2015 - 2016 LEGISLATURE
March 3, 2016 - Introduced by Representatives Born,
Ballweg, Czaja, Danou,
Edming, Genrich, Hintz, Horlacher, Kitchens, Kleefisch, Macco, Mason,
Milroy, Mursau, Ripp, Schraa, Spreitzer, Steffen, Stuck, Subeck, C. Taylor
and Thiesfeldt, cosponsored by Senators Marklein,
Hansen, Harsdorf, Lasee and Vinehout. Referred to Committee on
1An Act to amend
40.02 (48) (c); and to create
40.02 (17) (n), 40.02 (48) (am) 23., 2
40.02 (48) (b) 5. and 40.65 (4w) of the statutes; relating to: classifying county
3jailers, detention officers, and correctional officers as protective occupation
4participants 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 active 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 permits counties to classify county jailers, detention officers, and
correctional officers eligible as protective occupation participants under the WRS
without a requirement that their principal duties involve active law enforcement or
active fire suppression or prevention.
Because this bill relates to public employee retirement or pensions, it may be
referred to the Joint Survey Committee on Retirement Systems for a report to be
printed as an appendix to the 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:
40.02 (17) (n) of the statutes is created to read:
(n) Notwithstanding par. (d), each participant who is a county jailer 3
and who is classified as a protective occupation participant shall be granted 4
creditable service as a protective occupation participant for all covered service while 5
a county jailer that was earned on or after the effective date of this paragraph .... 6
[LRB inserts date], but may not be granted creditable service as a protective 7
occupation participant for any covered service as a county jailer that was earned 8
before the effective date of this paragraph .... [LRB inserts date], unless that service 9
was earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) 10
(d) as a protective occupation participant.
40.02 (48) (am) 23. of the statutes is created to read:
(am) 23. A county jailer.
40.02 (48) (b) 5. of the statutes is created to read:
(b) 5. A "county jailer" includes a county detention officer and a 15
county correctional officer. Notwithstanding par. (a), an employer may classify a 16
participant who is a county jailer as a protective occupation participant without 17
making a determination that the principal duties of the participant involve active 18
law enforcement or active fire suppression or prevention. A determination under 19
this subdivision may not be appealed under s. 40.06 (1) (e) or (em).
40.02 (48) (c) of the statutes is amended to read:
(c) In s. 40.65, "protective occupation participant" means a 2
participating employee who is a police officer, fire fighter, an individual determined 3
by a participating employer under par. (a) or (bm) to be a protective occupation 4
participant, county undersheriff, deputy sheriff, county jailer,
state probation and 5
parole officer, county traffic police officer, conservation warden, state forest ranger, 6
field conservation employee of the department of natural resources who is subject to 7
call for forest fire control or warden duty, member of the state traffic patrol, state 8
motor vehicle inspector, University of Wisconsin System full-time police officer, 9
guard or any other employee whose principal duties are supervision and discipline 10
of inmates at a state penal institution, excise tax investigator employed by the 11
department of revenue, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) 12
(a), or special criminal investigation agent employed by the department of justice.
40.65 (4w) of the statutes is created to read:
A county jailer who becomes a protective occupation participant on 15
or after the effective date of this subsection .... [LRB inserts date], is not entitled to 16
a duty disability benefit under this section for an injury or disease occurring before 17
the effective date of this subsection .... [LRB inserts date].
(1) This act takes effect on the January 1 after publication.