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Legislative Update


Draft legislation would allow WRS annuitants to return to work without suspending their annuities

by | Dec 19, 2023 | Legislative Update Blog, State Issue

State Rep. Robert Wittke (R-Racine, pictured), along with Sen. Dan Knodl (R-Germantown) and Rep. Joel Kitchens (R-Sturgeon Bay) circulated LRB-2040/5421 for cosponsorship last Friday. This bill draft would allow for certain participants of the Wisconsin Retirement System (WRS) to be rehired by participating employers, without having to suspend their annuities (pensions), for up to 60 months. Under current law, retired annuitants generally must suspend their annuity payments in order to return to work (which is a significant disincentive). As Wisconsin continues to face school personnel shortages of all kinds, retired staff is a pool of qualified individuals that can help districts fill positions. However, the current statutory language has made this a challenge.
WASB supports LRB-2040/5421 (WASB Resolution 4.37, see below), and we encourage school leaders to contact your state legislators and ask them to support this bill. The deadline for legislators to sign onto this bill is Thursday, December 21st. The more legislators that sign on to the bill, the more likely it will be able to move through the legislative process. The WASB thanks Rep. Wittke, Sen. Knodl, and Rep. Kitchens for authoring this proposal.
This proposal is different from recent legislative efforts to provide flexibility in a couple of areas: 1) the “break in service” requirement remains at the current law length of 75 days; 2) employers are required to make full WRS contributions for rehired annuitants; and 3) the aforementioned limit of 60 months that an annuitant can return to work. According to the authors, these provisions are designed to ensure retirements are legitimate and not an attempt to “double dip” (by receiving a salary and annuity), as well as safeguard the financial health of the WRS. While we realize the 75 days is a challenge for districts, legislation that would have shortened the break in service and not required employer contributions has not been successful in the legislature and we view this proposal as a good faith attempt to find a way forward on this issue. Read below for the text of the cosponsorship memo:

Employers across Wisconsin continue to struggle to find enough workers with the right skill set to fill an abundance of vacancies. Given our state’s demographic trends, this challenge is unlikely to be resolved soon. We must consider all avenues on how to recruit and retain workers across all sectors in all positions, including: police and fire departments, county and municipal governments, and school districts.

Under current law, certain people who receive a retirement or disability annuity from the Wisconsin Retirement System (WRS) and who are hired by an employer that participates in the WRS must suspend the annuity and may not receive a WRS annuity payment until the person is no longer in a WRS-covered position .

We asked the Department of Employee Trust Funds (ETF) to review our draft and provide feedback as to safeguarding the WRS relating to Return-to-Work (RTW) provisions. A break in service (BIS) requirement prior to rehire is currently 75 days. Evidence seems to indicate that the longer the waiting period – break in service – the more likely it is that the retirement would appear bona-fide to an external observer. We agree that moving to a shorter waiting period will tend to discourage hiring new people which would be detrimental to the WRS.

The bill would require full employer contributions for rehired annuitants, further preserving the WRS covered payroll base if the position taken by rehired retiree would have been filled by a new active member. The rehired retiree would not make contributions to the WRS.

LRB 2040 would afford an option for public sector employers to look at retirees and consider rehiring them to fill open positions within police and fire departments, county and municipal governments, and school districts. LRB 2040/5421 would provide important safeguards for the WRS as well.

If you would like to be added as a co-sponsor on LRB 2040/5421, please reply to this email by Thursday, December 21, or call the office of Rep. Wittke 9162 or Sen. Knodl 6-5830. You will be added to both assembly and senate versions unless you indicate otherwise.

  • 4.37 Rehiring Retired Teachers and Staff
    The WASB supports legislation to remove any impediments to rehiring retired teachers and staff. Policies and standards for rehiring retired staff should be set by each local school board. (2021-07)

 

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