LRB-5111/1
MES:klm
2017 - 2018 LEGISLATURE
March 15, 2018 - Introduced by Representatives Subeck, Anderson, Bowen,
Brostoff, Hebl, Sargent, Sinicki, Zamarripa and Zepnick, cosponsored by
Senator Risser. Referred to Committee on Ways and Means.
AB1023,1,3 1An Act to amend 71.05 (1) (ae) (intro.), 71.05 (1) (an), 71.05 (6) (b) 4. and 71.83
2(1) (a) 6.; and to create 71.05 (1) (ad) of the statutes; relating to: exempting
3from taxation the federal pension benefits of certain retired federal employees.
Analysis by the Legislative Reference Bureau
This bill exempts from taxation all retirement payments received by an
individual from the U.S. Civil Service Retirement System (CSRS) or the Federal
Employees Retirement System (FERS), or both, to the extent that such payments are
not currently subject to an exemption.
Under current law, the pension benefits of certain public employees are exempt
from state taxation. The pensions that are exempt include payments received from
the CSRS, the U.S. Military Employee Retirement System, the Milwaukee City and
County Retirement Systems, the police officer's and fire fighter's annuity and benefit
fund of Milwaukee, the Milwaukee public school teachers' retirement fund, the
Wisconsin state teachers' retirement fund, and the sheriff's annuity and benefit fund
of Milwaukee County. For most of these pension plans, the exemption applies only
to persons who were members of or retired from the plans as of December 31, 1963,
although this limitation does not apply to retirement payments received from the
U.S. Military Employee Retirement System or from payments received from the U.S.
government that relate to service with the U.S. Coast Guard, the commissioned corps
of the National Oceanic and Atmospheric Administration, or the commissioned corps
of the U.S. Public Health Service.
Also under current law, up to $5,000 of payments or distributions received by
certain individuals from a qualified retirement plan under the Internal Revenue

Code, or from certain individual retirement accounts, are exempt from taxation. To
be eligible, the individual must be at least 65 years old and have federal adjusted
gross income under $15,000, or under $30,000 if married.
Under federal law, until 1984, employment by the federal government was
covered entirely under CSRS and not by social security. Federal employees who
began working for the federal government in 1984 or later are covered by CSRS and
Social Security, or by FERS, instead of entirely by the CSRS. In 1986, the federal
government created FERS. Some federal employees who had been covered by CSRS
switched to FERS, and some stayed in CSRS. Work under FERS is covered by social
security. Federal employees who remained in CSRS after 1983 are still not covered
by social security.
This bill exempts from taxation all payments received from CSRS or FERS, or
both, to the extent that such payments are not already exempt, and without regard
to whether the former employee was a member of or retired from CSRS as of
December 31, 1963.
Because this bill relates to an exemption from state or local taxes, it may be
referred to the Joint Survey Committee on Tax Exemptions 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:
AB1023,1 1Section 1 . 71.05 (1) (ad) of the statutes is created to read:
AB1023,2,52 71.05 (1) (ad) Federal employee pension income. All retirement payments
3received from the U.S. civil service retirement system or from the federal employees
4retirement system, or both, to the extent that such payments are not exempt under
5par. (a), (ae), or (an).
AB1023,2 6Section 2 . 71.05 (1) (ae) (intro.) of the statutes is amended to read:
AB1023,3,27 71.05 (1) (ae) Pension, individual retirement income. (intro.) Except for a
8payment that is exempt under par. (a), (ad), (am), or (an), or that is exempt as a
9railroad retirement benefit, for taxable years beginning after December 31, 2008, up
10to $5,000 of payments or distributions received each year by an individual from a
11qualified retirement plan under the Internal Revenue Code or from an individual

1retirement account established under 26 USC 408, if all of the following conditions
2apply:
AB1023,3 3Section 3 . 71.05 (1) (an) of the statutes is amended to read:
AB1023,3,84 71.05 (1) (an) Uniformed services retirement benefits. All retirement payments
5received from the U.S. government that relate to service with the coast guard, the
6commissioned corps of the national oceanic and atmospheric administration, or the
7commissioned corps of the public health service, to the extent that such payments are
8not exempt under par. (a), (ad), (ae), or (am).
AB1023,4 9Section 4 . 71.05 (6) (b) 4. of the statutes is amended to read:
AB1023,3,2110 71.05 (6) (b) 4. Disability payments other than disability payments that are
11paid from a retirement plan, the payments from which are exempt under sub. (1)
12(ad), (ae), (am), and (an), if the individual either is single or is married and files a joint
13return, to the extent those payments are excludable under section 105 (d) of the
14Internal Revenue Code as it existed immediately prior to its repeal in 1983 by section
15122 (b) of P.L. 98-21, except that if an individual is divorced during the taxable year
16that individual may subtract an amount only if that person is disabled and the
17amount that may be subtracted then is $100 for each week that payments are
18received or the amount of disability pay reported as income, whichever is less. If the
19exclusion under this subdivision is claimed on a joint return and only one of the
20spouses is disabled, the maximum exclusion is $100 for each week that payments are
21received or the amount of disability pay reported as income, whichever is less.
AB1023,5 22Section 5 . 71.83 (1) (a) 6. of the statutes is amended to read:
AB1023,4,323 71.83 (1) (a) 6. `Retirement plans.' Any natural person who is liable for a
24penalty for federal income tax purposes under section 72 (m) (5), (q), (t), and (v), 4973,
254974, 4975, or 4980A of the Internal Revenue Code is liable for 33 percent of the

1federal penalty unless the income received is exempt from taxation under s. 71.05
2(1) (a), (ad), or (ae). The penalties provided under this subdivision shall be assessed,
3levied, and collected in the same manner as income or franchise taxes.
AB1023,6 4Section 6 . Initial applicability.
AB1023,4,85 (1) This act first applies to taxable years beginning on January 1 of the year
6in which this subsection takes effect, except that if this subsection takes effect after
7July 31, this act first applies to taxable years beginning on January 1 of the year
8following the year in which this subsection takes effect.
AB1023,4,99 (End)
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