Number
011100
Version
SUBSTITUTE 1
Reference
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to the Employes' Retirement System.
Analysis
This charter ordinance provides that any member of the Employes' Retirement System who separated from service on a deferred status and subsequently accepted appointment to the Milwaukee Metropolitan Sewerage District Board with a deferred retirement date on or before July 26, 2001, shall be permitted to retire on a deferred retirement allowance and receive a retirement allowance up to July 26, 2001, on the condition that such member execute a waiver of any right to accrue additional service as a result of service on the Milwaukee Metropolitan Sewerage District Board prior to July 26, 2001.
Body
Whereas, At least one member of the Employes' Retirement System who separated from service, elected deferred retirement status and subsequently accepted appointment to the Milwaukee Metropolitan Sewerage District Board was permitted to retire while serving on the Board even though such member was ineligible for retirement at that time; and
Whereas, This member was not advised that continued service on the Milwaukee Metropolitan Sewerage District Board rendered him ineligible for retirement; and
Whereas, Correction of the member's record at this time, pursuant to s. 36-11 of the City Charter, will result in a substantial reduction in the member's monthly retirement allowance; and
Whereas, The City Attorney has recommended that the Common Council pass a charter ordinance to relieve the member, and others similarly situated, from liability; now, therefore
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Notwithstanding any provision of the Milwaukee City Charter to the contrary, any member of the Employes' Retirement System who separated from service on a deferred status and subsequently accepted appointment to the Milwaukee Metropolitan Sewerage District Board with a deferred retirement date on or before July 26, 2001, shall be permitted to retire on a deferred retirement allowance and receive a retirement allowance up to July 26, 2001, on the condition that such member execute a waiver of any right to accrue additional service as a result of service on the Milwaukee Metropolitan Sewerage District Board prior to July 26, 2001.
Part 2. This charter ordinance shall take effect 60 days after its passage and publication, unless within such 60 days a referendum petition is filed pursuant to 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
Employes' Retirement System
Drafter
THE/kf
1054-2001-2997
11/13/2001
LRB01566-1
JDO
11/28/01