AB487,5,14 103.08 Application-based drivers; portable benefits accounts. (1) Definitions. In this section:

AB487,5,15 (a) “Application-based driver” has the meaning given in s. 102.01 (2) (ae).

AB487,5,16 (b) “Delivery network company” has the meaning given in s. 102.01 (2) (an).

AB487,5,22 (c) “Earnings” means all moneys paid directly to an application-based driver, including incentives and bonuses, by a delivery network company or a transportation network company, or remitted to the application-based driver from a payment facilitated by a delivery network company or transportation network company, but not including amounts charged for fees, taxes, or other similar charges. “ Earnings” does not include any payments for gratuities.

AB487,6,2 (d) “Eligible driver” means an application-based driver whose earnings from an individual delivery network company or transportation network company totaled at least $750, without combining earnings from delivery and rideshare services provided through the same company, during a calendar quarter.

AB487,6,4 (e) “Network company” means a delivery network company or a transportation network company.

AB487,6,7 (f) “Portable benefit account” means an account from which an individual may withdraw money for a permissible use under sub. (3) that is administered by a portable benefit account provider.

AB487,6,10 (g) “Portable benefit account provider” means a financial institution or other person authorized under s. 224.55 (3) to offer and administer portable benefit accounts.

AB487,6,11 (h) “Transportation network company” has the meaning given in s. 440.40 (6).

AB487,6,14 (2) Contributions. (a) A network company may contribute to a portable benefit account of an eligible driver a percentage of an eligible driver's earnings in the preceding calendar quarter that the driver earned through that company.

AB487,6,18 (b) A network company may allow an eligible driver to elect to contribute to the eligible driver's portable benefit account, and may deduct the amount elected by the eligible driver from the individual's earnings and designate such amount for contribution to the portable benefit account.

AB487,6,20 (3) Qualifying events. An eligible driver who has money in a portable benefit account may receive a distribution of amounts for any of the following:

AB487,6,23 (a) To compensate for lost income due to an illness or accident of the driver, loss of work due to the birth or adoption of a child of the driver, or loss of work due to a declared federal or local state of emergency.

AB487,6,24 (b) To transfer the money to an individual retirement account.

AB487,6,25 (c) To pay premiums for health insurance coverage in the individual market.

AB487,7,4 (4) Eligibility duration. An eligible driver shall remain an eligible driver of the delivery network company or transportation network company for 2 calendar quarters following the initial quarter of eligibility, regardless of the amount of earnings the application-based driver has during those 2 quarters.

AB487,11 Section 11. 104.01 (2) (b) 6. of the statutes is created to read:

AB487,7,6 104.01 (2) (b) 6. An individual excluded under s. 102.07 (8) (bs).

AB487,12 Section 12. 108.02 (12) (a) of the statutes is amended to read:

AB487,7,10 108.02 (12) (a) “Employee" means any individual who is or has been performing services for pay for an employing unit, whether or not the individual is paid directly by the employing unit, except as provided in par. (bm), (c), (d), (dm), or (dn), or (ds).

AB487,13 Section 13. 108.02 (12) (ds) of the statutes is created to read:

AB487,7,14 108.02 (12) (ds) Paragraph (a) does not apply to an individual who is performing services for an employing unit other than a government unit, an Indian tribe, or a nonprofit organization and who is excluded under s. 102.07 (8) (bs).

AB487,14 Section 14. 224.55 of the statutes is created to read:

AB487,7,16 224.55 Portable benefit accounts. (1) In this section:

AB487,7,17 (a) “Eligible driver” has the meaning given in s. 103.08 (1) (d).

AB487,7,18 (b) “Financial institution” has the meaning given in s. 214.01 (1) (jn).

AB487,7,19 (c) “Portable benefit account” has the meaning given in s. 103.08 (1) (f).

AB487,7,20 (d) “Qualifying event” means an event described in s. 103.08 (3) (a).

AB487,8,2 (2) A financial institution or other person may request approval from the department to offer portable benefit accounts. If the financial institution or other person demonstrates to the satisfaction of the department that the manner in which the financial institution or other person will administer the portable benefit account will be consistent with s. 103.08 (2) and (3), and the financial institution or other person satisfies any applicable rule under sub. (5), the department shall approve the request.