By: WISCONSIN LAW JOURNAL STAFF//February 16, 2012//
By: WISCONSIN LAW JOURNAL STAFF//February 16, 2012//
Wisconsin Court of Appeals
Civil
Employment — public employment — pension benefits
Mark Ryan appeals the circuit court’s order vacating the denial of his claim for additional pension benefits and remanding for further proceedings before the County of Milwaukee Pension Board of the Employees’ Retirement System. Ryan’s claim before the Pension Board is based on his assertion that he did not validly waive the retention incentive bonus and therefore this bonus should be included in calculating his pension benefit. Ryan contends the court erred by not reversing the Pension Board’s denial and ordering that it grant his claim. As grounds for error, Ryan asserts: (1) the undisputed facts show that he did not make a valid waiver of the retention incentive bonus; (2) even if the waiver is otherwise valid, it is invalid because there is no consideration; and (3) even if the waiver is otherwise valid, Wis. Stat. § 59.22(1)(a)1. (2009-10) prohibits enforcement. For the reasons we explain below, we affirm the circuit court’s order. Not recommended for publication in the official reports.
2011AP314 Ryan v. County of Milwaukee Pension Board of the Employees’ Retirement System
Dist I, Milwaukee County, Kahn , J., Vergeront, J.
Attorneys: For Appellant: Levinson, Jeremy P., Milwaukee; Meuler, Christopher M., Milwaukee; For Respondent: Voiland, Joseph W., Milwaukee; Polakowski, Jessica Hutson, Madison