NUMB:
971618
VERS:
SUBSTITUTE 3
REF:
XXBY:
ALD. SCHERBERT AND KALWITZ
TITLE:
A substitute charter ordinance relating to re-selection of a spouse survivor option.
ANLS:
- Analysis -
Section 36-05-1-h-4 of the charter provides a pension escalator effective for general city employes who retire on or after January 1, 1993. Section 36-05-1-h-5 provides a cost of living adjustment (COLA) for the spouse of a member eligible for a COLA under s. 36-05-1-h-4 if the spouse is eligible for a spouse survivor allowance under s. 36-05-7-b-2, OPTION 3. Section 36-05-7-b-2 provides that if a member who has elected spouse survivor OPTION 3 receives a COLA adjustment prior to death, the 50% spouse survivorship allowance shall be computed based on the member's service retirement allowance including adjustments at the date of death. The employes' retirement system has informed the common council that general city employes who elected a survivor option after January 1, 1993 were not advised that under s. 36-05-7-b-1 and s. 36-05-7-b-3 (OPTIONS 2 and 4) their spouse survivor would not receive a COLA and therefore were not advised that their spouse survivor, under OPTIONS 2 and 4, would receive a percentage of the member's pension at the time of retirement rather than at the time of death. This charter ordinance will permit employes who qualify as general city employes eligible upon retirement for benefits under s. 36-05-1-h-4 and retires who qualify as beneficiaries receiving benefits under s. 36-05-1-h-4 to re-select a spouse survivor option.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Members who have selected a protective survivorship option under s. 36-05-7-b-4 effective on or after January 1, 1993, naming their spouse as beneficiary, and qualify as general city employes eligible upon retirement for benefits under s. 36-05-1-h-4, and retired members who have selected a spouse survivor option effective on or after January 1, 1993, naming their spouse as beneficiary, and qualify as a beneficiary under s. 36-05-1-h-4 shall be permitted a period of one calendar year from the effective date of this charter ordinance in which to re-select a spouse survivor option.
Part 2. 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: _____________________
CATT:
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: _____________________
ZDPT:
Employes' Retirement System
DFTR:
City Atty.
TEH:kef\ordinance\spouse
2/24/98
LRB98024.3
BJZ/bsw
2/27/98