Amendment AA1-SB70

SB70-AA1,53,23 121. Page 374, line 11: after that line insert:

SB70-AA1,53,24 “ Section 80 . 40.04 (3) (a) of the statutes is amended to read:

SB70-AA1,54,9 40.04 (3) (a) The net gain or loss of the variable retirement investment trust shall be distributed annually on December 31 to each participating account in the same ratio as each account's average daily balance within the respective trust bears to the total average daily balance of all participating accounts in the trust. The amount to be distributed shall be the excess of the increase within the period in the value of the assets of the trust resulting from income from the investments of the trust and from the sale or appreciation in value of any investment of the trust, over the decrease within the period in the value of the assets resulting from the sale or the depreciation in value of any investments of the trust.

SB70-AA1,81 Section 81 . 40.04 (3) (am) 3. (intro.) of the statutes is amended to read:

SB70-AA1,54,15 40.04 (3) (am) 3. (intro.) Annually, on December 31, the sum of all of the following shall be distributed from the market recognition account to each participating account in the core retirement investment trust in the same ratio as each account's average daily balance bears to the total average daily balance of all participating accounts in the trust:”.

SB70-AA1,54,16 122. Page 374, line 11: after that line insert:

SB70-AA1,54,17 “ Section 82. 40.02 (8) (b) 3. of the statutes is repealed.

SB70-AA1,83 Section 83. 40.02 (21d) (intro.) of the statutes is amended to read:

SB70-AA1,54,21 40.02 (21d) (intro.) “Domestic partnership" means a relationship between 2 individuals, who submitted an affidavit of domestic partnership to the department before September 23, 2017, that satisfies all of the following:

SB70-AA1,84 Section 84. 40.51 (2m) (a) of the statutes is repealed.

SB70-AA1,85 Section 85. 40.51 (2m) (b) of the statutes is renumbered 40.51 (2m) and amended to read:

SB70-AA1,55,4 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.

SB70-AA1,86 Section 86. 40.513 (3) (b) of the statutes is amended to read:

SB70-AA1,55,7 40.513 (3) (b) The employee's spouse or domestic partner is receiving health care coverage under s. 40.51 (6).

SB70-AA1,87 Section 87. 40.52 (2) of the statutes is amended to read:

SB70-AA1,55,21 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.

SB70-AA1,88 Section 88. 40.55 (1) of the statutes is amended to read:

SB70-AA1,56,4 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.

SB70-AA1,89 Section 89. 40.65 (7) (am) 1. of the statutes is amended to read:

SB70-AA1,56,13 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.

SB70-AA1,90 Section 90. 40.65 (7) (am) 1g. of the statutes is repealed.

SB70-AA1,91 Section 91. 40.65 (7) (am) 1m. of the statutes is repealed.

SB70-AA1,92 Section 92. 40.65 (7) (am) 3. of the statutes is amended to read:

SB70-AA1,56,20 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.

SB70-AA1,93 Section 93. 40.65 (7) (ar) 1. a. of the statutes is amended to read:

SB70-AA1,57,4 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.

SB70-AA1,94 Section 94. 40.65 (7) (ar) 1. ag. of the statutes is repealed.

SB70-AA1,95 Section 95. 40.65 (7) (ar) 1. am. of the statutes is repealed.

SB70-AA1,96 Section 96. 40.80 (2r) (a) 1. of the statutes is amended to read:

SB70-AA1,57,9 40.80 (2r) (a) 1. Relates to a marriage or domestic partnership that terminated after December 1, 2001.

SB70-AA1,97 Section 97. 40.80 (2r) (a) 2. of the statutes is amended to read:

SB70-AA1,57,14 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.

SB70-AA1,9313 Section 9313. Initial applicability; Employee Trust Funds.

SB70-AA1,57,18 (1) Deferred compensation; domestic partners. The treatment of s. 40.02 (8) (b) 3. first applies to benefits paid to a surviving domestic partner of a participant who dies on the effective date of this subsection.

SB70-AA1,57,21 (2) Duty disability death benefits; domestic partners. The treatment of s. 40.65 (7) (am) 1. and (ar) 1. a. first applies to a surviving domestic partner of a participant who dies on the effective date of this subsection.”.

SB70-AA1,57,22 123. Page 374, line 11: after that line insert:

SB70-AA1,57,23 “ Section 98. 40.22 (1) of the statutes is amended to read:

SB70-AA1,58,5 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) (1), each employee currently in the service of, and receiving earnings from, a state agency or other participating employer shall be included within the provisions of the Wisconsin retirement system as a participating employee of that state agency or participating employer.

SB70-AA1,99 Section 99. 40.22 (2) (L) of the statutes is amended to read:

SB70-AA1,58,9 40.22 (2) (L) The employee is employed by a participating employer after the person becomes an annuitant, unless the service is after the annuity is suspended by the election of the employee under s. 40.26.

SB70-AA1,100 Section 100. 40.22 (2m) (intro.) of the statutes is amended to read:

SB70-AA1,58,17 40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) (1), an employee who was a participating employee before July 1, 2011, who is not expected to work at least one-third of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

SB70-AA1,101 Section 101. 40.22 (2r) (intro.) of the statutes is amended to read:

SB70-AA1,58,25 40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) (1), an employee who was not a participating employee before July 1, 2011, who is not expected to work at least two-thirds of what is considered full-time employment by the department, as determined by rule, and who is not otherwise excluded under sub. (2) from becoming a participating employee shall become a participating employee if he or she is subsequently employed by the state agency or other participating employer for either of the following periods:

SB70-AA1,102 Section 102. 40.22 (3) (intro.) of the statutes is amended to read:

SB70-AA1,59,4 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) (1), 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:

SB70-AA1,103 Section 103. 40.26 (1) of the statutes is amended to read:

SB70-AA1,59,14 40.26 (1) Except as provided in sub. (1m) and ss. 40.05 (2) (g) 2. and 40.23 (1) (am), if a participant receiving a retirement annuity, or a disability annuitant who has attained his or her normal retirement date, receives earnings that are subject to s. 40.05 (1) or that would be subject to s. 40.05 (1) except for the exclusion specified in s. 40.22 (2) (L), the annuity shall be suspended, including any amount provided by additional contributions, and no annuity payment shall be payable after the month in which the participant files with the department a written election to be included within the provisions of the Wisconsin retirement system as a participating employee.

SB70-AA1,104 Section 104. 40.26 (1m) of the statutes is repealed.

SB70-AA1,105 Section 105. 40.26 (2) (intro.) of the statutes is amended to read:

SB70-AA1,59,19 40.26 (2) (intro.) Upon suspension of an annuity under sub. (1) or (1m), the retirement account of the participant whose annuity is so suspended shall be established on the following basis:

SB70-AA1,106 Section 106. 40.26 (5) (intro.) of the statutes is amended to read:

SB70-AA1,59,25 40.26 (5) (intro.) Except as otherwise provided in sub. (5m), if If a participant applies for an annuity or lump sum payment during the period in which less than 75 30 days have elapsed between the termination of employment with a participating employer and becoming a participating employee with any participating employer, all of the following shall apply:

SB70-AA1,107 Section 107. 40.26 (5m) of the statutes is repealed.

SB70-AA1,108 Section 108. 40.26 (6) of the statutes is repealed.

SB70-AA1,109 Section 109. 323.19 (3) and (4) of the statutes are repealed.

SB70-AA1,9113 Section 9113. Nonstatutory provisions; Employee Trust Funds.

SB70-AA1,60,11 (1) Election to continue annuity suspension. No later than 60 days after the effective date of this subsection, if an individual who is employed by a covered employer under the Wisconsin Retirement System has his or her annuity suspended under s. 40.26 (1m), 2021 stats., on the effective date of this subsection and wants to continue the suspension, the individual shall notify the department of employee trust funds on a form provided by the department. An election to continue the suspension is irrevocable.”.

SB70-AA1,60,12 124. Page 374, line 11: after that line insert:

SB70-AA1,60,13 “ Section 9113. Nonstatutory provisions; Employee Trust Funds.

SB70-AA1,60,17 (1) 2025-27 biennial budget request. In submitting information under s. 16.42 for purposes of the 2025-27 biennial budget bill, the department of employee trust funds shall include a request for funding for the modernization of the department's pension administration system.”.

SB70-AA1,60,18 125. Page 374, line 11: after that line insert:

SB70-AA1,60,19 “ Section 110. 230.12 (9m) of the statutes is created to read:

SB70-AA1,60,20 230.12 (9m) Paid family and medical leave. (a) Definitions. In this subsection:

SB70-AA1,60,22 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 3.

SB70-AA1,61,2 2. “Medical leave” means leave from employment when an employee has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment.

SB70-AA1,61,3 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

SB70-AA1,61,11 (b) Program. The administrator shall develop and recommend to the joint committee on employment relations a program, administered by the division, that provides paid family and medical leave for 12 weeks per year to employees whose compensation is established under this section or s. 20.923 (2) or (3) but does not include employees of the Board of Regents of the University of Wisconsin System. The approval process for the program is the same as that provided under sub. (3) (b), and, if approved, the program shall be incorporated into the compensation plan under sub. (1).

SB70-AA1,61,13 (c) Rules. The administrator may promulgate rules to implement the family and medical leave program under par. (b).

SB70-AA1,9101 Section 9101. Nonstatutory provisions; Administration.

SB70-AA1,61,18 (1k) Paid family and medical leave. If the paid family and medical leave program under s. 230.12 (9m) is approved by the joint committee on employment relations, it shall go into effect immediately upon approval by the joint committee on employment relations.

SB70-AA1,9147 Section 9147. Nonstatutory provisions; University of Wisconsin System.

SB70-AA1,61,21 (1k) Paid family and medical leave.

SB70-AA1,61,22 (a) Definitions. In this subsection:

SB70-AA1,61,24 1. “Family leave” means leave from employment for a reason specified in s. 103.10 (3) (b) 1. to 3.

SB70-AA1,62,4 2. “Medical leave” means leave from employment when an employee has a serious health condition that makes the employee unable to perform his or her employment duties, or makes the employee unable to perform the duties of any suitable employment.

SB70-AA1,62,5 3. “Serious health condition” has the meaning given in s. 103.10 (1) (g).

SB70-AA1,62,11 (b) Program plan. The Board of Regents of the University of Wisconsin System shall submit to the administrator of the division of personnel management in the department of administration, with its recommendations for adjustments to compensation and employee benefits for employees of the system under s. 230.12 (3) (e) 1. for 2023-25, a plan for a program to provide paid family and medical leave for 12 weeks annually to employees of the system.”.

SB70-AA1,62,12 126. Page 374, line 11: after that line insert:

SB70-AA1,62,14 “ Section 111. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert the following amounts for the purposes indicated: - See PDF for table - See PDF for table

SB70-AA1,112 Section 112. 16.75 (1p) of the statutes is repealed.

SB70-AA1,113 Section 113. 16.765 (1) of the statutes is amended to read:

SB70-AA1,64,7 16.765 (1) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, as defined in s. 111.32 (13m), gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin and, except with respect to sexual orientation, gender expression, and gender identity, obligating the contractor to take affirmative action to ensure equal employment opportunities.

SB70-AA1,114 Section 114. 16.765 (2) of the statutes is amended to read:

SB70-AA1,65,2 16.765 (2) Contracting agencies, the University of Wisconsin Hospitals and Clinics Authority, the Fox River Navigational System Authority, the Wisconsin Aerospace Authority, the Lower Fox River Remediation Authority, the Wisconsin Economic Development Corporation, and the Bradley Center Sports and Entertainment Corporation shall include the following provision in every contract executed by them: “In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, as defined in s. 51.01 (5), sexual orientation, gender expression, as defined in s. 111.32 (7j), gender identity, as defined in s. 111.32 (7k), or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, gender expression, and gender identity, the contractor further agrees to take affirmative action to ensure equal employment opportunities. The contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the nondiscrimination clause". clause.”

SB70-AA1,115 Section 115. 16.855 (1p) of the statutes is repealed.

SB70-AA1,116 Section 116. 19.36 (12) of the statutes is created to read:

SB70-AA1,65,14 19.36 (12) Information relating to certain employees. Unless access is specifically authorized or required by statute, an authority may not provide access to a record prepared or provided by an employer performing work on a project to which s. 66.0903, 103.49, or 103.50 applies, or on which the employer is otherwise required to pay prevailing wages, if that record contains the name or other personally identifiable information relating to an employee of that employer, unless the employee authorizes the authority to provide access to that information. In this subsection, “personally identifiable information" does not include an employee's work classification, hours of work, or wage or benefit payments received for work on such a project.

SB70-AA1,117 Section 117. 20.445 (1) (bj) of the statutes is created to read: