1. (1) Fatalities. For purposes of paying a death benefit under s. 40.65 (7) (am), Stats., and sub. (2), a protective occupation participant who suffers fatal injury while performing the participant’s duty, or who dies due to a disease contracted due to the participant’s occupation, is deemed to have died as the result of an injury for which a benefit would be payable under s. 40.65 (4), Stats., even if there was no inability to perform the job immediately prior to death.

2. (2) State employee death benefits. Except as provided in par. (a) or (b), death benefits with respect to deceased state employee participants receiving duty disability benefits are determined under s. 40.65 (7), Stats.

   1. (a) The treatment of s. 40.65 (7) (a) (intro.) and (am), 1985-86 Stats., by 1987 Wis. Act 363, affecting death benefits, does not apply to a state employee covered by a collective bargaining agreement under subch. V of ch. 111, Stats., until the office of state employment relations notifies the department that the treatment was approved by the collective bargaining representative and by the joint committee on employment relations.

      Note: See 1987 Wis. Act 363, section 11 (2), concerning initial applicability.

   2. (b) The treatment of s. 40.65 (7) (a) (intro.) and (am), 1985-86 Stats., by 1987 Wis. Act 363, affecting death benefits, does not apply to a state employee not covered by a collective bargaining agreement under subch. V of ch. 111, Stats., until the office of state employment relations notifies the department that the treatment was recommended by the director of the office of state employment relations and approved by the joint committee on employment relations.

3. (3) Limitations. If a protective occupation participant who was approved for duty disability benefits dies of a disease listed under s. 891.45, 891.453, or 891.455, Stats., but the benefit was not approved based on that disease, the surviving spouse, domestic partner, or surviving children of the protective occupation participant are not eligible to apply for death benefits as a result of that disease.

   Note: See 1987 Wis. Act 363, section 11 (3), concerning initial applicability.

History

History: Cr. Register, September, 1998, No. 513, eff. 10-1-98; CR 13-029: cr. (3) Register November 2013 No. 695, eff. 12-1-13; CR 19-097: am. (3) Register May 2021 No. 785, eff. 6-1-21.