of the statutes is created to read:
(cm) Shall appoint an internal auditor. The internal auditor shall 8
report directly to the board.
40.03 (1) (i) of the statutes is amended to read:
(i) May determine that some or all of the disability annuities and 11
death benefits provided from the Wisconsin retirement system shall instead be 12
provided through group insurance plans to be established by the group insurance
either as separate plans or as integral parts of the group life and income 14
continuation insurance plans established under this chapter.
40.03 (1) (p) of the statutes is amended to read:
(p) May, upon the recommendation of the actuary, transfer in whole 17
or in part the assets and reserves held in any account described in s. 40.04 (9) to a 18
different account described in s. 40.04 (9), for the purpose of providing any group 19
insurance benefit offered by the group insurance board
40.03 (1) (q) of the statutes is created to read:
(q) For the purpose of the group income continuation insurance plan 22
established under ss. 40.61 and 40.62 and the group long-term disability insurance 23
plan established under s. 40.64:
1. May, on behalf of the state, enter into a contract or contracts with one or more 2
insurers authorized to transact insurance business in this state for the purpose of 3
providing the plans.
2. May, wholly or partially in lieu of subd. 1., on behalf of the state, provide the 5
plans on a self-insured basis.
3. May take any action as trustees that is considered advisable and not 7
specifically prohibited or delegated to some other governmental agency to carry out 8
the purpose and intent of the plans.
4. May apportion all excess moneys becoming available to the board through 10
operation of the plans to reduce premium payments in following contract years or to 11
establish reserves to stabilize costs in subsequent years. If the board determines 12
that the excess became available due to favorable experience of specific groups of 13
employers or specific employee groups, the board may make the apportionment in 14
a manner designated to benefit the specific employers or employee groups only, or to 15
a greater extent than other employers and employee groups.
5. Shall take prompt action to liquidate any actuarial or cash deficit that occurs 17
in the accounts and reserves maintained in the fund for the plans.
6. Shall accept timely appeals of determinations made by the department 19
affecting any right or benefit under the plans.
40.03 (2) (i) of the statutes is amended to read:
(i) Shall Except as provided under pars. (ig) and (ir), shall
promulgate, 22with the approval of the board,
all rules, except rules promulgated under par. (ig) or
that are required for the efficient administration of the fund or of any of the 24
benefit plans established by this chapter. In addition to being approved by the board, 25and shall promulgate rules as necessary for a long-term disability insurance plan
1established under s. 40.64. All rules promulgated under this paragraph are subject
2to board approval under sub. (1) (m). Except rules promulgated under s. 40.30 (6),
rules promulgated under this paragraph relating to teachers
must be approved 4are subject to approval
by the teachers retirement board and under sub. (7) (d).
5Except rules promulgated under s. 40.30 (6), the
rules promulgated under this 6
paragraph relating to participants other than teachers must be approved are subject
by the Wisconsin retirement board, except rules promulgated under s.
840.30 under sub. (8) (d)
40.03 (2) (ig) of the statutes is amended to read:
(ig) Shall promulgate, with the approval of the group insurance board, 11
all rules required for the administration of the group health, long-term care, income
or life insurance plans established under subchs. IV to and
VI and 13
health savings accounts under subch. IV.
40.03 (2) (x) of the statutes is repealed.
40.03 (6) (intro.) of the statutes is amended to read:
40.03 (6) Group insurance board.
(intro.) The With respect to the group
17insurance plans provided for by this chapter other than the group income
18continuation insurance plan established under ss. 40.61 and 40.62 and the group
19long-term disability insurance plan established under s. 40.64, the
group insurance 20
40.03 (6) (a) 1. of the statutes is amended to read:
(a) 1. Except as provided in par. (m), shall, on behalf of the state, enter 23
into a contract or contracts with one or more insurers authorized to transact 24
insurance business in this state for the purpose of providing the group insurance 25
plans provided for by this chapter; or.
40.03 (6) (d) (intro.) of the statutes is amended to read:
(d) (intro.) May take any action as trustees which that
is deemed 3considered
advisable and not specifically prohibited or delegated to some other 4
to carry out the purpose and intent of the group insurance 5
plans provided under this chapter
, including, but not limited to, provisions in the 6
appropriate contracts relating to:
40.03 (6) (i) of the statutes is amended to read:
(i) Shall accept timely appeals of determinations made by the 9
department affecting any right or benefit under any
group insurance plan
10provided for under this chapter plans that are overseen by the group insurance
40.03 (6) (n) of the statutes is created to read:
(n) Notwithstanding par. (L), may contract with any entity to provide 14
health and wellness services to any individual who is covered under a group health 15
insurance plan under subch. IV at health clinics that are established within state 16
40.04 (2) (a) of the statutes is amended to read:
(a) An administrative account shall be maintained within the fund 19
from which administrative costs of the department shall be paid, except charges for 20
services performed by the investment board, costs of medical and vocational
21evaluations used in determinations of eligibility for benefits under ss. 40.61, 40.63
22and 40.65 and costs of contracting for insurance data collection and analysis services
23under s. 40.03 (6) (j)
40.04 (2) (e) of the statutes is repealed.
40.22 (1) of the statutes is amended to read:
Except as provided in sub. (2)
and s. 40.26 (6)
, each employee 2
currently in the service of, and receiving earnings from, a state agency or other 3
participating employer shall be included within the provisions of the Wisconsin 4
retirement system as a participating employee of that state agency or participating 5
40.22 (2m) (intro.) of the statutes is amended to read:
(intro.) An Except as otherwise provided in s. 40.26 (6), an
who was a participating employee before July 1, 2011, who is not expected to work 9
at least one-third of what is considered full-time employment by the department, 10
as determined by rule, and who is not otherwise excluded under sub. (2) from 11
becoming a participating employee shall become a participating employee if he or she 12
is subsequently employed by the state agency or other participating employer for 13
either of the following periods:
40.22 (2r) (intro.) of the statutes is amended to read:
(intro.) An Except as otherwise provided in s. 40.26 (6), an
who was not a participating employee before July 1, 2011, who is not expected to work 17
at least two-thirds of what is considered full-time employment by the department, 18
as determined by rule, and who is not otherwise excluded under sub. (2) from 19
becoming a participating employee shall become a participating employee if he or she 20
is subsequently employed by the state agency or other participating employer for 21
either of the following periods:
40.22 (3) (intro.) of the statutes is amended to read:
(intro.) A Except as otherwise provided in s. 40.26 (6), a
person who 24
qualifies as a participating employee shall be included within, and shall be subject 25
to, the Wisconsin retirement system effective on one of the following dates:
40.23 (1) (bm) of the statutes is amended to read:
(bm) If an application by a participant age 55 or over, or by a protective 3
occupation participant age 50 or over, for long-term disability insurance benefits 4under s. 40.64
is disapproved under rules promulgated by the department, the date 5which that
would have been the effective date for the insurance benefits shall be is 6
the retirement annuity effective date if requested by the applicant within 60 days of 7
the disapproval or, if the disapproval is appealed, within 60 days of the final 8
disposition of the appeal.
40.26 (6) (intro.), (a) and (b) of the statutes are created to read:
(intro.) Subsections (1) to (5) do not apply to a participant who applies 11
for an annuity or lump sum payment during the period in which at least 30 days have 12
elapsed between the participant's termination of employment as a teacher with a 13
school district that is a participating employer, and becoming a teacher as an 14
employee or contractor providing employee services as a teacher with any school 15
district that is a participating employer if all of the following conditions are met:
(a) At the time the participant terminates his or her employment as a teacher 17
with a school district, the participant does not have an agreement with any school 18
district that is a participating employer to return to employment as a teacher or enter 19
into a contract to provide employee services as a teacher for the school district.
(b) The participant elects on a form provided by the department to not become 21
a participating employee.
40.51 (8) of the statutes is amended to read:
Every health care coverage plan offered by the state under sub. (6) 24
shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2),
(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,
632.855, 632.867, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17), and 2
40.51 (8m) of the statutes is amended to read:
Every health care coverage plan offered by the group insurance 5
board under sub. (7) shall comply with ss. 631.95, 632.728,
632.746 (1) to (8) and (10), 6
632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867, 7
632.885, 632.89, and 632.895 (11) (8) and (10)
40.513 (3) (a) of the statutes is amended to read:
(a) The employee was eligible for an employer contribution under 10
s. 40.05 (4) (ag) during the 2015 calendar year and elected not to receive health care 11
coverage in that calendar year or in any succeeding calendar year
40.61 (3) of the statutes is amended to read:
40.61 (3) Any An
employer under s. 40.02 (28), other than the state, may offer 14
to all of its employees an a group
income continuation insurance plan through a 15
program offered by the group insurance
board. Notwithstanding sub. (2) and ss. 16
40.05 (5) and 40.62, the department may by rule establish different eligibility 17
standards or contribution requirements for such
employees and employers and 18
may by rule limit the categories of employers which
may be included as 19
participating employers under this subchapter.
40.62 (1) of the statutes is amended to read:
The group insurance
board shall establish an a group
continuation insurance plan providing for full or partial payment of the financial loss 23
of earnings incurred as a result of injury or illness with separate provisions for 24
short-term insurance with a benefit duration of no more than one year and 25
long-term insurance covering injury or illness of indefinite duration.
insured under the plan shall be is
eligible for benefits upon exhaustion of 2
accumulated sick leave and completion of the elimination period established by the 3group insurance
40.64 of the statutes is created to read:
540.64 Long-term disability insurance coverage.
The board may establish 6
a group long-term disability insurance plan.
40.65 (2) (a) of the statutes is amended to read:
(a) This paragraph applies to participants who first apply for benefits 9
before May 3, 1988. Any person desiring a benefit under this section must apply to 10
the department of workforce development, which department shall determine 11
whether the applicant is eligible to receive the benefit and the participant's monthly 12
salary. Appeals from the eligibility decision shall follow the procedures under ss. 13
102.16 to 102.26. If it is determined that an applicant is eligible, the department of 14
workforce development shall notify the department of employee trust funds and 15
shall certify the applicant's monthly salary. If at the time of application for benefits 16
an applicant is still employed in any capacity by the employer in whose employ the 17
disabling injury occurred or disease was contracted, that continued employment 18
shall not affect that applicant's right to have his or her eligibility to receive those 19
benefits determined in proceedings before the division of hearings and appeals in the
20department of administration department of workforce development
or the labor and 21
industry review commission or in proceedings in the courts. The department of 22
workforce development may promulgate rules needed to administer this paragraph.
40.65 (2) (b) 3. of the statutes is amended to read:
(b) 3. The department shall determine whether or not the applicant 25
is eligible for benefits under this section on the basis of the evidence in subd. 2. An
applicant may appeal a determination under this subdivision to the division of
2hearings and appeals in the department of administration department of workforce
40.65 (2) (b) 4. of the statutes is amended to read:
(b) 4. In hearing an appeal under subd. 3., the division of hearings and
6appeals in the department of administration department of workforce development 7
shall follow the procedures under ss. 102.16 to 102.26.
41.51 of the statutes is renumbered 41.51 (intro.) and amended 9
(intro.) In this subchapter, unless the context requires
means the arts board.
41.51 (2) of the statutes is created to read:
“State building" means a permanent structure normally occupied by 15
state employees that is wholly or partially enclosed and that is used for performing 16
or facilitating the performance of the functions of a state agency as defined in s. 17
41.51 (3) of the statutes is created to read:
“Work of art" means an original creation of visual art or a reproduction 20
of an original creation of visual art if the reproduction is controlled by the artist of 21
the original work as part of a limited edition.
41.58 of the statutes is created to read:
2341.58 Art in state buildings. (1) Applicability
. This section does not apply 24
to any of the following:
(a) A contract for the construction, reconstruction, remodeling of, or addition 2
to a state building if the total construction cost of the project is $250,000 or less.
(b) A state building or space within a state building that is not open to the 4
general public in its normal use.
(c) Game farms, fish hatcheries, nurseries, and other production facilities 6
operated by the department of natural resources.
7(2) Minimum expenditure required
. (a) Except as provided in par. (b), at least 8
two-tenths of 1 percent of the appropriation for the construction, reconstruction, 9
remodeling of, or addition to a state building shall be expended to acquire one or more 10
works of art to be incorporated into the state building or to be displayed in or on the 11
grounds of the state building, and to fund all administrative costs that the board 12
incurs in acquiring the works of art.
(b) If a state building to which this section applies is located contiguous to other 14
state buildings, the board, after reviewing the recommendations of the advisory 15
committee appointed under sub. (3), may apply the funds set aside under par. (a) to 16
the acquisition, including all associated administrative costs, of one or more works 17
of art to be incorporated into one or more of the contiguous buildings or to be 18
displayed in or on the grounds of one or more of the contiguous buildings.
19(3) Advisory committee
. (a) For a building project requiring an expenditure 20
under sub. (2) and after selection of the architect for the project, the board shall 21
appoint an advisory committee for the purpose of reviewing and recommending one 22
or more works of art to be incorporated into the state building or displayed in or on 23
the grounds of the state building.
(b) The advisory committee shall consist of at least 5 members appointed by the 25
board, including all of the following:
1. One member who is a member of the board.
2. At least 2 members who are artists, art educators, art administrators, 3
museum directors or curators, art critics, or art collectors.
3. At least 2 members who are project managers, architects, users of the 5
building, or members of the building commission.
6(4) Contracts with artists
. (a) After reviewing the recommendations of the 7
advisory committee appointed under sub. (3) with respect to a particular building 8
project, the board shall select one or more works of art recommended by the advisory 9
committee to be incorporated into the project. The board shall ensure that the 10
aggregate of all works of art selected under this subsection represents a wide variety 11
of art forms executed by the broadest feasible diversity of artists, except that the 12
board shall give preference to the works of art of artists who are residents of this 13
(b) 1. The board shall contract for the procurement of each work of art selected 15
for a building project under this section. Except as provided in subds. 2. and 3., each 16
contract shall provide for sole ownership of the work of art to the state.
2. If a work of art selected for a building project under this section is an existing 18
work of art and is no longer subject to the control of the artist originating the work 19
of art, the contract shall assign sole ownership to the state, subject to any existing 20
obligations of the owner to the originating artist.