Wisconsin Code § 40.05

Contributions and premiums
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(1) EMPLOYEE RETIREMENT CONTRIBUTIONS. For Wisconsin retirement system
purposes employee contributions on earnings for service credited
as creditable service shall be subject to federal annual compensation limits and shall be made as follows:
(a) Subject to par. (b):
1. For each participating employee not otherwise specified, a
percentage of each payment of earnings equal to one-half of the
total actuarially required contribution rate, as approved by the
board under s. 40.03 (1) (e).
2. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 2., a percentage of each payment
of earnings equal to one-half of the total actuarially required contribution rate, as approved by the board under s. 40.03 (1) (e).
3. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 3. , the percentage of earnings
paid by a participating employee under subd. 1.
4. For each participating employee whose formula rate is determined under s. 40.23 (2m) (e) 4. , the percentage of earnings
paid by a participating employee under subd. 1.
5. Additional contributions may be made by any participating employee by deduction from earnings or otherwise or may be
provided on behalf of any participating employee in any calendar
year in which the participating employee has earnings, subject to
any limitations imposed on contributions by the Internal Revenue
Code, applicable regulations adopted under the Internal Revenue
Code and rules of the department.
6. Under the rules promulgated under s. 40.03 (2) (r), additional contributions that are attributable to a death benefit paid
under s. 40.73 may be made to the core annuity division by any
participant by rollover contribution of a payment or distribution
from a pension or annuity qualified under section 401 of the Internal Revenue Code, subject to any limitations imposed on contributions by the Internal Revenue Code, applicable regulations
adopted under the Internal Revenue Code, and rules of the
department.
7. For a county jailer covered under subd. 3., the percentage
of earnings equal to the total actuarially required contribution
rate, as approved by the board under s. 40.03 (1) (e), for a participating employee whose formula rate is determined under s. 40.23
(2m) (e) 3., less the contribution rate paid by the employer for a
county jailer under sub. (2) (a). Contributions under this section
for an employee who first becomes a participating employee as a
county jailer in a county that did not classify county jailers as
protective occupation participants on January 1, 2024, and is certified as a protective occupation participant on or after January 1,
2024, shall be made by a reduction in salary and, for tax purposes, shall be treated as employer contributions under section
414 (h) (2) of the Internal Revenue Code. Such a participating
employee may not elect to have contributions required by sub. (2)

(a) paid directly to the employee or make a cash or deferred election with respect to the contributions. Employees who are participating employees on January 1, 2024, and who are first certified
as protective occupation participants in a county jailer position
on or after January 1, 2024, in a county that did not classify
county jailers as protective occupation participants on January 1,
2024, shall make the contribution under this section on a post-tax
basis. For employees who are employed as county jailers in a
county that classified county jailers as protective occupation participants on January 1, 2024, the county may at a subsequent date
determine to categorize county jailers as general participating
employees. In such instance, a county jailer who is employed by
the county on the date the county determines to categorize county
jailers as general participating employees may make a onetime irrevocable election to not be a protective occupation participant.
A county jailer in such a county who opts to remain a protective
occupation participant shall make the contribution under this section on a post-tax basis. A county jailer who is first hired as a
county jailer by such a county after the date the county determines to categorize county jailers as general participating employees may make a onetime irrevocable election to not become a
protective occupation participant. A county jailer who is first
hired as a county jailer by such a county after the date the county
determines to categorize county jailers as general participating
employees and who opts to become a protective occupation participant shall make the contribution under this section on a pretax basis.
(b) 1. Except as otherwise provided in a collective bargaining
agreement entered into under subch. IV or V of ch. 111 and except as provided in subd. 2., an employer may not pay, on behalf
of a participating employee, any of the contributions required by
par. (a). Except as provided in subd. 1a., the contributions required by par. (a) shall be made by a reduction in salary and, for
tax purposes, shall be considered employer contributions under
section 414 (h) (2) of the Internal Revenue Code. A participating
employee may not elect to have contributions required by par. (a)
paid directly to the employee or make a cash or deferred election
with respect to the contributions.
1a. Contributions under par. (a) 7. that are made by county
jailers who are first certified as protective occupation participants
on or after January 1, 2024, and who are employed in a county
that did not classify county jailers as protective occupation participants on January 1, 2024, shall be treated as employee
contributions.
2. a. A municipal employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee or
a nonrepresented managerial employee described in s. 111.70 (1)
(mm) 2., who was initially employed by the municipal employer
before July 1, 2011, the same contributions required by par. (a)
that are paid by the municipal employer for represented law enforcement or fire fighting personnel or personnel described in s.
111.70 (1) (mm) 2. who were initially employed by the municipal
employer before July 1, 2011.
b. An employer shall pay, on behalf of a nonrepresented
managerial employee in a position described under s. 40.02 (48)
(am) 7. or 8., who was initially employed by the state before July
1, 2011, in a position described under s. 40.02 (48) (am) 7. or 8.
the same contributions required by par. (a) that are paid by the
employer for represented employees in positions described under
s. 40.02 (48) (am) 7. or 8. who were initially employed by the
state before July 1, 2011.
c. A municipal employer shall pay, on behalf of a represented
law enforcement or fire fighting employee or employee described
in s. 111.70 (1) (mm) 2., who was initially employed by the municipal employer before July 1, 2011, and who on or after July 1,
2011, became employed in a nonrepresented law enforcement or
fire fighting managerial position or nonrepresented managerial
position described in s. 111.70 (1) (mm) 2. with the same municipal employer, or a successor municipal employer in the event of
a combined department that is created on or after July 1, 2011,
the same contributions required by par. (a) that are paid by the
employer for represented law enforcement or fire fighting personnel or personnel described in s. 111.70 (1) (mm) 2. who were initially employed by a municipal employer before July 1, 2011.
(2) EMPLOYER RETIREMENT CONTRIBUTIONS. For Wisconsin
retirement system purposes and subject to federal annual compensation limits:
(a) Each participating employer shall make contributions for
current service determined as a percentage of the earnings of
each participating employee, determined as though all employees
of all participating employers were employees of a single employer, but with a separate percentage rate determined for the employee occupational categories specified under s. 40.23 (2m). A
separate percentage shall also be determined for subcategories
within each category determined by the department to be necessary for equity among employers.
(am) The percentage of earnings under par. (a) shall be determined on the basis of the information available at the time the determinations are made and on the assumptions the actuary recommends and the board approves by dividing the amount determined by subtracting from the then present value of all future
benefits to be paid or purchased from the employer accumulation
reserve on behalf of the then participants the amount then credited to the reserve for the benefit of the members and the present
value of future unfunded prior service liability contributions of
the employers under par. (b) by the present value of the prospective future compensation of all participants.
(ap) The contributions under par. (a) that are required to be
paid by a participating employer for a county jailer whose formula rate is determined under s. 40.23 (2m) (e) 3. shall be a percentage of earnings equal to one-half of the total actuarially required contribution rate, as approved by the board under s. 40.03
(1) (e), for an employee whose formula rate is determined under
s. 40.23 (2m) (e) 1. This paragraph applies only to contributions
paid for a county jailer who becomes a protective occupation participant on or after January 1, 2024, and is one of the following:
1. Employed in a county that did not classify county jailers as
protective occupation participants on January 1, 2024.
2. Employed in a county that classified county jailers as protective occupation participants on January 1, 2024, and the
county subsequently determines to not classify county jailers as
protective occupation participants and instead classify county
jailers as general participating employees.
(ar) 1. Except as provided in subd. 2., participating employers
of employees subject to s. 40.65 shall contribute an additional
percentage or percentages of those employees’ earnings based on
the experience rates determined to be appropriate by the board
with the advice of the actuary.
2. County jailers who are first hired as protective occupation
participants on or after January 1, 2024, in a county that did not
classify county jailers as protective occupation participants on
January 1, 2024, may make the contribution under subd. 1. on a
pre-tax basis, in lieu of their employers making the contribution.
County jailers who are first certified as protective occupation participants on or after January 1, 2024, in a county that did not classify county jailers as protective occupation participants on January 1, 2024, shall make the contribution under subd. 1. on a posttax basis, in lieu of their employers making the contribution. For
employees who are employed as county jailers in a county that
classified county jailers as protective occupation participants on
January 1, 2024, the county may at a subsequent date determine

to categorize county jailers as general participating employees.
In such instance, a county jailer who is employed by the county
on the date the county determines to categorize county jailers as
general participating employees may make a onetime irrevocable
election to not be a protective occupation participant. A county
jailer in such a county who opts to remain a protective occupation
participant shall make the contribution under subd. 1. on a posttax basis. A county jailer who is first hired as a county jailer by
such a county after the date the county determines to categorize
county jailers as general participating employees may make a
onetime irrevocable election to not become a protective occupation participant. A county jailer who is first hired as a county
jailer by such a county after the date the county determines to categorize county jailers as general participating employees and
who opts to become a protective occupation participant shall
make the contribution under subd. 1. on a pre-tax basis.
(aw) For purposes of this subsection, the participating employer of an employee subject to s. 40.65 who is on a deployment,
training, or readiness exercise as the member of an urban search
and rescue task force under a contract under s. 323.72 (1) is the
local agency, and the local agency shall contribute any additional
percentage or percentages related to the deployment, training, or
readiness exercises under a contract under s. 323.72 (1) as calculated by the actuary under s. 40.03 (5) (c). A local agency may
seek reimbursement from the department of military affairs under s. 323.72 (2m).
(ax) For purposes of this subsection, the participating employer of an employee subject to s. 40.65 who is responding to an
emergency involving a level A release, or a potential level A release, as a member of a regional emergency response team under
a contract under s. 323.70 (2) is the local agency, and the local
agency shall contribute any additional percentage or percentages
related to response to an emergency involving a level A release, or
a potential level A release, under a contract under s. 323.70 (2) as
calculated by the actuary under s. 40.03 (5) (c). A local agency
may seek reimbursement from the department of military affairs
under s. 323.70 (3m).
(b) Contributions shall be made by each participating employer for unfunded prior service liability in a percentage of the
earnings of each participating employee. A separate percentage
rate shall be determined for the employee occupational categories
under s. 40.23 (2m) as of the employer’s effective date of participation. The rates shall be sufficient to amortize as a level percent
of payroll over a period of 30 years from the later of that date or
January 1, 1986, the unfunded prior service liability for the categories of employees of each employer determined under s. 40.05
(2) (b), 1981 stats., increased to reflect any creditable prior service granted on or after January 1, 1986, increased to reflect the
effect of 1983 Wisconsin Act 141 , increased at the end of each
calendar year after January 1, 1986, by interest at the assumed
rate on the unpaid balance at the end of the year and adjusted under pars. (bu), (bv) and (bw).
(bg) Contributions of amounts under par. (b) may be made in
advance to reduce an employer’s existing unfunded prior service
liability.
(bm) Contributions under par. (b) for each category of employee shall be made until full payment of that employer’s unfunded prior service liability for all categories is made.
(br) The contribution under par. (b) by an employer in any calendar year before full payment of the unfunded prior service liability determined under par. (bm) may not be less than the dollar
amount determined to be necessary in the first calendar year of
the amortization schedule established by par. (b).
(bt) The department may reallocate prior service liability
from one employer to another and adjust as necessary the contribution rates established under par. (b) to reflect transfers of responsibilities and employees among different employers.
(bu) The employer contribution rate determined under par. (b)
for each employer shall be adjusted, if necessary, to reflect the
added prior service liability of paying additional joint and survivor death benefits to beneficiaries of participating employees as
a result of 1997 Wisconsin Act 58 and that rate shall be sufficient
to amortize the unfunded prior service liability of the employers
over the remainder of the 40-year amortization period under s.
40.05 (2) (b), 2005 stats.
(bv) The employer contribution rate determined under par. (b)
for participating employees who served in the U.S. maritime service shall be adjusted to reflect the cost of granting creditable service under s. 40.02 (15) (a) 7. and that rate shall be sufficient to
amortize the unfunded prior service liability of the employers
over the remainder of the 40-year amortization period under s.
40.05 (2) (b), 2005 stats.
(bw) The employer contribution rate determined under par.
(b) for the University of Wisconsin System shall be adjusted to reflect the cost of granting creditable service under s. 40.285 (2) (e)
and that rate shall be sufficient to amortize the unfunded prior
service liability of the employers over the remainder of the 40year amortization period under s. 40.05 (2) (b), 2005 stats.
(bz) The employer contribution rate determined under par. (b)
for the department of administration shall be adjusted to reflect
the cost of granting creditable service under s. 40.02 (17) (gm)
and that rate shall be sufficient to amortize the unfunded prior
service liability of the department of administration over the remainder of the 40-year amortization period under s. 40.05 (2) (b),
2005 stats.
(c) The percentage rates determined under this subsection
shall become effective as of the beginning of the calendar year to
which they are applicable and shall remain in effect during the
calendar year, except that the secretary, upon the written certification of the actuary, may change any percentage determined under par. (b) during any calendar year for the purpose of reflecting
any reduced obligation which results from any payment of advance contributions.
(cm) The department may adjust the unfunded prior service
liability balance of the Wisconsin retirement system under par.
(b) and of each employer that makes contributions under par. (b)
to reflect any changes in the assumed rate and the assumption for
across-the-board salary increases specified in s. 40.02 (7) and any
other factor specified by the actuary if the actuary recommends
and the board approves the changes or if otherwise provided by
law.
(d) The amount of each employer’s monthly contribution
shall be the sum of the amounts determined by applying the
proper percentage rates as determined in accordance with pars.
(a) and (b) to the total of all earnings paid to participating employees on each payday.
(f) Whenever the existence of any participating employer is
terminated because of consolidation or for any other reason, the
employer who thereafter has responsibility for the governmental
functions of the previous employer shall be liable for all contributions payable by the previous employer in the following manner:
1. If the territory of the previous employer is attached to 2 or
more employers, the total liability of the previous employer shall
be allocated to the new employers in proportion to the equalized
valuation of each area so attached.
2. Whenever the existence of any participating employer,
who was an instrumentality of 2 or more employers, is terminated
for any reason and there is no territory to be divided, the liability
for contributions of the previous employer shall be divided be-

tween the sponsoring employers in the same proportion as the net
assets of the terminating employer are divided.
3. If the department determines that it is not feasible to allocate the liability as provided in subd. 1. or 2., then the liability
shall be allocated in proportion to the equalized valuation of the
remaining employers.
4. The amount of the allocations to the respective employers
shall be certified by the department to each employer.
5. If the employer to whom such an allocation is made is or
becomes a participating employer the allocations so certified
shall be added to the liability otherwise determined for the employer and the amortization schedule provided for under par. (b)
adjusted so that the required annual amount shall approximate the
sum of the annual amounts otherwise required.
6. If the employer who becomes responsible for any part of
the liability of the previous employer is not a participating employer the contributions required to liquidate the allocated liability shall be made by the successor employer in equal quarterly
payments sufficient to liquidate the allocated liability over the remainder of the amortization period.
7. If an allocation based on equalized valuation is required
by this paragraph, the equalized valuations used shall be the valuation determined for the calendar year immediately preceding the
calendar year in which the allocation is required to be made by
this paragraph.
8. If it is not possible to apply the procedures under this paragraph, the terminating employer and any successor employer
shall immediately pay the full outstanding prior service liability
balance unless an agreement for a different procedure is approved
by the department.
(g) 1. A participating employer may make contributions as
provided in its compensation agreements for any participating
employee in addition to the employer contributions required by
this subsection. The additional employer contributions made under this paragraph shall be available for all benefit purposes and
shall be administered and invested on the same basis as employee
additional contributions made under sub. (1) (a) 5., except that ss.
40.24 (1) (f), 40.25 (4), and 40.285 (2) (a) 1. c. do not apply to additional employer contributions made under this paragraph.
2. Under the rules promulgated under s. 40.03 (2) (r), a participant may, as a payout option for the deferred compensation
plan established under subch. VII, elect to have the entire balance
in the participant’s account under subch. VII treated as an additional contribution to the core annuity division, subject to any
limitations imposed on contributions by the Internal Revenue
Code, applicable regulations adopted under the Internal Revenue
Code, and rules of the department. Additional contributions under this subdivision shall be available for all benefit purposes and
shall be administered and invested on the same basis as employee
additional contributions, except that ss. 40.24 (1) (f) and 40.25
(4) do not apply to additional contributions under this subdivision and s. 40.26 does not apply to an annuity received from additional contributions under this subdivision.
(i) If an annuity is calculated under s. 40.02 (42) (f) , 1987
stats., the employer shall pay to the department the difference, as
determined by the department, between the actuarial cost of the
annuity which would have been paid if the employer had not
elected under s. 42.245 (2) (bm), 1979 stats., or s. 42.78 (2) (bm),
1979 stats., or s. 40.02 (42) (f) 2., 1987 stats., and the actual cost
of the annuity payable. The amount payable shall be paid to the
department in 3 equal annual payments, plus interest at the effective rate unless the employer pays the full amount due. Each annual payment is due and shall be included with the first payment
made under s. 40.06 (1) in each fiscal year after the annuity effective date. The amount so paid shall be credited as employer required contributions.
(2r) ANNUAL CONTRIBUTIONS LIMITATIONS; DISQUALIFICATION PROCEDURE. (a) Contributions made under this section are
subject to the limitations under s. 40.32 and the Internal Revenue
Code.
(b) If a participant in the Wisconsin retirement system also
participates in a different retirement plan offered by an employer
that is subject to section 401 of the Internal Revenue Code and
the internal revenue service seeks to disqualify one or more of the
plans because the aggregate contributions to the plans exceed the
contribution limits under section 415 of the Internal Revenue
Code, the internal revenue service, if it permits state law to determine the order of disqualification of such retirement plans, shall
disqualify the retirement plans in the following order:
1. Retirement plans offered and administered by the
employer.
2. Retirement plans offered by the employer, but administered by the department.
3. The Wisconsin retirement system.
(3) SOCIAL SECURITY CONTRIBUTIONS. Each employer included under an agreement made under subch. III shall make the
contributions required under federal regulations and shall also
withhold from the wages of each of its employees who are covered by the state-federal agreement provided for by subch. III the
amount required to be withheld under federal regulations.
(4) HEALTH INSURANCE PREMIUMS. (a) 1. For health insurance, each insured employee and insured retired employee shall
contribute the balance of the required premium amounts after applying required employer contributions, if any.
2. For an insured employee who is an eligible employee under s. 40.02 (25) (a) 2. or (b) 1m. or 2c., the employer shall pay required employer contributions toward the health insurance premium of the insured employee beginning on the date on which
the employee becomes insured. For an insured state employee
who is currently employed, but who is not a limited term appointment under s. 230.26 or an eligible employee under s. 40.02 (25)
(a) 2. or (b) 1m. or 2c., the employer shall pay required employer
contributions toward the health insurance premium of the insured
employee beginning on the first day of the 3rd month beginning
after the date on which the employee begins employment with the
state, not including any leave of absence. For an insured employee who has a limited term appointment under s. 230.26, the
employer shall pay required employer contributions toward the
health insurance premium of the insured employee beginning on
the first day of the 7th month beginning after the date on which
the employee first becomes a participating employee.
3. The employer shall continue to pay required employer
contributions toward the health insurance premium of an insured
employee while the insured employee is on a leave of absence, as
follows:
a. Only for the first 3 months of the leave of absence, except
as provided in subd. 3. b.
b. Unless otherwise provided in the compensation plan under
s. 230.12, for the entire leave of absence if the insured employee
is receiving temporary disability compensation under s. 102.43.
(ad) For health insurance, each insured retired employee who
elects coverage under s. 40.51 (10), (10m) or (16) shall pay the
entire amount of the required premiums, except as provided in
par. (bc).
(ag) Except as otherwise provided in a collective bargaining
agreement under subch. V of ch. 111, the employer shall pay for
its currently employed insured employees:
1. For insured part-time employees other than employees

specified in s. 40.02 (25) (b) 2. , including those in project positions as defined in s. 230.27 (1), who are appointed to work less
than 1,040 hours per year, an amount determined annually by the
administrator of the division of personnel management in the department of administration under par. (ah).
2. For eligible employees not specified in subd. 1. and s.
40.02 (25) (b) 2., an amount not more than 88 percent of the average premium cost of plans offered in each tier under s. 40.51 (6),
as determined annually by the administrator of the division of
personnel management in the department of administration under
par. (ah).
(ah) 1. Annually, the administrator of the division of personnel management in the department of administration shall establish the amount that employees are required to pay for health insurance premiums in accordance with the maximum employer
payments under par. (ag).
2. For purposes of establishing the amount that employees
are required to pay for health insurance premiums, if a tier under
s. 40.51 (6) contains no health insurance plans, but that tier is
used to establish the premium amounts for employees who work
and reside outside of the state, the amount these employees are
required to pay shall be based on the premium contribution
amount for that tier in the prior year, adjusted by the average percentage change of the premium contribution amount of the other
tiers from the prior year.
3. A craft employee shall pay 100 percent of health insurance
premiums, unless otherwise determined by the administrator of
the division of personnel management in the department of
administration.
4. Annually, the administrator of the division of personnel
management in the department of administration shall determine
the amount of contributions, if any, that the state must contribute
into an employee’s health savings account under s. 40.515 and the
amount that employees are required to pay for health insurance
premiums for a high-deductible health plan under s. 40.515.
(at) An employer shall pay, on behalf of a nonrepresented
managerial employee in a position described under s. 40.02 (48)
(am) 7. or 8., who was initially employed by the state before July
1, 2011, the same premium contribution rates required by par.
(ag) that are paid by the employer for represented employees in
positions described under s. 40.02 (48) (am) 7. or 8. who were
initially employed by the state before July 1, 2011.
(b) Except as provided under pars. (bc) and (bp), accumulated
unused sick leave under ss. 13.121 (4), 36.30, 230.35 (2), 233.10,
238.04 (8), and 757.02 (5) and subch. V of ch. 111 of any eligible
employee shall, at the time of death, upon qualifying for an immediate annuity or for a lump sum payment under s. 40.25 (1) or
upon termination of creditable service and qualifying as an eligible employee under s. 40.02 (25) (b) 6. or 10., be converted, at the
employee’s highest basic pay rate he or she received while employed by the state, to credits for payment of health insurance premiums on behalf of the employee or the employee’s surviving insured dependents. Any supplemental compensation that is paid
to a state employee who is classified under the state classified
civil service as a teacher, teacher supervisor, or education director
for the employee’s completion of educational courses that have
been approved by the employee’s employer is considered as part
of the employee’s basic pay for purposes of this paragraph. The
full premium for any eligible employee who is insured at the time
of retirement, or for the surviving insured dependents of an eligible employee who is deceased, shall be deducted from the credits
until the credits are exhausted and paid from the account under s.
40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall provide for the direct
payment of premiums by the insured to the insurer if the premium
to be withheld exceeds the annuity payment. Upon conversion of
an employee’s unused sick leave to credits under this paragraph
or par. (bf), the employee or, if the employee is deceased, the employee’s surviving insured dependents may initiate deductions
from those credits or may elect to delay initiation of deductions
from those credits, but only if the employee or surviving insured
dependents are covered by a comparable health insurance plan or
policy during the period beginning on the date of the conversion
and ending on the date on which the employee or surviving insured dependents later elect to initiate deductions from those
credits. If an employee or an employee’s surviving insured dependents elect to delay initiation of deductions from those credits, an employee or the employee’s surviving insured dependents
may only later elect to initiate deductions from those credits during the annual enrollment period under par. (be). A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the
standard health insurance plan established under s. 40.52 (1).
(bc) The accumulated unused sick leave of an eligible employee under s. 40.02 (25) (b) 6e. or 6g. shall be converted to
credits for the payment of health insurance premiums on behalf
of the employee on the date on which the department receives the
employee’s application for a retirement annuity or for lump sum
payment under s. 40.25 (1). The employee’s unused sick leave
shall be converted at the eligible employee’s highest basic pay
rate he or she received while employed by the state. The full premium for the employee, or for the surviving insured dependents
of the employee if the employee later becomes deceased, shall be
deducted from the credits until the credits are exhausted and paid
from the account under s. 40.04 (10), and then deducted from annuity payments, if the annuity is sufficient. The department shall
provide for the direct payment of premiums by the insured to the
insurer if the premium to be withheld exceeds the annuity
payment.
(be) The department shall establish an annual enrollment period during which an employee or, if the employee is deceased, an
employee’s surviving insured dependents may elect to initiate or
delay continuation of deductions from the employee’s sick leave
credits under par. (b). An employee or surviving insured dependent may elect to continue or delay continuation of such deductions any number of times. If an employee or surviving insured
dependent has initiated the deductions but later elects to delay
continuation of the deductions, the employee or surviving insured
dependent must be covered by a comparable health insurance
plan or policy during the period beginning on the date on which
the employee or surviving insured dependent delays continuation
of the deductions and ending on the date on which the employee
or surviving insured dependent later elects to continue the deductions. A health insurance plan or policy is considered comparable if it provides hospital and medical benefits that are substantially equivalent to the standard health insurance plan established
under s. 40.52 (1).
(bf) Any eligible employee who was granted credit under s.
230.35 (1) (gm) for service as a national guard technician, who,
on December 31, 1965, had accumulated unused sick leave that
was based on service performed in this state as a national guard
technician before January 1, 1966, and who is a participating employee or terminated all creditable service after June 30, 1972,
or, if the eligible employee is deceased, the surviving insured dependents of the eligible employee, may have that accumulated unused sick leave converted to credits for the payment of health insurance premiums on behalf of the eligible employee or the surviving insured dependents if, not later than November 30, 1996,
the eligible employee or the surviving insured dependents submit
to the department, on a form provided by the department, an application for the conversion. The application shall include evi-

dence satisfactory to the department to establish the applicant’s
rights under this paragraph and the amount of the accumulated
unused sick leave that is eligible for the conversion. The accumulated unused sick leave shall be converted under this paragraph, at
the eligible employee’s highest basic pay rate he or she received
while employed by the state, on the date of conversion specified
in par. (b) or on the last day of the 2nd month beginning after the
date on which the department receives the application under this
paragraph, whichever is later. Deductions from those credits,
elections to delay initiation of those deductions and premium
payments shall be made as provided in par. (b).
(bm) Except as provided under par. (bp), accumulated unused
sick leave under ss. 36.30 and 230.35 (2), 233.10, or 238.04 (8) of
any eligible employee shall, upon request of the employee at the
time the employee is subject to layoff under s. 40.02 (40), be converted at the employee’s highest basic pay rate he or she received
while employed by the state to credits for payment of health insurance premiums on behalf of the employee. Any supplemental
compensation that is paid to a state employee who is classified
under the state classified civil service as a teacher, teacher supervisor or education director for the employee’s completion of educational courses that have been approved by the employee’s employer is considered as part of the employee’s basic pay for purposes of this paragraph. The full amount of the required employee contribution for any eligible employee who is insured at
the time of the layoff shall be deducted from the credits until the
credits are exhausted, the employee is reemployed, or 5 years
have elapsed from the date of layoff, whichever occurs first.
(bp) 1. Except as provided in subds. 2. and 3., for sick leave
which accumulates beginning on August 1, 1987, conversion under par. (b) or (bm) of accumulated unused sick leave under s.
36.30 to credits for payment of health insurance premiums shall
be limited to the annual amounts of sick leave specified in this
subdivision. For faculty and academic staff personnel who are
appointed to work 52 weeks per year, conversion is limited to 8.5
days of sick leave per year. For faculty and academic staff personnel who are appointed to work 39 weeks per year, conversion
is limited to 6.4 days of sick leave per year. For faculty and academic staff personnel not otherwise specified, conversion is limited to a number of days of sick leave per year to be determined by
the secretary by rule, in proportion to the number of weeks per
year appointed to work.
2. The limits on conversion of accumulated unused sick
leave which are specified under subd. 1. may be waived for nonteaching faculty who are appointed to work 52 weeks per year and
nonteaching academic staff personnel if the secretary of administration determines that a sick leave accounting system comparable to the system used by the state for employees in the classified
service is in effect at the institution, as defined in s. 36.05 (9), and
if the institution regularly reports on the operation of its sick
leave accounting system to the board of regents of the University
of Wisconsin System.
3. The limits on conversion of accumulated unused sick
leave which are specified under subd. 1. may be waived for teaching faculty or teaching academic staff at any institution, as defined in s. 36.05 (9), if the secretary of administration determines
all of the following:
a. That administrative procedures for the crediting and use of
earned sick leave for teaching faculty and teaching academic staff
on a standard comparable to a scheduled 40-hour work week are
in operation at the institution.
b. That a sick leave accounting system for teaching faculty
and teaching academic staff comparable to the system used by
state employees in the classified service is in effect at the
institution.
c. That the institution regularly reports on the operation of its
sick leave accounting system to the board of regents of the University of Wisconsin System.
(br) 1. Employers shall pay contributions that shall be sufficient to pay for the present value of the present and future benefits authorized under pars. (b), (bc) and (bw). Subject to subd. 2.,
the board shall annually determine the contribution rate upon certification by the actuary of the department. The contribution
rates determined under this paragraph shall become effective on
January 1 of the calendar year in which they are applicable and
shall remain in effect during that year.
2. Beginning in 1985, the initial contribution rate determined
under subd. 1. may not exceed the employer’s costs under pars.
(b) and (bc) for the previous calendar year by more than 0.2 percent of covered payroll. Each subsequent contribution rate determined under subd. 1. may not exceed the employer’s costs under
this paragraph for the previous calendar year by more than 0.2
percent of covered payroll.
(bw) On converting accumulated unused sick leave to credits
for the payment of health insurance premiums under par. (b), the
department shall add additional credits, calculated in the same
manner as are credits under par. (b), that are based on a state employee’s accumulated sabbatical leave or earned vacation leave
from the state employee’s last year of service prior to retirement,
or both. The department shall apply the credits awarded under
this paragraph for the payment of health insurance premiums
only after the credits awarded under par. (b) are exhausted. This
paragraph applies only to state employees who are eligible for accumulated unused sick leave conversion under par. (b) and who
are entitled to the benefits under this paragraph pursuant to a collective bargaining agreement under subch. V of ch. 111.
(by) 1. Employers shall pay contributions that are sufficient
to pay for the present value of the present and future benefits authorized under subch. IX for all employees eligible to receive the
benefits under that subchapter, other than state employees who
are eligible to receive the benefits as a result of layoff. Except as
provided in subd. 2., the board shall annually determine the contribution rate upon certification by the actuary of the department.
The contribution rates determined under this paragraph shall become effective on January 1 of the calendar year in which they are
applicable and shall remain in effect during that year.
2. Beginning on November 25, 1995, and ending on June 30,
1997, each employer shall pay contributions equal to the dollar
value of the credits awarded to its retired employees under subch.
IX, as determined and directed by the department. The board,
upon certification by the actuary, shall determine the contribution rate to be paid by employers for the period beginning on July
1, 1997, and ending on December 31, 1997. In determining the
contribution rate for this period, the board shall consider any remaining unfunded present and future liability for any benefits
arising under subch. IX before July 1, 1997.
(c) The employer shall contribute toward the payment of premiums for the plan established under s. 40.52 (3) the amount established under s. 40.52 (3).
(d) For insurance premium withholding purposes, an insured
employee on more than one payroll shall have a premium withheld only under the department or agency paying the greater portion of the employee’s earnings.
(4g) PAYMENT OF HEALTH INSURANCE PREMIUMS FOR STATE
EMPLOYEES ACTIVATED FOR MILITARY DUTY IN THE U.S. ARMED
FORCES. (a) In this subsection, “eligible employee” means a state
employee to whom all of the following apply:
1. On or after April 15, 1999, is activated to serve on military
duty in the U.S. armed forces, other than for training purposes.
2. On the date on which he or she is activated to serve on ac-

tive duty in the U.S. armed forces, is insured and is receiving employer contributions for health insurance premiums under sub.
(4).
3. On the date on which he or she is activated, is either a
member of a national guard or a member of a reserve component
of the U.S. armed forces or is recalled to active military duty from
inactive reserve status.
4. Has received a military leave of absence under s. 230.32
(3) (a) or 230.35 (3), under a collective bargaining agreement under subch. V of ch. 111 or under rules promulgated by the administrator of the division of personnel management in the department of administration or is eligible for reemployment with the
state under s. 321.64 after completion of his or her service in the
U.S. armed forces.
(b) 1. Notwithstanding sub. (4) and s. 40.51 (2), an eligible
employee who is not insured after the date on which he or she is
activated to serve on active duty in the U.S. armed forces may
have his or her health insurance reinstated during the period in
which he or she is serving on active duty in the U.S. armed forces
without furnishing evidence of insurability satisfactory to the insurer and may receive employer contributions under par. (c) if the
eligible employee or the eligible employee’s designated representative makes a written election to have his or her health insurance
reinstated and to receive employer contributions under par. (c)
and pays any employee contributions that are required to be paid
under sub. (4) toward the premium payments.
2. Notwithstanding sub. (4), an eligible employee who is insured after the date on which he or she is activated to serve on active duty in the U.S. armed forces may receive employer contributions under par. (c) during the period in which he or she is serving
on active duty in the U.S. armed forces if the eligible employee or
the eligible employee’s designated representative makes a written
election to receive employer contributions under par. (c) and pays
any employee contributions that are required to be paid under
sub. (4) toward the premium payments.
3. An eligible employee or his or her designated representative shall make an election under subd. 1. or 2. on a form provided
by his or her employer not later than 60 days after the date on
which the eligible employee begins to serve on active duty for the
U.S. armed forces.
4. The group insurance board shall include the period under
subd. 3. in any applicable enrollment period under the state
health insurance plan for eligible employees who are not insured.
(c) Notwithstanding sub. (4) and s. 40.51 (2), the employer of
an eligible employee who makes or whose designated representative makes an election under par. (b) shall pay employer contributions toward the premium payments of the eligible employee during the period in which the eligible employee is serving on active
duty for the U.S. armed forces as follows:
1. The amount of the employer contributions paid toward
each premium payment shall be equal to the amount of the employer contributions under sub. (4) that would have been paid toward the premium payment if the eligible employee had continued employment with the employer instead of serving on active
duty for the U.S. armed forces.
2. If the eligible employee has been insured during the period
beginning on the date on which the eligible employee left employment with the employer to serve on active duty for the U.S.
armed forces and ending on the date on which the eligible employee or the eligible employee’s designated representative makes
the election under par. (b) but the eligible employee did not receive employer contributions under sub. (4) toward any of the
premium payments during that period, the employer shall pay to
the eligible employee in a lump sum an amount equal to the employer contributions that would have been paid toward those premium payments under sub. (4) if the eligible employee had continued employment with the employer during that period instead
of serving on active duty for the U.S. armed forces.
(4m) LONG-TERM CARE INSURANCE PREMIUMS. For any
long-term care insurance policies provided under s. 40.55, the entire premium shall be paid as a deduction under s. 40.06 (1) (a)
from an employee’s earnings or a state annuitant’s annuity, except
that if an eligible employee is not on a state payroll or receives
earnings that are insufficient to cover premium payments or a
state annuitant receives an annuity that is not sufficient to cover
premium payments, the eligible employee or state annuitant shall
make premium payments directly to the insurer. There shall be
no employer contributions.
(4r) PAYMENT OF CERTAIN INSURANCE PREMIUMS. If an annuitant is an eligible retired public safety officer and receives
health care coverage or long-term care coverage under a plan
other than one offered under subch. IV, and if the annuitant so
elects by providing written notice to the department, the premium
shall be paid as a deduction under s. 40.06 (1) (a) from the annuitant’s annuity. If the annuitant receives an annuity that is not sufficient to cover premium payments, the annuitant shall make premium payments directly to the insurer. The department shall establish procedures to permit an annuitant who is an eligible retired public safety officer to elect to have his or her premium paid
as a deduction under s. 40.06 (1) (a) from his or her annuity. The
annuitant shall provide the department with all necessary information to permit the department to make the payment in a timely
manner.
(5) INCOME CONTINUATION INSURANCE PREMIUMS. For the
income continuation insurance provided under subch. V the employee shall pay the amount remaining after the employer has
contributed the following or, if different, the amount determined
under a collective bargaining agreement under subch. V of ch.
111 or s. 230.12 or 233.10:
(a) For teachers employed by the board of regents of the university, no contribution if the teacher has less than one year of
state creditable service and an amount equal to the gross premium for coverage subject to a 180-day waiting period if the
teacher has one year or more of state creditable service.
(b) Except as provided in par. (a), for all insured employees:
1. Sixty-seven percent of the gross premium for any insured
employee who accumulates 10 days of sick leave or more each
year, 77 percent of the gross premium for any insured employee
who has accumulated at least 65 days of sick leave, 85 percent of
the gross premium if an insured employee has accumulated at
least 91 days of sick leave and 100 percent of the gross premium
if an insured employee has accumulated over 130 days of sick
leave.
3. Any insured employee for whom an employer contribution
of 77 percent or more of the premium was paid under subd. 1.
shall continue to be eligible for an employer contribution of that
same percentage of the premiums until the employee is eligible
for a higher level even if, as a result of disability or illness, the accumulation is subsequently reduced.
4. The accrual and crediting of sick leave shall be determined
in accordance with ss. 13.121 (4) , 36.30, 230.35 (2) , 233.10,
238.04 (8), and 757.02 (5) and subch. V of ch. 111.
(6) LIFE INSURANCE PREMIUMS. For the life insurance coverage provided under subch. VI:
(a) Except as otherwise provided in accordance with a collective bargaining agreement under subch. V of ch. 111 or s. 230.12
or 233.10, each insured employee under the age of 70 and annuitant under the age of 65 shall pay for group life insurance coverage a sum, approved by the group insurance board, which shall
not exceed 60 cents monthly for each $1,000 of group life insur-

ance, based upon the last amount of insurance in force during the
month for which earnings are paid. The equivalent premium may
be fixed by the group insurance board if the annual compensation
is paid in other than 12 monthly installments.
(b) Beginning with the month in which an insured employee
attains age 70 or an annuitant attains the age of 65, no withholdings from the employee’s earnings or annuity may be made under
this subsection.
(c) Beginning with the month in which an insured employee is
retired on a disability annuity, and continuing as long as the annuity is not terminated, no further premium shall be required under
this subsection for the retired insured employee. No premium is
required under this subsection for an insured employee during a
period of disability during which premiums are waived under the
insurance contract.
(d) Except as provided under par. (c), the premium payment
for any insured employee whose eligibility for continued coverage is based on s. 40.72 (4) shall be deducted from the appropriate annuity payroll as authorized by s. 40.08 (2), if the annuity is
sufficient, or the employee may make direct payments to continue insurance coverage or the employee’s employer may pay, on
behalf of the employee, the premium payment according to procedures established by the department.
(e) Each employer shall contribute toward the payment of premiums under this section an amount which, together with the employee’s contribution, will equal the gross monthly premium determined by the group insurance board for the employee’s insurance and any employer may pay for all employees any part or all
of the premium required to be paid by employees under par. (a).
If an employer elects to pay the entire premium for all of its employees for one or more of the types of insurance coverage established under s. 40.03 (6) (b) or 40.70 (3), a resolution shall be
filed with the department. Applications shall be filed and premiums paid for any eligible employees, including those not previously insured under coverage selected by the employer, effective
the first day of the month following receipt of the resolution or
the effective date of the election, whichever is later, and full payment of premiums for the employees shall be due the department
pursuant to the contractual requirements between the group insurance board and the insurer. If an employer elects to pay the entire premium for a portion of its employees, notice is not required
and previously filed cancellations are not revoked.
(7) OTHER INSURANCE PLANS PREMIUMS. For any group insurance plans provided under s. 40.03 (6) (b) the entire premium
shall be paid by employee contributions and there shall be no employer contributions unless the employer specifically provides
otherwise.
(8) EMPLOYEE-FUNDED REIMBURSEMENT ACCOUNT PLAN
FEE. For the administration and implementation of employeefunded reimbursement account plans authorized under subch.
VIII, each state agency with employees eligible to participate in
an employee-funded reimbursement account plan shall contribute the fee charged under s. 40.875 (1) (a).

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