AB29: Bill Text

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2001 - 2002 LEGISLATURE

2001 Assembly BILL AB-29

January 16, 2001 - Introduced by Representatives Wade, Ainsworth, Balow, Bock, Freese, Gronemus, Gunderson, Huebsch, Jeskewitz, Kedzie, Kreibich, Ladwig, J. Lehman, McCormick, Montgomery, Musser, Olsen, Ott, Pettis, Plouff, Pocan, Powers, Turner, Vrakas, Walker, Williams and Young, cosponsored by Senators Plache, Baumgart, Roessler and Schultz. Referred to Joint survey committee on Retirement Systems.

AB29,1,4 An Act to renumber and amend 891.45; to amend 891.455 (1) and 891.455 (2); and to create 891.45 (1) of the statutes; relating to: establishing a presumption for employment-connected disease for state and county fire 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 disability or death benefits, where at the time of death or filing of application for disability benefits the fire fighter had served a total of ten 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. Current law provides that this presumption only applies to cancers affecting the skin, breasts, central nervous system or lymphatic, digestive, hematological, urinary, skeletal, oral, or reproductive systems.

In addition, under current law, 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 fire fighter had served a total of five 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 the impairment or disease was caused by his or her employment as a fire fighter.

This bill extends the coverage of these presumptions to state and county fire fighters.

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:

AB29, s. 1 Section 1. 891.45 of the statutes is renumbered 891.45 (2) and amended to read:

AB29,2,16 891.45 (2) In any proceeding involving the application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 5 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter 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, such finding shall be presumptive evidence that such impairment or disease was caused by such employment. In this section, "municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

AB29, s. 2 Section 2. 891.45 (1) of the statutes is created to read:

AB29,2,18 891.45 (1) In this section:

AB29,3,2 (a) "County fire fighter" means any person employed by a county whose duties primarily include active fire suppression or prevention.

AB29,3,6 (b) "Municipal fire fighter" includes any person designated as primarily a fire fighter under s. 61.66 (2) and any person under s. 61.66 whose duties as a fire fighter during the 5-year qualifying period took up at least two-thirds of his or her working hours.

AB29,3,9 (c) "State fire fighter" means any person employed by the state whose duties primarily include active fire suppression or prevention and who is a protective occupation participant, as defined in s. 40.02 (48).

AB29, s. 3 Section 3. 891.455 (1) of the statutes is amended to read:

AB29,3,14 891.455 (1) In this section, "state, county, or municipal fire fighter" means a municipal fire fighter who is covered under s. 891.45 and any person under s. 61.66 whose duties as a fire fighter during the 10-year qualifying period specified in sub. (2) took up at least two-thirds of his or her working hours.

AB29, s. 4 Section 4. 891.455 (2) of the statutes is amended to read:

AB29,4,2 891.455 (2) Beginning with applications submitted by a municipal fire fighter or his or her beneficiary on May 12, 1998, in In any proceeding involving an application by a state, county, or municipal fire fighter or his or her beneficiary for disability or death benefits under s. 66.191, 1981 stats., or s. 40.65 (2) or any pension or retirement system applicable to fire fighters, where at the time of death or filing of application for disability benefits the deceased or disabled municipal fire fighter had served a total of 10 years as a state, county, or municipal fire fighter and a qualifying medical examination given prior to the time of his or her joining the department becoming a state, county, or municipal fire fighter showed no evidence of cancer, and where the disability or death is found to be caused by cancer, such finding shall be presumptive evidence that the cancer was caused by such employment.

AB29, s. 5 Section 5. Initial applicability.

AB29,4,6 (1) This act first applies to applications submitted by a state, county, or municipal fire fighter or his or her beneficiary in any proceeding involving disability or death benefits on the effective date of this subsection.

AB29,4,7 (End)