AB1038,22,221 40.26 (1m) (a) If Except as otherwise provided in sub. (6), if a participant
22receiving a retirement annuity, or a disability annuitant who has attained his or her
23normal retirement date, is employed in a position in covered employment in which
24he or she is expected to work at least two-thirds of what is considered full-time
25employment by the department, as determined under s. 40.22 (2r), the participant's

1annuity shall be suspended and no annuity payment shall be payable until after the
2participant terminates covered employment.
AB1038,9 3Section 9 . 40.26 (1m) (b) of the statutes is amended to read:
AB1038,22,114 40.26 (1m) (b) If Except as otherwise provided in sub. (6), if a participant
5receiving a retirement annuity, or a disability annuitant who has attained his or her
6normal retirement date, enters into a contract to provide employee services with a
7participating employer and he or she is expected to work at least two-thirds of what
8is considered full-time employment by the department, as determined under s. 40.22
9(2r), the participant's annuity shall be suspended and no annuity payment shall be
10payable until after the participant no longer provides employee services under the
11contract.
AB1038,10 12Section 10 . 40.26 (5) (intro.) of the statutes is amended to read:
AB1038,22,1713 40.26 (5) (intro.) If Except as otherwise provided in sub. (5m), if a participant
14applies for an annuity or lump sum payment during the period in which less than 75
15days have elapsed between the termination of employment with a participating
16employer and becoming a participating employee with any participating employer,
17all of the following shall apply:
AB1038,11 18Section 11 . 40.26 (5m) of the statutes is created to read:
AB1038,22,2319 40.26 (5m) During the public health emergency declared on March 12, 2020,
20by executive order 72, sub. (5) does not apply if at least 15 days have elapsed between
21the termination of employment with a participating employer and becoming a
22participating employee if the position for which the participant is hired is a critical
23position, as determined by the secretary of health services under s. 323.19 (3).
AB1038,12 24Section 12 . 40.26 (6) of the statutes is created to read:
AB1038,23,4
140.26 (6) A participant who is hired during the public health emergency
2declared on March 12, 2020, by executive order 72, may elect to not suspend his or
3her retirement annuity or disability annuity under sub. (1m) for the duration of the
4state of emergency if all of the following conditions are met:
AB1038,23,85 (a) At the time the participant terminates his or her employment with a
6participating employer, the participant does not have an agreement with any
7participating employer to return to employment or enter into a contract to provide
8employee services for the employer.
AB1038,23,109 (b) The position for which the participant has been hired is a critical position,
10as determined under s. 323.19 (3).
AB1038,13 11Section 13 . 40.51 (8) of the statutes is amended to read:
AB1038,23,1612 40.51 (8) Every health care coverage plan offered by the state under sub. (6)
13shall comply with ss. 631.89, 631.90, 631.93 (2), 631.95, 632.72 (2), 632.729, 632.746
14(1) to (8) and (10), 632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853,
15632.855, 632.867, 632.87 (3) to (6), 632.885, 632.89, 632.895 (5m) and (8) to (17), and
16632.896.
AB1038,14 17Section 14 . 40.51 (8m) of the statutes is amended to read:
AB1038,23,2118 40.51 (8m) Every health care coverage plan offered by the group insurance
19board under sub. (7) shall comply with ss. 631.95, 632.729, 632.746 (1) to (8) and (10),
20632.747, 632.748, 632.798, 632.83, 632.835, 632.85, 632.853, 632.855, 632.867,
21632.885, 632.89, and 632.895 (11) to (17).
AB1038,15 22Section 15 . 49.688 (1) (c) of the statutes is renumbered 49.688 (1) (c) (intro.)
23and amended to read:
AB1038,23,2424 49.688 (1) (c) (intro.) “Prescription drug" means a any of the following:
AB1038,24,3
11. A prescription drug, as defined in s. 450.01 (20), that is included in the drugs
2specified under s. 49.46 (2) (b) 6. h. and that is manufactured by a drug manufacturer
3that enters into a rebate agreement in force under sub. (6).
AB1038,16 4Section 16 . 49.688 (1) (c) 2. of the statutes is created to read:
AB1038,24,85 49.688 (1) (c) 2. A vaccination recommended for administration to adults by the
6federal centers for disease control and prevention's advisory committee on
7immunization practices and approved for administration to adults by the
8department.
AB1038,17 9Section 17 . 49.688 (10m) of the statutes is created to read:
AB1038,25,310 49.688 (10m) (a) Notwithstanding subs. (6) and (7) (a), from the appropriation
11accounts under s. 20.435 (4) (bv), (j), and (pg), except as provided under sub. (7) (b),
12the department shall, under a schedule that is identical to that used by the
13department for payment of claims under the Medical Assistance program, provide
14to health care providers who administer vaccinations, including pharmacies and
15pharmacists, payments for vaccinations, as described under sub. (1) (c) 2., that are
16administered by health care providers to persons eligible under sub. (2) who have
17paid the deductible specified under sub. (3) (b) 1. or 2., or who, under sub. (3) (b) 1.,
18are not required to pay a deductible. The reimbursement to a health care provider
19for each vaccination under this subsection shall be at the rate of payment made for
20the identical vaccination under s. 49.46 (2) (b), plus a dispensing fee that is equal to
21the dispensing fee permitted to be charged for vaccinations for which coverage is
22provided under s. 49.46 (2) (b). The department shall devise and distribute a claim
23form for use by health care providers under this subsection and may limit payment
24under this subsection to those vaccinations for which payment claims are submitted
25by health care providers directly to the department. The department may apply to

1the program under this subsection the same utilization and cost control procedures
2that apply under rules promulgated by the department to medical assistance under
3subch. IV of ch. 49.
AB1038,25,64 (b) The department may provide payment for a vaccination under this
5subsection only after deducting the amount of any payment for the vaccination
6available from other sources.
AB1038,18 7Section 18 . 60.11 (2) (b) of the statutes is renumbered 60.11 (2) (b) 1.
AB1038,19 8Section 19 . 60.11 (2) (b) 2. of the statutes is created to read:
AB1038,25,139 60.11 (2) (b) 2. The town board or, if the town board is unable to promptly meet,
10the town chair may postpone the annual town meeting to a date that is not during
11the period beginning on the first day of the public health emergency declared on
12March 12, 2020, by executive order 72, and ending 60 days after the termination of
13that order.
AB1038,20 14Section 20 . 66.0137 (4) of the statutes is amended to read:
AB1038,25,2115 66.0137 (4) Self-insured health plans. If a city, including a 1st class city, or
16a village provides health care benefits under its home rule power, or if a town
17provides health care benefits, to its officers and employees on a self-insured basis,
18the self-insured plan shall comply with ss. 49.493 (3) (d), 631.89, 631.90, 631.93 (2),
19632.729, 632.746 (10) (a) 2. and (b) 2., 632.747 (3), 632.798, 632.85, 632.853, 632.855,
20632.867, 632.87 (4) to (6), 632.885, 632.89, 632.895 (9) to (17), 632.896, and 767.513
21(4).
AB1038,21 22Section 21 . 70.47 (3) (aL) of the statutes is renumbered 70.47 (3) (aL) 1. and
23amended to read: