AB68: Bill Text

AB68,651,3 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person who qualifies as a participating employee shall be included within, and shall be subject to, the Wisconsin retirement system effective on one of the following dates:

AB68,722 Section 722 . 40.23 (1) (bm) of the statutes is amended to read:

AB68,651,11 40.23 (1) (bm) If an application by a participant age 55 or over, or by a protective occupation participant age 50 or over, for long-term disability insurance benefits under s. 40.64 is disapproved under rules promulgated by the department, the date which would have been the effective date for the insurance benefits shall be is the retirement annuity effective date if requested by the applicant within 60 days of the disapproval or, if the disapproval is appealed, within 60 days of the final disposition of the appeal.

AB68,723 Section 723. 40.26 (7) of the statutes is created to read:

AB68,651,18 40.26 (7) Subsections (1) to (5) do not apply to a participant who applies for an annuity or lump sum payment during the period in which at least 15 days have elapsed between the participant's termination of employment as a teacher with a school district that is a participating employer and becoming a teacher as an employee or contractor providing employee services with any school district that is a participating employer if all of the following conditions are met:

AB68,651,22 (a) At the time the participant terminates his or her employment as a teacher with a school district, the participant does not have an agreement with any school district that is a participating employer to return to employment as a teacher or enter into a contract to provide employee services as a teacher for the school district.

AB68,651,24 (b) The participant elects on a form provided by the department to not become a participating employee.

AB68,724 Section 724 . 40.27 (2) (d) of the statutes is repealed.

AB68,725 Section 725. 40.51 (2m) (a) of the statutes is repealed.

AB68,726 Section 726. 40.51 (2m) (b) of the statutes is renumbered 40.51 (2m) and amended to read:

AB68,652,7 40.51 (2m) If an eligible employee is divorced or was a domestic partner in a dissolved domestic partnership, the eligible employee may not enroll a new spouse or domestic partner in a group health insurance plan under this subchapter until 6 months have elapsed since the date of the divorce or dissolved domestic partnership.

AB68,727 Section 727. 40.51 (7) (a) of the statutes is amended to read:

AB68,652,20 40.51 (7) (a) Any employer, other than the state, including an employer that is not a participating employer, may offer to all of its employees a health care coverage plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (4) and 40.52 (1), the department may by rule establish different eligibility standards or contribution requirements for such employees and employers. Beginning on January 1, 2012, except as otherwise provided in a collective bargaining agreement under subch. IV of ch. 111 that covers public safety employees or transit employees and except as provided in par. (b), an employer may not offer a health care coverage plan to its employees under this subsection if the employer pays more than 88 percent of the average premium cost of plans offered in any tier with the lowest employee premium cost under this subsection.

AB68,728 Section 728 . 40.51 (8) of the statutes is amended to read:

AB68,653,2 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

AB68,729 Section 729 . 40.51 (8) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 728, is amended to read:

AB68,653,9 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.728, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.862, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

AB68,730 Section 730 . 40.51 (8) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 729, is amended to read:

AB68,653,16 40.51 (8) Every health care coverage plan offered by the state under sub. (6) shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.728, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.87 (3) to (6), 632.871, 632.885, 632.89, 632.895 (5m) and (8) to (17), and 632.896.

AB68,731 Section 731 . 40.51 (8m) of the statutes is amended to read:

AB68,653,21 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.862, 632.867, 632.871, 632.885, 632.89, and 632.895 (11) to (17).

AB68,732 Section 732 . 40.51 (8m) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 731, is amended to read:

AB68,654,2 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.728, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.862, 632.867, 632.871, 632.885, 632.89, and 632.895 (11) (8) and (10) to (17).

AB68,733 Section 733 . 40.51 (8m) of the statutes, as affected by 2021 Wisconsin Act .... (this act), section 732, is amended to read:

AB68,654,8 40.51 (8m) Every health care coverage plan offered by the group insurance board under sub. (7) shall comply with ss. 631.95, 632.728, 632.729, 632.746 (1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.861, 632.862, 632.867, 632.871, 632.885, 632.89, and 632.895 (8) and (10) to (17).

AB68,734 Section 734 . 40.51 (15m) of the statutes is repealed.

AB68,735 Section 735. 40.513 (3) (b) of the statutes is amended to read:

AB68,654,12 40.513 (3) (b) The employee's spouse or domestic partner is receiving health care coverage under s. 40.51 (6).

AB68,736 Section 736. 40.52 (2) of the statutes is amended to read:

AB68,655,2 40.52 (2) Health insurance benefits under this subchapter shall be integrated, with exceptions determined appropriate by the group insurance board, with benefits under federal plans for hospital and health care for the aged and disabled. Exclusions and limitations with respect to benefits and different rates may be established for persons eligible under federal plans for hospital and health care for the aged and disabled in recognition of the utilization by persons within the age limits eligible under the federal program. The plan may include special provisions for spouses, domestic partners, and other dependents covered under a plan established under this subchapter where one spouse or domestic partner is eligible under federal plans for hospital and health care for the aged but the others are not eligible because of age or other reasons. As part of the integration, the department may, out of premiums collected under s. 40.05 (4), pay premiums for the federal health insurance.

AB68,737 Section 737. 40.55 (1) of the statutes is amended to read:

AB68,655,10 40.55 (1) Except as provided in sub. (5), the state shall offer, through the group insurance board, to eligible employees under s. 40.02 (25) (bm) and to state annuitants long-term care insurance policies which have been filed with the office of the commissioner of insurance and which have been approved for offering under contracts established by the group insurance board. The state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse, domestic partner, or parent.

AB68,738 Section 738 . 40.61 (2) of the statutes is amended to read:

AB68,656,3 40.61 (2) Except as provided in sub. (4), any an eligible employee may become covered by income continuation insurance by electing coverage within 30 days of initial eligibility, to be effective as of the first day of the month that first occurs during the 30-day period, or by electing coverage within 60 days of initially becoming eligible for a higher level of employer contribution towards the premium cost to be effective as of the first day of the month following the date of eligibility for teachers employed by the university and effective as of the following April 1 for all other employees. Any An employee who does not so elect at one of these times, or who subsequently cancels the insurance, may not thereafter become insured unless the employee furnishes evidence of insurability under the terms of the contract, or as otherwise provided by rule for employees under sub. (3), at the employee's own expense or obtains coverage subject to contractual waiting periods if contractual waiting periods are provided for by the contract or by rule for employees under sub. (3). An employee who furnishes satisfactory evidence of insurability under the terms of the contract shall become insured as of the first day of the month following the date of approval of evidence. The method to be used shall be determined by the group insurance board under sub. (1).

AB68,739 Section 739 . 40.61 (3) of the statutes is amended to read:

AB68,656,11 40.61 (3) Any An employer under s. 40.02 (28), other than the state, may offer to all of its employees an a group income continuation insurance plan through a program offered by the group insurance board. Notwithstanding sub. (2) and ss. 40.05 (5) and 40.62, the department may by rule establish different eligibility standards or contribution requirements for such those employees and employers and may by rule limit the categories of employers which that may be included as participating employers under this subchapter.

AB68,740 Section 740. 40.62 (1) of the statutes is amended to read:

AB68,656,20 40.62 (1) The group insurance board shall establish an a group income continuation insurance plan providing for full or partial payment of the financial loss of earnings incurred as a result of injury or illness with separate provisions for short-term insurance with a benefit duration of no more than one year and long-term insurance covering injury or illness of indefinite duration. Employees An employee insured under the plan shall be eligible for benefits upon exhaustion of accumulated sick leave and completion of the elimination period established by the group insurance board.

AB68,741 Section 741 . 40.63 (5) of the statutes is amended to read:

AB68,657,15 40.63 (5) The department shall make a report based on the evidence prescribed in subs. (1) to (4) as to whether a disability benefit shall be granted and the department shall submit the report to the teachers retirement board for teacher participants and to the Wisconsin retirement board for participants other than teachers. A copy of the report and notice of the date that the report was presented, or will be presented, to the appropriate board and the board's name, shall be mailed to the applicant and to the applicant's former employer. Either the applicant or the employer may request a hearing under s. 227.44 to contest the department's determination by filing a timely appeal with the appropriate board. If a request for a hearing is not timely filed, and the appropriate board does not disapprove the department's determination or request additional information within the time allowed for filing appeals, the report shall be final. If the board requests additional information, the report shall be final 30 days after the board's receipt of the requested information unless the board disapproves the report. If the report is disapproved, notice of the board's action shall be sent to the applicant and the applicant's former employer. Either the applicant or the employer may contest the board's action by submitting a written request for a hearing under s. 227.44 to the appropriate board within 30 days following the date on which the notice of the board's action was mailed to the applicant or the employer.

AB68,742 Section 742 . 40.63 (9) (d) of the statutes is amended to read:

AB68,658,5 40.63 (9) (d) If the department terminates a disability annuity under this subsection, the department shall make a report which shall include the department's determination and the reasons for the determination. The department shall submit the report to the teachers retirement board for teacher participants and to the Wisconsin retirement board for participants other than teachers. A copy of the report and notice of the date that the report was presented, or will be presented, to the appropriate board, and the board's name, shall be mailed to the affected annuitant. An annuitant may request a hearing under s. 227.44 to contest the department's determination by filing a timely appeal with the appropriate board. If a request for a hearing is not timely filed, and the appropriate board does not disapprove the department's determination or request additional information within the time allowed for filing appeals, the report shall be final. If the board requests additional information, the report shall be final 30 days after the board's receipt of the requested information unless the board disapproves the department's determination.

AB68,743 Section 743 . 40.64 of the statutes is created to read:

AB68,658,8 40.64 Long-term disability insurance coverage. The board may establish a long-term disability insurance plan.

AB68,744 Section 744 . 40.65 (3) of the statutes is amended to read:

AB68,658,20 40.65 (3) The Wisconsin retirement board shall determine the amount of each monthly benefit payable under this section and its effective date. The board shall periodically review the dollar amount of each monthly benefit and adjust it to conform with the provisions of this section. The board may request any income or benefit information, or any information concerning a person's marital status, which it considers to be necessary to implement this subsection and may require a participant to authorize the board to obtain a copy of his or her most recent state or federal income tax return. The board may terminate the monthly benefit of any person who refuses to submit information requested by the board, who refuses to authorize the board to obtain a copy of his or her most recent state or federal income tax return, or who submits false information to the board.

AB68,745 Section 745 . 40.65 (5) (b) (intro.) of the statutes is amended to read:

AB68,659,5 40.65 (5) (b) (intro.) The Wisconsin retirement board shall reduce the amount of a participant's monthly benefit under this section by the amounts under subds. 1. to 6., except that the board may determine not to reduce a participant's benefit because of income related to therapy or rehabilitation. The Wisconsin retirement board may assume that any benefit or amount listed under subds. 1. to 6. is payable to a participant until it is determined to the board's satisfaction that the participant is ineligible to receive the benefit or amount, except that the department shall withhold an amount equal to 5 percent of the monthly benefit under this section until the amount payable under subd. 3. is determined.

AB68,746 Section 746 . 40.65 (6) (intro.) of the statutes is amended to read:

AB68,659,9 40.65 (6) (intro.) The Wisconsin retirement board shall adjust the monthly salary of every participant receiving a benefit under this section using the salary index for the previous calendar year as follows:

AB68,747 Section 747. 40.65 (7) (am) 1. of the statutes is amended to read:

AB68,659,18 40.65 (7) (am) 1. To the surviving spouse or surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership on the date that the participant was disabled under sub. (4), 50 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB68,748 Section 748. 40.65 (7) (am) 1g. of the statutes is repealed.

AB68,749 Section 749. 40.65 (7) (am) 1m. of the statutes is repealed.

AB68,750 Section 750. 40.65 (7) (am) 3. of the statutes is amended to read:

AB68,659,25 40.65 (7) (am) 3. The total monthly amount paid under subds. 1., 1g., 1m., and 2. may not exceed 70 percent of the participant's monthly salary at the time of death reduced by any amounts under sub. (5) (b) 1. to 6. that relate to the participant's work record.

AB68,751 Section 751. 40.65 (7) (ar) 1. a. of the statutes is amended to read:

AB68,660,9 40.65 (7) (ar) 1. a. To the surviving spouse or the surviving domestic partner until the surviving spouse remarries, or the surviving domestic partner enters into a new domestic partnership or marries, if the surviving spouse was married to the participant on the date that the participant was disabled under sub. (4), or the surviving domestic partner was in a domestic partnership with the participant on the date that the participant was disabled under sub. (4), 70 percent of the participant's monthly salary at the time of death, but reduced by any amount payable under sub. (5) (b) 1. to 6.

AB68,752 Section 752. 40.65 (7) (ar) 1. ag. of the statutes is repealed.

AB68,753 Section 753. 40.65 (7) (ar) 1. am. of the statutes is repealed.

AB68,754 Section 754. 40.80 (2r) (a) 1. of the statutes is amended to read:

AB68,660,14 40.80 (2r) (a) 1. Relates to a marriage or domestic partnership that terminated after December 1, 2001.

AB68,755 Section 755. 40.80 (2r) (a) 2. of the statutes is amended to read:

AB68,660,19 40.80 (2r) (a) 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.

AB68,756 Section 756. 41.53 (1) (k) of the statutes is created to read:

AB68,661,2 41.53 (1) (k) From the appropriation under s. 20.380 (3) (cm), provide a grant to a Native American artist through the program described in par. (fm) for the design, production, and installation of a permanent marker on the University of Wisconsin–Stevens Point campus in recognition of the Native Americans who died due to a scarlet fever epidemic. Notwithstanding pars. (f) and (fm), a grantee may receive funds distributed as a grant under this paragraph regardless of whether the grantee has provided at least 50 percent of the estimated total cost of the project.

AB68,757 Section 757. 42.105 (1) of the statutes is renumbered 42.105.

AB68,758 Section 758. 42.105 (2) of the statutes is repealed.

AB68,759 Section 759 . 45.01 (6) (c) of the statutes is amended to read:

AB68,661,8 45.01 (6) (c) The biological natural or adoptive parent or a person who acts in the place of a parent and who has so acted for not less than 12 months prior to the veteran's entrance into active service.

AB68,760 Section 760. 45.20 (2) (a) 1. of the statutes is amended to read:

AB68,661,16 45.20 (2) (a) 1. The department shall administer a tuition reimbursement program for eligible veterans enrolling as undergraduates in any institution of higher education in this state, enrolling in a school that is approved under s. 45.03 (11), enrolling in a proprietary school that is approved under s. 440.52, enrolling in a public or private high school, enrolling in a tribal school, as defined in s. 115.001 (15m), in any grade from 9 to 12, or receiving a waiver of nonresident tuition under s. 36.27 (2r) or 39.47.

AB68,761 Section 761. 45.20 (2) (c) 1. of the statutes is amended to read:

AB68,662,5 45.20 (2) (c) 1. A veteran who meets the eligibility requirements under par. (b) 1. may be reimbursed upon satisfactory completion of an undergraduate semester in any institution of higher education in this state, or upon satisfactory completion of a course at any school that is approved under s. 45.03 (11), any proprietary school that is approved under s. 440.52, any public or private high school, any tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or any institution from which the veteran receives a waiver of nonresident tuition under s. 36.27 (2r) or 39.47. Except as provided in par. (e), the amount of reimbursement may not exceed the total cost of the veteran's tuition minus any grants or scholarships that the veteran receives specifically for the payment of the tuition, or, if the tuition is for an undergraduate semester in any institution of higher education, the standard cost of tuition for a state resident for an equivalent undergraduate semester at the University of Wisconsin-Madison, whichever is less.

AB68,762 Section 762. 45.20 (2) (d) 1. (intro.) of the statutes is amended to read:

AB68,662,13 45.20 (2) (d) 1. (intro.) Subject to subd. 1m., a veteran's eligibility for reimbursement under this subsection at any institution of higher education in this state, at a school that is approved under s. 45.03 (11), at a proprietary school that is approved under s. 440.52, at a public or private high school, at a tribal school, as defined in s. 115.001 (15m), that operates any grade from 9 to 12, or at an institution where he or she is receiving a waiver of nonresident tuition under s. 36.27 (2r) or 39.47 is limited to the following:

AB68,763 Section 763. 45.48 (1m) of the statutes is created to read:

AB68,662,20 45.48 (1m) The department shall expend at least $100,000 annually under sub. (1) to promote suicide prevention and awareness by providing outreach, mental health services, and support to individuals who are members of a traditionally underserved population, including minority groups and individuals who reside in rural areas of the state. The department may enter contracts to provide services under this subsection.

AB68,764 Section 764 . 45.51 (3) (c) 2. of the statutes is amended to read:

AB68,662,23 45.51 (3) (c) 2. The department may deviate from this sequence upon order of the board to prevent the separation of a husband and wife spouses.

AB68,765 Section 765 . 45.51 (5) (a) 1. b. of the statutes is amended to read:

AB68,663,4 45.51 (5) (a) 1. b. Was married to the person under sub. (2) (a) 1. or 2. at the time the person entered the service and who became a widow or widower surviving spouse by the death of the person while in the service or as a result of physical disability of the person incurred during the service.

AB68,766 Section 766 . 45.51 (5) (a) 1. c. of the statutes is amended to read: