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File #: 000789    Version:
Type: Charter Ordinance Status: Passed
File created: 9/22/2000 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 10/10/2000
Effective date: 12/26/2000    
Title: A substitute charter ordinance relating to implementation of the negotiated settlement of Bradley DeBraska, et al. v. City of Milwaukee, et al., Circuit Court Case No. 98-CV-006533, Dunn v. City of Milwaukee, et al., Circuit Court Case No. 95-CV-011125, Rehrauer, et al. v. City of Milwaukee, et al., Circuit Court Case No. 98-CV-007745, and Elias v. City of Milwaukee, Circuit Court Case No. 97-CV-000973, as it relates to the employes' retirement system.
Sponsors: THE CHAIR
Indexes: CHARTER ORDINANCES, DISABILITY BENEFITS, EMPLOYES RETIREMENT SYSTEM, FIRE DEPARTMENT, POLICE DEPARTMENT, RETIREMENT BENEFITS, SUITS PAYMENT
Attachments: 1. Exhibit-B.pdf, 2. Exhibit A.PDF
Number
000789
Version
SUBSTITUTE 1
Reference
980130
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to implementation of the negotiated settlement of Bradley DeBraska, et al. v. City of Milwaukee, et al., Circuit Court Case No. 98-CV-006533, Dunn v. City of Milwaukee, et al., Circuit Court Case No. 95-CV-011125, Rehrauer, et al. v. City of Milwaukee, et al., Circuit Court Case No. 98-CV-007745, and Elias v. City of Milwaukee, Circuit Court Case No. 97-CV-000973, as it relates to the employes' retirement system.
Analysis
This charter ordinance implements the negotiated settlement in the above-captioned cases. It also extends the implementation to similarly situated policemen and firemen.
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 and firemen members of the employes' retirement system; and

Whereas, Such charter ordinances were declared unconstitutional as applied to the extent that the mandatory duty disability retirement conversion age for the disability recipients would be reduced to an age less than the age applicable for such recipients on the date of their hire; and

Whereas, Substitute 2 of charter ordinance common council file number 980130 was adopted to implement the judgment in DeBraska, et al. v. City of Milwaukee, et al. Circuit Court Case No. 93-CV-016054 to the plaintiffs and similarly situated firemen and policemen; and

Whereas, The plaintiffs in DeBraska, et al. v. City of Milwaukee, et al., Case No. 98-CV-006533, Dunn v. City of Milwaukee, et al., Case No. 95-CV-011125, and Rehrauer, et al. v. City of Milwaukee, et al., Case No. 98-CV-007745, have brought an action to enjoin the aforementioned charter ordinance on the ground that it violates their property rights under the employes' retirement act; and

Whereas, Many of the parties to the above-entitled action have negotiated...

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