Current through August 26, 2024
(1) As provided in s.
40.22(2) (gm), Stats., a participating employer may
not include under the provisions of the Wisconsin retirement system an employee
first hired on or after April 23, 1992, if the employee is under the age of 20
and is regularly enrolled or expected to be enrolled as a full-time student in
a public, private, or parochial elementary or high school as defined in s.
118.257(1) (d), Stats.
(2) For purposes of this section, an employee
who is not enrolled in school is expected to be regularly enrolled as a
full-time student in a school included under s.
118.257(1) (d), Stats., if all of the following apply:
(a) The employee is under age 20 and has not
received a high school diploma or a general equivalency diploma;
(b) The employee was enrolled in a school
included under s.
118.257(1) (d), Stats., during the immediately prior
regular semester;
(c) The employee
has not notified the employer, as provided in sub. (3) (c), that he or she does
not intend to enroll as a full-time student in a school included under s.
118.257(1) (d), Stats., during the next regular
semester.
(3) An
employee who is excluded from participation in the Wisconsin retirement system
by s.
40.22(2) (gm), Stats., shall become eligible for
participation, subject to s.
40.22(2) and (2m), Stats., as if he or she had been
initially hired on the earliest of the following dates:
(a) The date the employee attains age
20;
(b) The employee's first
working day following the date the employee completes all requirements for a
high school diploma;
(c) The
employee's first working day following the date the employee notifies the
employer that he or she has ceased to be enrolled, and does not expect to be
enrolled during the next regular semester, as a full-time student in a school
included under s.
118.257(1) (d), Stats. The written statement of the
employee or, if the employee is under age 18, of the employee's parent or
guardian shall be sufficient to establish that the employee has left school and
does not intend to return in the next semester. If the employee intends to
continue as a part-time student only, he or she may establish this fact by
submitting to the employer a written certification from the principal of the
school in which the student is enrolled. The definition of full-time student
shall be that of the school in which the student is enrolled.
