Number
041649
Version
SUBSTITUTE 2
Reference
041438
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to retirement benefits for employes represented by certain bargaining units.
Section
36-02-12-b am
36-02-20 am
36-05-3-c-1-a am
36-05-3-c-1-b am
Analysis
The approved collective bargaining agreement between the city of Milwaukee and the Milwaukee Police Association for 2004-2006 includes provisions that the annual certification payment received by a police officer is to increase to $1,000 effective for calendar year 2004, to $1,100 for calendar year 2005, and to $1,260 for calendar year 2006 and each calendar year thereafter. For service retirements occurring in 2004 and after, the amount of certification pay that is to be included in earnable compensation for purposes of determining a police officer's retirement allowance is increased to $1,000, and only the first $1,000 of certification pay is to be pensionable. For service retirements occurring in 2004, the amount of certification pay to be included in earnable compensation is the amount the police officer would have received had he or she stayed in active service for all of 2004. Thereafter, the amount of certification pay to be included in final average salary is the amount the employee received for the calendar year previous to his or her effective date of retirement, up to a maximum of $1,000.
The agreement also includes a provision that effective pay period 1, 2004, the biweekly payment paid to the 3 police liaison officers shall increase to $150 biweekly. Effective for retirements occurring during the 2004-2006 agreement, such biweekly payments shall be included in earnable compensation.
Finally, the agreement provides that for a policeman becoming a member of the retirement system after the effective date of this charter ordinance and who applies for or is granted a duty disability retirement allowance based on a mental injury, that the medical council rather than the medical panel is the body which makes recommendations to the annuity and pension board on such matters (the medical council consists of 3 physicians selected by the annuity and pension board; the medical panel has 3 physicians consisting of one member selected by the city, one by the bargaining agent for affected policemen, and the third by the other 2 physicians).
This charter ordinance implements the provisions of the collective bargaining agreement.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 36-02-12-b of the charter is amended to read:
36-02. Definitions.
12. EARNABLE COMPENSATION shall mean:
b. In computing the service retirement allowance payable to a policeman retiring on a service retirement allowance under s. 36-05-1- e, a policeman retiring during calendar year 1995 shall have the certification pay benefit which would have been payable at the close of calendar year 1995, had such policeman not retired included in earnable compensation. In computing the retirement allowance payable to a policeman retiring on a service retirement allowance under s. 36-05-1-e in calendar [[year]]>>years<<1996 [[or subsequent years]]>>through 2003<<, the certification pay benefit payable to such policemen at the close of the calendar year immediately prior to the calendar year of retirement shall be included in earnable compensation. >>In computing the retirement allowance payable to a policeman who is entitled to certification pay at the time of retirement, other than a sergeant, lieutenant and ranks above, retiring on a service retirement allowance under s. 36-05-1-e in calendar year 2004, such policeman shall have the sum of $1,000 of certification pay included as earnable compensation. In computing the retirement allowance payable to a policeman who is entitled to certification pay at the time of retirement, other than a sergeant, lieutenant and ranks above, retiring on a service retirement allowance under s. 36-05-1-e on or after January 1, 2005, certification pay in an amount not to exceed the first $1,000 of certification pay payable to such policeman at the close of the calendar year immediately prior to the calendar year of retirement shall be included in earnable compensation. A policeman who has served in the position of police liaison officer, who retires on a service retirement allowance after January 1, 2004 shall have the $150 biweekly payments payable in and after pay period 1, 2004, which are payable in lieu of certain other payments and allowances received by policemen, included as earnable compensation in an amount not to exceed a maximum of 12 months of such biweekly payments.<< This par. shall not apply to policemen who receive a retirement allowance under s. 36-05-6-b-2 and 3, 6-c, 6-d, or 6-e.
Part 2. Section 36-02-20 of the charter is amended to read:
20. MEDICAL PANEL as it relates to policemen and firemen shall mean a panel of physicians consisting of one member to be selected by designation of the city; one member to be selected by the certified bargaining agent for the affected policeman or fireman; and the 3rd member to be selected by the other 2 members. >>In the case of a policeman represented by the Milwaukee Police Association who becomes a member of the retirement system after June 28, 2005 and who applies for, or is granted, a duty disability retirement allowance based on a mental injury, "medical panel" shall mean the medical council.<< In the case of a policeman or fireman who is not represented by a certified bargaining agent, "medical panel" shall mean the medical council. All decisions of the medical panel shall be made by a majority vote.
Part 3. Section 36-05-3-c-1-a and b of the charter is amended to read:
36-05. Benefits.
3. DUTY DISABILITY RETIREMENT ALLOWANCE.
c. Firemen and Policemen Duty Disability.
c-1. Medical Panel, etc.
c-1-a. Recommendations. >>Except for policemen represented by the Milwaukee Police Association who become members after June 28, 2005, and who apply for duty disability retirement allowance based on a mental injury, << [[Such]]>>such<<member shall be examined by a medical panel and such medical panel shall make the examination, determination and certification required under this act in accordance with the form prescribed by the board. If the panel recommends that such person is entitled to duty disability retirement allowance provided for in this section, the board shall thereupon grant such allowance. >>For policemen represented by the Milwaukee Police Association who become members of the retirement system after June 28, 2005, and apply for a duty disability retirement allowance based on a mental injury, the application shall be referred to the medical council established under s. 36-15-12, in lieu of the medical panel, which medical council shall make the determination and certification required under this act. In any reexamination authorized by this act of such retired beneficiary, the beneficiary shall be referred to the medical council, in lieu of the medical panel, for reexamination and such medical council shall make the determination and certification required under this act.<< Except as otherwise provided in subd. 3-f, any fireman or policeman who shall become disabled as the direct result of injury incurred in the performance of one or more specific acts of duty shall have a right to receive duty disability benefit during the period of such disability of an amount equal to 75% of the current annual salary for such position which he held at the time of such injury. Except as otherwise provided in subd. 3-f, the surviving spouse of such member after his or her death but only during the period prior to remarriage shall receive 70% of the amount of the duty disability which the member received at the time of his or her death, and such percentage shall thereafter be based upon the salary of the position of such member at the time of his or her death. Prior to such person attaining the minimum service retirement age, periodic medical examinations of such person shall be made at least once each year but the heads of the respective departments may direct more frequent examinations. Effective January 1, 2000, the annual escalator payable under sub. 1-h-5 shall be extended to the allowance received by the surviving spouse of a retired fireman or policeman who retired on a duty disability retirement allowance under this subpar. prior to January 1, 1993 and died while receiving a duty disability retirement allowance if the member (or the surviving spouse of the member is deceased) participates in the combined fund. Effective January 1, 2000, the annual escalator payable under sub. 1-h-6 shall be extended to the allowance received by the surviving spouse of a retired fireman or policeman who retired on a duty disability allowance under this subpar. on or after January 1, 1993 and dies while receiving a duty disability retirement allowance if the member (or the surviving spouse of the member is deceased) participates in the combined fund. The annual escalator shall be payable to the surviving spouse at the same times and in the same percentages as the increases the member would have received had the member retired on a service retirement allowance on the date of his or her death.
c-1-b. Case Review. In the event a member receiving a duty disability retirement allowance is later determined to be fit for service he shall be restored to service in his department and he shall no longer be entitled to receive a duty disability retirement allowance. The board may at any time request information concerning such person or investigate his status or request a medical examination of such person. The provisions of ss. 36-07-2 and 3 and 36-12 shall apply in all respects to such person entitled to receive a duty disability retirement allowance. In the event however that such fireman or policeman who is eligible to recover duty disability has a disability involving the loss of use of both eyes or the full loss of use of one eye and one limb or the full loss of the use of 2 limbs or an equivalent disability that would impair the member's (retiree's) ability to earn a livelihood and such disability is determined by majority action of the medical panel >>or medical council<<, then in such event the disabled fireman or policeman shall receive a duty disability pension of 90% of his current salary, and the board may waive the annual medical examination by the said panel >>or medical council<< of physicians; but in lieu thereof the disabled fireman or policeman annually shall submit a report from his personal physician to the board. If such panel >>or medical council<< reaches a determination unfavorable to the fireman or policeman on duty disability he may after 6 months but not later than one year request >>a reexamination by the medical council, or<< the convening of a second 3-physician panel to be constituted in the same manner and for the same purpose as the initial panel but such request shall be in writing. If an unfavorable result is reached, the fireman or policeman may seek further review but not sooner than 12 months from the last determination. This benefit shall be in lieu of any other benefits provided in this act for duty disability allowances.
Part 4. 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. 66.0101(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
Department of Employe Relations
Drafter
City Attorney
3/31/2005
LRB05115-3
BJZ/mbh
4/5/2005
Technical Correction 3/12/14 CVL