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All of the benefit information below has been complied by COPS, a support group for police survivors.
Rev.03/05
STATE OF WISCONSIN
DEATH BENEFITS
To obtain certified copies of registered personal documents, contact the State of Wisconsin,
Department of Health, Vital Records, P. O. Box 309, Madison, WI 53702, phone (608) 267-
8810.
STATE DEATH BENEFITS
Statute 102.475(1)
A sum equal to the 75% of the primary death benefit as of the date of death, but not less
than $50,000 to the persons wholly dependent on the deceased. There are additional
provisions for increasing the amount of the benefit if there are more than four dependents.
The effect of "heart-related" causes on payment under this section: The statute requires
that the death arises from "an accidental injury" while in performance of his or her duties.
Unlike the statutes covering disability payments which allow for injury or disease, this statute
specifies accidental injury. In most cases this one-time death benefit would not be paid to an
officer dying of "heart-related causes".
Contact the Department of Industry, Labor & Human Relations, P.O. Box 7901,
Madison, WI 53707-7901, telephone 608-266-3131.
STATE PENSION BENEFITS
Pension benefits differ from agency to agency. Contact your officer's member retirement
facilitator or the Department of Employee Trust Funds (Wisconsin Retirement Fund),
201 E. Washington Avenue, Room 166, Madison, Wisconsin 53707.
If the employee killed is under 55 years old and started working after 1965, then the spouse
receives only what is in the decedent's retirement account at the time of death.
If the employee was hired prior to 1965, the sum that time would be adjusted upward for
inflation so that the payout would reflect the value of that sum in 1987 dollars. In addition,
the employer must match that amount.
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If the deceased is over 55 years old, then the spouse receives the same pension that the officer
would have received had he lived.
Benefits will cease upon remarriage.
EDUCATION BENEFITS
In 1996 the Governor of Wisconsin signed the 1995 Wisconsin Act 228 which waives tuition
and fees for surviving children at the 16 campuses that are part of the university of
Wisconsin System and at state-supported vocational/technical schools that are part of the
Technical College System. As of March, 1998, tuition and fees are also waived for surviving
spouses.
To receive the waiver, the surviving child of a law enforcement officer killed in the line of
duty must have been under the age of 21 (or in utero) at the time of the death. For
survivors enrolled in the university system, the waiver is in effect for up to five consecutive
years. The student must be in good standing and enrolled in a program that leads to a
bachelor’s degree. For survivors enrolled in the technical college system, the waiver is in
effect for up to three consecutive years. The student must be in good standing and enrolled
in a program leading to an associate of arts degree, a collegiate transfer program, or a
vocational diploma program.
Qualifying students should let the school know of their survivorship status at the time of
application for admission. Students will need to provide the school with written
documentation certifying their parent was killed in the line of duty. If you need assistance,
contact the Wisconsin Law Enforcement Memorial, Inc., P.O. Box 2733, Madison, WI
53701-2733, telephone (608) 846-9854.
POLICE CORPS SCHOLARSHIP FUNDS
The Police Corps is administered by the Office of the Police Corps and Law Enforcement
Education (OPCLEE), within the Office of Justice Programs, US Department of Justice, in
partnership with participating States that have submitted an approved State Plan. Information
can be found at www.ojp.usdoj.gov/opclee.
The Police Corps awards scholarships and reimburses educational expenses to students who
agree to work in a State or local police force for at least four years. Students must pursue an
undergraduate or graduate degree in a course of study which, in the judgment of the State or
local police force to which the participant will be assigned, includes appropriate preparation
for police service. Police Corps funds cover education expenses (including tuition, fees,
books, supplies, transportation, room and board, and miscellaneous expenses) up to $7,500
per academic year, with a limit on total payments to any student of $30,000.
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Police Corps scholarship funds are also available to dependent children of law
enforcement officers killed in the line of duty if the death occurred within the state after
that state was approved to participate in the Police Corps program. In Wisconsin, the
death must have occurred since September 1999. These scholarships may be applied to
any course of study, without any service or repayment obligation.
Police Corps participants are selected on a competitive basis by each State under regulations
prescribed by OPCLEE.
For more information, contact: Office of Justice Assistance, Executive Director David
Steingraber, 131 W. Wilson Street, Suite 202, Madison, WI 53702, phone 608-266-3323,
david.steingraber@oja.state.wi.us, or visit http://oja.state.wi.us.
HEALTH BENEFITS
Health insurance coverage will continue for surviving spouses if, at the time of death, the
officer was an active employee and had family coverage in place. The spouse can continue
the coverage, but must pay the insurance premiums. For additional information contact the
Department of Employee Trust Fund, 201 E. Washington Avenue, Room 166, Madison,
WI 53707.
WORKERS' COMPENSATION
Workers' Compensation coverage is compulsory for employers with 3 or more employees in
Wisconsin.
102.475 Death Benefit. If the deceased employee is a law enforcement officer on state active
duty or if the deceased person is an employee or volunteer performing emergency government
activities during a state of emergency who sustained an accidental injury while performing
services growing out of and incidental to that employment or volunteer activity so that
benefits are payable under section 102.46 or 102.47
(1) The department shall voucher and pay from the appropriation a
sum equal to 75% of the primary death benefit as of the date of
death, but not less than $50,000 to the persons wholly
dependent upon the deceased.
Payments to dependents. If there are more than 4 persons who are wholly dependent upon
the deceased employee, an additional benefit of $2,000 shall be paid for each dependent in
excess of 4.
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If there is more than one person who is wholly dependent upon the deceased employee, the
benefits under this section shall be apportioned between such dependents on the same
proportional basis as the primary death benefit.
Not to affect other rights, benefits or compensation. The compensation provided for in this
section is in addition to, and not exclusive of, any pension rights, death benefits or other
compensation otherwise payable by law.
To receive workers' compensation benefits the surviving spouse must take the initiative and
file a workers' compensation claim through a workers' compensation attorney to receive any
compensation. The determination as to whether the claim will be paid will be determined by
the Workers' Compensation Appeals Board.
For specific information concerning your specific family situation contact the Workers'
Compensation Division of the Department of Industry Labor and Human Relations, 201
East Washington Avenue, P.O. Box 7901, Madison, WI 53707, telephone (608) 266-
1340.
PERSONAL LIFE POLICIES
Real Estate - All property descends as follows:
(1) Spouse takes entire estate if no surviving issue, or if surviving
issue are all issue of surviving spouse and decedent; if there are
surviving issue any one of whom are not issue of surviving
spouse, spouse take one-half of decedent's estate not disposed of
by will consisting of decedent's property other than marital
property;
(2) issue take share of estate not passing to spouse or entire estate if
there is no surviving spouse; issue in same degree of kinship take
equally but if they are of unequal degree then take be
representation;
(3) if there is no surviving spouse or issue, property descends as
follows:
(a) parents or surviving parent;
(b) brothers and sisters, descendants of deceased brothers and
sisters taking by representation;
(c) grandparents;
(d) next of kin of equal degree.
If potential heir dies within 72 hours of death of decedent, property of decedent passes as if
person had predeceased decedent. Interest in home is assigned to surviving spouse as part of
his or her share unless surviving spouse requests otherwise. Person to whom property would
otherwise pass may disclaim all or part of property by filing signed declaration of disclaimer
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with court and serving copy on personal representative or holder of legal title to property
within nine months after date of decedent's death.
Degrees of kindred are computed according to the rules of the civil law.
Surviving spouse takes as indicated in subhead Real Estate, supra.
ADDITIONAL BENEFITS
PEER SUPPORT ORGANIZATION
Established in 1984, Concerns of Police Survivors, Inc. (COPS), is a national, non-profit
organization that works with law enforcement agencies, police organizations, mental health
professional, and local peer-support organizations to provide assistance to surviving families
of law enforcement officers killed in the line of duty. COPS has become a "lifeline" to police
survivors nationwide. Contact: Wisconsin COPS, Mrs. Carol Weinke, Chapter
President, PO Box 602, Reedsburg, WI 53959, 866-420-2500, saso24@mwt.net.
In Southern Wisconsin there is an organization that lends psychological support services to
the families of officers. Contact Cops Helping Cops, P.O. Box 14634, Madison, WI
53714, phone (608) 222-0463.
Victims Compensation Programs - There are victim/witness assistance programs located in
each county of the state as well as the main office. Contact the Wisconsin Department of
Justice, Office of Crime Victims Services, 222 State Street, P.O. Box 7951, Madison, WI
53707-7951, phone (800) 446-6564 or (608) 266-6470, fax (608) 266- 6676.
Law Enforcement Officers Memorial - The memorial was dedicated June 28, 1998. For more
information contact Wisconsin Law Enforcement Memorial, Inc., Lt. Brian Willison,
P.O. Box 2733, Madison, WI 53701-2733, telephone (608) 846-9854.
Wisconsin Professional Police Association - A $500 death benefit is provided to the
beneficiaries of its members who are killed in the line of duty. Contact the Wisconsin
Professional Police Association, General Operations, 340 Coyier Lane, Madison,
Wisconsin 53713; (608) 273-3840 or the Law Enforcement Employee Relations: 9730 W.
Bluemound Road, Wauwatosa, WI 53226; (414) 257-4000 or call 800-362-8838.
For information about benefits or for assistance in obtaining benefits, contact Lt. Brian
Willison, Wisconsin Law Enforcement Memorial, Inc., P. O. Box 2733, Madison, WI
53701-2733, telephone (608) 846-9854, or contact Lt. Willison at the Dane County
Sheriff’s Office, 115 W. Doty Street, Madison, WI 53703, telephone (608) 266-3456.
All of the benefit information above has been complied by COPS, a support group for police survivors.
Contact the National Office of Concerns of Police Survivors, Inc. for additional information, or to support any of COPS' programs.
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Web site copyrighted © 2005 by Lydia Warner Miller