Number
010650
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
Resolution authorizing a settlement in Policemen's Annuity and Benefit Fund, et al. v. City of Milwaukee, Circuit Court Case No. 97-CV-009822. (City Atty.)
Analysis
The Policemen's Annuity and Benefit Fund of the City of Milwaukee and a number of individual plaintiffs who are members of the fund brought suit against the City of Milwaukee seeking to compel the City to make certain employer-paid employee contributions going back to 1969. On appeal, the court of appeals held that the claims of the Policemen's Annuity and Benefit Fund were not subject to a 6-year statute of limitations and remanded the case to the circuit court to determine the extent of City liability. The City has petitioned the Wisconsin Supreme Court for review of the court of appeal's decision. The petition on review is pending. On August 15, 2001, attorneys for the parties reached a tentative settlement conditioned upon approval of the common council and the mayor. Under the terms of the settlement, the City will allocate an additional sum of $150,000 to the $1,395,349 previously allocated as part of the global pension settlement. The sum of $1,395,349 will be paid as soon as reasonably practicable. The sum of $150,000 will be paid after January 1, 2002. Both sums will be paid into the supplemental payment fund and disbursed at the direction of the retirement board of the Policemen's Annuity and Benefit Fund.
Body
Whereas, The Policemen's Annuity and Benefit Fund and certain individual members of the Policemen's Annuity and Benefit Fund have commenced an action against the City of Milwaukee, Policemen's Annuity and Benefit Fund, et al. v. City of Milwaukee, Circuit Court Case No. 97-CV-009822, to compel certain employer-paid employee contributions going back to 1969; and
Whereas, The parties have reached an agreement as to the settlement of such case; now, therefore, be it
Resolved, That the stipulation and order for dismissal attached to this resolution be and hereby is approved and ratified by the Common Council of the City of Milwaukee; and, be it
Further Resolved, That the sum of $1,395,349 previously allocated to the Policemen's Annuity and Benefit Fund as part of the global pension settlement be and hereby is appropriated from Policemen's Pension Fund - Lump Sum Supplement Contribution Account No. 0001-9990-R443-006100 for payment to the supplemental payment fund of the Policemen's Annuity and Benefit Fund; and, be it
Further Resolved, That the additional sum of $150,000 be included in the 2002 budget as a contribution to the supplemental payment fund; and, be it
Further Resolved, That the proper city officers be and hereby are authorized and directed to do everything that is necessary and appropriate to effectuate the settlement.
Requestor
City Attorney
Drafter
TEH:kef
August 27, 2001
97C000422 44524