This bill creates an exception to this requirement for an annuitant who retired
from employment as a teacher with a school district who is subsequently rehired or
provides employee services as a teacher after retirement if 1) the participating
employer is a school district; 2) at least 30 days have elapsed from the date the person
left covered employment with a school district; 3) at the time the person initially
retires from a school district, the person does not have an agreement with any school
district to return to employment; and 4) the person elects to not become a
participating employee at the time the person is rehired as a teacher by a school
district or enters into a contract to provide employee services as a teacher after
retirement. In other words, the bill allows a teacher annuitant who retired from a
school district to return to work as a teacher for a school district that is a
participating employer and elect to not become a participating employee for purposes
of the WRS, and instead continue to receive his or her annuity.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB821-ASA1,1
1Section 1
. 20.005 (3) (schedule) of the statutes: at the appropriate place, insert
2the following amounts for the purposes indicated:
-
See PDF for table SB821-ASA1,2
3Section
2. 20.255 (1) (kt) of the statutes is created to read:
SB821-ASA1,6,8
120.255
(1) (kt)
Tribal language revitalization grant program operations. The
2amounts in the schedule to pay operational and administrative costs incurred by the
3Great Lakes Inter-Tribal Council, Inc., to implement and administer the tribal
4language revitalization grant programs under s. 115.745. All moneys transferred
5from the appropriation account under s. 20.505 (8) (hm) 5m. shall be credited to this
6appropriation account. Notwithstanding s. 20.001 (3) (a), the unencumbered
7balance on June 30 of each year shall revert to the appropriation account under s.
820.505 (8) (hm).
SB821-ASA1,3
9Section 3
. 20.255 (2) (ac) of the statutes is amended to read:
SB821-ASA1,6,1510
20.255
(2) (ac)
General equalization aids. The amounts in the schedule A sum
11sufficient for the payment of educational aids under ss. 121.08, 121.09, 121.095,
12121.105,
and 121.137 and subch. VI of ch. 121
equal to the amount determined by the
13joint committee on finance under s. 121.15 (3m) (c) in the 2020-21 fiscal year and
14biennially thereafter, and equal to the amount determined by law in the 2021-22
15fiscal year and biennially thereafter.
SB821-ASA1,4
16Section
4. 20.255 (2) (bd) of the statutes is amended to read:
SB821-ASA1,6,1817
20.255
(2) (bd)
Additional special education aid. The amounts in the schedule
18for A sum sufficient for the payment of aid under s. 115.881.
SB821-ASA1,5
19Section
5. 20.255 (2) (da) of the statutes is amended to read:
SB821-ASA1,6,2220
20.255
(2) (da)
Aid for school mental health programs. The amounts in the
21schedule for aid to
school districts and independent charter schools employ, hire, and
22retain pupil services professionals under s. 115.364.
SB821-ASA1,6
23Section
6. 20.255 (2) (dj) of the statutes is amended to read:
SB821-ASA1,7,3
120.255
(2) (dj)
Summer school
programs; grants; urban school districts
. The
2amounts in the schedule for grants to school
boards
districts for summer school
grant 3programs under s. 115.447.
SB821-ASA1,7
4Section
7. 20.505 (8) (hm) 5m. of the statutes is created to read:
SB821-ASA1,7,65
20.505
(8) (hm) 5m. The amount transferred to s. 20.255 (1) (kt) shall be the
6amount in the schedule under s. 20.255 (1) (kt).
SB821-ASA1,8
7Section 8
. 40.22 (1) of the statutes is amended to read:
SB821-ASA1,7,128
40.22
(1) Except as provided in sub. (2)
and s. 40.26 (6), each employee
9currently in the service of, and receiving earnings from, a state agency or other
10participating employer shall be included within the provisions of the Wisconsin
11retirement system as a participating employee of that state agency or participating
12employer.
SB821-ASA1,9
13Section 9
. 40.22 (2m) (intro.) of the statutes is amended to read:
SB821-ASA1,7,2014
40.22
(2m) (intro.)
An Except as otherwise provided in s. 40.26 (6), an employee
15who was a participating employee before July 1, 2011, who is not expected to work
16at least one-third of what is considered full-time employment by the department,
17as determined by rule, and who is not otherwise excluded under sub. (2) from
18becoming a participating employee shall become a participating employee if he or she
19is subsequently employed by the state agency or other participating employer for
20either of the following periods:
SB821-ASA1,10
21Section 10
. 40.22 (2r) (intro.) of the statutes is amended to read:
SB821-ASA1,8,322
40.22
(2r) (intro.)
An Except as otherwise provided in s. 40.26 (6), an employee
23who was not a participating employee before July 1, 2011, who is not expected to work
24at least two-thirds of what is considered full-time employment by the department,
25as determined by rule, and who is not otherwise excluded under sub. (2) from
1becoming a participating employee shall become a participating employee if he or she
2is subsequently employed by the state agency or other participating employer for
3either of the following periods:
SB821-ASA1,11
4Section 11
. 40.22 (3) (intro.) of the statutes is amended to read:
SB821-ASA1,8,75
40.22
(3) (intro.)
A Except as otherwise provided in s. 40.26 (6), a person who
6qualifies as a participating employee shall be included within, and shall be subject
7to, the Wisconsin retirement system effective on one of the following dates:
SB821-ASA1,12
8Section 12
. 40.26 (6) (intro.), (a) and (b) of the statutes are created to read:
SB821-ASA1,8,149
40.26
(6) (intro.) Subsections (1) to (5) do not apply to a participant who applies
10for an annuity or lump sum payment during the period in which at least 30 days have
11elapsed between the participant's termination of employment as a teacher with a
12school district that is a participating employer, and becoming a teacher as an
13employee or contractor providing employee services as a teacher with any school
14district that is a participating employer if all of the following conditions are met:
SB821-ASA1,8,1815
(a) At the time the participant terminates his or her employment as a teacher
16with a school district, the participant does not have an agreement with any school
17district that is a participating employer to return to employment as a teacher or enter
18into a contract to provide employee services as a teacher for the school district.
SB821-ASA1,8,2019
(b) The participant elects on a form provided by the department to not become
20a participating employee.
SB821-ASA1,13
21Section
13. 115.364 (1) (a) of the statutes is amended to read: