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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-AA2,1,11 At the locations indicated, amend the bill as follows:
AB975-AA2,1,3 21. Page 1, line 2: delete the material beginning with “substitute" and ending
3with “Instruction" on line 3 and substitute “rehired annuitant teachers”.
AB975-AA2,1,5 42. Page 2, line 1: delete the material beginning with “Section 1." and ending
5with “permit." on page 3, line 3, and substitute:
AB975-AA2,1,6 6 Section 1. 40.22 (1) of the statutes is amended to read:
AB975-AA2,1,117 40.22 (1) Except as otherwise provided in sub. (2) and s. 40.26 (6) and (7), each
8employee currently in the service of, and receiving earnings from, a state agency or
9other participating employer shall be included within the provisions of the Wisconsin
10retirement system as a participating employee of that state agency or participating
11employer.
AB975-AA2,2 12Section 2. 40.22 (2m) (intro.) of the statutes is amended to read:
AB975-AA2,2,7
140.22 (2m) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
2employee who was a participating employee before July 1, 2011, who is not expected
3to work at least one-third of what is considered full-time employment by the
4department, as determined by rule, and who is not otherwise excluded under sub. (2)
5from becoming a participating employee shall become a participating employee if he
6or she is subsequently employed by the state agency or other participating employer
7for either of the following periods:
AB975-AA2,3 8Section 3. 40.22 (2r) (intro.) of the statutes is amended to read:
AB975-AA2,2,159 40.22 (2r) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), an
10employee who was not a participating employee before July 1, 2011, who is not
11expected to work at least two-thirds of what is considered full-time employment by
12the department, as determined by rule, and who is not otherwise excluded under sub.
13(2) from becoming a participating employee shall become a participating employee
14if he or she is subsequently employed by the state agency or other participating
15employer for either of the following periods:
AB975-AA2,4 16Section 4. 40.22 (3) (intro.) of the statutes is amended to read:
AB975-AA2,2,1917 40.22 (3) (intro.) Except as otherwise provided in s. 40.26 (6) and (7), a person
18who qualifies as a participating employee shall be included within, and shall be
19subject to, the Wisconsin retirement system effective on one of the following dates:
AB975-AA2,5 20Section 5. 40.26 (7) of the statutes is created to read:
AB975-AA2,3,221 40.26 (7) Subsections (1) to (5) do not apply to a participant who applies for an
22annuity or lump sum payment during the period in which at least 30 days have
23elapsed between the participant's termination of employment as a teacher with a
24school district that is a participating employer and becoming a teacher as an

1employee or contractor providing employee services with any school district that is
2a participating employer if all of the following conditions are met:
AB975-AA2,3,63 (a) At the time the participant terminates his or her employment as a teacher
4with a school district, the participant does not have an agreement with any school
5district that is a participating employer to return to employment as a teacher or enter
6into a contract to provide employee services as a teacher for the school district.
AB975-AA2,3,87 (b) The participant elects on a form provided by the department to not become
8a participating employee.
AB975-AA2,6 9Section 6. Initial applicability.
AB975-AA2,3,1310 (1) Rehired teacher annuitants. The treatment of s. 40.26 (7) first applies to
11participating employees under the Wisconsin Retirement System who terminate
12covered employment under the Wisconsin Retirement System on the effective date
13of this subsection.”.
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