NUMB:
950599
VERS:
SUBSTITUTE 1
REF:
XXBY:
ALD. KALWITZ
TITL:
A substitute charter ordinance relating to voluntary
waivers from certain retirement benefits.
ANLS:
- Analysis -
Under this charter ordinance the city of Milwaukee
elects not to be bound by the anti-alienation and
assignment provisions of s. 66.81, Wis. Stats. This
charter ordinance would also engraft an exception
upon the anti-alienation and assignment provisions of
s. 36-10 of the charter. This exception would permit
members who are eligible for benefits under s. 36-05-
1-i-1-a and b to waive all the benefits provided by
the legislation.
BODY:
The Mayor and Common Council of the City of Milwaukee
do ordain as follows:
Part 1. The city of Milwaukee declares that part of
s. 66.81, Wis. Stats., relating to assignment of
employes' retirement system benefits is a matter of
local affairs and government and elects that the
following part of s. 66.81, Wis. Stats., as
appropriately indicated shall not apply to the
employes' retirement system of the city of Milwaukee.
66.81. Exemption of funds and benefits from
taxation, execution and assignment. All moneys and
assets of any retirement system of any city of the
first class and all benefits and allowances and every
portion thereof, both before and after payment to any
beneficiary, granted under any such retirement system
shall be exempt from any state, county or municipal
tax or from attachment or garnishment process, and
shall not be seized, taken, detained or levied upon
by virtue of any executions, or any process or
proceeding whatsoever issued out of or by any court
of this state, for the payment and ratification in
whole or in part of any debt, claim, damage, demand
or judgment against any member of or beneficiary
under any such retirement system, [[and no member of
or beneficiary under any such retirement system shall
have any right to assign any benefit or allowance, or
any part thereof, either by way of mortgage or
otherwise;]] however, this prohibition shall not
apply to assignments made for the payment of
insurance premiums. The exemption from taxation
contained herein shall not apply with respect to any
tax on income.
Note: The provision in part 1. which is in brackets
and stricken through, "and no member of or
beneficiary under any such retirement system shall
have any right to assign any benefit or allowance, or
any part thereof, either by way of mortgage or
otherwise;" is the part of s. 66.81, Wis. Stats.,
that shall not apply to the city of Milwaukee
employes' retirement system.
Part 2. 36-10-4 of the charter is created to read:
36-10. Exemption from Taxation, Execution and
Assignment.
4. Notwithstanding sub. 1, a member who is eligible
for benefits under s. 36-05-1-i-1-a and b may
irrevocably elect to waive all of the benefits
provided by s. 36-05-1-i-1-a and b. Such election
shall be made pursuant to a written waiver provided
by the board and may be filed with the board at any
time after October 1, 1995.
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 under 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.
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: _____________________
ZDPT:
DFTR:
LRB95305.2
MCW:bsw
3/27/96