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 a settlement agreement resolving all disputed issues; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Nothwithstanding any provision of s. 36-05-3-c-3 of the city charter or substitute 2 of common council file number 980130 to the contrary, the conversion ages specified in Exhibit A shall apply to firemen and policemen who retired on duty disability retirement allowance, are subject to a conversion in the employes' retirement system and returned signed releases pursuant to the settlement agreement approved in common council file number 000789.
Part 2. This charter ordinance shall be restrospectively applied to permit firemen and policemen participating in the settlement to be made whole for any loss of retirement income from the commencement date as specified in Exhibit B to the effective date of this charter ordinance resulting from application of former charter ordinances reducing the duty disability retirement conversion age for such retirees to an age lower than the age applicable for such retirees as specified in Exhibit A. For purposes of this charter ordinance the loss of retirement allowance "shall not include interest". For purposes of this ordinance the commencement date shall be as specified in Exhibit B of this file.
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 as provided in 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:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFOCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
City Atty.
THE:kef
8/9/00
31002
00456
TWM/rk
09/25/00