Employment – Public employment – vested rights

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Wisconsin Supreme Court

Civil

Employment – Public employment – vested rights

Milwaukee County General Ordinance (MCGO), § 17.14(7)(ee)(1) (2011), that prospectively eliminated Medicare Part B premium reimbursement upon retirement for employees who did not retire before retirement dates established by Milwaukee County, did not abrogate a vested contract right.

“Plaintiffs had an opportunity to receive Medicare Part B reimbursement upon retirement, but they chose not to avail themselves of that opportunity. In this regard, we concur with the conclusion of the court of appeals that plaintiffs were required to take three steps in order to secure the opportunity of MCGO § 17.14(7)(dd): (1) reach retirement age; (2) provide 15 or more years of credited county service; and (3) retire before the dates established by Milwaukee County. Simply stated, plaintiffs were eligible for the benefit they seek; however, they chose not to satisfy the necessary conditions to cause the opportunity Milwaukee County provided to ripen into a vested contract right during the period of time the opportunity was available.”

Affirmed.

2012AP2490 Schwagel v. Milwaukee County

Roggensack, J.

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