Milwaukee Police Ass’n v. City of MilwaukeeAnnotate this Case
The City of Milwaukee’s 2013 amendment to its charter ordinance that reduced the right of each individual employee-member of the Employee Retirement System (ERS) to vote for three employees of his or her choice to serve on the ERS Annuity and Pension Board, modified the “other rights” of employee-members of the ERS who were members prior to the amendment and, therefore, was contrary to state law.
In 1947, the State granted all first class cities the opportunity to manage the ERS pursuant to the exercise of home rule powers but also protected individual rights of those persons who were members of an ERS by precluding amendment that modified “the annuities, benefits, or other rights of any persons who are members of the system prior to the effective date of such amendment.” Laws of 1947, chapter 441, section 31(1). After the City amended its charter in 2013, Plaintiffs challenged the amendment, arguing that it violated state law. The Supreme Court agreed and restored the right of employee-members to vote for three employees of their choice to serve as employee-members of the Board.