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2019 - 2020 LEGISLATURE
March 26, 2020 - Introduced by Representatives Brandtjen, Mursau and Schraa,
cosponsored by Senators Jacque and Kooyenga. Referred to Committee on
Rules.
AB1033,1,2 1An Act relating to: allowing certain rehired annuitants to elect to not become
2new participants in the Wisconsin Retirement System for a defined period.
Analysis by the Legislative Reference Bureau
This bill allows an annuitant under the Wisconsin Retirement System who was
a correctional officer or a protective occupation participant upon retirement to return
to a position covered by the WRS and elect to not suspend his or her annuity if all of
the following apply:
1. The annuitant is hired as a correctional officer or for a position that is in the
protective occupation participant category.
2. The annuitant is hired during period beginning on March 12, 2020 and
ending on March 11, 2021.
3. The annuitant does not have an agreement with any participating employer
to return to employment or enter into a contract to provide employee services for the
employer.
4. At least 30 days have elapsed between the annuitant's termination of
employment and the annuitant's appointment to the new position.
The bill also allows a participating employee who retired as a correctional
officer or from a protective occupation, who returned to work as a correctional officer
or to a protective occupation and was required to suspend his or her annuity, to elect
to not suspend his or her annuity during the period from March 12, 2020, to March
11, 2021.
Under current law, generally, if a WRS annuitant is appointed to a position with
a WRS-participating employer, or provides employee services to a

WRS-participating employer in which he or she is expected to work at least
two-thirds of what is considered full-time employment by the Department of
Employee Trust Funds, the annuity must be suspended and no annuity payment is
payable until after the participant again terminates covered employment.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1033,1 1Section 1. Nonstatutory provisions.
AB1033,2,22 (1) Rehired protective occupation participants and correctional officers.
AB1033,2,33 (a) As used in this section:
AB1033,2,6 41. “Annuitant" means a participant who retired either as a correctional officer
5or as a protective occupation participant and who is receiving a retirement annuity
6from the Wisconsin retirement system.
AB1033,2,7 72. “Correctional officer” has the meaning given in s. 102.475 (8) (a).
AB1033,2,8 83. “Participant” has the meaning given in s. 40.02 (45).
AB1033,2,9 94. “Participating employee” has the meaning given in s. 40.02 (46).
AB1033,2,10 105. “Participating employer” has the meaning given in s. 40.02 (47).
AB1033,2,11 116. “Protective occupation participant” has the meaning given in s. 40.02 (48).
AB1033,2,1612 (b) Notwithstanding s. 40.26, if an annuitant first returns to work in a position
13covered by the Wisconsin retirement system as a protective occupation participant
14or as a correctional officer during the period beginning on March 12, 2020, and
15ending on March 11, 2021, the annuitant may elect to not suspend his or her
16retirement annuity during that period if all of the following apply:
AB1033,2,18 171. At least 30 days have elapsed between the termination of employment with
18a participating employer and becoming a participating employee.
AB1033,3,4
12. At the time the annuitant terminates his or her employment with a
2participating employer, the annuitant does not have an agreement with any
3participating employer to return to employment or enter into a contract to provide
4employee services for the employer.
AB1033,3,105 (c) Notwithstanding s. 40.26, if an individual who was formerly an annuitant
6is a participating employee on the effective date of this paragraph as a protective
7occupation participant or as a correctional officer and was required to suspend his
8or her annuity under s. 40.26, the participating employee may elect to not suspend
9his or her annuity during the period beginning on March 12, 2020, and ending on
10March 11, 2021.
AB1033,3,1111 (End)
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