NUMB:
980130
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITLE:
A substitute charter ordinance relating to implementation of the judgment of the Circuit Court in Bradley DeBraska, et al. v. City of Milwaukee, et al., Circuit Court Case No. 93-CV-016054 as it relates to the Employes' Retirement System.
ANLS:
-Analysis-
This substitute charter ordinance implements the amended judgment in the above-captioned case. It also extends the implementation to similarly situated firemen and policemen. This has been updated based on information supplied by the employes' retirement system.
BODY:
Whereas, A series of charter ordinances enacted by the City of Milwaukee commencing in 1976 reduced the duty disability retirement conversion ages for policemen, members of the Employes' Retirement System; and
Whereas, Such charter ordinances have been declared unconstitutional as applied to the extent that the duty disability retirement conversion age for certain plaintiffs in the above-entitled action would be reduced to an age less than the age applicable to such plaintiffs on the date of their hire; and
Whereas, The defendant City and Employes' Retirement System have been enjoined from enforcing the aforementioned charter ordinances reducing disability retirement conversion ages against such plaintiffs to the extent that such enforcement would reduce the duty disability retirement conversion age of such a plaintiff to an age lower than the age applicable to the plaintiff on the date of the plaintiff's hiring; and
Whereas, The Common Council is informed that there are similarly situated policemen and firemen who are not covered by the amended judgment in Case No. 93-CV-016054 and the Common Council is desirous of extending the implementation to such similarly situated firemen and policemen; and
Whereas, The Common Council believes that the enactment of a charter ordinance implementing the judgment is desirable in the interest of administrative efficiency so as to provide clarity in the implementation of the judgment; now therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Notwithstanding any provision of s. 36-05-3-c-3 to the contrary, the following conversion ages shall apply to firemen and policemen who retired on a duty disability retirement allowance and are subject to mandatory conversion in the employes' retirement system: (See attachment 1)
Part 2. This charter ordinance shall be retrospectively applied so as to permit retired firemen and policemen to be made whole for any loss of retirement income from the commencement date as specified below to the effective date of this charter ordinance September 1, 1998 resulting from the application of charter ordinances reducing the duty disability retirement conversion age of such retirees to an age lower than the age applicable for such retirees as specified in Part 1. (See attachment 2)
Part 3. This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed under s. 66.01(5), Wis. Stats., in which event this ordinance shall not take effect until submitted to a referendum and approved by a majority of the electors voting.
LRB:
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
City Attorney
DFTR:
City Atty
#2960/TEH:kef
5/18/98