LRB-1538/3
RAC:mfd&jlg:arm
1997 - 1998 LEGISLATURE
October 22, 1997 - Introduced by Senators Wirch, Rude, Rosenzweig, Wineke,
Chvala, Clausing, Burke, Roessler, C. Potter, Risser, Darling, Decker,
George, Jauch, Panzer, Plache, Ellis, Moen, Shibilski, Breske
and Farrow,
cosponsored by Representatives Klusman, Walker, Musser, Krusick,
Kreibich, Porter, Handrick, Schneider, Dobyns, R. Potter, Travis, Green,
Ryba, Kreuser, Robson, Duff, Steinbrink, Johnsrud, Kedzie, Ladwig, L.
Young, Sykora, Lorge, La Fave, Huebsch, Baumgart, J. Lehman, M. Lehman,
Harsdorf, Otte, Boyle, Plale, Gunderson, Kaufert, Seratti, Gronemus,
Hasenohrl, Underheim, Staskunas, Lazich, Goetsch, Rutkowski, Ott
and
Plouff. Referred to Joint survey committee on Retirement Systems.
SB329,1,4 1An Act to amend 40.25 (2), 40.25 (2m), 61.66 (2), 111.35 (4) and 891.45; and to
2create
40.25 (2t), 40.65 (7) (ar) and 891.455 of the statutes; relating to:
3presumption concerning employment-connected disease for certain municipal
4fire fighters.
Analysis by the Legislative Reference Bureau
Under current law, in any proceeding involving the application by a municipal
fire fighter or his or her beneficiary for any disability or death benefit, where at the
time of death or filing of application for disability benefits the deceased or disabled
fire fighter had served a total of 5 years as a fire fighter and a qualifying medical
examination given before the time of his or her joining the fire department showed
no evidence of heart or respiratory impairment or disease, and where the disability
or death is found to be caused by heart or respiratory impairment or disease, this
finding shall be presumptive evidence that such impairment or disease was caused
by his or her employment as a fire fighter.
This bill provides a new presumption for municipal fire fighters. Under the bill,
in any proceeding involving the application by a municipal fire fighter or his or her
beneficiary for disability or death benefits, where at the time of death or filing of
application for disability benefits the deceased or disabled fire fighter had served a
total of 10 years as a fire fighter and a qualifying medical examination given before
the time of his or her joining the fire department showed no evidence of cancer, and
where the disability or death is found to be caused by cancer, this finding shall be
presumptive evidence that the cancer was caused by his or her employment as a fire

fighter. Under the bill, this presumption only applies to cancers affecting the skin,
breasts, central nervous system or lymphatic, digestive, hematological, urinary,
skeletal, oral or reproductive systems.
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 this bill.
For further information see the state and local 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:
SB329, s. 1 1Section 1. 40.25 (2) of the statutes is amended to read:
SB329,2,92 40.25 (2) If Subject to subs. (2m) and (2t), if all requirements for payment of
3a retirement annuity are met except attainment of age 55 or age 50 for protective
4occupation participants, a separation benefit may be paid, if the participant's written
5application for a separation benefit is received by the department prior to the
6participant's 55th birthday or 50th birthday for protective occupation participants,
7in an amount equal to the additional and employe required contribution
8accumulations of the participant on the date the application for a separation benefit
9is approved.
SB329, s. 2 10Section 2. 40.25 (2m) of the statutes is amended to read:
SB329,2,1811 40.25 (2m) Notwithstanding sub. (2), if If a participant who is initially covered
12under the Wisconsin retirement system on or after January 1, 1990, terminates
13employment and does not have creditable service in at least 5 calendar years, a
14separation benefit may be paid if the participant submits a written application to the
15department for a separation benefit in an amount equal to the additional and
16employe required contribution accumulations of the participant on the date that the
17application for a separation benefit is approved. For the purposes of this subsection
18there are no age requirements for receiving a separation benefit.
SB329, s. 3
1Section 3. 40.25 (2t) of the statutes is created to read:
SB329,3,62 40.25 (2t) A protective occupation participant who is covered by the
3presumption under s. 891.455 and who applied for a duty disability benefit under s.
440.65 on or after the effective date of this subsection .... [revisor inserts date], may
5not be paid a separation benefit under sub. (2) or (2m) during the period in which he
6or she is receiving the duty disability benefit.
SB329, s. 4 7Section 4. 40.65 (7) (ar) of the statutes is created to read:
SB329,3,138 40.65 (7) (ar) 1. This paragraph applies to benefits based on applications filed
9on or after the effective date of this subdivision .... [revisor inserts date]. If a
10protective occupation participant, who is covered by the presumption under s.
11891.455, dies as a result of an injury or a disease for which a benefit is paid or would
12be payable under sub. (4), and the participant is survived by a spouse or an
13unmarried child under the age of 18, a monthly benefit shall be paid as follows:
SB329,3,1714 a. To the surviving spouse until the surviving spouse remarries, if the surviving
15spouse was married to the participant on the date that the participant was disabled
16under sub. (4), 70% of the participant's monthly salary at the time of death, but
17reduced by any amount payable under sub. (5) (b) 1. to 6.
SB329,3,2118 b. If there is no surviving spouse or the surviving spouse subsequently dies, to
19a guardian for each of that guardian's wards who is an unmarried surviving child
20under the age of 18, 10% of the participant's monthly salary at the time of death,
21payable until the child marries, dies or reaches the age of 18, whichever occurs first.
SB329,3,2322 2. Benefits payable under this paragraph shall be increased each January 1 by
23the salary index determined for the prior year.
SB329, s. 5 24Section 5. 61.66 (2) of the statutes is amended to read:
SB329,4,3
161.66 (2) The governing body of a village acting under sub. (1) may designate
2any person required to perform police protection and fire protection duties under sub.
3(1) as primarily a police officer or fire fighter for purposes of s. 891.45 or 891.455.
SB329, s. 6 4Section 6. 111.35 (4) of the statutes is amended to read:
SB329,4,95 111.35 (4) Notwithstanding s. 111.322, it is not employment discrimination
6because of use of a lawful product off the employer's premises during nonworking
7hours to refuse to employ an applicant if the applicant's use of a lawful product
8consists of smoking tobacco and the employment is as a fire fighter covered under s.
9891.45 or 891.455.
SB329, s. 7 10Section 7. 891.45 of the statutes is amended to read:
SB329,4,25 11891.45 (title) Presumption of employment connected
12employment-connected disease; heart or respiratory impairment or
13disease
. In any proceeding involving the application by a municipal fire fighter or
14his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or
15s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at
16the time of death or filing of application for disability benefits the deceased or
17disabled municipal fire fighter had served a total of 5 years as a municipal fire fighter
18and a qualifying medical examination given prior to the time of his or her joining the
19department showed no evidence of heart or respiratory impairment or disease, and
20where the disability or death is found to be caused by heart or respiratory
21impairment or disease, such finding shall be presumptive evidence that such
22impairment or disease was caused by such employment. In this section, "municipal
23fire fighter" includes any person designated as primarily a fire fighter under s. 61.66
24(2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year
25qualifying period took up at least two-thirds of his or her working hours.
SB329, s. 8
1Section 8. 891.455 of the statutes is created to read:
SB329,5,6 2891.455 Presumption of employment-connected disease; cancer (1) In
3this section, "municipal fire fighter" means a municipal fire fighter who is covered
4under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter during
5the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his
6or her working hours.
SB329,5,17 7(2) Beginning with applications submitted by a municipal fire fighter or his or
8her beneficiary on the effective date of this subsection .... [revisor inserts date], in any
9proceeding involving an application by a municipal fire fighter or his or her
10beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2)
11or any pension or retirement system applicable to fire fighters, where at the time of
12death or filing of application for disability benefits the deceased or disabled
13municipal fire fighter had served a total of 10 years as a municipal fire fighter and
14a qualifying medical examination given prior to the time of his or her joining the
15department showed no evidence of cancer, and where the disability or death is found
16to be caused by cancer, such finding shall be presumptive evidence that the cancer
17was caused by such employment.
SB329,5,20 18(3) The presumption under sub. (2) shall only apply to cancers affecting the
19skin, breasts, central nervous system or lymphatic, digestive, hematological,
20urinary, skeletal, oral or reproductive systems.
SB329,5,2121 (End)
Loading...
Loading...