AB893,9,423 40.08 (3) Waivers. Any participant, beneficiary, or distributee of any estate
24may waive, absolutely and without right of reconsideration or recovery, the right to
25or the payment of all or any portion of any benefit payable or to become payable under

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1this chapter. The waiver shall be effective on the first day of the 2nd month
2commencing 30 days after it is received by the department or on the date specified
3in the waiver, if later earlier. The waiver may be cancelled by the participant,
4beneficiary, or distributee in writing before the effective date.

AB893,9,206 40.08 (4) Retention of payments. Unless voluntarily repaid and except as
7limited by sub. (10), the department may retain out of any annuity or benefit an
8amount as the department in its discretion may determine, for the purpose of
9reimbursing the appropriate benefit plan accounts for a balance due under s. 40.25
10(5) or for any money paid, plus interest at the effective rate of the core annuity
11division assumed rate, unless the department sets a different rate by rule, to any
12person or estate, through misrepresentation, fraud, or error. Upon the request of the
13department any employer shall withhold from any sum payable by the employer to
14any person or estate and remit to the department any amount, plus interest at the
15effective rate of the core annuity division assumed rate, unless the department sets
16a different rate by rule, which the department paid to the person or estate through
17misrepresentation, fraud, or error. Any amount, plus interest at the effective rate
18assumed rate, unless the department sets a different rate by rule, not recovered by
19the department from the employer may be procured by the department by action
20brought against the person or estate.

AB893,9,2422 40.08 (6) (e) In accordance with rules promulgated by the department, and at
23the rate of interest established by rule, the department may credit interest on
24moneys refunded or credited under this subsection.

AB893,10,11

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140.24 (1) (e) A reduced annuity payable in the normal form or any of the
2optional life forms provided under this section, plus a temporary annuity payable
3monthly but terminating with the payment payable in the month following the
4month in which the annuitant attains age 62 or, if earlier, on the death of the
5annuitant. If the annuitant dies before the end of the final payment, the remaining
6payments of the temporary annuity certain shall be made to the named survivor or,
7if there is no living named survivor, in accordance with s. 40.73 (2) to the annuitant's
8beneficiary. It is the intent of this option that so far as is practicable the amounts
9of the life annuity and temporary annuity shall be determined so that the annuitant's
10total anticipated benefits from the fund and from his or her primary OASDHI benefit
11will be the same each month both before and after attainment of age 62.

AB893,11,313 40.25 (5) (b) The full amount of the benefit paid, plus interest at the effective
14rate assumed rate, unless the department sets a different rate by rule, shall be repaid
15to the Wisconsin retirement system by the employer of an employee whose rights and
16creditable service are reestablished under par. (a) within 60 days after the effective
17date of the employee's reinstatement. The amount repaid by the employer under this
18paragraph shall be deducted by the employer from any payment due the employee
19as a result of the resolution of the appeal or, if that amount is insufficient, the balance
20shall be deducted from the employee's earnings except the amount deducted from
21each earnings payment shall be not less than 10% nor more than 25% of the earnings
22payment. If the employee terminates employment the employer shall notify the
23department of the amount not yet repaid, including any interest due, at the same
24time it notifies the department of the termination of employment, and the
25department shall repay to the employer the balance of the amount due from

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1retentions made under s. 40.08 (4). The employer may charge interest at a rate not
2in excess of the current year's assumed rate on any amount unpaid at the end of any
3calendar year after the year of reinstatement.

AB893,11,155 40.65 (3) The Wisconsin retirement board shall determine the amount of each
6monthly benefit payable under this section and its effective date. The board shall
7periodically review the dollar amount of each monthly benefit and adjust it to
8conform with the provisions of this section. The board may request any income or
9benefit information, or any information concerning a person's marital status, which
10it considers to be necessary to implement this subsection and shall may require a
11participant to submit a certified authorize the board to obtain a copy of his or her
12most recent state or federal income tax return. The board may terminate the
13monthly benefit of any person who refuses to submit information requested by the
14board, who refuses to authorize the board to obtain a copy of his or her most recent
15state or federal income tax return, or who submits false information to the board.

AB893,11,2117 40.70 (1) (b) The employee files with the department an application in the
18manner provided by rule or contract, to be effective on a date fixed by the department,
19for one or more of the types of coverage established under this subchapter. The group
20insurance board may provide a different method of enrollment than provided under
21this subsection.

AB893,12,523 40.70 (6) Except as provided in sub. (7m), any employee who has not applied
24for coverage under sub. (1) within 6 months the time period specified by rule or
25contract after becoming eligible for coverage or any employee whose insurance

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1terminates under sub. (8) shall not thereafter become insured for that coverage
2unless prior to the attainment of age 55 the employee furnishes evidence of
3insurability satisfactory to the insurer, at his or her own expense. If the evidence is
4approved, the employee shall become insured on the first day of the first month
5beginning after the approval.

AB893,12,127 40.73 (3) (e) Any beneficiary who is eligible to receive a beneficiary annuity
8may elect to receive the annuity in any of the optional annuity forms provided for
9retirement annuities, other than as an annuity under s. 40.24 (1) (c) or any annuity
10payable over the joint life expectancies of the beneficiary and another person. The
11number of guaranteed monthly payments available to a beneficiary may not exceed
12the life expectancy of the beneficiary.

AB893,13,314 40.74 (2) A beneficiary of a deceased participant, annuitant, alternate payee,
15beneficiary, or employee may waive absolutely and without right of reconsideration
16or recovery all or part of any benefit payable under this chapter. The beneficiary
17shall then be determined as if the waiving beneficiary had died prior to the decedent
18except that if the person was a beneficiary under group 2 under s. 40.02 (8) (a) 2.,
19payment shall be made as if at least one child had survived the participant, alternate
20payee, beneficiary, employee, or annuitant. Unless the department receives the
21beneficiary's written request to cancel the waiver before the date on which it would
22otherwise become effective, the waiver shall be effective on the first day of the 2nd
23month commencing 30 days after it is received by the department or the date
24specified in the waiver, if later earlier. The waiver may be cancelled by the
25beneficiary in writing before the effective date. A waiver received after the effective

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1date on which a beneficiary has commenced a monthly annuity under s. 40.73 (2) or
2(3) shall apply to monthly payments payable after the effective date of the waiver.
3Payment shall be subject to the restrictions specified in s. 40.73 (2) (b).

AB893,13,95 40.74 (6) Any potential primary beneficiary under s. 40.02 (8) who cannot be
6located by reasonable efforts within 12 months after the later of the date of death of
7the participant or the date on which the department determines the person, trust,
8or estate initially became a potential primary beneficiary may be treated as a
9beneficiary that predeceased the participant and all other potential beneficiaries.

AB893,13,1511 40.74 (7) A trust that does not exist on the date of the participant's death or an
12estate not opened or reopened within 12 months after the department determines the
13estate initially became a potential primary beneficiary under s. 40.02 (8) may be
14treated as a beneficiary that predeceased the participant and all other potential
15beneficiaries.

AB893,13,2218 40.08 (1r) Notwithstanding s. 40.08 sub. (1), a participant's accumulated
19assets held in an account in the deferred compensation plan established under this
20subchapter subch. VII may be divided, in the manner provided by the deferred
21compensation board and under s. 40.80 (2r), pursuant to a domestic relations order,
22as defined under s. 40.80 (2r) (a).