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WI AB138

WI AB138
Jailers and protective occupation annuitants in the Wisconsin Retirement System who are rehired by a participating employer. (FE)


summary

Introduced
03/17/2025
In Committee
05/29/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

Under current law, certain persons who receive a retirement or disability annuity from the Wisconsin Retirement System and who are hired by an employer that participates in the WRS must suspend that annuity and may not receive a WRS annuity payment until the employee is no longer in a WRS-covered position. This suspension applies to a person who 1) has reached his or her normal retirement date; 2) is appointed to a position with a WRS-participating employer or provides employee services to a WRS-participating employer; and 3) is expected to work at least two-thirds of what is considered full-time employment by the Department of Employee Trust Funds. This bill creates an exception to this suspension for an annuitant who retired from employment with a participating employer and who is subsequently rehired or provides employee services after retirement if 1) at the time the annuitant initially retires from covered employment with a participating employer, the annuitant does not have an agreement with any participating employer to return to employment; 2) the annuitant elects to not become a participating employee at the time the annuitant is rehired or enters into a contract after retirement; and 3) either the annuitant retired as a protective occupation participant or the annuitant retired as a county jailer who was not a protective occupation participant under the WRS. Under current law, a county jailer has the opportunity to opt out of becoming a protective occupation participant under the WRS. The bill treats county jailers who opt out of becoming a protective occupation participant in the same manner as county jailers who are protective occupation participants. 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 local fiscal estimate, which will be printed as an appendix to this bill.

AI Summary

This bill modifies the Wisconsin Retirement System (WRS) to create an exception to the current rule that requires annuitants (retirement benefit recipients) to suspend their annuity when rehired by a WRS-participating employer. Specifically, the bill allows certain retired county jailers and protective occupation participants to return to work without suspending their retirement benefits, provided that: 1) they did not have a pre-arranged agreement to return to work at the time of their initial retirement, 2) at least 75 days have passed since their termination of employment, and 3) they formally elect on a department-provided form to not become a participating employee again. The bill treats county jailers who opted out of protective occupation status the same as those who remained in that status. This change provides more flexibility for retired public safety workers and jailers who wish to return to work without losing their existing retirement benefits, potentially helping employers address staffing needs while allowing retirees to supplement their income. The bill's provisions will first apply to participants who terminate employment on the effective date of the legislation.

Committee Categories

Government Affairs

Sponsors (25)

Last Action

LRB correction (on 11/11/2025)

bill text


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