98-1126 Milwaukee District Council 48, et al. v. Milwaukee County, et al.

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“There is no dispute that county employees who have passed their probationary period have a protectible property interest in their jobs because state law precludes their discharge without ’cause.’

“Milwaukee County employees also have a property interest in a pension after they have earned ten years of creditable service… This property interest is distinct and different from their interest in employment. According to the county ordinance, the Milwaukee County Pension Board is not free to deny an employee a deferred vested pension once the employee has become eligible to receive it unless the employee has been terminated for ‘fault or delinquency.’

“Termination of an employee for ’cause’ is not enough to deprive the employee of a vested pension. Termination for ‘fault or delinquency’ is the statutory prerequisite for denial of a vested pension.

“Inasmuch as vested employees have a protectible property interest in their pensions, they may not be deprived of their pensions without due process of law. This requires notice and a hearing.”

Court of Appeals, Prosser, J.

Attorneys:

For Appellant: Alvin R. Ugent, Milwaukee

For Respondent: Timothy R. Schoewe, Milwaukee