Amendment AA2-AB975

LRBa1389/1

MIM:emw

2021 - 2022 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 975

February 22, 2022 - Offered by Representatives Pope, Emerson, B. Meyers, Anderson, Baldeh, Billings, Brostoff, Conley, Considine, Goyke, Haywood, Hebl, Hintz, Hong, McGuire, Neubauer, Ohnstad, S. Rodriguez, Shankland, Shelton, Sinicki, Snodgrass, Spreitzer, Subeck, Vining and Vruwink.

AB975-AA2,1,1 At the locations indicated, amend the bill as follows:

AB975-AA2,1,3 1. Page 1, line 2: delete the material beginning with “substitute" and ending with “Instruction" on line 3 and substitute “rehired annuitant teachers”.

AB975-AA2,1,5 2. Page 2, line 1: delete the material beginning with “Section 1." and ending with “permit." on page 3, line 3, and substitute:

AB975-AA2,1,6 “ Section 1. 40.22 (1) of the statutes is amended to read:

AB975-AA2,1,11 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), 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.

AB975-AA2,2 Section 2. 40.22 (2m) (intro.) of the statutes is amended to read:

AB975-AA2,2,7 40.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), 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:

AB975-AA2,3 Section 3. 40.22 (2r) (intro.) of the statutes is amended to read:

AB975-AA2,2,15 40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), 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:

AB975-AA2,4 Section 4. 40.22 (3) (intro.) of the statutes is amended to read:

AB975-AA2,2,19 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:

AB975-AA2,5 Section 5. 40.26 (7) of the statutes is created to read:

AB975-AA2,3,2 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 30 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:

AB975-AA2,3,6 (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.

AB975-AA2,3,8 (b) The participant elects on a form provided by the department to not become a participating employee.

AB975-AA2,6 Section 6. Initial applicability.

AB975-AA2,3,13 (1) Rehired teacher annuitants. The treatment of s. 40.26 (7) first applies to participating employees under the Wisconsin Retirement System who terminate covered employment under the Wisconsin Retirement System on the effective date of this subsection.”.

AB975-AA2,3,14 (End)