ERISA – Retirement Benefits – Minimum Service Age

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WI Court of Appeals – District I

Case Name: James E. Miller, et al., v. City of Milwaukee and Milwaukee Employees’ Retirement System

Case No.: 2020AP1346

Officials: Brash, C.J., Donald, P.J., and Dugan, J.

Focus: ERISA – Retirement Benefits – Minimum Service Age

The City of Milwaukee and Milwaukee Employees’ Retirement System (collectively the City) appeal an order of the circuit court granting summary judgment in favor of James E. Miller, Jr. and Marion Holley. Miller and Holley, two former police officers with the City, commenced this action against the City arguing that they were entitled to begin collecting their retirement benefits at the age of fifty-seven. The City disagrees and argues that Miller and Holley were not entitled to collect retirement benefits until the age of sixty because Miller and Holley returned to employment with the City as general city employees, thereby changing the minimum service retirement age applicable to both Miller and Holley from fifty-seven to sixty.

For the reasons set forth herein, we agree with the City, and we conclude that Miller and Holley are not entitled to receive retirement benefits until age sixty as a result of their re-employment under the classification as general city employees. We further conclude that Miller and Holley had no vested right in the minimum service retirement age applicable to police officers. Accordingly, we reverse the order of the circuit court and remand with directions to grant summary judgment in favor of the City.

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Derek A Hawkins is Corporate Counsel, at Salesforce.