40.02(48)(am)12.12. An undersheriff.
40.02(48)(am)13.13. A deputy sheriff.
40.02(48)(am)14.14. A state probation and parole officer.
40.02(48)(am)15.15. A county traffic police officer.
40.02(48)(am)16.16. A state forest ranger.
40.02(48)(am)17.17. A fire watcher employed at Wisconsin veterans facilities.
40.02(48)(am)18.18. A state correctional-psychiatric officer.
40.02(48)(am)19.19. A special agent employed by the department of revenue who is authorized to act under s. 73.031.
40.02(48)(am)20.20. A special criminal investigation agent in the department of justice.
40.02(48)(am)21.21. An assistant or deputy fire marshal.
40.02(48)(am)22.22. A person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a).
40.02(48)(am)23.23. A county jailer.
40.02(48)(b)(b) Each determination of the status of a participant under this subsection shall include consideration, where applicable, of the following factors:
40.02(48)(b)1.1. A “police officer” is any officer, including the chief, or employee of a police department, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic and whose functions do not clearly fall within the scope of active law enforcement even though such an employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. Police officer includes any person regularly employed and qualifying as a patrol officer or a person of equal or higher rank, even if temporarily assigned to other duties.
40.02(48)(b)2.2. A “fire fighter” is any officer, including the chief, or employee of a fire department, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic and whose functions do not clearly fall within the scope of active fire suppression or prevention even though such an employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active fire suppression or prevention. Fire fighter includes any person regularly employed and qualifying as a fire fighter, hose handler or a person of equal or higher rank, even if temporarily assigned to other duties.
40.02(48)(b)3.3. A “deputy sheriff” or a “county traffic police officer” is any officer or employee of a sheriff’s office or county traffic department, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist or mechanic and whose functions do not clearly fall within the scope of active law enforcement even though such an employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement. Deputy sheriff or county traffic police officer does not include a county jailer, but does include any person regularly employed and qualifying as a deputy sheriff or county traffic police officer, even if temporarily assigned to other duties.
40.02(48)(b)4.4. A “member of the state traffic patrol” includes one division administrator in the department of transportation who is counted under s. 230.08 (2) (e) 12. and whose duties include supervising the state traffic patrol, if the division administrator is certified by the law enforcement standards board under s. 165.85 (4) (a) 1. as being qualified to be a law enforcement officer.
40.02(48)(b)5.5. A “county jailer” is an employee of a county whose principal duties involve supervising, controlling, or maintaining a jail or house of correction or the persons confined in a jail, as assigned by the sheriff under s. 59.27 (1), or the persons confined in a house of correction, as assigned by a county board of supervisors under s. 303.17, regardless of whether the employee has been sworn regarding his or her duties or whether the employee serves on a full-time basis, provided the department receives notification of the participant’s name as provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify an employee who is a county jailer as a protective occupation participant under par. (am) 23. without making a determination that the principal duties of the employee involve active law enforcement or active fire suppression or prevention. A determination under this subdivision may not be appealed under s. 40.06 (1) (e) or (em). A county jailer is not a protective occupation participant if he or she so elects with the employer under s. 59.52 (8m) or 2023 Wisconsin Act 4.
40.02(48)(bm)(bm) “Protective occupation participant” includes any participant who is an emergency medical services practitioner, as defined in s. 256.01 (5), if the participant’s employer classifies the participant as a protective occupation participant and the department receives notification of the participant’s name as provided in s. 40.06 (1) (d) and (dm). Notwithstanding par. (a), an employer may classify a participant who is an emergency medical services practitioner as a protective occupation participant without making a determination that the principal duties of the participant involve active law enforcement or active fire suppression or prevention. A determination under this paragraph may not be appealed under s. 40.06 (1) (e) or (em), but a determination under this paragraph regarding the classification of a state employee is subject to review under s. 40.06 (1) (dm). Notwithstanding sub. (17) (d), each participant who is classified as a protective occupation participant under this paragraph on or after January 1, 1991, shall be granted creditable service as a protective occupation participant for all covered service as an emergency medical services practitioner that was earned on or after the date on which the department receives notification of the participant’s name as provided in s. 40.06 (1) (d) and (dm), but may not be granted creditable service as a protective occupation participant for any covered service as an emergency medical services practitioner that was earned before that date.
40.02(48)(c)(c) In s. 40.65, “protective occupation participant” means a participating employee who is a police officer, fire fighter, an individual determined by a participating employer under par. (a) or (bm) to be a protective occupation participant, county undersheriff, deputy sheriff, county jailer who is certified as a protective occupation participant, state probation and parole officer, county traffic police officer, conservation warden, state forest ranger, field conservation employee of the department of natural resources who is subject to call for forest fire control or warden duty, member of the state traffic patrol, state motor vehicle inspector, University of Wisconsin System full-time police officer, guard or any other employee whose principal duties are supervision and discipline of inmates at a state penal institution, special agent employed by the department of revenue who is authorized to act under s. 73.031, person employed under s. 60.553 (1), 61.66 (1), or 62.13 (2e) (a), or special criminal investigation agent employed by the department of justice.
40.02(48m)(48m)“Qualified domestic relations order” means a judgment, decree or order issued by a court pursuant to a domestic relations law of any state or territory of the United States, that meets all of the following criteria:
40.02(48m)(a)(a) The name, date of birth, social security number and last-known mailing address of the participant and the alternate payee are specified.
40.02(48m)(b)(b) The Wisconsin retirement system is specified by name.
40.02(48m)(c)(c) The decree date is specified as the date to be used for valuing and dividing the participant’s account.
40.02(48m)(d)(d) The alternate payee share is specified as a single percentage, not to exceed 50 percent of the value of the participant’s account on the decree date, to be applied to all parts of the participant’s account.
40.02(48m)(e)(e) The determination of the alternate payee share does not require that benefits be paid to the alternate payee if those benefits are also required to be paid to another alternate payee under another judgment, decree, or order previously determined to be a qualified domestic relations order or to the internal revenue service under a lien placed on the participant’s account under section 64 of the Internal Revenue Code.
40.02(48m)(f)(f) The judgment, decree or order requires the participant to certify, in a form prescribed by the department, all of the participant’s active military service, as described in sub. (15) (a).
40.02(48m)(g)(g) The judgment, decree or order does not require payment of benefits exceeding in value those benefits to which the participant is entitled on the decree date.
40.02(48m)(h)(h) The judgment, decree or order does not assign any form of joint ownership of a participant’s account or benefits payable from the account.