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File #: 020471    Version:
Type: Charter Ordinance Status: Passed
File created: 6/25/2002 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 7/16/2002
Effective date: 10/1/2002    
Title: A substitute charter ordinance relating to ordinary disability retirement benefits for firemen and policemen.
Sponsors: THE CHAIR
Indexes: CHARTER ORDINANCES, DISABILITY BENEFITS, EMPLOYES RETIREMENT SYSTEM, RETIREMENT BENEFITS, WAGES AND BENEFITS
Attachments: 1. City Atty cover letter.pdf, 2. Fiscal Reply.PDF, 3. Budget Reply.PDF, 4. Fiscal Review Analysis.pdf
Number
020471
Version
SUBSTITUTE 1
Reference
 
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to ordinary disability retirement benefits for firemen and policemen.
Sections
36-05-2-c-3      am
Analysis
Section 36-05-2-c-3 of the charter provides that firemen and policemen shall receive an additional 2% of final average salary toward an ordinary disability retirement allowance for each year of service in excess of 5 years of service. No provision is made for proration based upon this formula for service for any period less than a full year.  This charter ordinance authorizes proration.
Body      
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 36-05-2-c-3 of the code is amended to read:
 
36-05.      Benefits.
 
2.      ORDINARY DISABILITY RETIREMENT ALLOWANCE.
 
c.      Firemen and Policemen.
 
c-3.  The minimum ordinary disability retirement allowance shall consist of an amount equal to 25% of the member's final average salary provided he >>or she<< has 5 years of service as a fireman or policeman; for each year of service in excess of 5 years of such service as a fireman or policeman, he >>or she<< shall receive an additional 2% of his >>or her<<final average salary.  The maximum ordinary disability retirement allowance which shall be payable to any fireman or policeman member on ordinary disability under this subsection shall be limited to 50% of such member's final average salary.  >>Firemen or policemen shall receive a pro rata retirement allowance based upon this formula for service for any period less than a full year.<<
 
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. 66.0101(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      
TEH/kf
1054-2002-385
6/5/2002    54311
 
LRB02334-2
TWM/cac
6/27/2002