2001 - 2002 LEGISLATURE
March 28, 2001 - Introduced by Senators Moen, Burke, Breske, Baumgart, S.
Fitzgerald, M. Meyer, Risser, Rosenzweig, Schultz and Plache, cosponsored
by Representatives Freese, Musser, Ainsworth, Albers, Balow, Berceau,
Bies, Gronemus, Gunderson, Huebsch, Johnsrud, Lassa, Leibham,
Loeffelholz, McCormick, Pettis, Plouff, Ryba, Seratti, Shilling and
Sykora. Referred to Joint survey committee on Retirement Systems.
1An Act to amend
40.02 (48) (am) and 40.02 (48) (c); and to create
40.02 (17) (n) 2
and 40.65 (4w) of the statutes; relating to: classifying county jailers as
3protective occupation participants for the purposes of the Wisconsin retirement
Analysis by the Legislative Reference Bureau
Under current law, participants under the Wisconsin retirement system (WRS)
whose principal duties involve law enforcement or fire suppression or prevention and
require frequent exposure to a high degree of danger or peril and a high degree of
physical conditioning are classified as protective occupation participants. Current
law specifically classifies police officers, fire fighters, and various other individuals
as protective occupation participants. Under the WRS, the normal retirement age
of a protective occupation participant is lower than that of other participants and the
percentage multiplier used to calculate retirement annuities is higher for protective
occupation participants than for other participants.
This bill specifically classifies county jailers as protective occupation
participants for the purposes of the WRS.
This bill will be referred to the joint survey committee on retirement systems
for a detailed analysis, which will be printed as an appendix to the bill.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB111, s. 1
40.02 (17) (n) of the statutes is created to read:
(n) Notwithstanding par. (d), each participant who is a county jailer 3
on or after the effective date of this paragraph .... [revisor inserts date], shall be 4
granted creditable service as a protective occupation participant for all covered 5
service as a county jailer that was earned on or after the effective date of this 6
paragraph .... [revisor inserts date], but may not be granted creditable service as a 7
protective occupation participant for any covered service as a county jailer that was 8
earned before the effective date of this paragraph .... [revisor inserts date], unless 9
that service was earned while the participant was classified under sub. (48) (a) and 10
s. 40.06 (1) (d) as a protective occupation participant.
SB111, s. 2
40.02 (48) (am) of the statutes is amended to read:
(am) "Protective occupation participant" includes any participant 13
whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who 14
is a conservation warden, conservation patrol boat captain, conservation patrol boat 15
engineer, conservation pilot, conservation patrol officer, forest fire control assistant, 16
member of the state traffic patrol, state motor vehicle inspector, police officer, fire 17
fighter, sheriff, undersheriff, deputy sheriff, state probation and parole officer, 18
county traffic police officer, county jailer,
state forest ranger, fire watcher employed 19
at Wisconsin veterans facilities, state correctional-psychiatric officer, excise tax 20
investigator employed by the department of revenue, special criminal investigation
agent in the department of justice, assistant or deputy fire marshal, or person 2
employed under s. 61.66 (1).
SB111, s. 3
40.02 (48) (c) of the statutes is amended to read:
(c) In s. 40.65, "protective occupation participant" means a 5
participating employee who is a police officer, fire fighter, an individual determined 6
by a participating employer under par. (a) or (bm) to be a protective occupation 7
participant, county undersheriff, deputy sheriff, state probation and parole officer, 8
county traffic police officer, county jailer,
conservation warden, state forest ranger, 9
field conservation employee of the department of natural resources who is subject to 10
call for forest fire control or warden duty, member of the state traffic patrol, state 11
motor vehicle inspector, University of Wisconsin System full-time police officer, 12
guard or any other employee whose principal duties are supervision and discipline 13
of inmates at a state penal institution, excise tax investigator employed by the 14
department of revenue, person employed under s. 61.66 (1), or special criminal 15
investigation agent employed by the department of justice.
SB111, s. 4
40.65 (4w) of the statutes is created to read:
A county jailer who becomes a protective occupation participant on 18
or after the effective date of this subsection .... [revisor inserts date], is not entitled 19
to a duty disability benefit under this section for an injury or disease occurring before 20
the effective date of this subsection .... [revisor inserts date].
This act takes effect on the January 1 after publication.