Wisconsin Code § 40.82

General provisions
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(1) Any part of gross compensation deferred under a deferred compensation plan established
under this subchapter which would have been treated as current
earnings or wages if paid immediately to the employee shall be
treated as current earnings or wages for purposes of the federal
social security act or any retirement, pension, or group insurance
benefit plan provided by the department.
(2) Compensation that is withheld under a deferred compensation plan contract between an employer and an employee may
be invested by the employer or a person other than the employer
who is authorized by contract to administer the funds. The em-

ployer may determine the types of investments in which the deferred compensation funds may be invested. The deferred compensation funds may be invested and reinvested in the same manner provided for investments under s. 881.01.
(3) Each deferred compensation plan under this subchapter
shall be maintained and administered as an eligible deferred compensation plan, as defined in section 457 of the Internal Revenue
Code, and shall meet the requirements of section 401 (a) (37) of
the Internal Revenue Code.
(4) (a) Beginning on December 31, 2008, a participating employee who is receiving differential wage payments shall be considered as having terminated covered employment during any period in which the person is performing service in the uniformed
services, as defined in 38 USC 4303, on active duty for a period
of more than 30 days, for purposes of receiving a distribution under section 457 (d) (1) (A) (ii) of the Internal Revenue Code.
(b) A person who is described under par. (a) and who elects to
receive a distribution may not subsequently make an elective deferral or employee contribution into a deferred compensation
plan during the 6-month period following the distribution.

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