LRB-0853/1
RAC:jld:pg
2005 - 2006 LEGISLATURE
March 16, 2005 - Introduced by Representatives Freese, Gronemus, Albers,
Black, Bies, J. Fitzgerald, Gunderson, Hines, Kaufert, Kerkman, Musser,
Pettis, Sherman, Shilling, Suder and Van Akkeren, cosponsored by Senators
Zien, Schultz, Breske, Jauch, Lassa, Leibham and Risser. Referred to
Committee on Corrections and the Courts. Referred to Joint Survey
Committee on Retirement Systems.
AB225,1,4
1An Act to amend 40.02 (48) (c); and
to create 40.02 (17) (n), 40.02 (48) (am) 23.
2and 40.65 (4w) of the statutes;
relating to: classifying county jailers as
3protective occupation participants for the purposes of 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 county jailers 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:
AB225, s. 1
1Section
1. 40.02 (17) (n) of the statutes is created to read:
AB225,2,102
40.02
(17) (n) Notwithstanding par. (d), each participant who is a county jailer
3on or after the effective date of this paragraph .... [revisor inserts date], shall be
4granted creditable service as a protective occupation participant for all covered
5service as a county jailer that was earned on or after the effective date of this
6paragraph .... [revisor inserts date], but may not be granted creditable service as a
7protective occupation participant for any covered service as a county jailer that was
8earned before the effective date of this paragraph .... [revisor inserts date], unless
9that service was earned while the participant was classified under sub. (48) (a) and
10s. 40.06 (1) (d) as a protective occupation participant.
AB225, s. 2
11Section
2. 40.02 (48) (am) 23. of the statutes is created to read:
AB225,2,1212
40.02
(48) (am) 23. A county jailer.
AB225, s. 3
13Section
3. 40.02 (48) (c) of the statutes is amended to read:
AB225,3,414
40.02
(48) (c) In s. 40.65, "protective occupation participant" means a
15participating employee who is a police officer, fire fighter, an individual determined
16by a participating employer under par. (a) or (bm) to be a protective occupation
17participant, county undersheriff, deputy sheriff, state probation and parole officer,
18county traffic police officer,
county jailer, conservation warden, state forest ranger,
19field conservation employee of the department of natural resources who is subject to
20call for forest fire control or warden duty, member of the state traffic patrol, state
21motor vehicle inspector, University of Wisconsin System full-time police officer,
1guard or any other employee whose principal duties are supervision and discipline
2of inmates at a state penal institution, excise tax investigator employed by the
3department of revenue, person employed under s. 61.66 (1), or special criminal
4investigation agent employed by the department of justice.
AB225, s. 4
5Section
4. 40.65 (4w) of the statutes is created to read:
AB225,3,96
40.65
(4w) A county jailer who becomes a protective occupation participant on
7or after the effective date of this subsection .... [revisor inserts date], is not entitled
8to a duty disability benefit under this section for an injury or disease occurring before
9the effective date of this subsection .... [revisor inserts date].
AB225,3,1111
(1)
This act takes effect on the January 1 after publication.
