LRB-3388/1
RAC:bjk:pg
2007 - 2008 LEGISLATURE
February 12, 2008 - Introduced by Senator Cowles, cosponsored by
Representative Kaufert. Referred to Joint Survey Committee on Retirement
Systems.
SB479,1,5
1An Act to amend 40.23 (1) (a) (intro.) and 40.71 (intro.); and
to create 40.23 (1)
2(ar), 40.25 (6), 40.63 (1) (e) and 40.71 (4) of the statutes;
relating to: prohibiting
3an elected official, who is convicted of certain felonies, from receiving an
4annuity, lump sum payment, or death benefit under the Wisconsin Retirement
5System.
Analysis by the Legislative Reference Bureau
This bill prohibits a supreme court justice, court of appeals judge, circuit judge
or a state, county, or municipal official elected by vote of the people, or a person
appointed to fill a vacancy in such a position, from receiving an annuity, lump sum
payment, or death benefit under the Wisconsin Retirement System if the person has
been convicted of a felony related to the performance of his or her duties while in
elective office. The prohibition first applies to convictions for offenses committed on
the bill's effective date.
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 state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB479, s. 1
1Section
1. 40.23 (1) (a) (intro.) of the statutes is amended to read:
SB479,2,72
40.23
(1) (a) (intro.) Except as provided in
par. pars. (am)
and (ar), any
3participant who has attained age 55, and any protective occupation participant who
4has attained age 50, on or before the annuity effective date shall be entitled to a
5retirement annuity in accordance with the actuarial tables in effect on the effective
6date of the annuity if the participant submits an application for a retirement annuity
7on a form furnished by the department and all of the following apply:
SB479, s. 2
8Section
2. 40.23 (1) (ar) of the statutes is created to read:
SB479,2,129
40.23
(1) (ar) Notwithstanding s. 40.19, a participant who is an elected official,
10as defined in s. 40.02 (24) (a) or (b), may not receive a retirement annuity if he or she
11has been convicted of a felony related to the performance of his or her duties while
12in elective office.
SB479, s. 3
13Section
3. 40.25 (6) of the statutes is created to read:
SB479,2,1714
40.25
(6) A participant who is an elected official, as defined in s. 40.02 (24) (a)
15or (b), may not be paid a lump sum payment under this section if he or she has been
16convicted of a felony related to the performance of his or her duties while in elective
17office.
SB479, s. 4
18Section
4. 40.63 (1) (e) of the statutes is created to read:
SB479,2,2119
40.63
(1) (e) If the participant is an elected official, as defined in s. 40.02 (24)
20(a) or (b), the participant has not been convicted of a felony related to the performance
21of his or her duties while in elective office.
SB479, s. 5
1Section
5. 40.71 (intro.) of the statutes is amended to read:
SB479,3,4
240.71 Death benefit eligibility. (intro.)
The Except as provided in sub. (4),
3the following described persons are entitled to death benefits from the Wisconsin
4retirement system, in the form and at the times specified:
SB479, s. 6
5Section
6. 40.71 (4) of the statutes is created to read:
SB479,3,96
40.71
(4) No person is entitled to a death benefit of a participant who is an
7elected official, as defined in s. 40.02 (24) (a) or (b), if the participant has been
8convicted of a felony related to the performance of his or her duties while in elective
9office.
SB479,3,1311
(1) This act first applies to participants in the Wisconsin Retirement System
12who are convicted of a felony for an offense committed on the effective date of this
13subsection.
