SB744: Bill Text

LRB-4205/1

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2015 - 2016 LEGISLATURE

2015 Senate BILL 744

February 17, 2016 - Introduced by Senators C. Larson and Harris Dodd, cosponsored by Representatives Barnes, Berceau, Brostoff, Goyke and Sinicki. Referred to Committee on Labor and Government Reform.

SB744,1,3 An Act to create 40.65 (4d), 59.89, 62.625 and 175.475 of the statutes; relating to: prohibiting payment of duty disability benefits to certain law enforcement officers.

Analysis by the Legislative Reference Bureau

This bill provides that under the Wisconsin Retirement System (WRS), a protective occupation participant whose principal duties involve active law enforcement may not receive a duty disability benefit if all of the following occur: 1) the participant was injured while performing his or her duty in violation of law or any policy or protocol established by his or her employer, 2) the violation of law or any policy or protocol established by his or her employer that resulted in a situation that required the use of force, and 3) at the time the participant was injured, an individual died or suffered serious bodily harm as a result of the actions of the participant. The bill also applies this same provision to any retirement system of a county with a population of 500,000 or more and to any retirement system of a first class city.

Generally, under the WRS and other public employment systems, a duty disability benefit is a retirement benefit provided to an employee who is totally and permanently incapacitated from performing the responsibilities of his or her employment because of a duty-related injury. Most often, these employees have principal job duties that involve active law enforcement or fire suppression.

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:

SB744,1 Section 1. 40.65 (4d) of the statutes is created to read:

SB744,2,4 40.65 (4d) A protective occupation participant whose principal duties involve active law enforcement is not entitled to a duty disability benefit under this section if all of the following occur:

SB744,2,6 (a) The participant was injured while performing his or her duty in violation of law or any policy or protocol established by his or her employer.

SB744,2,9 (b) The participant's violation of law or any policy or protocol established by his or her employer resulted in a situation that required the use of force, as determined under s. 175.475.

SB744,2,12 (c) At the time the participant was injured, an individual died or suffered serious bodily harm, as defined in s. 969.001 (2), as a result of the actions of the participant.

SB744,2 Section 2. 59.89 of the statutes is created to read:

SB744,2,15 59.89 Employee retirement system of populous counties; duty disability benefits. (1) In this section:

SB744,2,16 (a) "County" means any county having a population of 500,000 or more.

SB744,2,19 (b) "Duty disability benefit" means a retirement benefit provided to an employee who is totally and permanently incapacitated from performing the responsibilities of his or her employment due to a duty-related injury.

SB744,2,20 (c) "Serious bodily harm" has the meaning given in s. 969.001 (2).

SB744,3,4 (2) If an employment retirement system of a county offers a duty disability benefit, the employment retirement system may not provide the duty disability benefit to any employee whose principal duties involve active law enforcement if all of the following occur:

SB744,3,6 (a) The employee was injured while performing his or her duty in violation of law or any policy or protocol established by his or her employer.

SB744,3,9 (b) The employee's violation of law or any policy or protocol established by his or her employer resulted in a situation that required the use of force, as determined under s. 175.475.

SB744,3,11 (c) At the time the employee was injured, an individual died or suffered serious bodily harm as a result of the actions of the employee.

SB744,3 Section 3. 62.625 of the statutes is created to read:

SB744,3,14 62.625 Employee retirement system of a 1st class city; duty disability benefits. (1) In this section:

SB744,3,17 (a) "Duty disability benefit" means a retirement benefit provided to an employee who is totally and permanently incapacitated from performing the responsibilities of his or her employment due to a duty-related injury.

SB744,3,18 (b) "Serious bodily harm" has the meaning given in s. 969.001 (2).

SB744,3,22 (2) If an employment retirement system of a 1st class city offers a duty disability benefit, the employment retirement system may not provide the duty disability benefit to any employee whose principal duties involve active law enforcement if all of the following occur:

SB744,3,24 (a) The employee was injured while performing his or her duty in violation of law or any policy or protocol established by his or her employer.

SB744,4,3 (b) The employee's violation of law or any policy or protocol established by his or her employer resulted in a situation that required the use of force, as determined under s. 175.475.

SB744,4,5 (c) At the time the employee was injured, an individual died or suffered serious bodily harm as a result of the actions of the employee.

SB744,4 Section 4. 175.475 of the statutes is created to read:

SB744,4,14 175.475 Duty disability benefit eligibility determination. If a person whose principal duties involve active law enforcement applies for a duty disability benefit under s. 40.65 or under a retirement system of a populous county, as defined in s. 59.89 (1) (a), or of a 1st class city, 2 investigators shall determine if the applicant is not entitled to a duty disability benefit because the applicant violated a law or any policy or protocol established by his or her employer and the violation resulted in a situation that required the use of force. This determination shall be done as part of an investigation under s. 175.47 (3) (a) if applicable.

SB744,5 Section 5. Initial applicability.

SB744,4,17 (1) This act first applies to individuals who apply for a duty disability benefit on the effective date of this subsection.

SB744,4,18 (End)