Number
000932
Version
Substitute 1
Reference
Sponsor
Title
Substitute charter ordinance relating to retirement benefits for employees represented by the Milwaukee Police Supervisors' Organization and for unrepresented non-civilian police management employees.
Sections
35-01-60-f am
36-02-12-a am
Analysis
This charter ordinance amends s. 35-01-60-f and changes the variable shift assignment pay pensionable for policemen retiring on or after January 1, 2000 in accordance with the 1999-2000 contract between the city and MPSO. This charter ordinance also amends the definition of earnable compensation under s. 36-02-12-a to conform with the 1997-1998 agreement and the 1999-2000 agreement between the city and MPSO. Under the terms of those agreements the maximum amount of pensionable variable shift assignments pay was changed. Furthermore, this charter ordinance changes the amount of variable shift assignment pay pensionable for police management of the rank of commander or above.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 35-01-60-f of the charter is amended to read:
35-01. Policemen's Annuity and Benefit Fund.
60. SERVICE CREDIT.
f. Longevity in Rank Pay (After Jan. 1, 1983). For any policeman performing the duties of a police officer, excluding sergeant of police, detective lieutenant and ranks above the same, presently employed on or after January 1, 1983, the average annual regular base salary computed on the year of service in which the member's regular base salary was the highest and the highest regular base salary annualized shall include longevity in rank pay, if any, payable at the close of the calendar year immediately preceding retirement, and for all other policemen presently employed on or after January 1, 1985, the average annual regular base salary computed on the year of service in which the member's base salary was the highest and the highest regular base salary annualized shall include variable shift assignment pay, if any, payable for the calendar year immediately preceding the calendar year in which the retirement occurs except that for such other policemen who retire during calendar year 1985, the average annual regular base salary computed on the year of service in which the member's regular base salary was the highest and the highest regular base salary annualized shall include variable shift assignment pay, if any, payable for calendar year 1985. >>Policemen above the rank of police sergeant and below the rank of police commander presently employed on or after January 1, 2000 shall have variable shift assignment pay, if any, to a maximum of $1,050 per calendar year immediately preceding the calendar year in which the retirement occurs includable in the average annual regular base salary computed on the year of service in which the member's base salary was the highest and the highest regular base salary annuitized.<<
Part 2: Section 36-02-12-a of the charter is amended to read as follows:
36-02. Definitions.
12. EARNABLE COMPENSATION shall mean: a. the annual regular base salary that would be payable to a member if he or she worked the full normal working time for his or her position, provided, however, that where service is credited during periods of absences as provided in s. 36-04-1-b, the employe shall be considered to have an earnable compensation during such periods of absence equivalent to his or her earnable compensation as of his or her last month of employment prior to the beginning of such absences. In cases where compensation includes maintenance, the board shall fix the value of that part of the compensation not payable in money. Policemen, excluding sergeant of police, detective lieutenant and ranks above same, retiring on a service retirement allowance between January 1, 1983 and December 31, 1997, shall have longevity in rank pay, if any, payable at the close of the calendar year immediately preceding their retirement included as earnable compensation. Policemen, excluding sergeant of police, detective lieutenant and ranks above same, retiring on a service retirement allowance on or after January 1, 1998, shall have longevity in rank pay, if any, that would have been payable at the close of the calendar year of their retirement had they not retired included as earnable compensation, [[and all other ]]policemen >>of the rank of police sergeant and above (excluding the rank of commander and above)<< retiring on a service retirement allowance >>prior to January 1, 2000,<< shall have variable shift assignment pay, if any, to a maximum of [[$1,060]] >>$1,410<< per calendar year for police sergeant, administrative police sergeant, police sergeant (garage) and police identification supervisor, and [[$1,050]] >>$1,400<< per calendar year for all others payable for the calendar year immediately preceding the calendar year in which they retire included as earnable compensation except that such other policemen who retire during calendar year 1985 shall have variable shift assignment pay, if any, payable for calendar year 1985 included as earnable compensation. >>Policemen of the rank of police sergeant and above (excluding policemen of the rank of police commander and above) retiring on a service retirement on or after January 1, 2000 shall have variable shift assignment pay, if any, to a maximum of $1,060 per calendar year for the ranks of police sergeant, police sergeant (garage) and police identification supervisor and $1,050 per calendar year for all others payable for the calendar year immediately preceding the calendar year in which they retire included as earnable compensation. Policemen of the rank of police commander or above retiring on a service retirement allowance prior to January 1, 2001 shall have variable shift assignment pay, if any, to a maximum of $1,400 per calendar year for the year immediately prior to the calendar year in which they retire included as earnable compensation and policemen of the rank of police commander or above retiring on a service retirement on or after January 1, 2001 shall have variable shift assignment pay, if any, to a maximum of $1,500 per calendar year for the year immediately prior to the calendar year in which they retire included as earnable compensation<< Firemen retiring on a service retirement allowance on or after January 1, 1992>>,<< shall have up to a maximum of $550 in special emergency medical technician pay, if any, payable at the close of the calendar year immediately preceding their retirement included as earnable compensation. Firemen retiring on a service retirement allowance on or after January 1, 2000, shall have longevity pay, payable at the close of the calendar year immediately preceding their retirement included as earnable compensation. Members who are employes of the school board represented by Local 950, Operating Engineers International Union, who retire on or after March 4, 1990, shall have site differential pay if received on or after March 4, 1990>>,<< included as earnable compensation. Earnable compensation for any one year of creditable service shall not exceed $150,000. If for any calendar year after 1994 the excess of $150,000 increased by the cost of living adjustment prescribed by section 415(d), International Revenue Code, on a base period of the last quarter of calendar year 1993 exceeds $150,000 by an amount in excess of $10,000, the maximum for any subsequent calendar year shall be increased by the amount of the excess rounded to the next lowest multiple of $10,000.
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 as provided in 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 thereon.
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:____________________
Requestor
City Attorney
Drafter
TEH/kf
1074-2000001
11/17/2000/34729
00565-1
lme
11/21/00