NUMB:
000324
VERS:
ORIGINAL
REF:
XXBY:
THE CHAIR
TITL:
A charter ordinance relating to the retirement allowance of retired city employes during their reemployment by the treasurer's office in certain temporary positions.
SECS:
36-03-6-f-1 am
36-03-6-f-2 am
36-03-6-f-3 am
36-03-6-f-4 cr
ANLS:
- Analysis -
This charter ordinance provides that a city retiree who accepts employment in a temporary customer service position in the office of the city treasurer shall not have his or her retirement benefits suspended during the period of employment.
BODY:
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 36-03-6-f-1 to 3 of the code is amended to read:
36-03. Membership.
6. WHO NOT TO BECOME MEMBERS.
f. Reemployment. f-1. [[A]] >>Except as otherwise provided in subd. 4, a<< person who became a member of the retirement system on or after February 19, 1972 and who thereafter retires and receives a retirement allowance for at least 6 months shall not be restored to membership and shall have his or her retirement allowance suspended in the event he or she returns to full time employment with the city or a city agency after reaching the minimum service retirement age. Upon subsequent retirement, such person shall have the retirement allowance temporarily suspended during the period of reemployment restored.
f-2. [[A]] >>Except as otherwise provided in subd. 4, a<< person who became a member of the retirement system on or after November 25, 1984 and who thereafter retires and receives a retirement allowance for at least 6 months shall not be restored to membership and shall have his or her retirement allowance suspended in the event he or she returns to employment other than full time employment with the city or city agency after reaching the minimum retirement age. Upon subsequent retirement, such person shall have the retirement allowance temporarily suspended during the period of reemployment restored.
f-3. [[A]] >>Except as otherwise provided in subd. 4, a<< person who became a member of the retirement system prior to February 19, 1972, and who thereafter retires and receives a retirement allowance for at least 6 months shall not be restored to membership in the event he or she returns to employment with the city or a city agency after reaching the minimum service retirement age except that any such person who returns to full time employment other than temporary employment with the city or a city agency and agrees in writing to waive his or her retirement allowance during the period of reemployment shall have his or her allowance temporarily suspended and his or her membership restored upon subsequent retirement. Any such person who has executed a waiver shall be credited with his or her service as a member subsequent to the last restoration to membership and shall receive a retirement allowance therefore as if he or she was a new member and in addition shall have the retirement allowance temporarily suspended during a period of reemployment restored.
Part 2. Section 36-03-6-f-4 of the code is created to read:
f-4. A person who became a member of the retirement system and who thereafter retires and receives a retirement allowance shall not be restored to membership and shall not have his or her retirement allowance suspended in the event he or she returns to employment in a temporary customer service representative position in the office of the city treasurer after reaching the minimum retirement age.
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 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:
City Treasurer
DFTR:
00200-1
CW
5/4/00