ERISA – Pensions

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WI Court of Appeals – District I

Case Name: Willie P. Watkins v. Pension Board of the Employees Retirement System of the County of Milwaukee

Case No.: 2018AP2063

Officials: Brash, P.J., Dugan and Fitzpatrick, JJ.

Focus: ERISA – Pensions

Willie P. Watkins appeals the trial court’s order affirming the decision of the Pension Board of the Employees’ Retirement System of the County of Milwaukee (Board) that upheld the denial of Watkins’ application to retire under the Rule of 75. Under the Milwaukee County Employee Retirement System (ERS), the County affords certain county employees the option of early retirement with what is called the Rule of 75 enabling them to receive a full pension when the age of the member plus the member’s years of county service equal seventy-five. See § 4.1(2).

Watkins argues that (1) the trial court failed to articulate and apply a proper standard of review; (2) the Board’s interpretation of § 11.4(c)3 of the county’s pension ordinance was unreasonable; and (3) the Board improperly reviewed and relied upon a confidential March 2017 fiscal analysis in denying his retirement application. We disagree and, for the following reasons, affirm.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.