2021 - 2022 LEGISLATURE
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2021 ASSEMBLY BILL 1027
February 17, 2022 - Introduced by LAW REVISION COMMITTEE. Referred to
Committee on Rules.
1 AN ACT to repeal 40.08 (1m) (f) 3.; to renumber 40.86 (1), 40.86 (2), 40.86 (3) and
2 40.86 (4); to amend 40.02 (48r), 40.05 (4) (ah) 3., 40.05 (4) (ah) 4., 40.08 (1m)
3 (f) 1., 40.08 (1m) (f) 2., 40.08 (8) (a) 2., 40.08 (8) (a) 2m., 40.23 (4) (c), 40.23 (4)
4 (e) 2., 40.24 (7) (a) (intro.), 40.24 (7) (b), 40.285 (2) (b) 1. a. to d., 40.285 (2) (b)
5 4. (intro.) and 40.63 (10); and to create 40.86 (1) (intro.) of the statutes;
6 relating to: changes required by the federal SECURE Act; named survivors
7 under the Wisconsin Retirement System; domestic relations orders executed by
8 the Department of Employee Trust Funds; the purchase of other governmental
9 service under the Wisconsin Retirement System; disability annuities under the
10 Wisconsin Retirement System; employee-funded reimbursement accounts;
11 references to the administrator of the Division of Personnel Management; and
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ASSEMBLY BILL 1027
1 abandoned accounts (suggested as remedial legislation by the Department of
2 Employee Trust Funds).
Analysis by the Legislative Reference Bureau
This bill makes various changes to certain programs administered by the
Department of Employee Trust Funds.
Under federal law, a qualified governmental retirement plan is required to
begin minimum distributions to participants in the plan upon the participants
reaching a specific age. The federal Setting Every Community Up for Retirement
Enhancement (SECURE) Act of 2019 changed the age of the required minimum
distribution (RMD) age. The Wisconsin Retirement System is a qualified
governmental retirement plan and is required to comply with this change in federal
law. The bill changes the RMD references in Wisconsin law.
The bill clarifies that only an employee who is currently employed with a
participating employer under the WRS may purchase other governmental service.
As currently written, the statute uses the terms “participant” and “participating
employee.” The term “participant” includes a person who previously worked for a
participating employer but has not yet taken a WRS benefit.
Under the bill, references to beneficiaries and named survivors in statutes
regarding annuity options under the WRS are amended to distinguish between a
named survivor who will receive a benefit and a beneficiary.
Under current law, when a disability annuity under the WRS is terminated, the
person's WRS account is reestablished and credited with interest. While a person
is receiving an annuity from the WRS, the person cannot also be credited with
contributions and service. The bill removes obsolete language from the statute.
Under current law, the Employee Trust Funds Board contracts with
employee-funded reimbursement account plan providers to provide accounts to be
used by state agencies. Employee-funded reimbursement accounts are governed by
provisions of the Internal Revenue Code. The bill aligns the statutory language with
the language in the IRC.
The bill amends how DETF must treat a retirement account as abandoned if
an estate is never opened. The bill allows DETF to consider a benefit abandoned if
an estate is never opened within a specific period, the same as if an estate is closed
and not reopened.
The bill eliminates an expired provision regarding the execution of domestic
relations orders (DROs) that divide a WRS account. Under current law, a DRO must
be provided to DETF within 20 years after the judgment of divorce is entered. Under
the original DRO law, DETF could not accept a DRO for a judgment of divorce entered
before April 28, 1990. The law was amended by 1997 Wisconsin Act 125 to cover
DROs for a judgment of divorce entered between January 1, 1982, and April 27, 1990.
The Wisconsin Supreme Court held in Johnson v. Masters, 2013 WI 43, 347 Wis.
2d 238, 830 N.W. 2d 647 (2013), that the 20-year limit for execution of DROs issued
under the amended law did not begin until the date DETF was able to divide a WRS
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account. The 20-year period did not begin to toll until May 2, 1998. DETF has not
been authorized to accept a DRO to divide an account under 1997 Wisconsin Act 125
since May 2, 2018.
2015 Wisconsin Act 55 eliminated the Office of State Employment Relations in
the Department of Administration, headed by a director, and replaced it with the
Division of Personnel Management in DOA, headed by an administrator. The bill
corrects a reference to the director of OSER by substituting the administrator of
DPM.
For further information, see the NOTES provided by the Law Revision
Committee of the Joint Legislative Council.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
LAW REVISION COMMITTEE PREFATORY NOTE: This bill is a remedial legislation
proposal, requested by the Department of Employee Trust Funds and introduced by the
Law Revision Committee under s. 13.83 (1) (c) 4. and 5., stats. After careful consideration
of the various provisions of the bill, the Law Revision Committee has determined that this
bill makes changes to statutes or session laws that the Law Revision Committee
determined to be in need of revision.
1 SECTION 1. 40.02 (48r) of the statutes is amended to read:
2 40.02 (48r) “Required beginning date" means the later of April 1 of the calendar
3 year following the calendar year in which a participant attains the age of 70.5 years
4 set under section 401 (a) (9) of the Internal Revenue Code or April 1 of the calendar
5 year following the calendar year in which a participating employee retires.
NOTE: SECTIONS 1, 9, and 10 bring state law into compliance with federal law
changes to the required minimum distributions beginning age made by the Setting Every
Community Up for Retirement Enhancement (SECURE) Act of 2019. These SECTIONS
replace specified ages with a reference to the ages set under the relevant Internal
Revenue Code section, so that future federal changes will be automatically reflected in
state law.
6 SECTION 2. 40.05 (4) (ah) 3. of the statutes is amended to read:
7 40.05 (4) (ah) 3. A craft employee shall pay 100 percent of health insurance
8 premiums, unless otherwise determined by the director administrator of the division
9 of personnel management in the department of administration.
10 SECTION 3. 40.05 (4) (ah) 4. of the statutes is amended to read:
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1 40.05 (4) (ah) 4. Annually, the director administrator of the division of
2 personnel management in the department of administration shall determine the
3 amount of contributions, if any, that the state must contribute into an employee's
4 health savings account under s. 40.515 and the amount that employees are required
5 to pay for health insurance premiums for a high-deductible health plan under s.
6 40.515.
NOTE: SECTIONS 2 and 3 align the statutes with changes made under 2015
Wisconsin Act 55, which eliminated the Office of State Employment Relations and
created the Division of Personnel Management.
7 SECTION 4. 40.08 (1m) (f) 1. of the statutes is amended to read:
8 40.08 (1m) (f) 1. Subject to subd. 3., if If the participant is not an annuitant on
9 the decree date, an amount equal to the total of the alternate payee share distributed
10 under par. (e), including creditable service, shall be subtracted from the participant's
11 account.
NOTE: SECTIONS 4 and 5 delete cross-references to the statute in SECTION 6.
12 SECTION 5. 40.08 (1m) (f) 2. of the statutes is amended to read:
13 40.08 (1m) (f) 2. Subject to subd. 3., if If the participant is an annuitant on the
14 decree date, the annuity shall be recomputed using the total value of the participant's
15 account determined under par. (b) reduced by the total of the alternate payee share
16 transferred under par. (e) 1., in accordance with the actuarial tables in effect and
17 using the participant's age on the decree date. The decree date shall be the effective
18 date of recomputation. If the optional annuity form before division of the
19 participant's account under par. (b) was not a joint and survivor annuity with the
20 alternate payee as the named survivor, the same annuity option with no change in
21 the remaining guarantee period, if any, shall be continued upon recomputation to the
22 participant. The present value of the alternate payee's share of the annuity after
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1 division shall be paid to the alternate payee as a straight life annuity based on the
2 age of the alternate payee on the decree date. The alternate payee's annuity shall
3 have the same remaining guarantee period, if any, as the participant's annuity. If
4 the optional annuity form before division of the participant's account under par. (b)
5 was a joint and survivor annuity with the alternate payee as the named survivor, the
6 present value of the annuity after division shall be paid to both the participant and
7 the alternate payee as a straight life annuity based upon their respective ages on the
8 decree date. If the participant's account is reestablished under s. 40.63 (10) after the
9 decree date, the amounts and creditable service reestablished shall be reduced by an
10 amount equal to the percentage of the alternate payee share computed under this
11 subdivision.
12 SECTION 6. 40.08 (1m) (f) 3. of the statutes is repealed.
NOTE: SECTION 6 repeals an obsolete statute relating to the division of Wisconsin
Retirement System benefits for any participant whose marriage is terminated by a court
during the period that begins on January 1, 1982, and ends on April 27, 1990, and for
whom the Department of Employee Trust Funds receives a qualified domestic relations
order after May 2, 1998.
13 SECTION 7. 40.08 (8) (a) 2. of the statutes is amended to read:
14 40.08 (8) (a) 2. If an estate that is determined by the department to be a
15 beneficiary is never opened or is closed prior to the payment of benefits payable under
16 this chapter as a result of the death of the participant and the estate is not opened
17 or reopened within 6 months after the department notifies the estate that a benefit
18 is payable, the benefit shall be considered irrevocably abandoned and shall be
19 transferred to the employer accumulation reserve, unless the estate was the
20 designated beneficiary under s. 40.02 (8) (a) 1.
NOTE: SECTIONS 7 and 8 clarify how the Department of Employee Trust Funds must
treat abandoned benefits from the account of a deceased individual if a probate estate is
never opened for that individual.
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ASSEMBLY BILL 1027 SECTION 8
1 SECTION 8. 40.08 (8) (a) 2m. of the statutes is amended to read:
2 40.08 (8) (a) 2m. If the estate was the designated beneficiary under s. 40.02 (8)
3 (a) 1. and the estate is never opened or is closed prior to the payment of benefits
4 payable under this chapter as a result of death of the participant and the estate is
5 not opened or reopened within 6 months after the department notifies the estate that
6 a benefit is payable, the department shall pay the benefit to a beneficiary as
7 determined under s. 40.02 (8) (a) 2. If the department is unable to locate any such
8 beneficiary within 6 months, all such beneficiaries shall be presumed to have
9 predeceased the participant and the benefit shall be considered irrevocably
10 abandoned and shall be transferred to the employer accumulation reserve.
11 SECTION 9. 40.23 (4) (c) of the statutes is amended to read:
12 40.23 (4) (c) If a participant during the calendar year in which before the year
13 he or she attains 69.5 years the age set under section 401 (a) (9) of the Internal
14 Revenue Code, or the alternate payee during the calendar year before the year in
15 which the participant attains 69.5 years the age set under section 401 (a) (9) of the
16 Internal Revenue Code, does not apply before December 31 in that year for a
17 distribution of the amount that is credited to the account of a participant under the
18 Wisconsin retirement system, the department shall begin, effective the following
19 January 1, an automatic distribution to the participant or alternate payee in the
20 form of an annuity specified under s. 40.24 (1) (c) or as determined by the department
21 by rule. If the department makes an automatic distribution under this paragraph,
22 the beneficiary designation filed with the department before the date on which the
23 department begins the automatic distribution is no longer applicable under ss. 40.71
24 and 40.73. Unless the participant or alternate payee files a subsequent beneficiary
25 designation with the department after the date on which the department begins the
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1 automatic distribution, the department shall pay any death benefit as provided
2 under s. 40.02 (8) (a) 2.
3 SECTION 10. 40.23 (4) (e) 2. of the statutes is amended to read:
4 40.23 (4) (e) 2. Subject to section 401 (a) (9) of the Internal Revenue Code, if the
5 spouse or domestic partner files a subsequent beneficiary designation with the
6 department, the payment of the distribution may be deferred until the January 1 of
7 the year in which the participant would have attained the age of 70.5 years set under
8 section 401 (a) (9) of the Internal Revenue Code.
9 SECTION 11. 40.24 (7) (a) (intro.) of the statutes is amended to read:
10 40.24 (7) (a) (intro.) Any participant who has been married to the same spouse,
11 or in a domestic partnership with the same domestic partner, for at least one year
12 immediately preceding the participant's annuity effective date shall elect the
13 annuity option under sub. (1) (d), the annuity option under sub. (1) (e), if the reduced
14 annuity under sub. (1) (e) is payable in an optional life form provided under sub. (1)
15 (d), or an annuity option in a form provided by rule, if the annuity is payable for life
16 with monthly payments of at least 75 percent of the amount of the annuity to be
17 continued to the beneficiary named survivor, for life, upon the death of the
18 participant, and the participant shall designate the spouse or domestic partner as
19 the beneficiary named survivor, unless the participant's application for a retirement
20 annuity in a different optional annuity form is signed by both the participant and the
21 participant's spouse or domestic partner or unless the participant establishes to the
22 satisfaction of the department that, by reason of absence or other inability, the
23 spouse's or domestic partner's signature may not be obtained. This subsection does
24 not apply to any of the following:
25 SECTION 12. 40.24 (7) (b) of the statutes is amended to read:
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1 40.24 (7) (b) In administering this subsection, the secretary may require the
2 participant to provide the department with a certification of the participant's marital
3 or domestic partnership status and of the validity of the spouse's or domestic
4 partner's signature. If a participant is exempted from the requirements under par.
5 (a) on the basis of a certification which the department or a court subsequently
6 determines to be invalid, the liability of the fund and the department shall be limited
7 to a conversion of annuity options at the time the certification is determined to be
8 invalid. The conversion shall be from the present value of the annuity in the optional
9 form originally elected by the participant to an annuity with the same present value
10 but in the optional form under sub. (1) (d) and with monthly payments of 100 percent