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