Wisconsin Statutes
Wis. Stat. § 895.65 (2026)
Definitions
✓ current as of July 2026
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895.65(1)(1) “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement.
895.65(3)(3) “Dependents” means a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, maintenance, or alimony.
895.65(4)(4) “Discounted present value” means the present value of future payments determined by discounting the payments to the present using the applicable federal rate for determining the present value of an annuity, as most recently issued by the federal Internal Revenue Service.
895.65(5)(5) “Gross advance amount” means the sum payable to the payee or for the payee’s account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration.
895.65(6)(6) “Independent professional advice” means advice of an attorney, certified public accountant, actuary, or other licensed professional adviser.
895.65(7)(7) “Interested parties” means the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under a structured settlement. If the payee is a trust that names the state as a remainder beneficiary, or the payee is a trustee of such a trust, the secretary of health services is an interested party.
895.65(8)(8) “Net advance amount” means the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under s. 895.66 (5).
895.65(9)(9) “Payee” means an individual who is receiving tax-free payments under a structured settlement and proposes to make a transfer of the payment rights.
895.65(10)(10) “Periodic payments” includes both recurring payments and scheduled future lump sum payments.
895.65(11)(11) “Qualified assignment agreement” means an agreement providing for a qualified assignment within the meaning of section 130 of the federal Internal Revenue Code, Title 26, USC.
895.65(13)(13) “Structured settlement” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.
895.65(14)(14) “Structured settlement agreement” means the agreement, judgment, stipulation, or release embodying the terms of a structured settlement.
895.65(15)(15) “Structured settlement obligor” means the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement.
895.65(16)(16) “Structured settlement payment rights” means rights to receive periodic payments under a structured settlement if any of the following applies:
895.65(16)(a)(a) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state.
895.65(16)(c)(c) The structured settlement agreement is expressly governed by the laws of this state.
895.65(17)(17) “Terms of the structured settlement” means the terms or conditions of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court that authorized or approved the structured settlement.
895.65(18)(a)(a) “Transfer” means any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. Except as provided in par. (b), transfer does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution.
895.65(18)(b)(b) “Transfer” includes the creation or perfection, by an insured depository institution, of a security interest in structured settlement payment rights if there is an action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce a blanket security interest against the structured settlement payment rights.
895.65(19)(19) “Transfer agreement” means the agreement providing for a transfer of structured settlement payment rights.
895.65(20)(20) “Transfer expenses” means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including court filing fees, attorney fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions, and other payments to a broker or other intermediary. Transfer expenses do not include preexisting obligations of the payee payable for the payee’s account from the proceeds of a transfer.
895.65(21)(21) “Transferee” means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.
Notes of Decisions
Cited in 10
cases, 1990–2015 · leading case: Kmetz v. State Historical Soc'y, 304 F. Supp. 2d 1108 (W.D. Wis. 2004).
Kmetz v. State Historical Soc'y, 304 F. Supp. 2d 1108 (W.D. Wis. 2004). “This is a civil action for monetary and injunctive relief brought pursuant to Wis. Stat. § 895.65 and 42 U.S.C. § 1983 .”
Gerhard Witte v. Wisconsin Dep't of Corr., 434 F.3d 1031 (7th Cir. 2006). “§ 1983 and the Wisconsin whistle-blower statute, Wis. Stat. § 895.65 . The' complaint alleged that the defendants had retaliated against him for exercising his rights under the federal and Wisconsin constitutions.”
State of Wisconsin Dep't of Just. v. State of Wisconsin Dep't of Workforce Dev., 2015 WI 114 (Wis. 2015). “The court in Kmetz did not conclude that an opinion alone as to the lawfulness or appropriateness of certain government activity constituted "information" under the statute it was analyzing, Wis. Stat. § 895.65 (renumbered Wis. Stat.”
Burkes v. Klauser, 517 N.W.2d 503 (Wis. 1994). “" [18] Section 895.65(2) provides: "An employe may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employe because the…”
Albrechtsen v. Wisconsin Dep't of Workforce Dev., 2005 WI App 241 (Wis. Ct. App. 2005). “§ 895.65. Because Albrechtsen pled only the former statute in his federal suit, the University contends that both the federal suit and the administrative proceeding were properly dismissed.”
State v. State of Wisconsin Dep't of Workforce Dev., 2015 WI App 22 (Wis. Ct. App. 2015). “In doing so, we relied on Kmetz , which analyzed whether an employee was afforded any protection under Wis. Stat. § 895.65 , 7 yet another one of Wisconsin's whistleblower statutes.”
State v. Smith, 2006 WI 74 (Wis. 2006). “90 (2003-04) (formerly § 895.65) (prohibiting retaliation by a government employer).”
Barnhill v. Bd. of Regents of UW Sys., 462 N.W.2d 249 (Wis. Ct. App. 1990). “Although the jury found he had been discharged no later than March 26, 1985, that date was established because it time-bars Barnhill's second claim for retaliatory discharge under sec. 895.65, Stats. An action under that statute must be brought within two years, sec.”
Kmetz v. State Historical Soc'y of Wisconsin, 300 F. Supp. 2d 780 (W.D. Wis. 2003). “This is a civil action for monetary and injunctive relief brought pursuant to Wis. Stat. § 895.65 and 42 U.S.C. § 1983 .”
Witte, Gerhard v. WI Dept Corr. (7th Cir. 2006). “§ 1983 and the Wisconsin whistle-blower statute, Wis. Stat. § 895.65 . The complaint alleged that the defendants had retaliated against him for exercising his rights under the federal and Wisconsin constitutions.”
— Wis. Stat. § 895.65(1)(a) — 1 case
Albrechtsen v. Wisconsin Dep't of Workforce Dev., 2005 WI App 241 (Wis. Ct. App. 2005). “§ 895.65. Because Albrechtsen pled only the former statute in his federal suit, the University contends that both the federal suit and the administrative proceeding were properly dismissed.”
— Wis. Stat. § 895.65(1)(d) — 1 case
Barnhill v. Bd. of Regents of UW Sys., 462 N.W.2d 249 (Wis. Ct. App. 1990). “Although the jury found he had been discharged no later than March 26, 1985, that date was established because it time-bars Barnhill's second claim for retaliatory discharge under sec. 895.65, Stats. An action under that statute must be brought within two years, sec.”
— Wis. Stat. § 895.65(2) — 2 cases
Burkes v. Klauser, 517 N.W.2d 503 (Wis. 1994). “" [18] Section 895.65(2) provides: "An employe may bring an action in circuit court against his or her employer or employer's agent, including this state, if the employer or employer's agent retaliates, by engaging in a disciplinary action, against the employe because the…”
Albrechtsen v. Wisconsin Dep't of Workforce Dev., 2005 WI App 241 (Wis. Ct. App. 2005). “§ 895.65. Because Albrechtsen pled only the former statute in his federal suit, the University contends that both the federal suit and the administrative proceeding were properly dismissed.”
— Wis. Stat. § 895.65(l)(a) — 1 case
Albrechtsen v. Wisconsin Dep't of Workforce Dev., 2005 WI App 241 (Wis. Ct. App. 2005). “§ 895.65. Because Albrechtsen pled only the former statute in his federal suit, the University contends that both the federal suit and the administrative proceeding were properly dismissed.”
— Wis. Stat. § 895.65(l)(d) — 1 case
Barnhill v. Bd. of Regents of UW Sys., 462 N.W.2d 249 (Wis. Ct. App. 1990). “Although the jury found he had been discharged no later than March 26, 1985, that date was established because it time-bars Barnhill's second claim for retaliatory discharge under sec. 895.65, Stats. An action under that statute must be brought within two years, sec.”
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