LRB-4003/1
RAC:jld:ph
2009 - 2010 LEGISLATURE
February 24, 2010 - Introduced by Representatives Van Akkeren, Bies, Sherman,
Zigmunt, Mason, Berceau, Kaufert, Hraychuck, Mursau
and Pope-Roberts,
cosponsored by Senators Risser, Leibham and Harsdorf. Referred to
Committee on Corrections and the Courts. Referred to Joint Survey
Committee on Retirement Systems.
AB776,1,3 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 county jailers as protective
3occupation participants for the purposes of the Wisconsin Retirement 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 classifies county jailers as protective occupation participants for the
purposes of the WRS.
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:
AB776, s. 1 1Section 1. 40.02 (17) (n) of the statutes is created to read:
AB776,2,92 40.02 (17) (n) Notwithstanding par. (d), each participant who is a county jailer
3shall be granted creditable service as a protective occupation participant for all
4covered service while a county jailer that was earned on or after the effective date
5of this paragraph .... [LRB inserts date], but may not be granted creditable service
6as a protective occupation participant for any covered service as a county jailer that
7was earned before the effective date of this paragraph .... [LRB inserts date], unless
8that service was earned while the participant was classified under sub. (48) (a) and
9s. 40.06 (1) (d) as a protective occupation participant.
AB776, s. 2 10Section 2. 40.02 (48) (bd) of the statutes is created to read:
AB776,2,1611 40.02 (48) (bd) "Protective occupation participant" includes any participant
12who is a county jailer, if the department receives notification of the participant's
13name as provided in s. 40.06 (1) (d). Notwithstanding par. (a), an employer shall
14classify such a participant as a protective occupation participant without making a
15determination that the principal duties of the participant involve active law
16enforcement or active fire suppression or prevention.
AB776, s. 3 17Section 3. 40.02 (48) (c) of the statutes is amended to read:
AB776,3,818 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,

1county traffic police officer, conservation warden, state forest ranger, field
2conservation employee of the department of natural resources who is subject to call
3for forest fire control or warden duty, member of the state traffic patrol, state motor
4vehicle inspector, University of Wisconsin System full-time police officer, guard or
5any other employee whose principal duties are supervision and discipline of inmates
6at a state penal institution, excise tax investigator employed by the department of
7revenue, person employed under s. 61.66 (1), or special criminal investigation agent
8employed by the department of justice.
AB776, s. 4 9Section 4. 40.65 (4w) of the statutes is created to read:
AB776,3,1310 40.65 (4w) A county jailer who becomes a protective occupation participant on
11or after the effective date of this subsection .... [LRB inserts date], is not entitled to
12a duty disability benefit under this section for an injury or disease occurring before
13the effective date of this subsection .... [LRB inserts date].
AB776, s. 5 14Section 5. Effective date.
AB776,3,1515 (1) This act takes effect on the January 1 after publication.
AB776,3,1616 (End)
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