Number
090049
Version
ORIGINAL
Reference
Sponsor
ALD. MURPHY
Title
A charter ordinance relating to eligibility to make a selection of a protective survivorship retirement option.
Sections
36-05-7-b-4-a am
Analysis
This charter ordinance is a technical correction to the chapter 36 provision on protective survivorship retirement options. When ch. 36 of the charter was amended pursuant to the global pension settlement, s. 36-05-7-b-4-a should have been amended so that when firefighters became eligible to retire at age 49 or older, with 22 years of creditable service, they are also able to elect a protective survivorship option at the time they become eligible for the service retirement allowance. This ordinance makes this revision.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 36-05-7-b-4-a of the charter is amended to read:
36-05. Benefits.
7. OPTIONAL BENEFITS.
b. Retirement Options.
b-4. Protective Survivorship Option.
b-4-a. Any member eligible for normal service retirement under this act, except policemen who attain eligibility for normal service retirement under sub. 1-f on or after January 1, 1985, and firemen who attain eligibility for normal service retirement under sub. 1-f on or after March 1, 1985, may elect a protective survivorship option without a reduction because of such election by selecting an option under this subdivision in the manner hereinafter set forth, which option shall then become effective at his or her death, with the same force and effect as if such member had retired under such option immediately prior to his or her death. Any policeman who attains 25 years of creditable service as a policeman under this act on or after January 1, 1985, [[and]] any fireman who attains 25 years of creditable service as a fireman under this act on or after March 1, 1985, >>and any fireman eligible for a service retirement allowance under sub. 1-f after attaining the age of 49 years and 22 years of creditable service,<< may elect a protective survivorship option without a reduction because of such election by selecting an option under this subdivision in the manner hereinafter set forth, which option shall then become effective at or after his or her death with the same force and effect as if such member had retired under such option immediately prior to his or her death, provided sub. 5 is inapplicable. Such option shall operate as do other options selected under the provisions of this section. A member in order to be eligible for the election of such option based on eligibility for normal service retirement shall be required to make his or her election in writing on a form prescribed by the board within 6 months prior to the date when he or she shall first become eligible for normal service retirement. >>A fireman eligible for election of such option based on 22 years of creditable service shall be required to make his or her election within 6 months of attaining 22 years of creditable service.<< A policeman or fireman eligible for election of such option based on 25 years of creditable service shall be required to make his or her election within 6 months of attaining 25 years of creditable service[[, except that a]] >>. A<< policeman who is in the Milwaukee Police Association bargaining unit on or after November 3, 1988, [[and]] a policeman not in the Milwaukee Police Association bargaining unit who was in the Milwaukee Police Association bargaining unit between November 3, 1988, and December 31, 1988, a policeman who is not in the Milwaukee Police Association bargaining unit on or after July 25, 1989, and a fireman in active service on or after January 16, 1990, shall be permitted to make [[an]] >>a new<< election within 6 months of marriage or remarriage [[subsequent to attaining 25 years of creditable service]]. Thereafter he or she shall be barred from making such election. In the event a fireman or policeman [[with 25 years of creditable service as a fireman or policeman]] has a spouse at the time he or she becomes eligible to make an election under this subd., such fireman or policeman shall be deemed to have elected the option specified in subd. 1; namely, “option 2”, the option which provides a 100% survivor option to the member’s beneficiary and to have named his or her spouse as the designated survivor, unless, at the time he or she becomes eligible to make an election under this subd., he or she elects a different option within the time allotted. Except for firemen or policemen, the election shall be irrevocable and shall continue after retirement. If a fireman or policeman marries, is divorced or retires, the fireman or policeman shall be permitted to reselect an option under subd. 7-b. The election shall be irrevocable and shall continue after retirement. The option shall be automatically revoked in the event the joint annuitant predeceases the member before retirement; or if the member is legally divorced from the joint annuitant before retirement when such election shall be canceled upon written notice from the member to the board requesting such cancellation. The benefit payable shall be the actuarial equivalent of the benefits otherwise payable. For firemen and policemen eligible for the option provided for by this subdivision based on attaining the minimum service retirement age, the option shall be effective 30 days after written election thereof is made by the member. For firemen and policemen eligible for the option provided in this subdivision [[based on attaining 25 years of creditable service]], the option shall be effective on the date of death in the event the member has attained the minimum service retirement age or on the date the member would have attained the minimum service retirement age in the event the member has not attained such age on the date of death. The election of a survivorship option heretofore made shall be deemed to have been made under the provisions of this subdivision as amended.
Part 2. This is a charter ordinance and shall take effect 60 days after its passage and publication, unless within 60 days a referendum petition is filed as provided in s. 66.0101(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
Drafter
LRB09177-1
MET
4/27/09