LRB-0485/1
RAC:hmh&jld:rs
2001 - 2002 LEGISLATURE
February 1, 2001 - Introduced by Representatives Musser, Powers, Turner,
Balow, Pocan, Plouff, Plale, Travis, Gronemus, J. Lehman, Lassa, Huber,
Hundertmark, Friske, Bock, Gunderson, Ladwig, Loeffelholz, Black, Ryba,
Sykora, Freese, La Fave, Underheim, Williams, Albers
and Suder,
cosponsored by Senators Plache, Erpenbach, Burke, Schultz, Breske,
Hansen, George, Robson, Risser, Moen
and Roessler. Referred to Joint
survey committee on Retirement Systems.
AB91,1,4 1An Act to amend 40.02 (48) (c); and to create 40.02 (17) (n), 40.02 (48) (bd) and
240.65 (4w) of the statutes; relating to: classifying certain teachers employed
3by the state as protective occupation participants under the Wisconsin
4retirement 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 teachers and librarians 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:
AB91, s. 1 1Section 1. 40.02 (17) (n) of the statutes is created to read:
AB91,2,212 40.02 (17) (n) Notwithstanding par. (d), each participant who is a teacher or
3librarian employed at a state correctional institution, a secured correctional facility,
4as defined in s. 938.02 (15m), a mental health institute specified in s. 51.05 (1), the
5Wisconsin Resource Center, established under s. 46.056, or a secure mental health
6unit or facility, 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 teacher or librarian
9employed at a state correctional institution, a secured correctional facility, as defined
10in s. 938.02 (15m), a mental health institute specified in s. 51.05 (1), the Wisconsin
11Resource Center, established under s. 46.056, or a secure mental health unit or
12facility, established under s. 980.065 (2), that was earned on or after the effective date
13of this paragraph .... [revisor inserts date], but may not be granted creditable service
14as a protective occupation participant for any covered service as a teacher or
15librarian employed at a state correctional institution, a secured correctional facility,
16as defined in s. 938.02 (15m), a mental health institute specified in s. 51.05 (1), the
17Wisconsin Resource Center, established under s. 46.056, or a secure mental health
18unit or facility, established under s. 980.065 (2), that was earned before the effective
19date of this paragraph .... [revisor inserts date], unless that service was earned while
20the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as a protective
21occupation participant.
AB91, s. 2
1Section 2. 40.02 (48) (bd) of the statutes is created to read:
AB91,3,162 40.02 (48) (bd) "Protective occupation participant" includes any participant
3who is a teacher or librarian employed at a state correctional institution, a secured
4correctional facility, as defined in s. 938.02 (15m), a mental health institute specified
5in s. 51.05 (1), the Wisconsin Resource Center, established under s. 46.056, or a
6secure mental health unit or facility, established under s. 980.065 (2), if the
7participant's employer classifies the participant as a protective occupation
8participant and the department receives notification of the participant's name as
9provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may
10classify a participant who is a teacher or librarian employed at a state correctional
11institution, a secured correctional facility, as defined in s. 938.02 (15m), a mental
12health institute specified in s. 51.05 (1), the Wisconsin Resource Center, established
13under s. 46.056, or a secure mental health unit or facility, established under s.
14980.065 (2), as a protective occupation participant without making a determination
15that the principal duties of the participant involve active law enforcement or active
16fire suppression or prevention.
AB91, s. 3 17Section 3. 40.02 (48) (c) of the statutes is amended to read:
AB91,4,418 40.02 (48) (c) In s. 40.65, "protective occupation participant" means a
19participating employee who is a police officer, fire fighter, an individual determined
20by a participating employer under par. (a), (bd), or (bm) to be a protective occupation
21participant, county undersheriff, deputy sheriff, state probation and parole officer,
22county traffic police officer, conservation warden, state forest ranger, field
23conservation employee of the department of natural resources who is subject to call
24for forest fire control or warden duty, member of the state traffic patrol, state motor
25vehicle inspector, University of Wisconsin System full-time police officer, guard or

1any other employee whose principal duties are supervision and discipline of inmates
2at a state penal institution, excise tax investigator employed by the department of
3revenue, person employed under s. 61.66 (1), or special criminal investigation agent
4employed by the department of justice.
AB91, s. 4 5Section 4. 40.65 (4w) of the statutes is created to read:
AB91,4,136 40.65 (4w) A teacher or librarian employed at a state correctional institution,
7a secured correctional facility, as defined in s. 938.02 (15m), a mental health institute
8specified in s. 51.05 (1), the Wisconsin Resource Center, established under s. 46.056,
9or a secure mental health unit or facility, established under s. 980.065 (2), who
10becomes a protective occupation participant on or after the effective date of this
11subsection .... [revisor inserts date], is not entitled to a duty disability benefit under
12this section for an injury or disease occurring before the effective date of this
13subsection .... [revisor inserts date].
AB91, s. 5 14Section 5. Effective date.
AB91,4,1515 (1) This act takes effect on the January 1 after publication.
AB91,4,1616 (End)
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