AB854: Bill Text

AB854,3,16 40.65 (3) (b) The Wisconsin retirement board shall require that any person who receives a monthly benefit under this section be examined by at least one licensed and practicing physician, designated or approved by the board, every 5 years. A written report of the examination in a form approved by the department, which shall indicate whether the person is still disabled as specified in sub. (4) (b), shall be filed with the department.

AB854,3 Section 3. 40.65 (3) (c) of the statutes is created to read:

AB854,3,20 40.65 (3) (c) The monthly benefit payable under this section shall be terminated and no payment shall be payable after the first of the month in which a determination is made by the department that any of the following occurs:

AB854,3,23 1. The written physician's report required in par. (b) indicates that the person has recovered from the disability so the person is no longer disabled to the extent required under sub. (4) (b).

AB854,3,24 2. The person refuses to submit to an examination under par. (b).

AB854,4 Section 4. 40.65 (4) (intro.) of the statutes is amended to read:

AB854,4,3 40.65 (4) (intro.) A Subject to sub. (4d), a protective occupation participant is entitled to a duty disability benefit as provided in this section if all of the following occur:

AB854,5 Section 5. 40.65 (4) (a) of the statutes is amended to read:

AB854,4,6 40.65 (4) (a) The employee is injured while performing his or her duty or contracts a disease due to his or her occupation;.

AB854,6 Section 6. 40.65 (4) (b) of the statutes is amended to read:

AB854,4,8 40.65 (4) (b) The disability is likely to be permanent ; and.

AB854,7 Section 7. 40.65 (4) (c) of the statutes is repealed and recreated to read:

AB854,4,10 40.65 (4) (c) The disability causes the employee to retire from his or her job.

AB854,8 Section 8. 40.65 (4d) of the statutes is created to read:

AB854,4,17 40.65 (4d) If an employer offers an employee who qualifies for a duty disability benefit under sub. (4) another position and the employee does not accept the offer, the employee may not receive a duty disability benefit. If an employee accepts such an offer of employment, the amount of the employee's monthly benefit is reduced by all earnings payable to the employee from the employer as provided under sub. (5) (b) 5.

AB854,9 Section 9. 111.70 (4) (mc) 1. of the statutes is created to read:

AB854,4,23 111.70 (4) (mc) 1. The benefit features of, and the eligibility conditions and methodology for obtaining and continuing to receive, any type of duty disability and survivor benefits for the public safety employee and the impact of the benefit features and such conditions and methodology on the wages, hours, and conditions of employment of the public safety employee.

AB854,10 Section 10. 111.91 (2) (hm) of the statutes is created to read:

AB854,5,5 111.91 (2) (hm) The benefit features of, and the eligibility conditions and methodology for obtaining and continuing to receive, any type of duty disability and survivor benefits for the public safety employee and the impact of the benefit features and such conditions and methodology on the wages, hours, and conditions of employment of the public safety employee.

AB854,11 Section 11. Nonstatutory provisions.

AB854,5,8 (1) Audit of certain disability and survivor benefit programs under public employee retirement systems in Wisconsin.

AB854,5,13 (a) The legislative audit bureau shall conduct a program evaluation audit of the duty disability and survivor benefits program under section 40.65 of the statutes and any comparable program under a retirement system of a county having a population of 500,000 or more and a retirement system of a 1st class city. The legislative audit bureau shall examine all of the following:

AB854,5,14 1. The history and purpose of the programs.

AB854,5,15 2. The costs and benefits of the programs to state and local governments.

AB854,5,16 3. Any inequities, abuse, or other problems of the programs.

AB854,5,18 4. Similarities and differences between the programs and those of similar programs in other states.

AB854,5,21 (b) In performing the program evaluation audit, the legislative audit bureau shall consider and propose changes to the design and implementation of the duty disability and survivor benefits programs.

AB854,5,23 (c) The legislative audit bureau shall file its report in the manner described under section 13.94 (1) (b) of the statutes before January 1, 2015.

AB854,12 Section 12. Initial applicability.

AB854,6,4 (1) The treatment of sections 111.70 (4) (mc) 1. and 111.91 (2) (hm) of the statutes first applies to a public safety employee who is covered by a collective bargaining agreement on the day on which the collective bargaining agreement expires or is extended, modified, or renewed, whichever occurs first.

AB854,6,5 (End)