reglab/statecodes huggingface dataset:
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.45 - Independent student grants.

39.45
Independent student grants.
(1)
In this section:
(a)
“Institution of higher education" means a public or private nonprofit educational institution meeting the requirements of s. 39.30 or 39.435 for the purpose of awarding grants under those sections.
(b)
“Resident student" has the meaning specified in s. 39.30 (1) (e).
(2)
There is established, to be determined by the board, a grant program for resident students who are current recipients of aid to families with dependent children under s. 49.19.
(3)
Grants under this section shall be awarded on the basis of financial need, as determined by the board, to resident students enrolled for at least 6 academic credits in the 2nd or 3rd year in programs leading to an associate degree or the 3rd, 4th or 5th year in programs leading to a bachelor's degree. Except as provided in sub. (5), no grant may exceed $4,000 per academic year. Students may apply for grants, upon a form prepared and furnished by the board, on or after February 1 of any year for the fall semester or session of the upcoming academic year. No student is eligible to receive a grant under this section for more than 3 academic years.
(4)
The board shall give preference, as much as practicable, in awarding grants under this section to students enrolled in courses likely to increase the immediate employment opportunities of such students. The board shall publish a list of such courses and shall include courses that have an occupational or vocational objective in areas with existing labor needs.
(5)
The board may award supplemental grants of between $500 and $1,000 per child per semester or session to students for the cost of child care for preschool children of the students. The student shall demonstrate, as determined by the board, financial need for the supplemental grant. In awarding grants under this subsection, the board may not exceed 20 percent of the appropriation for a given fiscal year for the grant program.
(6)
From the appropriation under s. 20.235 (1) (fc), the board shall use available funds to make grant awards under this section, but no award may be made before March 1 for the fall semester or session of the upcoming academic year.
(7)
The board shall promulgate rules to administer this section, including criteria and procedures for repayment of grants awarded under this section, including interest, by certain grant recipients who no longer reside in this state or do not successfully complete requirements for a degree. The board shall deposit in the general fund as general purpose revenue-earned all repayments of grants awarded under this section and the interest on the grants.
(8)
No student is eligible for an original grant under this section after the 1996-97 academic year.
History:  1989 a. 336; 1995 a. 27; 1997 a. 27.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.465 - Scholarship program.

39.465
Scholarship program.
(1)
Definitions. In this section:
(a)
“Actual practice total” is the total number of months that a student upon graduation practices in a health shortage area in this state. For purposes of this paragraph, a fraction of a month is counted as one month.
(c)
“Repayment liability percentage” means the percentage that results from dividing the difference between a student's required practice total and the student's actual practice total by the student's required practice total.
(d)
“Required practice total” means the total number of months a student upon graduation is required under sub. (3) to practice in a health shortage area in this state.
(2)
Scholarships. In consultation with the department of health services, the board shall establish a program for awarding an annual scholarship, including a stipend, for each year of a student's enrollment but not exceeding 4 years. The board shall pay the scholarships from the appropriation account under s. 20.235 (1) (dg).
(3)
Eligibility; agreements.
(a)
A student is not eligible for a scholarship under the program established under sub. (2) unless he or she is a resident of the state and enters into an agreement with board in which he or she agrees upon graduation to practice in a health shortage area in this state for a period equal to 18 months multiplied by the number of annual scholarships the board awards to the student under the program.
(b)
An agreement under par. (a) shall specify that if a student fails to practice in a health shortage area in this state for the period required under par. (a), he or she is liable to the state for an amount equal to the total dollar amount of annual scholarships awarded to the student multiplied by the student's repayment liability percentage.
(4)
Geographic diversity. The board shall make every effort to ensure that students who are awarded scholarships under the program established under sub. (2) practice upon graduation in geographically diverse health shortage areas in this state.
History:  2019 a. 9.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.48 - Armed forces.

39.48
Armed forces.
If a student who is a member of a national guard or a member of a reserve unit of the U.S. armed forces withdraws from a private nonprofit college or university located in this state, or from a school approved by the department of safety and professional services under s. 440.52 or the educational approval board under s. 38.50, 2015 stats., or authorized by the distance learning authorization board under s. 39.86, after September 11, 2001, because he or she is called into state active duty or into active service with the U.S. armed forces, the college, university, or school shall do all of the following:
(1)
Reenroll the student beginning in the semester in which he or she is discharged, demobilized, or deactivated from active duty or the next succeeding semester, whichever the student prefers.
(1m)
Give the student the same priority in registering for courses that the student would have had if he or she had registered for courses at the beginning of the registration period.
(2m)
At the student's request, do one of the following for all courses from which the student had to withdraw:
(a)
Reimburse the student all tuition and fees paid for all the courses and a prorated portion of room and board payments.
(b)
Grant the student an incomplete in all of the courses from which the student had to withdraw and permit the student to complete the courses, within 6 months after leaving state service or active service, without paying additional tuition or fees.
(3)
Ensure that the student is provided a reasonable opportunity to complete final projects and final examinations for all courses in which the scheduled end date of the course is not more than 30 days after the date of the order calling the student into active duty or service unless such an accommodation cannot be reasonably made.
History:  2001 a. 22; 2003 a. 69; 2005 a. 324, 470; 2019 a. 75.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.51 - Dual enrollment credential grants.

39.51
Dual enrollment credential grants.
(1)
In this section:
(a)
“Dual enrollment programs" means programs or courses of study designed to provide high school students with the opportunity to gain credits in both high school and an institution of higher education, including transcripted credit programs or other educational services provided by contract between a school district and an institution of higher education.
(b)
“Institution of higher education” has the meaning given in s. 118.19 (1c) (a).
(c)
“Membership” has the meaning given in s. 121.004 (5).
(d)
“School year” has the meaning given in s. 115.001 (13).
(2)
Beginning in the 2018-19 school year, from the appropriation under s. 20.235 (1) (c), the board shall award grants to school districts, charter schools authorized under s. 118.40 (2r), and private schools participating in a program under s. 118.60 or 119.23 to support dual enrollment programs taught in high schools. These grants shall be awarded for the purpose of assisting high school teachers in covering tuition expenses for courses taken to meet the minimal qualifications necessary to teach dual enrollment courses.
(3)
In each school year, the board shall award at least one grant under sub. (2) to each of the following:
(a)
A school district the membership of which in the previous school year was fewer than 650 pupils.
(b)
A school district the membership of which in the previous school year was 650 to 1,600 pupils.
(c)
A school district the membership of which in the previous school year was more than 1,600 pupils.
(d)
A charter school established under s. 118.40 (2r).
(e)
A private school participating in the program under s. 118.60 or 119.23.
(4)
Following the school year in which a school district, charter school authorized under s. 118.40 (2r), or private school participating in a program under s. 118.60 or 119.23 receives a grant under sub. (2), the school district, charter school, or private school shall submit to the board a report that includes all of the following information:
(a)
The number of high school teachers who received financial assistance funded by the grant.
(b)
The total number of postsecondary credits completed by high school teachers that were funded by the grant.
(c)
The number of high school teachers described under par. (a) who are minimally qualified to teach dual enrollment courses.
History:  2017 a. 206; 2021 a. 217.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.53 - Information for students relating to higher education costs.

39.53
Information for students relating to higher education costs.
(1)
Definition. In this section, “institution of higher education" means an institution or college campus within the University of Wisconsin System, a technical college under ch. 38, or any private postsecondary institution located in this state that provides an educational program for which it awards an associate degree or higher.
(2)
Student letter.
(a)
An institution of higher education shall annually provide a letter to all students to inform them of the cost of their education. Subject to par. (c), the letter shall include all of the following:
1.
For each student loan obtained by the student for which the student loan funds are distributed by the institution as part of the student's financial aid package, all of the following information with respect to that loan:
a.
The total amount of debt accrued under the loan to date.
b.
The interest rate applicable to the loan.
c.
Standard repayment terms for the type of loan.
d.
The estimated monthly payment due under the loan when the repayment period commences.
e.
The total projected amount of interest to be paid over the term of the loan.
f.
The total projected amount, including both principal and interest, to be paid over the term of the loan.
2.
The estimated total cost of attendance at the institution of higher education for the academic year, including actual or estimated costs of tuition, fees, and room and board.
3.
The cumulative amount of each of the following, stated separately, that the student receives through the institution as part of the student's financial aid package:
a.
State grants.
b.
Federal grants.
c.
Institutional grants.
4.
Identification of resources for students to learn more about student loans and identification of other financial literacy sources.
(b)
The letter under par. (a) shall be provided to each student at the beginning of the academic year. Whenever possible, the letter shall be transmitted to the student electronically, but the institution of higher education shall provide a printed copy of the letter delivered by hand, mail, facsimile transmission, commercial delivery, or other suitable means if the student does not have the ability to receive the letter electronically.
(c)
The letter under par. (a) is required to include the information specified in par. (a) 1. for a student loan obtained from a private lender only to the extent that the institution of higher education has received this information from the private lender or loan servicer.
(3)
Financial literacy. Each institution of higher education shall provide to newly entering students information on financial literacy within the student's first semester of enrollment.
History:  2015 a. 284.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.54 - Information on student identification cards.

39.54
Information on student identification cards.
(1)
Definition. In this section, “institution of higher education" means an institution or college campus within the University of Wisconsin System or a technical college under ch. 38.
(2)
Suicide prevention information on identification cards.
(a)
If an institution of higher education issues identification cards to students, the institution of higher education shall include on each identification card issued to a student the telephone number for the National Suicide Prevention Lifeline or one of its affiliate crisis centers or, if the National Suicide Prevention Lifeline ceases operations, another national network of local crisis centers that provides free and confidential emotional support to individuals in suicidal crisis or emotional distress 24 hours a day and 7 days a week. The institution of higher education may also include on the identification card any of the following information:
1.
A statement that the text-based emotional support service of the Crisis Text Line may be accessed by texting HOPELINE to 741741 or, if applicable, by specifying any successor method.
2.
Instructions for contacting a text-based state or national organization, other than the organization described under subd. 1., that provides free support to individuals in crisis 24 hours a day and 7 days a week.
3.
The telephone number for a local suicide prevention hotline.
(b)
An institution of higher education may include the information described under par. (a) on student identification cards by printing the information on, or by affixing a sticker that contains the information to, the identification cards.
History:  2019 a. 116.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.76 - Compact commission delegation.

39.76
Compact commission delegation.
(1)
State representation on the education commission of the states. There is created a 7-member delegation to represent the state of Wisconsin on the education commission of the states. The delegation shall consist of the governor, the state superintendent of public instruction, one senator and one representative to the assembly selected as are the members of standing committees in their respective houses, and 3 members appointed by the governor in compliance with s. 39.75 (3) (a) who shall serve at the pleasure of the governor. The chairperson of the delegation shall be designated by the governor from among its members. Members of the delegation shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties from the appropriation in s. 20.505 (1) (ka). Annual commission membership dues shall be paid from the appropriation in s. 20.505 (1) (ka).
(2)
Administration service. The department of administration shall provide administrative and staff services for the delegation to the education commission of the states.
(3)
Reports; bylaws. Under s. 39.75 (3) (j), the education commission of the states shall file a copy of its bylaws and any amendments thereto with the secretary of state and the office of the governor on or before January 15 of each odd-numbered year. The delegation or the education commission of the states shall submit to the governor and the chief clerk of each house of the legislature, for distribution to the legislature under s. 13.172 (2), a report of the activities of the delegation and the commission.
(4)
Cooperation of state agencies. Any existing state department or board in the field of public education shall within existing appropriations cooperate with the education compact delegation in the execution of its functions.
History:  1977 c. 29 s. 1649; 1977 c. 325; 1981 c. 20 s. 2202 (1) (b); 1981 c. 390; 1987 a. 186; 2001 a. 16; 2005 a. 25.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.85 - Definitions.

39.85
Definitions.
In this subchapter:
(1)
“Board" means the distance learning authorization board.
(2)
“Other jurisdiction" or “another jurisdiction" means any state of the United States other than Wisconsin, any foreign country, the District of Columbia, the commonwealth of Puerto Rico, or any territory or possession of the United States.
History:  2015 a. 208.
2023 Wisconsin Statutes & Annotations › Chapter 39 - Higher educational agencies and education compacts. › 39.87 - Listing of exempt institutions.

39.87
Listing of exempt institutions.
(1)
Definitions. In this section, “program integrity rules" means the final regulations of the federal department of education set forth in 75 Fed. Reg. 66832 to 66975 (October 29, 2010), as amended.
(2)
List of exempt institutions.
(a)
The board shall create and maintain a list of the names of all postsecondary institutions that, under the program integrity rules, are legally authorized in this state and constitute institutions of higher education under 20 USC 1001 (a) (2) and that are exempt from additional state authorization requirements as provided under the program integrity rules. The board shall make this list available to the public.
(b)
At least annually, the board shall provide the list of names of exempt institutions under par. (a) to the legislative reference bureau and the legislative reference bureau shall publish the list in the Wisconsin administrative register under s. 35.93 (2).
(3)
Reports. No later than January 30, 2017, and by January 30 of each year thereafter, and also upon specific request of the governor, the board shall submit a report to the governor and to the chief clerk of each house of the legislature for distribution to the legislature under s. 13.172 (2) that summarizes the board's actions taken during the immediately preceding calendar year relating to the list of exempt institutions under sub. (2) (a) and compliance with related requirements and regulations of the federal department of education.
History:  2015 a. 208.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.01 - Creation and purpose.

40.01
Creation and purpose.
(1)
Creation. A “public employee trust fund" is created to aid public employees in protecting themselves and their beneficiaries against the financial hardships of old age, disability, death, illness and accident, thereby promoting economy and efficiency in public service by facilitating the attraction and retention of competent employees, by enhancing employee morale, by providing for the orderly and humane departure from service of employees no longer able to perform their duties effectively, by establishing equitable benefit standards throughout public employment, by achieving administrative expense savings and by facilitating transfer of personnel between public employers.
(2)
Purpose. The public employee trust fund is a public trust and shall be managed, administered, invested and otherwise dealt with solely for the purpose of ensuring the fulfillment at the lowest possible cost of the benefit commitments to participants, as set forth in this chapter, and shall not be used for any other purpose. Revenues collected for and balances in the accounts of a specific benefit plan shall be used only for the purposes of that benefit plan, including amounts allocated under s. 40.04 (2), and shall not be used for the purposes of any other benefit plan. Each member of the employee trust funds board shall be a trustee of the fund and the fund shall be administered by the department of employee trust funds. All statutes relating to the fund shall be construed liberally in furtherance of the purposes set forth in this section.
(3)
Compatibility of trustee responsibilities. Membership on the employee trust funds board, group insurance board, deferred compensation board, Wisconsin retirement board and the teachers retirement board shall not be incompatible with any other public office. The board members and the employees of the department shall not be deemed to have a conflict of interest in carrying out their responsibilities and duties in administering this chapter, or taking other appropriate actions necessary to achieve the purposes of this chapter, solely by reason of their being eligible for benefits under the benefit plans provided under this chapter. However, any board member or employee of the department is expressly prohibited from participating in decisions directly related to a specific benefit, credit, claim or application of the person and from participating in negotiations or decisions on the selection of actuarial, medical, legal, insurance or other independent contractors if the board member or employee of the department has a direct or indirect financial interest in or is an officer or employee or is otherwise associated with the independent contractor.
History:  1981 c. 96; 1989 a. 31; 1991 a. 269; 2019 a. 9.
Monies appropriated to the Public Employee Trust Fund are not “state funds"; therefore the legislature may not restrict the use of those funds by a statute governing the use of “state or local funds." OAG 1-95.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.015 - Compliance with federal tax laws.

40.015
Compliance with federal tax laws.
(1)
The Wisconsin retirement system is established as a governmental plan and as a qualified plan for federal income tax purposes under the Internal Revenue Code and shall be so maintained and administered.
(2)
No benefit plan authorized under this chapter may be administered in a manner which violates an Internal Revenue Code provision that authorizes or regulates that benefit plan or which would cause an otherwise tax exempt benefit to become taxable under the Internal Revenue Code.
(3)
For the purposes of compliance with the Internal Revenue Code, the plan year is January 1 through December 31.
History:  1995 a. 302; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.07 - Records.

40.07
Records.
(1)
Notwithstanding any other statutory provision, individual personal information in the records of the department is not a public record and shall not be disclosed except as provided in this section.
(1m)
Individual personal information, other than medical records, may only be disclosed by the department under any of the following circumstances:
(a)
The information is requested by the person whose record contains the information or by the duly authorized representative of the person;
(b)
The information is requested by a public employee for use in the discharge of the employee's official duties;
(c)
The information is required to be disclosed under a court order duly obtained upon a showing to the court that the information is relevant to a pending court action; or
(d)
The information is required to be disclosed for the proper administration of the department or to assist in locating participants or beneficiaries the department is otherwise unable to contact.
(1r)
Upon request of the department of revenue, the department may disclose information, including social security numbers, to the department of revenue concerning an annuity only for the following purposes:
(a)
To administer the payment of state taxes.
(am)
To aid in collecting debts owed to the department of revenue.
(b)
To locate participants, or the assets of participants, who have failed to file tax returns, underreported their taxable income, or who are delinquent debtors.
(c)
To identify fraudulent tax returns and credit claims.
(d)
To provide information for tax-related prosecutions.
(2)
Medical records may be disclosed by the department only under any of the following circumstances:
(a)
When a disability application or health insurance claim denial is appealed.
(b)
Under a court order, or order of a hearing examiner, that is duly obtained upon prior notice to the department and a showing to the court or administrative tribunal that the information is relevant to a pending court or administrative action.
(c)
Upon a written authorization that specifically identifies the medical records that may be disclosed, but only to the person who is the subject of the medical records or to the person's designee, except that this paragraph shall not apply to any medical records to which the person's access is otherwise prohibited by law.
(2m)
Medical information gathered for any one of the benefit plans established under this chapter may be used by any other benefit plan established under this chapter.
(3)
The department shall not furnish lists of participants, annuitants or beneficiaries to any person or organization except as required for the proper administration of the department.
History:  1981 c. 96; 2005 a. 152; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.20 - Creation.

40.20
Creation.
A Wisconsin retirement system is created, including the benefits provided by this subchapter, the disability annuities provided by s. 40.63 and the death benefits provided by ss. 40.71 and 40.73. For purposes of determining an employee's eligibility for social security coverage only, the former state teachers retirement system and Milwaukee teachers retirement fund and the local police and fire pension funds established under s. 61.65 (1), (6) and (7), 1975 stats., and s. 62.13 (9) (e), (9a) and (10) (f) and (g), 1975 stats., shall continue to be considered separate retirement systems but for all other purposes the Wisconsin retirement system is a continuation of the Wisconsin retirement fund.
History:  1981 c. 96; 1987 a. 403 s. 256.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.28 - Variable benefits.

40.28
Variable benefits.
(1)
Any annuity provided to a participant whose accounts include credits segregated for a variable annuity shall consist of a core annuity and a variable annuity.
(a)
The initial amount of the variable annuity shall be the amount which can be provided on the basis of the actuarial tables in effect on the effective date of the annuity by the following amounts, if otherwise available:
1.
The amount of the additional contribution accumulations reserved for a variable annuity as of the date the annuity begins;
2.
The amount equal to 200 percent of employee required contribution accumulations reserved for a variable annuity as of the date the annuity begins. Except, for a county jailer described in s. 40.02 (48) (am) 23., the amount equal to the employee required contributions and the employer required contributions paid for a county jailer under s. 40.05 (2) (a), including interest, reserved for a variable annuity on the date the annuity begins. The amount applicable for a county jailer applies only to a county jailer who becomes a protective occupation participant on or after January 1, 2024, and who is either employed in a county that did not classify county jailers as protective occupation participants on January 1, 2024, or employed in a county that classified county jailers as protective occupation participants on January 1, 2024, and the county subsequently determines to not classify county jailers as protective occupation participants and instead classify county jailers as general participating employees; and
3.
The amount equal, as of the date the annuity begins, to the accumulated prior service credits reserved for the participant for a variable annuity within the employer accumulation account, together with the net gain or loss credited to the accumulations.
(b)
The initial amount of the core annuity shall be the excess of the total annuity payable, as determined under s. 40.23, over the amount of the variable annuity.
(2)
Whenever the balance in the variable annuity reserve, as of December 31 of any year, exceeds or is less than the then present value of all variable annuities in force, determined in accordance with the rate of interest and approved actuarial tables then in effect, by at least 2 percent of the present value of all variable annuities in force, the amount of each variable annuity payment shall be proportionately increased or decreased, disregarding fractional percentages, and effective on a date determined by rule, so as to reduce the variance between the balance of the variable annuity reserve and the present value of variable annuities to less than one percent.
(3)
Except as otherwise specifically provided, benefits based on variable accumulations shall be determined on the same basis and paid in the same manner and at the same time as benefits based on accumulations not so segregated insofar as practicable considering the nature of variable annuities.
History:  1981 c. 96; 2005 a. 153; 2023 a. 4.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.29 - Temporary disability; creditable service.

40.29
Temporary disability; creditable service.
(1)
If a participating employee receives temporary disability compensation under s. 102.43 for any period prior to termination of employment with the participating employer which commences on or after April 30, 1980, the employee shall be:
(a)
Credited with creditable service during that period on the same basis as the employee was credited with creditable service immediately prior to the commencement of the period; and
(b)
Treated for all purposes of the Wisconsin retirement system, including, but not limited to, contributions and benefits, as having received the amount and rate of earnings the employee would have received if the disability had not occurred, including adjustments in the rate of earnings of the employee made during that period in good faith.
(2)
Earnings and creditable service determined under sub. (1) shall be reported by the employer to the department. The employer shall pay all employer and required employee contributions payable under this section with respect to the earnings and current service except the employer may recover from the employee's earnings paid after the employee returns to employment with the employer the amount which the employer paid on behalf of the employee which is customarily actually paid by the employee under s. 40.05 (1). The employer may not deduct the amount recoverable under this subsection from the employee's earnings at a rate greater than 5 percent of each payment of earnings.
History:  1981 c. 96; 1983 a. 290.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.31 - Maximum benefit limitations.

40.31
Maximum benefit limitations.
(1)
General limitation. The maximum retirement benefits payable to a participant in a calendar year, excluding benefits attributable to contributions subject to the limit under s. 40.32, may not exceed the maximum benefit limitation established under section 415 (b) of the Internal Revenue Code, as adjusted under section 415 (d) of the Internal Revenue Code and any applicable regulations or guidance adopted under the Internal Revenue Code, except that the limit for an individual who first became a participant before January 1, 1990, may not be less than the accrued benefits of the participant, as determined without regard to any changes to the retirement system after October 14, 1987.
(3)
Treatment of defined benefit and defined contribution plans. For the purpose of determining whether a participant's retirement benefits exceed the maximum retirement limitations under this section, all defined benefit plans of the employer, including defined benefit plans that are terminated, shall be treated as a single defined benefit plan and all defined contribution plans of the employer, including defined contribution plans that are terminated, shall be treated as a single defined contribution plan. The department may provide by rule additional limitations for participants who are participating in more than one retirement system.
(4)
Division of benefits. For the purpose of determining whether a participant's retirement benefits exceed the maximum retirement limitations under this section for a participant whose retirement benefits have been divided under s. 40.08 (1m), the participant's retirement benefits shall be measured as if no division had occurred.
History:  1995 a. 302; 1997 a. 237; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.32 - Limitations on contributions.

40.32
Limitations on contributions.
(1)
The sum of all employee post-tax contributions allocated to a participant's account may not in any calendar year exceed the maximum contribution limitation established under section 415 (c) of the Internal Revenue Code, as adjusted under section 415 (d) of the Internal Revenue Code and any applicable regulations adopted by the federal department of the treasury.
(2)
The department may provide by rule additional limitations for participants who are participating in more than one retirement system.
(3)
Any contribution that the department receives, which is allocated to the account of a participant and which exceeds the contributions limitation under this section, may be refunded or credited as provided in s. 40.08 (6). If the department refunds any contributions that exceed the limitation under this section, the department shall first refund amounts voluntarily contributed by a participating employee as an additional contribution under s. 40.05 (1) (a) 5.
History:  1995 a. 302; 1997 a. 237; 2011 a. 10; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.40 - State-federal agreement.

40.40
State-federal agreement.
The secretary may, upon receipt of a certified copy of a resolution adopted by the governing body of any employer in accordance with s. 40.41 execute on behalf of the state a modification of the state-federal agreement with the secretary of the federal department of health and human services for the inclusion of a coverage group of the employees of the employer under the OASDHI system in conformity with federal regulations. The state and each employer included under the agreement or modification of the agreement shall thereafter be bound by federal regulations.
History:  1981 c. 96.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.513 - Payment of stipend in lieu of health care coverage for state employees.

40.513
Payment of stipend in lieu of health care coverage for state employees.
(1)
Subject to sub. (3), a state employee who is eligible to receive health care coverage under s. 40.51 (6) may elect not to receive that coverage and instead be paid an annual stipend equal to $2,000 if all of the following occur:
(a)
The employee is eligible for an employer contribution under s. 40.05 (4) (ag).
(b)
The employee makes the election on a form provided by the department.
(c)
The employee makes the election within 30 days of being hired or during any applicable enrollment period established by the department. If the employee makes the election within 30 days of being hired, the employee may not receive health care coverage under s. 40.51 (6) during the calendar year in which the election is made. If the employee makes the election during any annual applicable enrollment period established by the department, the employee may not receive health care coverage under s. 40.51 (6) during the succeeding calendar year.
(2)
A stipend paid to an employee under sub. (1) shall be paid from the appropriation account that would otherwise have been used to pay the employer contribution toward premium payments under s. 40.05 (4) (ag) for that employee. If an employee makes the election within 30 days of being hired, the employer shall prorate the $2,000 stipend according to the remaining number of months in the calendar year in which the election is made.
(3)
A state employee may not be paid an annual stipend under sub. (1) if any of the following occurs:
(a)
The employee was eligible for an employer contribution under s. 40.05 (4) (ag) during the 2015 calendar year and elected not to receive health care coverage in that calendar year.
(b)
The employee's spouse is receiving health care coverage under s. 40.51 (6).
History:  2015 a. 55; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.515 - Health savings accounts; high-deductible health plan.

40.515
Health savings accounts; high-deductible health plan.
(1)
In addition to the health care coverage plans offered under s. 40.51 (6), beginning on January 1, 2015, the group insurance board shall offer to all state employees the option of receiving health care coverage through a high-deductible health plan and the establishment of a health savings account. Under this option, each employee shall receive health care coverage through a high-deductible health plan. The state shall make contributions into each employee's health savings account in an amount specified by the administrator of the division of personnel management in the department of administration under s. 40.05 (4) (ah) 4. In designing a high-deductible health plan, the group insurance board shall ensure that the plan may be used in conjunction with a health savings account.
(2)
The group insurance board may contract with any person to provide administrative and other services relating to health savings accounts established under this section.
(3)
The group insurance board may collect fees from state agencies to pay all administrative costs relating to the establishment and operation of health savings accounts established under this section. The group insurance board shall develop a methodology for determining each state agency's share of the administrative costs. Moneys collected under this subsection shall be credited to the appropriation account under s. 20.515 (1) (tm).
(4)
Beginning on January 1, 2015, to the extent practicable, any agreement with any insurer or provider to provide health care coverage to state employees under s. 40.51 (6) shall require the insurer or provider to also offer a high-deductible health plan that may be used in conjunction with a health savings account.
History:  2013 a. 20; 2015 a. 55.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.55 - Long-term care coverage.

40.55
Long-term care coverage.
(1)
Except as provided in sub. (5), the state shall offer, through the group insurance board, to eligible employees under s. 40.02 (25) (bm) and to state annuitants long-term care insurance policies which have been filed with the office of the commissioner of insurance and which have been approved for offering under contracts established by the group insurance board. The state shall also allow an eligible employee or a state annuitant to purchase those policies for his or her spouse or parent.
(2)
For any long-term care policy offered through the group insurance board, the insurer may impose underwriting considerations in determining the initial eligibility of persons to cover and what premiums to charge.
(4)
The group insurance board may charge a fee to each insurer whose policy is offered under this section, but the fee may not exceed the direct costs incurred by the group insurance board in offering the policy.
(5)
An eligible state employee who elects insurance coverage with a county under s. 978.12 (6) may not elect coverage under this section.
History:  1987 a. 356; 1989 a. 31; 1991 a. 152; 2007 a. 168; 2009 a. 28; 2011 a. 32; 2017 a. 59.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.62 - Income continuation insurance benefits.

40.62
Income continuation insurance benefits.
(1)
The group insurance board shall establish an income continuation insurance plan providing for full or partial payment of the financial loss of earnings incurred as a result of injury or illness with separate provisions for short-term insurance with a benefit duration of no more than one year and long-term insurance covering injury or illness of indefinite duration. Employees insured under the plan shall be eligible for benefits upon exhaustion of accumulated sick leave and completion of the elimination period established by the group insurance board.
(1m)
Notwithstanding sub. (1), no employee may be required to use more than 130 days of accumulated sick leave unless required to exhaust accumulated sick leave under s. 40.63 (1) (c).
(2)
Sick leave accumulation shall be determined in accordance with rules of the department, any collective bargaining agreement under subch. V of ch. 111, and ss. 13.121 (4), 36.30, 49.825 (4) (d) and (5) (d), 49.826 (4) (d), 230.35 (2), 233.10, 238.04 (8), 757.02 (5) and 978.12 (3).
History:  1981 c. 96; 1987 a. 309; 1989 a. 13, 31; 1995 a. 27; 2009 a. 15, 28; 2011 a. 10, 32; 2013 a. 166.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.74 - Beneficiaries.

40.74
Beneficiaries.
(1)
Payment to 2 or more persons as joint beneficiaries shall be equal unless the participant, employee or annuitant has designated otherwise in the written designation of beneficiary on file with the department.
(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 30 days after it is received by the department or the date specified in the waiver, if 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).
(4)
If a participant, employee or annuitant fully terminates all coverage and closes all accounts to which a written beneficiary designation applies, the designation does not apply if the individual again becomes a participant, employee or annuitant.
(5)
A designation of a testamentary trust as beneficiary shall satisfy the requirement of s. 40.02 (8) (a) 1. that a person or trust be specifically named in a written designation of beneficiary whether the will establishing the trust is written before or after the designation of beneficiary is received by the department. If, however, a designation specified the date or otherwise identified a specific will, the designation shall not apply if the will is not the last will and testament of the participant, employee or annuitant.
(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.
(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.
History:  1981 c. 96; 1987 a. 309; 2005 a. 151; 2007 a. 131.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.81 - Deferred compensation plan authorization.

40.81
Deferred compensation plan authorization.
(1)
An employer other than the state or the University of Wisconsin Hospitals and Clinics Authority may provide for its employees the deferred compensation plan established under s. 40.80. Any employer, including this state and the University of Wisconsin Hospitals and Clinics Authority, who makes the plan under s. 40.80 available to any of its employees shall make it available to all of its employees under procedures established by the department under this subchapter.
(2)
Any local government employer, or 2 or more employers acting jointly, may also elect under procedures established by the employer or employers to contract directly with a deferred compensation plan provider to administer a deferred compensation plan or to manage any compensation deferred under the plan and may also provide a plan under section 403 (b) of the Internal Revenue Code under procedures established by the local government employer or employers.
(3)
Any action taken under this section shall apply to employees covered by a collective bargaining agreement under subch. IV or V of ch. 111.
History:  1981 c. 187, 391; 1983 a. 290; 1991 a. 39; 1995 a. 27; 2009 a. 28; 2011 a. 10; 2013 a. 20.
2023 Wisconsin Statutes & Annotations › Chapter 40 - Public employee trust fund. › 40.82 - General provisions.

40.82
General provisions.
(1)
Any part of gross compensation deferred under a deferred compensation plan established under this subchapter which would have been treated as current earnings or wages if paid immediately to the employee shall be treated as current earnings or wages for purposes of the federal social security act or any retirement, pension, or group insurance benefit plan provided by the department.
(2)
Compensation that is withheld under a deferred compensation plan contract between an employer and an employee may be invested by the employer or a person other than the employer who is authorized by contract to administer the funds. The employer may determine the types of investments in which the deferred compensation funds may be invested. The deferred compensation funds may be invested and reinvested in the same manner provided for investments under s. 881.01.
(3)
Each deferred compensation plan under this subchapter shall be maintained and administered as an eligible deferred compensation plan, as defined in section 457 of the Internal Revenue Code, and shall meet the requirements of section 401 (a) (37) of the Internal Revenue Code.
(4)
(a)
Beginning on December 31, 2008, a participating employee who is receiving differential wage payments shall be considered as having terminated covered employment during any period in which the person is performing service in the uniformed services, as defined in 38 USC 4303, on active duty for a period of more than 30 days, for purposes of receiving a distribution under section 457 (d) (1) (A) (ii) of the Internal Revenue Code.
(b)
A person who is described under par. (a) and who elects to receive a distribution may not subsequently make an elective deferral or employee contribution into a deferred compensation plan during the 6-month period following the distribution.
History:  1981 c. 187; 2003 a. 264; 2011 a. 116.
Section 40.08 (1) does not permit the division of a deferred compensation account pursuant to a qualified domestic relations order. Preiss v. Preiss, 2000 WI App 185, 238 Wis. 2d 368, 617 N.W.2d 514, 99-3261.