Number
000877
Version
ORIGINAL
Reference
Sponsor
THE CHAIR
Title
A charter ordinance related to discontinuance of contributions to the pension system on behalf of employes on a military leave of absence.
Section
20-20 rp
Analysis
Currently, the Milwaukee city charter requires discontinuance of contributions to the pension system on behalf of employes on a military leave of absence which exceeds 2 months, except for cases of national emergency. This ordinance is being repealed because it is contrary to revised provisions to the federal Uniformed Services Employment and Reemployment Rights Act which requires employes returning from military service to be treated as not having incurred a break-in-service with the employer.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 20-20 of the city charter is repealed.
(Note: The section being repealed reads:
20-20. Military Service; Discontinuance of Contributions to Pension Systems. 1. WHEN COVERED BY FEDERAL PENSION LAWS. Whenever any person covered by any pension system to which funds are contributed by the city is granted a leave of absence or is otherwise permitted to leave city service for the purpose of entering or serving with the military forces in any respect whatsoever, and such leave of absence or absence from city service is for a period of time exceeding 2 months in any calendar year, and such person is a contributor to or is covered by a pension system to which the federal government is a contributor, then no further contribution shall be made on behalf of such person by the city to any pension fund to which the city contributes. The pension rights of such person shall be determined without any consideration being given to the period of time during which such person is absent in the military service and during which period he is also covered by a pension system to which the federal government is a contributor.
2. TO NOTIFY COMPTROLLER. The annuity and pension board of the employe's retirement system, the retirement board of the firemen's annuity and benefit fund, and the retirement board of the policemen's annuity and benefit fund are directed to notify the comptroller whenever any person covered under the said respective pension systems has entered military service and the absence of such person from city service is anticipated to exceed a period of 2 months, and where such circumstance arises the said respective pension boards shall no longer include contributions for such person in the aggregate amounts to be contributed by the city to said respective pension systems. The several city departments in which any such person is employed shall upon request of said pension systems or the comptroller furnish information respecting leaves of absences due to military service as referred to in this ordinance.
3. NATIONAL EMERGENCY. The provisions of subs. 1 and 2 shall be inoperative in the event a national emergency is declared by the president of the United States and a resolution is adopted by the common council declaring such emergency to be in effect with respect to the operation of this section, and in the event of such emergency being declared as herein provided, the contributions by the city shall then continue.
4. APPLICABILITY. This section shall apply from and after June 1, 1954, in all situations to which it is applicable, and all leaves of absence or absences from city service which are in effect on that date shall be deemed to be covered by the provisions of this section.)
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: _____________________
Requester
City Attorney
Drafter
00355-1
LME
7/26/00