the best fit for the government entity for the corporation is that they may get a reduction in their premiums from the insurance company now i don't know that to be the case here but usually yes well most players are instituted  now the board's contention that participating in a mandatory physical fitness test about greed to the policy the policy that was also codified in a general order so it was made part of the collective bargaining agreement was also part of director james will general order so there he was performing an active duty as you would do readers if it's a great area because there's a lot of policy considerations why would a village want to offer this incentive or why the department would encourage officers to you know go the additional mile on their own even though not required to that's a really a great year it's a lot of policy considerations as you articulated some of the policy reasons behind asking someone to perform the additional would you can see that there are districts in similar situations that are found clearly erroneous standard of review to be in play here because you have a given set of facts but applying the law to the given set of facts is a clearly erroneous it's a decision in my opinion that's that is great ramifications but at the same time it's important to understand that this case is unique from the other cases that the defendant board is sort of in that we're dealing with the act from the pension portion perspective that's relatively near relative to all the respect that every employee by virtue of taking a job has mandatory requirements of doing that shop showing up to more showing up for work on  and there's nothing special about working off people unlike me choose to do that i probably should do that but the point is there is no special work inherent in you need to police examination before they are considered correct and we are a partner in this this sebille the collective bargaining agreement carries it forward not only are you going to be required to be physically fit to to get the job if you did line for the job you're going to have to remain physically fit in order to maintain your status as a as a police officer in your own right not to the best different than any other profession mr since odds are and he regularly continues to talk about this risk it's going to be assumed by officers in the village to assume additional risk by asking officers to do things but this is not me change the pension the pension funds non subjective the collective bargaining agreement the parties are not free to borrow the benefits of the pension code and as such they can hold sleepers on the pension board based upon a collective bargaining agreement in addition to that it's not like officer shape for is offered no benefits for being injured he was given a non line of duty disability benefit any haber seat warmers compensation benefits with the village assumes an additional risk in the things that you can control for instance worker's compensation same time it didn't rise to the level of a special risk in olson had a person who complained of migraines because of work related stress court health everyone has stressed he saw from a human exposed to more stress it was certainly are in many many cases they probably are in most professions believe that he would be entitled to a whining to the disability benefit but going further he was her during the volunteered act and when he was asked why he did it he said it was because it paid more and because it gave him personal property it didn't the policy there is that if you like to continue being employed you're going to maintain this the forty percent fitness level there are additional ways to do it but at the same time those public policies should not be borne out on the back of the p the good thing in our good samaritans in our heroes every day like police officers and firefighters that's different than what occurred here what occurred here is somebody was involved in more married activity and civilians in gage it wasn't serving papers he wasn't serving a warrant end in this case as opposing counsel stated well those plans are more and more common in the corporate setting as they were here that physical fitness for insurance reasons or whatever the employer motivation are routine more of corporate civilian life as they are here and yes there are things that we don't want to do or the choir's to do by virtue of accepting point in any context and this is the same thing individual acting at the time of the the actual act was he acting in his or her official capacity or was not necessarily was a discretionary act as is mandated to take a physical fitness test that keep here there's no option here for my shifter and that is why i argue earlier that did the wrist the social risk there if you are going to put it in there then let the officers know that if the opted to use discretion in exceed the room you broke the risk of taking yourself out of that definition it was considered an active duty so