Section 20.016. Student employees.

 

(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.

Cr. Register, October, 1992, No. 442 , eff. 11-1-92.