Number
041221
Version
SUBSTITUTE 3
Reference
Sponsor
ALD. DUDZIK, WITKOWSKI, ZIELINSKI AND WITKOWIAK
Title
A substitute ordinance relating to providing differential pay for city employes activated into service in the U.S. armed forces.
Sections
350-36-2.6 cr
Analysis
This ordinance provides that permanent full-time city employes who are activated to serve or who are serving on military duty in the U.S. armed forces on or after January 1, 2006 shall be paid for a period of up to 179 days his or her city pay, less gross military pay, including all entitlements the service member may be entitled to receive, as reflected on a military leave and earnings statement DFAS Form 702, during the period in which the city employe is on military duty in the U.S. armed forces, unless the gross military pay equals or exceeds his or her city pay. For purposes of calculating an employe’s city pay, a credit (reduction) shall be made to the employe’s pay equivalent to the employe’s share of any contribution made by the city on behalf of the employe pursuant to s. 350-36-2.5, continuation of city health and dental plans with respect to family enrollment. The department of employe relations and the office of the comptroller shall administer this ordinance. This ordinance shall be null and void after December 31, 2007.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 350-36-2.6 of the code is created to read:
350-36. Military Leave.
2.6. DIFFERENTIAL PAY FOR ACTIVATION INTO CERTAIN MILITARY SERVICE.
a. Definitions. For purposes of this subsection:
a-1. "City pay" shall consist of the sum of 2 components. The first component shall include the employe’s biweekly base salary pay rate in effect on the date on which the employe is activated to serve on military duty, as that rate is established in the salary ordinance. The second component shall include specifically identified and guaranteed additional pay, other than base salary, if any, that an employe would have received during a regular bi-weekly pay period if the employee had been on the payroll, excluding pay an employe would not be entitled to receive under a collective bargaining agreement, ordinance or applicable policy if he or she were on an authorized leave of absence; such additional pay shall also exclude, without limitation, overtime and payment for any other activity that would occur outside the employe’s normal hours of work.
a-2. “Military pay” means any and all compensation and entitlements to an eligible national guard or reserve member as reflected on his or her leave and earnings statement.
b. Differential Pay Benefit. In addition to the rights of city employes pursuant to this subsection, a permanent full-time city employe who is activated to serve on military duty in the U.S. armed forces shall be paid his or her city pay, less gross military pay, including all entitlements the service member may be entitled to receive, as reflected on a military leave and earnings statement DFAS Form 702, during the period in which the city employe is on military duty in the U.S. armed forces, unless the gross military pay equals or exceeds his or her city pay. For purposes of calculating an employe’s city pay, a credit (reduction) shall be made equivalent to the employe’s share of any contribution made by the city on behalf of the employe pursuant to sub. 2.5. The differential pay benefit described in this paragraph shall be made only if all of the following apply:
b-1. On or after January 1, 2006, the employe is activated to serve, or is serving, on active military duty in the U.S. armed forces, other than for training purposes.
b-2. On the date on which he or she is activated to serve on military duty, the employe is either a member of the Wisconsin national guard or a member of a reserve component of the U.S. armed forces or is recalled to active military duty from inactive reserve status.
b-3. The employe has received a military leave of absence under this section.
c. Eligibility. Beginning on the day on which a permanent full-time city employe is activated to serve or is serving on military duty in the U.S. armed forces, the employe shall receive the pay authorized under par. b for a period of not more than 179 days or until the last day of the pay period in which the employe is released from active military duty, whichever occurs first; the amount of military pay shall not be deducted for purposes of computing pension benefits.
d. Verification. No employe who is eligible to receive the pay authorized under par. b may receive the pay for any service performed in any month or portion thereof until a leave and earnings statement for that month verifying military pay received for service on military duty has first been submitted to the city.
e. Retroactive Receipt of Pay. No employe who is eligible to receive the pay authorized under par. b may receive the pay for any service on military duty in the U.S. armed forces which occurred before January 1, 2006.
f. Administration. The department of employe relations and the office of the comptroller shall administer this subsection.
Part 2. This ordinance shall be null and void after December 31, 2007.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Drafter
LRB04404-8
mcw.lrb
04/11/06