rehired annuitants

Wisconsin Legislature: AB376: Bill Text

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AB376: Bill Text

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2025 - 2026 LEGISLATURE
LRB-4115/1
MIM:cjs
2025 ASSEMBLY BILL 376
July 17, 2025 - Introduced by Representatives
Mayadev
,
Anderson
,
Bare
,
Clancy
,
DeSmidt
,
Fitzgerald
,
Joers
,
Johnson
,
Madison
,
Miresse
,
Neubauer
,
Palmeri
,
Phelps
,
Roe
,
Sheehan
,
Snodgrass
,
Stroud
,
Tenorio
and
Udell
, cosponsored by Senators
Roys
,
Habush Sinykin
,
Hesselbein
,
L. Johnson
,
Keyeski
,
Ratcliff
and
Larson
. Referred to Committee on State Affairs.
AB376,1,4
1
An Act

to repeal
40.26 (1m), 40.26 (5m), 40.26 (6) and 323.19 (3) and (4);
to
2
amend
40.22 (1), 40.22 (2) (L), 40.22 (2m) (intro.), 40.22 (2r) (intro.), 40.22 (3)
3
(intro.), 40.26 (1), 40.26 (2) (intro.) and 40.26 (5) (intro.) of the statutes;
4
relating to:
rehired annuitants.
Analysis by the Legislative Reference Bureau
Under current law, if a Wisconsin Retirement System annuitant, or a disability annuitant who has attained his or her normal retirement date, 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.
This bill removes the requirement that an annuitant who returns to work for a participating employer have his or her annuity suspended and become a participating employee and instead allows an annuitant who returns to work to either 1) elect to suspend his or her annuity and become a participating employee; or 2) elect to continue receiving his or her annuity and not become a participating employee.
Under current law, a WRS participant who has applied to receive a retirement annuity must wait at least 75 days between terminating covered employment with a WRS employer and returning to covered employment again as a participating employee. The bill reduces that period to 30 days.
Because this bill relates to public employee retirement or pensions, it may be referred to the Joint Survey Committee on Retirement Systems for a report to be printed as an appendix to the bill.
For further information see the state 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:
AB376,1
1
Section
1
.
40.22 (1) of the statutes is amended to read:
AB376,2,6
2
40.22
(1)
Except as otherwise provided in sub. (2) and s. 40.26
(6)
, each
3
employee currently in the service of, and receiving earnings from, a state agency or
4
other participating employer shall be included within the provisions of the
5
Wisconsin retirement system as a participating employee of that state agency or
6
participating employer.
AB376,2
7
Section
2
.
40.22 (2) (L) of the statutes is amended to read:
AB376,2,10
8
40.22
(2)
(L) The employee is employed by a participating employer after the
9
person becomes an annuitant, unless the service is after the annuity is suspended
10
by the election of the employee
under s. 40.26.
AB376,3
11
Section
3
.
40.22 (2m) (intro.) of the statutes is amended to read:
AB376,3,2
12
40.22
(2m)
(intro.) Except as otherwise provided in s. 40.26
(6)
, an employee
13
who was a participating employee before July 1, 2011, who is not expected to work
14
at least one-third of what is considered full-time employment by the department, as
15
determined by rule, and who is not otherwise excluded under sub. (2) from
16
becoming a participating employee shall become a participating employee if he or
1
she is subsequently employed by the state agency or other participating employer
2
for either of the following periods:
AB376,4
3
Section
4
.
40.22 (2r) (intro.) of the statutes is amended to read:
AB376,3,10
4
40.22
(2r)
(intro.) Except as otherwise provided in s. 40.26
(6)
, an employee
5
who was not a participating employee before July 1, 2011, who is not expected to
6
work at least two-thirds of what is considered full-time employment by the
7
department, as determined by rule, and who is not otherwise excluded under sub.
8
(2) from becoming a participating employee shall become a participating employee if
9
he or she is subsequently employed by the state agency or other participating
10
employer for either of the following periods:
AB376,5
11
Section
5
.
40.22 (3) (intro.) of the statutes is amended to read:
AB376,3,14
12
40.22
(3)
(intro.) Except as otherwise provided in s. 40.26
(6)
, a person who
13
qualifies as a participating employee shall be included within, and shall be subject
14
to, the Wisconsin retirement system effective on one of the following dates:
AB376,6
15
Section
6
.
40.26 (1) of the statutes is amended to read:
AB376,4,2
16
40.26
(1)
Except as provided in
sub. (1m) and
ss. 40.05 (2) (g) 2. and 40.23 (1)
17
(am), if a participant receiving a retirement annuity, or a disability annuitant who
18
has attained his or her normal retirement date, receives earnings that are subject to
19
s. 40.05 (1) or that would be subject to s. 40.05 (1) except for the exclusion specified
20
in s. 40.22 (2) (L), the annuity shall be suspended, including any amount provided
21
by additional contributions, and no annuity payment shall be payable after the
22
month in which the participant files with the department a written election to be
1
included within the provisions of the Wisconsin retirement system as a
2
participating employee.
AB376,7
3
Section
7
.
40.26 (1m) of the statutes is repealed.
AB376,8
4
Section
8
.
40.26 (2) (intro.) of the statutes is amended to read:
AB376,4,7
5
40.26
(2)
(intro.) Upon suspension of an annuity under sub. (1)
or (1m)
, the
6
retirement account of the participant whose annuity is so suspended shall be
7
established on the following basis:
AB376,9
8
Section
9
.
40.26 (5) (intro.) of the statutes is amended to read:
AB376,4,13
9
40.26
(5)
(intro.)
Except as otherwise provided in sub. (5m), if

If
a participant
10
applies for an annuity or lump sum payment during the period in which less than
11
75

30
days have elapsed between the termination of employment with a
12
participating employer and becoming a participating employee with any
13
participating employer, all of the following shall apply:
AB376,10
14
Section
10
.
40.26 (5m) of the statutes is repealed.
AB376,11
15
Section
11
.
40.26 (6) of the statutes is repealed.
AB376,12
16
Section
12
.
323.19 (3) and (4) of the statutes are repealed.
AB376,13
17
Section

13
. Nonstatutory provisions.
AB376,5,2
18
(
1
)
Election to continue annuity suspension.
No later than 60 days after
19
the effective date of this subsection, if an individual who is employed by a covered
20
employer under the Wisconsin Retirement System has his or her annuity
21
suspended under s. 40.26 (1m), 2023 stats., on the effective date of this subsection
22
and wants to continue the suspension, the individual shall notify the department of
1
employee trust funds on a form provided by the department. An election to
2
continue the suspension is irrevocable.
AB376,5,3
3
(end)

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