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Bill > SB28


WI SB28

WI SB28
Classifying county jailers as protective occupation participants under the Wisconsin Retirement System and the treatment of county jailers under the Municipal Employment Relations Act. (FE)


summary

Introduced
02/03/2023
In Committee
03/16/2023
Crossed Over
Passed
Dead
04/15/2024

Introduced Session

Potential new amendment
2023-2024 Regular Session

Bill Summary

Under current law, participants under the Wisconsin Retirement System (WRS) whose principal duties involve active 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 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. LRB-1299/1 MIM:skw 2023 - 2024 Legislature SENATE BILL 28 This bill classifies county jailers as protective occupation participants without a requirement that their principal duties involve active law enforcement or active fire suppression or prevention. The bill defines county jailers as persons employed by a county whose principal duties involve supervising, controlling, or maintaining a jail or persons confined in a jail, regardless of whether the jailers have been sworn regarding their duties or whether they serve on a full-time basis. Under the bill, county jailers who become protective occupation participants on or after the bill's effective date and are employed by a county that did not classify county jailers as protective occupation participants on July 1, 2022, are required to pay all additional employer costs resulting from their classification as protective occupation participants, including the cost of the duty disability program. County jailers who were classified as protective occupation participants before the bill's effective date and county jailers hired on or after the bill's effective date in counties that did classify county jailers as protective occupation participants on July 1, 2022, are not required to pay the additional employer costs. The bill also allows a county jailer to elect at the time of hire not to become a protective occupation participant. Finally, under the Municipal Employment Relations Act, public safety employees may collectively bargain over wages, hours, and conditions of employment, and general employees may bargain collectively over only an annual percentage wage increase that does not exceed the annual percentage increase in the consumer price index. Under MERA, public safety employees and general employees may not be in the same collective bargaining unit. The bill amends MERA so that a county that treats a county jailer as a public safety employee on the effective date of this bill shall continue to treat any person it employs as a county jailer as a public safety employee except that, if the county subsequently raises a question regarding the appropriateness of including county jailers in a collective bargaining unit containing public safety employees, no person the county employs as a county jailer may be treated as a public safety employee. 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.

AI Summary

This bill classifies county jailers as protective occupation participants under the Wisconsin Retirement System (WRS), which means they have a lower normal retirement age and a higher percentage multiplier used to calculate their retirement annuities. The bill defines county jailers as those whose principal duties involve supervising, controlling, or maintaining a jail or persons confined in a jail. County jailers hired after the effective date in counties that did not previously classify jailers as protective occupation participants must pay the additional employer costs, while those in counties that did classify jailers as such are not required to pay those costs. The bill also allows county jailers to elect not to become protective occupation participants at the time of hire. Finally, the bill amends the Municipal Employment Relations Act to continue treating county jailers as public safety employees in counties that did so on the bill's effective date, unless the county later raises a question about the appropriateness of including them in a bargaining unit with public safety employees.

Committee Categories

Justice

Sponsors (52)

Joan Ballweg (R)* Dan Feyen (R)* André Jacque (R)* John Jagler (R)* Jesse James (R)* LaTonya Johnson (D)* Howard Marklein (R)* Jeff Smith (D)* Mark Spreitzer (D)* Scott Allen (R),  Clint Anderson (D),  David Armstrong (R),  Elijah Behnke (R),  Mark Born (R),  Robert Brooks (R),  Calvin Callahan (R),  Barbara Dittrich (R),  Robert Donovan (R),  James Edming (R),  Jodene Emerson (D),  Chanz Green (R),  Nate Gustafson (R),  Alex Joers (D),  Joel Kitchens (R),  Scott Krug (R),  John Macco (R),  Gae Magnafici (R),  Clint Moses (R),  Dave Murphy (R),  Jeff Mursau (R),  Amanda Nedweski (R),  Todd Novak (R),  Jerry O'Connor (R),  William Penterman (R),  Warren Petryk (R),  Jon Plumer (R),  Melissa Ratcliff (D),  Jessie Rodriguez (R),  Donna Rozar (R),  Michael Schraa (R),  Katrina Shankland (D),  Pat Snyder (R),  Shae Sortwell (R),  John Spiros (R),  David Steffen (R),  Lisa Subeck (D),  Rob Summerfield (R),  Travis Tranel (R),  Ron Tusler (R),  Nancy VanderMeer (R),  Robert Wittke (R),  Shannon Zimmerman (R), 

Last Action

Failed to pass pursuant to Senate Joint Resolution 1 (on 04/15/2024)

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