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File #: 020065    Version:
Type: Charter Ordinance Status: Passed
File created: 4/23/2002 In control: FINANCE & PERSONNEL COMMITTEE
On agenda: Final action: 5/14/2002
Effective date: 7/31/2002    
Title: A substitute charter ordinance relating to protection against fraud and elimination of errors in the city employes' retirement system.
Sponsors: THE CHAIR
Indexes: EMPLOYES RETIREMENT SYSTEM, RETIREMENT BENEFITS, WAGES AND BENEFITS
Attachments: 1. City Atty Cover Letter.PDF, 2. Fiscal Note.PDF, 3. Budget Reply.PDF, 4. Fiscal Review Analysis.pdf
Number
020065
Version
SUBSTITUTE 1
Reference
 
Sponsor
THE CHAIR
Title
A substitute charter ordinance relating to protection against fraud and elimination of errors in the city employes' retirement system.
Sections
36-11      am
Analysis
Currently s. 36-11 of the charter is entitled "Protection Against Fraud."  However, the text relates to two separate subjects, protection against fraud and elimination of errors.  This charter ordinance re-titles s. 36-11 and separates the fraud and elimination of error provisions into 2 subsections.
Body      
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
 
Part 1.  Section 36-11 of the charter is repealed and recreated to read:
 
36-11.  Protection Against Fraud and Elimination of Errors.  
 
1.  PROTECTION AGAINST FRAUD.  Any person who shall knowingly make any false statement or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system as a result of such act shall be guilty of a misdemeanor, and shall be punishable therefore under the laws of the state of Wisconsin.  
 
2.  ELIMINATION OF ERRORS.  Should any change or error in the records result in any member or beneficiary receiving from the retirement system more or less than he or she would have been entitled to receive had the records been correct, the board shall correct such error, and as far as practicable shall adjust the payments in such manner that the actuarial equivalent of the benefit to which such member or beneficiary was correctly entitled shall be paid.  
 
Part 2.  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. 66.0101(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
 
Drafter
TEH/kf  1/24/02
1054-2001-3436      49518
LRB02207-2
TWM/cac
4/25/2002