LRB-3013/1
RAC:cmh:km
1999 - 2000 LEGISLATURE
July 20, 1999 - Introduced by Senators Drzewiecki, Roessler and Darling,
cosponsored by Representatives Musser, Underheim, Ryba, Albers, Turner,
Boyle, Hundertmark, Goetsch, Gronemus, Kaufert
and Ainsworth.
Referred to Joint survey committee on Retirement Systems.
SB211,1,4 1An Act to renumber and amend 40.02 (48) (am) and 40.02 (48) (c); and to
2create
40.02 (17) (n), 40.02 (48) (am) 22., 40.02 (48) (c) 18. and 40.65 (4w) of the
3statutes; relating to: classifying certain nurses employed by the state as
4protective occupation participants under the Wisconsin retirement system.
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 nurses employed at state correctional
institutions, secured correctional facilities, the mental health institutes at Mendota
and Winnebago, the Wisconsin resource center or any secure mental health unit or
facility for sexually violent persons 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:
SB211, s. 1 1Section 1. 40.02 (17) (n) of the statutes is created to read:
SB211,2,212 40.02 (17) (n) Notwithstanding par. (d), each participant who is a nurse
3employed at a state correctional institution, a secured correctional facility, as defined
4in s. 938.02 (15m), a mental health institute specified in s. 51.05 (1), the Wisconsin
5resource center, established under s. 46.056, or a secure mental health unit or
6facility, established under s. 980.065 (2), on or after the effective date of this
7paragraph .... [revisor inserts date], shall be granted creditable service as a
8protective occupation participant for all covered service as a nurse employed at a
9state correctional institution, a secured correctional facility, as defined in s. 938.02
10(15m), a mental health institute specified in s. 51.05 (1), the Wisconsin resource
11center, established under s. 46.056, or a secure mental health unit or facility,
12established under s. 980.065 (2), that was earned on or after the effective date of this
13paragraph .... [revisor inserts date], but may not be granted creditable service as a
14protective occupation participant for any covered service as a nurse employed at a
15state correctional institution, a secured correctional facility, as defined in s. 938.02
16(15m), a mental health institute specified in s. 51.05 (1), the Wisconsin resource
17center, established under s. 46.056, or a secure mental health unit or facility,
18established under s. 980.065 (2), that was earned before the effective date of this
19paragraph .... [revisor inserts date], unless that service was earned while the
20participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective
21occupation participant.
SB211, s. 2
1Section 2. 40.02 (48) (am) of the statutes is renumbered 40.02 (48) (am) (intro.)
2and amended to read:
SB211,3,53 40.02 (48) (am) (intro.) "Protective occupation participant" includes any
4participant whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm)
5and who is a any of the following:
SB211,3,6 61. A conservation warden,.
SB211,3,7 72. A conservation patrol boat captain, .
SB211,3,8 83. A conservation patrol boat engineer, .
SB211,3,9 94. A conservation pilot,.
SB211,3,10 105. A conservation patrol officer,.
SB211,3,11 116. A forest fire control assistant, .
SB211,3,12 127. A member of the state patrol,.
SB211,3,13 138. A state motor vehicle inspector, .
SB211,3,14 149. A police officer,.
SB211,3,15 1510. A fire fighter,.
SB211,3,16 1611. A sheriff,.
SB211,3,17 1712. An undersheriff,.
SB211,3,18 1813. A deputy sheriff,.
SB211,3,19 1914. A state probation and parole officer, .
SB211,3,20 2015. A county traffic police officer, .
SB211,3,21 2116. A state forest ranger,.
SB211,3,22 2217. A fire watcher employed by the Wisconsin veterans home,.
SB211,3,23 2318. A state correctional-psychiatric officer,.
SB211,3,24 2419. An excise tax investigator employed by the department of revenue,.
SB211,3,25 2520. A special criminal investigation agent in the department of justice,.
SB211,4,1
121. An assistant or deputy fire marshal, or person employed under s. 61.66 (1).
SB211, s. 3 2Section 3. 40.02 (48) (am) 22. of the statutes is created to read:
SB211,4,63 40.02 (48) (am) 22. A nurse employed at a state correctional institution, a
4secured correctional facility, as defined in s. 938.02 (15m), a mental health institute
5specified in s. 51.05 (1), the Wisconsin resource center, established under s. 46.056,
6or a secure mental health unit or facility, established under s. 980.065 (2).
SB211, s. 4 7Section 4. 40.02 (48) (c) of the statutes is renumbered 40.02 (48) (c) (intro.) and
8amended to read:
SB211,4,109 40.02 (48) (c) (intro.) In s. 40.65, "protective occupation participant" means a
10participating employe who is a any of the following:
SB211,4,11 111. A police officer,.
SB211,4,12 122. A fire fighter, an.
SB211,4,14 133. An individual determined by a participating employer under par. (a) or (bm)
14to be a protective occupation participant,.
SB211,4,15 154. A county undersheriff,.
SB211,4,16 165. A deputy sheriff,.
SB211,4,17 176. A state probation and parole officer, .
SB211,4,18 187. A county traffic police officer, .
SB211,4,19 198. A conservation warden,.
SB211,4,20 209. A state forest ranger,.
SB211,4,22 2110. A field conservation employe of the department of natural resources who
22is subject to call for forest fire control or warden duty, .
SB211,4,23 2311. A member of the state traffic patrol, .
SB211,4,24 2412. A state motor vehicle inspector, university.
SB211,4,25 2513. A University of Wisconsin system System full-time police officer,.
SB211,5,2
114. A guard or any other employe whose principal duties are supervision and
2discipline of inmates at a state penal institution,.
SB211,5,3 315. An excise tax investigator employed by the department of revenue,.
SB211,5,4 416. A person employed under s. 61.66 (1), or.
SB211,5,6 517. A special criminal investigation agent employed by the department of
6justice.
SB211, s. 5 7Section 5. 40.02 (48) (c) 18. of the statutes is created to read:
SB211,5,118 40.02 (48) (c) 18. A nurse employed at a state correctional institution, a secured
9correctional facility, as defined in s. 938.02 (15m), a mental health institute specified
10in s. 51.05 (1), the Wisconsin resource center, established under s. 46.056, or a secure
11mental health unit or facility, established under s. 980.065 (2).
SB211, s. 6 12Section 6. 40.65 (4w) of the statutes is created to read:
SB211,5,2013 40.65 (4w) A nurse employed at a state correctional institution, a secured
14correctional facility, as defined in s. 938.02 (15m), a mental health institute specified
15in s. 51.05 (1), the Wisconsin resource center, established under s. 46.056, or a secure
16mental health unit or facility, established under s. 980.065 (2), who becomes a
17protective occupation participant on or after the effective date of this subsection ....
18[revisor inserts date], is not entitled to a duty disability benefit under this section for
19an injury or disease occurring before the effective date of this subsection .... [revisor
20inserts date].
SB211, s. 7 21Section 7. Effective date.
SB211,5,2222 (1) This act takes effect on the January 1 after publication.
SB211,5,2323 (End)
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