Number
020236
Version
Substitute 1
Reference
Sponsor
ALD. PRATT
Title
A substitute charter ordinance relating to military service credit under the employes' retirement system.
Sections
36-04-1-c am
Analysis
The global pension settlement allows employes who retired prior to December 31, 2002, one year of creditable year of service for each 3 years of active military service prior to enrollment in the retirement system to a maximum of 3 years of creditable service. The added service credit is taken into account for purposes of determining the amount of the service retirement allowance but not for any other purpose, including determining eligibility for a service retirement allowance or eligibility for additional imputed service credit. This charter ordinance removes the sunset to permit active members who retire after December 31, 2002, to receive additional creditable service for military service prior to enrollment in the retirement system.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 36-04-1-c of the charter is amended to read:
36-04. Creditable Service.
1. SERVICE CREDITED.
c. The board shall allow one year of creditable service for each 3 years of active military service prior to enrollment in the retirement system to policemen represented by the MPA and firemen represented by Local 215, IAFF, who participate in the combined fund and who retire on a service retirement allowance [[between]] >>on or after<< January 1, 1998 [[and December 31, 2002]], and policemen represented by the MPSO, general city employes who participate in the combined fund and who retire on a service retirement allowance [[between]] >>on or after<< January 1, 1999 [[and Decembr 31, 2002]] and non-represented firemen or policemen who participate in the combined fund and who retire on a service retirement allowance[[between]] >>on or after<< January 1, 2000 [[and December 31, 2002]]. The creditable service awarded under this [[par.]] >>paragraph<< shall not exceed 3 years. To be eligible the member must be honorably discharged from the armed forces of the United States. To be eligible for inclusion in the calculation, a period of active military service must be a period of not less than 90 consecutive days spent in the active service of the armed forces of the United States and meet the requirements of 10 U.S.C. ยง 101(d)(1). If a member has accumulated less than 3 years of active military service, the member shall be allowed additional months of service credit on a pro rata basis calculated as the product of the full months of active military service under this par. multiplied by a fraction, the numerator of which is one and the denominator of which is 3. The additional service credit earned under this [[par.]] >>paragraph<< shall be taken into account for purposes of determining the amount of the service retirement allowance, but shall not be taken into account for any other purpose including, but not limited to determining eligibility for a service retirement allowance under s. 36-05-1-d or f, a deferred retirement allowance under s. 36-05-6-b-2 or 6-d-2, an early retirement allowance under s. 36-05-6-b-3 or 6-c, or eligibility for additional imputed service credit under sub. 4.
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/kef 53945
1128-2002-1503
5/22/2002
LRB02264-2
TWM/cac
5/29/2002