NUMB:
980130
VERS:
SUBSTITUTE 2
REF:
XXBY:
THE CHAIR
TITLE:
A substitute charter ordinance relating to implementation of the judgment of the Circuit Court in Bradley DeBraska, et al. v. City of Milwaukee, et al., Circuit Court Case No. 93-CV-016054 as it relates to the Employes' Retirement System.
ANLS:
-Analysis-
This substitute charter ordinance implements the amended judgment in the above-captioned case. It also extends the implementation to similarly situated firemen and policemen. This has been updated based on information supplied by the employes' retirement system.
BODY:
Whereas, A series of charter ordinances enacted by the City of Milwaukee commencing in 1976 reduced the duty disability retirement conversion ages for policemen, members of the Employes' Retirement System; and
Whereas, Such charter ordinances have been declared unconstitutional as applied to the extent that the duty disability retirement conversion age for certain plaintiffs in the above-entitled action would be reduced to an age less than the age applicable to such plaintiffs on the date of their hire; and
Whereas, The defendant City and Employes' Retirement System have been enjoined from enforcing the aforementioned charter ordinances reducing disability retirement conversion ages against such plaintiffs to the extent that such enforcement would reduce the duty disability retirement conversion age of such a plaintiff to an age lower than the age applicable to the plaintiff on the date of the plaintiff's hiring; and
Whereas, The Common Council is informed that there are similarly situated policemen and firemen who are not covered by the amended judgment in Case No. 93-CV-016054 and the Common Council is desirous of extending the implementation to such similarly situated firemen and policemen; and
Whereas, The Common Council believes that the enactment of a charter ordinance implementing the judgment is desirable in the interest of administrative efficiency so as to provid...
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