LRB-2070/2
RAC:kaf:jlb
1997 - 1998 LEGISLATURE
March 27, 1997 - Introduced by Representatives Ourada, Dobyns, Ainsworth,
Meyer, Goetsch, Ziegelbauer, Musser, Vander Loop, Freese, Lorge, Hahn,
Baldwin, Boyle, Underheim, Ott, Gunderson, Porter, Huber and Plale,
cosponsored by Senators Breske, Panzer and Buettner. Referred to Joint
survey committee on Retirement Systems.
AB224,1,5
1An Act to amend 40.02 (48) (am) and 40.02 (48) (c); and
to create 40.02 (17) (m),
240.02 (17) (n), 40.65 (4v) and 40.65 (4w) of the statutes;
relating to: classifying
3state probation and parole officers and certain state employes who are teachers,
4librarians and social workers as protective occupation participants for the
5purposes 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 specifically classifies state probation and parole officers as protective
occupation participants for the purposes of the WRS. In addition, the bill specifically
classifies librarians, social workers and teachers who are employed at a state
correctional institution or secured correctional facility or a 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:
AB224, s. 1
1Section
1. 40.02 (17) (m) of the statutes is created to read:
AB224,2,112
40.02
(17) (m) Notwithstanding par. (d), each participant who is a state
3probation and parole officer on or after the effective date of this paragraph .... [revisor
4inserts date], shall be granted creditable service as a protective occupation
5participant for all covered service as a state probation and parole officer that was
6earned on or after the effective date of this paragraph .... [revisor inserts date], but
7may not be granted creditable service as a protective occupation participant for any
8covered service as a state probation and parole officer that was earned before the
9effective date of this paragraph .... [revisor inserts date], unless that service was
10earned while the participant was classified under sub. (48) (a) and s. 40.06 (1) (d) as
11a protective occupation participant.
AB224, s. 2
12Section
2. 40.02 (17) (n) of the statutes is created to read:
AB224,3,713
40.02
(17) (n) Notwithstanding par. (d), each participant who is a librarian or
14social worker or teacher employed at a state correctional institution or secured
15correctional facility or a secure mental health unit or facility specified under s.
16980.065 (1) on or after the effective date of this paragraph .... [revisor inserts date],
17shall be granted creditable service as a protective occupation participant for all
18covered service as a librarian or social worker or teacher employed at a state
19correctional institution or secured correctional facility or a secure mental health unit
20or facility specified under s. 980.065 (1) that was earned on or after the effective date
1of this paragraph .... [revisor inserts date], but may not be granted creditable service
2as a protective occupation participant for any covered service as a librarian or social
3worker or teacher employed at a state correctional institution or secured correctional
4facility or a secure mental health unit or facility specified under s. 980.065 (1) that
5was earned before the effective date of this paragraph .... [revisor inserts date],
6unless that service was earned while the participant was classified under sub. (48)
7(a) and s. 40.06 (1) (d) as a protective occupation participant.
AB224, s. 3
8Section
3. 40.02 (48) (am) of the statutes is amended to read:
AB224,3,219
40.02
(48) (am) "Protective occupation participant" includes any participant
10whose name is certified to the fund as provided in s. 40.06 (1) (d) and (dm) and who
11is a conservation warden, conservation patrol boat captain, conservation patrol boat
12engineer, conservation pilot, conservation patrol officer, forest fire control assistant,
13member of the state patrol, state motor vehicle inspector, police officer, fire fighter,
14sheriff, undersheriff, deputy sheriff,
state probation and parole officer, county traffic
15police officer,
librarian or social worker or teacher employed at a state correctional
16institution or secured correctional facility or a secure mental health unit or facility
17specified under s. 980.065 (1), state forest ranger, fire watcher employed by the
18Wisconsin veterans home, state correctional-psychiatric officer, excise tax
19investigator employed by the department of revenue, special criminal investigation
20agent in the department of justice, assistant or deputy fire marshal, or person
21employed under s. 61.66 (1).
AB224, s. 4
22Section
4. 40.02 (48) (c) of the statutes is amended to read:
AB224,4,1123
40.02
(48) (c) In s. 40.65, "protective occupation participant" means a
24participating employe who is a police officer, fire fighter, an individual determined
25by a participating employer under par. (a) or (bm) to be a protective occupation
1participant, county undersheriff, deputy sheriff,
state probation and parole officer, 2county traffic police officer,
librarian or social worker or teacher employed at a state
3correctional institution or secured correctional facility or a secure mental health unit
4or facility specified under s. 980.065 (1), conservation warden, state forest ranger,
5field conservation employe of the department of natural resources who is subject to
6call for forest fire control or warden duty, member of the state traffic patrol, state
7motor vehicle inspector, university of Wisconsin system full-time police officer,
8guard or any other employe whose principal duties are supervision and discipline of
9inmates at a state penal institution, excise tax investigator employed by the
10department of revenue, person employed under s. 61.66 (1), or special criminal
11investigation agent employed by the department of justice.
AB224, s. 5
12Section
5. 40.65 (4v) of the statutes is created to read:
AB224,4,1713
40.65
(4v) A state probation and parole officer who becomes a protective
14occupation participant on or after the effective date of this subsection .... [revisor
15inserts date], is not entitled to a duty disability benefit under this section for an
16injury or disease occurring before the effective date of this subsection .... [revisor
17inserts date].
AB224, s. 6
18Section
6. 40.65 (4w) of the statutes is created to read:
AB224,4,2419
40.65
(4w) A librarian or social worker or teacher employed at a state
20correctional institution or secured correctional facility or a secure mental health unit
21or facility specified under s. 980.065 (1) who becomes a protective occupation
22participant on or after the effective date of this subsection .... [revisor inserts date],
23is not entitled to a duty disability benefit under this section for an injury or disease
24occurring before the effective date of this subsection .... [revisor inserts date].
AB224,5,1
1(1)
This act takes effect on the January 1 after publication.
