Collective Bargaining Agreement – Duty Disability Retirement Benefits

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WI Court of Appeals – District I

Case Name: Milwaukee Police Supervisors Organization, et al., v. City of Milwaukee, at al.,

Case No.: 2019AP1319

Officials: Donald, P.J., Dugan and White, JJ.

Focus: Collective Bargaining Agreement – Duty Disability Retirement Benefits

The City of Milwaukee and the Milwaukee Employees’ Retirement System (MERS) appeal the order granting summary judgment to the Milwaukee Police Supervisors Organization (MPSO) and the Milwaukee Professional Firefighters’ Association Local 215 (Local 215) on the issue of the proper calculation of Duty Disability Retirement (DDR) benefits under their respective collective bargaining agreements (CBAs). We agree with the circuit court’s conclusion that the MPSO agreement did not require contribution into the pension plan in order to receive the pension offset payment, and, therefore, we affirm the court’s order as to MPSO. However, we conclude that Local 215’s agreement required members to contribute into the pension plan in order to receive the pension offset payment; and therefore, we reverse this part of the circuit court order, and remand with directions to grant summary judgment to the City and MERS on this issue.

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Derek A Hawkins is Corporate Counsel, at Salesforce.