2007 WISCONSIN ACT
131
An Act
to renumber and amend
40.02 (8) (b) and 40.80 (2r) (b);
to amend
40.02 (8) (a) 2., 40.02 (22) (e), 40.02 (39m), 40.03 (6) (i), 40.05 (2) (b), 40.05 (2) (bu), 40.05 (2) (bv), 40.05 (2) (bw), 40.05 (2) (bz), 40.08 (1), 40.08 (3), 40.08 (4), 40.24 (1) (e), 40.25 (5) (b), 40.65 (3), 40.70 (1) (b), 40.70 (6), 40.73 (3) (e) and 40.74 (2);
to repeal and recreate
40.08 (6) (e); and
to create
40.02 (8) (b) 2., 40.08 (1r), 40.74 (6) and 40.74 (7) of the statutes;
relating to:
distribution of moneys to Wisconsin Retirement System employers under
1999 Wisconsin Act 11
; payment of interest by the Department of Employee Trust Funds on credited or refunded moneys; Wisconsin Retirement System beneficiary standard sequence; accelerated death benefit option continuation under the Wisconsin Retirement System; life insurance benefits administered by the Department of Employee Trust Funds; definition of the term Internal Revenue Code for purposes of benefit plans administered by the Department of Employee Trust Funds; interest rates charged on moneys owed the Department of Employee Trust Funds for benefit programs; payment of death benefits under the Wisconsin Retirement System; authority of the Group Insurance Board; eligibility requirements for duty disability benefit under the Wisconsin Retirement System; amortization period for unfunded prior service liability under the Wisconsin Retirement System; attachment of retirement benefits for delinquent state tax purposes; waiver of benefits under the Wisconsin Retirement System; and granting rule-making authority.
The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:
Section
1
.
40.02 (8) (a) 2. of the statutes is amended to read:
40.02
(8)
(a) 2. In the absence of a written designation of beneficiary, or if all
designated
beneficiaries
so designated
who survive the decedent
die before filing with the department
a beneficiary designation applicable to that death benefit or
an application for any death benefit payable, the person determined in the following sequence: group 1,
widow or widower
surviving spouse
; group 2, children
if at least one child survives
of
the
deceased
participant, employee or annuitant, in
which event
equal shares, with
the share of any deceased child
shall be
payable to the
surviving spouse
issue
of the child
or to the surviving children of the child if there is no spouse, or otherwise
or, if there is no surviving issue of a deceased child,
to the other eligible children in this group
or, if deceased, their issue
; group 3,
grandchild; group 4,
parent
, in equal shares if both survive
; group
5
4
, brother and sister
in equal shares and the issue of any deceased brother or sister. The shares payable to the issue of a person shall be determined per stirpes
. No payment may be made to a person included in any group if there is a living person in any preceding group
, and s. 854.04 (6) shall not apply to a determination under this subsection
.
Section
2
.
40.02 (8) (b) of the statutes is renumbered 40.02 (8) (b) (intro.) and amended to read:
40.02
(8)
(b) (intro.) "Beneficiary" does not include
a
any of the following:
1. A
person who dies before filing with the department either a beneficiary designation applicable to that death benefit or an application for any death benefit payable to the person except as otherwise provided under group 2, under par. (a) 2. If a person dies after filing a beneficiary application but before the date on which the benefit check, share draft or other draft is issued or funds are otherwise transferred, any benefit payable shall be paid in accord with the written designation of beneficiary, if any, filed with the department in connection with the application or, if none, in accord with the last designation previously filed by the person, or otherwise to the person's estate.
Section
3
.
40.02 (8) (b) 2. of the statutes is created to read:
40.02
(8)
(b) 2. For purposes of a group life insurance benefit plan under this chapter, and at the discretion of the department, an individual who is notified by the department or insurer that a benefit is payable to the individual because of the death of an insured person, who is provided with any necessary application form, and who does not then apply for the benefit within 12 months of the date of notification by the department that the benefit is payable to the individual.
Section
4
.
40.02 (22) (e) of the statutes is amended to read:
40.02
(22)
(e)
Except
For an employee serving in a position covered under and meeting the requirements of
38 USC 4301
, et. seq., except
for OASDHI purposes, means compensation
deemed to have been paid for services deemed to have been rendered while serving in a position covered under, and meeting the requirements of, 38 USC 4301, et seq., at the employee's rate of pay prior to beginning such service
determined as required under
38 USC 4318
(b) (3) and regulations adopted thereunder
, provided contributions and premiums on the
deemed earnings
compensation
are paid as required under s. 40.05.
Section
5
.
40.02 (39m) of the statutes is amended to read:
40.02
(39m)
"Internal revenue code" means the
federal
internal revenue code
under Title 26, USC
, as
defined for the current taxable year under s. 71.01 (6)
amended
, and applicable
federal
regulations adopted
under the internal revenue code
by the federal department of the treasury
, including temporary regulations.
Section
6
.
40.03 (6) (i) of the statutes is amended to read:
40.03
(6)
(i)
May
Shall
accept timely appeals of determinations made by the department affecting any right or benefit under any group insurance plan provided for under this chapter.
Section
7
.
40.05 (2) (b) of the statutes is amended to read:
40.05
(2)
(b) Contributions shall be made by each participating employer for unfunded prior service liability in a percentage of the earnings of each participating employee. A separate percentage rate shall be determined for the employee occupational categories under s. 40.23 (2m) as of the employer's effective date of participation. The rates shall be sufficient to amortize as a level percent of payroll over a period of
40
30
years from the later of that date or January 1, 1986, the unfunded prior service liability for the categories of employees of each employer determined under s. 40.05 (2) (b), 1981 stats., increased to reflect any creditable prior service granted on or after January 1, 1986, increased to reflect the effect of
1983 Wisconsin Act 141
, increased at the end of each calendar year after January 1, 1986, by interest at the assumed rate on the unpaid balance at the end of the year and adjusted under pars. (bu), (bv) and (bw).
Section
8
.
40.05 (2) (bu) of the statutes is amended to read:
40.05
(2)
(bu) The employer contribution rate determined under par. (b) for each employer shall be adjusted, if necessary, to reflect the added prior service liability of paying additional joint and survivor death benefits to beneficiaries of participating employees as a result of
1997 Wisconsin Act 58
and that rate shall be sufficient to amortize the unfunded prior service liability of the employers over the remainder of the 40-year amortization period under
par. (b)
s. 40.05 (2) (b), 2005 stats
.
Section
9
.
40.05 (2) (bv) of the statutes is amended to read:
40.05
(2)
(bv) The employer contribution rate determined under par. (b) for participating employees who served in the U.S. maritime service shall be adjusted to reflect the cost of granting creditable service under s. 40.02 (15) (a) 7. and that rate shall be sufficient to amortize the unfunded prior service liability of the employers over the remainder of the 40-year amortization period under
par. (b)
s. 40.05 (2) (b), 2005 stats
.
Section
10
.
40.05 (2) (bw) of the statutes is amended to read:
40.05
(2)
(bw) The employer contribution rate determined under par. (b) for the University of Wisconsin System shall be adjusted to reflect the cost of granting creditable service under s. 40.285 (2) (e) and that rate shall be sufficient to amortize the unfunded prior service liability of the employers over the remainder of the 40-year amortization period under
par. (b)
s. 40.05 (2) (b), 2005 stats
.
Section
11
.
40.05 (2) (bz) of the statutes is amended to read:
40.05
(2)
(bz) The employer contribution rate determined under par. (b) for the department of administration shall be adjusted to reflect the cost of granting creditable service under s. 40.02 (17) (gm) and that rate shall be sufficient to amortize the unfunded prior service liability of the department of administration over the remainder of the 40-year amortization period under
par. (b)
s. 40.05 (2) (b), 2005 stats
.
Section
12
.
40.08 (1) of the statutes is amended to read:
40.08
(1)
Exemptions.
The benefits payable to, or other rights and interests of, any member, beneficiary or distributee of any estate under any of the benefit plans administered by the department, including insurance payments, shall be exempt from any tax levied by the state or any subdivision of the state and shall not be assignable, either in law or equity, or be subject to execution, levy, attachment, garnishment or other legal process except as specifically provided in this section
; except that, notwithstanding s. 40.01 (2), the department of revenue may attach benefit payments to satisfy delinquent tax obligations. The board and any member or agent thereof and the department and any employee or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any annuity payment under this subsection
. The exemption from taxation under this section shall not apply with respect to any tax on income.
Section
13
.
40.08 (1r) of the statutes is created to read:
40.08
(1r)
Delinquent state tax obligations.
Notwithstanding sub. (1) and s. 40.01 (2), the department of revenue may attach any lump sum payment or monthly annuity paid under s. 40.23, 40.24, 40.25 (1) or (2), or 40.63 to satisfy delinquent tax obligations. The board and any member or agent thereof and the department and any employee or agent thereof are immune from civil liability for any act or omission while performing official duties relating to withholding any payment under this subsection.
Section
14
.
40.08 (3) of the statutes is amended to read:
40.08
(3)
Waivers.
Any participant, beneficiary
,
or distributee of any estate may waive, absolutely and without right of reconsideration or recovery, the right to or the payment of all or any portion of any benefit payable or to become payable under this chapter. The waiver shall be effective
on the first day of the 2nd month commencing
30 days
after it is received by the department or on the date specified in the waiver
,
if
later
earlier. The waiver may be cancelled by the participant, beneficiary, or distributee in writing before the effective date
.
Section
15
.
40.08 (4) of the statutes is amended to read:
40.08
(4)
Retention of payments.
Unless voluntarily repaid and except as limited by sub. (10), the department may retain out of any annuity or benefit an amount as the department in its discretion may determine, for the purpose of reimbursing the appropriate benefit plan accounts for a balance due under s. 40.25 (5) or for any money paid, plus interest at the
effective rate of the core annuity division
assumed rate, unless the department sets a different rate by rule
, to any person or estate, through misrepresentation, fraud, or error. Upon the request of the department any employer shall withhold from any sum payable by the employer to any person or estate and remit to the department any amount, plus interest at the
effective rate of the core annuity division
assumed rate, unless the department sets a different rate by rule
, which the department paid to the person or estate through misrepresentation, fraud, or error. Any amount, plus interest at the
effective rate
assumed rate, unless the department sets a different rate by rule
, not recovered by the department from the employer may be procured by the department by action brought against the person or estate.
Section
16
.
40.08 (6) (e) of the statutes is repealed and recreated to read:
40.08
(6)
(e) In accordance with rules promulgated by the department, and at the rate of interest established by rule, the department may credit interest on moneys refunded or credited under this subsection.
Section
17
.
40.24 (1) (e) of the statutes is amended to read:
40.24
(1)
(e) A reduced annuity payable in the normal form or any of the optional life forms provided under this section, plus a temporary annuity payable monthly but terminating with the payment payable in the month following the month in which the annuitant attains age 62
or, if earlier, on the death of the annuitant
. If the annuitant dies before the end of the final payment, the remaining payments of the temporary annuity certain shall be made to the named survivor or, if there is no living named survivor, in accordance with s. 40.73 (2) to the annuitant's beneficiary
. It is the intent of this option that so far as is practicable the amounts of the life annuity and temporary annuity shall be determined so that the annuitant's total anticipated benefits from the fund and from his or her primary OASDHI benefit will be the same each month both before and after attainment of age 62.
Section
18
.
40.25 (5) (b) of the statutes is amended to read:
40.25
(5)
(b) The full amount of the benefit paid, plus interest at the
effective rate
assumed rate, unless the department sets a different rate by rule
, shall be repaid to the Wisconsin retirement system by the employer of an employee whose rights and creditable service are reestablished under par. (a) within 60 days after the effective date of the employee's reinstatement. The amount repaid by the employer under this paragraph shall be deducted by the employer from any payment due the employee as a result of the resolution of the appeal or, if that amount is insufficient, the balance shall be deducted from the employee's earnings except the amount deducted from each earnings payment shall be not less than 10% nor more than 25% of the earnings payment. If the employee terminates employment the employer shall notify the department of the amount not yet repaid, including any interest due, at the same time it notifies the department of the termination of employment, and the department shall repay to the employer the balance of the amount due from retentions made under s. 40.08 (4). The employer may charge interest at a rate not in excess of the current year's assumed rate on any amount unpaid at the end of any calendar year after the year of reinstatement.
Section
19
.
40.65 (3) of the statutes is amended to read:
40.65
(3)
The Wisconsin retirement board shall determine the amount of each monthly benefit payable under this section and its effective date. The board shall periodically review the dollar amount of each monthly benefit and adjust it to conform with the provisions of this section. The board may request any income or benefit information, or any information concerning a person's marital status, which it considers to be necessary to implement this subsection and
shall
may
require a participant to
submit a certified
authorize the board to obtain a
copy of his or her most recent state or federal income tax return. The board may terminate the monthly benefit of any person who refuses to submit information requested by the board
, who refuses to authorize the board to obtain a copy of his or her most recent state or federal income tax return,
or who submits false information to the board.
Section
20
.
40.70 (1) (b) of the statutes is amended to read:
40.70
(1)
(b) The employee files
with the department
an application
in the manner provided by rule or contract
, to be effective on a date fixed by the department, for one or more of the types of coverage established under this subchapter. The group insurance board may provide a different method of enrollment than provided under this subsection.
Section
21
.
40.70 (6) of the statutes is amended to read:
40.70
(6)
Except as provided in sub. (7m), any employee who has not applied for coverage under sub. (1) within
6 months
the time period specified by rule or contract
after becoming eligible for coverage or any employee whose insurance terminates under sub. (8) shall not thereafter become insured for that coverage unless
prior to the attainment of age 55
the employee furnishes evidence of insurability satisfactory to the insurer, at his or her own expense. If the evidence is approved, the employee shall become insured on the first day of the first month beginning after the approval.
Section
22
.
40.73 (3) (e) of the statutes is amended to read:
40.73
(3)
(e) Any beneficiary who is eligible to receive a beneficiary annuity may elect to receive the annuity in any of the optional annuity forms provided for retirement annuities, other than
as
an annuity
under s. 40.24 (1) (c) or any annuity
payable over the joint life expectancies of the beneficiary and another person.
The number of guaranteed monthly payments available to a beneficiary may not exceed the life expectancy of the beneficiary.
Section
23
.
40.74 (2) of the statutes is amended to read:
40.74
(2)
A beneficiary of a deceased participant, annuitant, alternate payee, beneficiary, or employee may waive absolutely and without right of reconsideration or recovery all or part of any benefit payable under this chapter. The beneficiary shall then be determined as if the waiving beneficiary had died prior to the decedent except that if the person was a beneficiary under group 2 under s. 40.02 (8) (a) 2., payment shall be made as if at least one child had survived the participant, alternate payee, beneficiary, employee, or annuitant. Unless the department receives the beneficiary's written request to cancel the waiver before the date on which it would otherwise become effective, the waiver shall be effective
on the first day of the 2nd month commencing
30 days
after it is received by the department or the date specified in the waiver, if
later
earlier. The waiver may be cancelled by the beneficiary in writing before the effective date
. A waiver received after the effective date on which a beneficiary has commenced a monthly annuity under s. 40.73 (2) or (3) shall apply to monthly payments payable after the effective date of the waiver. Payment shall be subject to the restrictions specified in s. 40.73 (2) (b).
Section
24
.
40.74 (6) of the statutes is created to read:
40.74
(6)
Any potential primary beneficiary under s. 40.02 (8) who cannot be located by reasonable efforts within 12 months after the later of the date of death of the participant or the date on which the department determines the person, trust, or estate initially became a potential primary beneficiary may be treated as a beneficiary that predeceased the participant and all other potential beneficiaries.
Section
25
.
40.74 (7) of the statutes is created to read:
40.74
(7)
A trust that does not exist on the date of the participant's death or an estate not opened or reopened within 12 months after the department determines the estate initially became a potential primary beneficiary under s. 40.02 (8) may be treated as a beneficiary that predeceased the participant and all other potential beneficiaries.
Section
26
.
40.80 (2r) (b) of the statutes is renumbered 40.08 (1r) and amended to read:
40.08
(1r)
Notwithstanding
s. 40.08
sub.
(1), a participant's accumulated assets held in an account in the deferred compensation plan established under
this subchapter
subch. VII
may be divided
, in the manner provided by the deferred compensation board and under s. 40.80 (2r),
pursuant to a domestic relations order
, as defined under s. 40.80 (2r) (a)
.
Section
27
.
Nonstatutory provisions.
(1)
Distribution of moneys from reserve established under
1999 Wisconsin Act 11
.
Notwithstanding the requirement under
1999 Wisconsin Act 11
, section
27
(1) (b)
, that the employee trust funds board make deductions on a monthly basis from employers' credit balances, the board shall distribute all remaining moneys in the reserve established under
1999 Wisconsin Act 11
, section
27 (1) (b)
, before January 1, 2009.
Section
28
.
Initial applicability.
(1) The treatment of section 40.05 (2) (b) of the statutes first applies to unfunded prior service liabilities under the Wisconsin Retirement System that are incurred on the effective date of this subsection.
(2) The treatment of section 40.24 (1) (e) of the statutes first applies to annuities that became effective on the effective date of this subsection.
Section
29
.
Effective dates.
This act takes effect on the day after publication, except as follows:
(1) The treatment of section 40.24 (1) (e) of the statutes and
Section
28 (2) of this act take effect on the first day of the 3rd month after publication.
