§ 36-02 — Definitions

36-02. Definitions.

Except where the context plainly requires different meaning, the following words and phrases shall have the following meanings: 1. ACCUMULATED CONTRIBU-TIONS shall mean the sum of the contributions, in the member's account, as provided for in s. 36-08-7-i, together with regular interest, credited at the end of each year on the balance in the account at the beginning of each year. For members who retire or die, interest for the current year shall be calculated to the first day of the month preceding retirement or death. (Sub. 1 am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971.) 2. ACT refers to the employes' retirement act as created by the provisions of ch. 396, laws of [Wisconsin] 1937, and as amended thereafter, including amendments enacted by the common council under its home rule powers. 2.5. ACTUARIAL CONTRIBUTION RATE shall mean the percentage of covered compensation that determines the amount of the annual contribution from the city and city agencies to the combined fund beginning with the contribution due on January 31, 2014. Beginning with the contribution due on December 31, 2025, actuarial contribution rate shall mean the dollar amount calculated by the actuary pursuant to ss. 36-15-15 and 62.625, Wis. Stats. (Sub. 2.5 cr. File #121417, April 30, 2013; eff. July 16, 2013. Sub. 2.5 am. File #230362, Sept. 19, 2023; eff. Nov. 18, 2023.) 3. ACTUARIAL EQUIVALENT shall mean a benefit of equivalent value as determined on the basis of the tables most recently adopted by the board. (Sub. 3 am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971.) 3.2. AMORTIZATION PERIOD shall mean the period of time over which unfunded liability, if any, is amortized. (Sub. 3.2 cr. File #091274, March 2, 2010; eff. May 18, 2010.) 3.5. ASSET SMOOTHING PERIOD shall mean the length of time over which changes in the market value of assets are converted to actuarial values. (Sub. 3.5 cr. File #091274, March 2, 2010; eff. May 18, 2010.) 3.7. ASSET VALUATION CORRIDOR shall mean the maximum variance between the market value of assets and the actuarial value of assets that may be used in the annual valuation. (Sub. 3.7 cr. File #091274, March 2, 2010; eff. May 18, 2010.) 4. ANNUITY shall mean the annual payments made to a beneficiary who elects an annuity in lieu of a lump sum ordinary death benefit. All annuities shall be paid in equal monthly installments. When the annuity begins after the 1st day of the month or ends before the last day of the month, the pro rata amounts shall be paid for that month. (Sub. 4 am. Ch. Ord. 348, File #68-2287, Jan. 21, 1969.) 5. BENEFICIARY shall mean any person in receipt of a retirement allowance, or other benefit, as provided by this act. (S. 1, Ch. 396, L. 1937.) 6. BOARD shall mean the annuity and pension board provided for in section 7 of this act [s. 36-15] to administer the retirement system. (S. 1, Ch. 396, L. 1937.) 7. CITY shall mean the city in which the retirement system as herein provided is established. (S. 1, Ch. 396, L. 1937.) 8. CITY AGENCY shall mean any board, commission, division, department, office or agency of the city government, including its school board under ch. 119, Wis. Stats., an exposition center under ch. 229, Wis. Stats., a local exposition district board under ch. 229, Wis. Stats., annuity and pension board under s. 62.63, Wis. Stats., a metropolitan sewerage district and commission under ch. 66, Wis. Stats., a vocational, technical and adult education district under ch. 38, Wis. Stats., a housing authority under ch. 66, Wis. Stats., a redevelopment authority under ch. 66, Wis. Stats., having jurisdiction within such city, an auditorium board, fire and police departments, a board of vocational and adult education, Wisconsin Center District, a water department, Veolia Milwaukee with respect to employes who are participants in the retirement system of Milwaukee on June 22, 2023, and public school teachers’ annuity and retirement fund, by which an employee of the city or city agency is paid. (Sub. 8 rc. File #900632, Sept. 25, 1990; eff. Dec. 11, 1990. Sub. 8 am. File #950563, July 28, 1995; eff. Oct. 16, 1995. Sub. 8 am. File #230362, Sept. 19, 2023; eff. Nov. 18, 2023.) 8.2. CLOSED AMORTIZATION PERIOD shall mean a schedule for amortizing unfunded liability that decreases by one year annually. (Sub. 8.2 cr. File #091274, March 2, 2010; eff. May 18, 2010.) 8.5. COMBINED FUND shall mean the fund created under s. 36-08-9. (Sub. 8.5 cr. File #991585, April 11, 2000; eff. Jan. 19, 2001.) 9. CONSENT AGREEMENT shall mean the agreement entered into between the employee and the employer providing for participation under the coordinated plan. (Sub. 9 am. Ch. Ord. 332, File #67-355-a, July 25, 1967.) 10. COORDINATED PLAN shall mean those provisions of this chapter providing benefits in conjunction with those benefits provided under the social security act. (Sub. 10 am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971.) 10.5. COVERED COMPENSATION shall mean the compensation earned for which membership service is credited. (Sub. 10.5 cr. File #121417, April 30, 2013; eff. July 16, 2013.) 11. CREDITABLE SERVICE shall mean prior service plus membership service for which credit is allowable under section 4 of this act [s. 36-04]. (S. 1, Ch. 396, L. 1937.) 12. EARNABLE COMPENSATION shall mean: a. The annual regular base salary that would be payable to a member if he or she worked the full normal working time for his or her position, provided, however, that where service is credited during periods of absences as provided in s. 36-04-1-b and e, the employee shall be considered to have an earnable compensation during such periods of absence equivalent to the earnable compensation the employee would have had if the employee had continued to work the full working time for the employee’s position during the period of absence. In cases where compensation includes maintenance, the board shall fix the value of that part of the compensation not payable in money. Policemen, excluding sergeant of police, detective lieutenant and ranks above same, retiring on a service retirement allowance on or after January 1, 1983, shall have longevity in rank pay, if any, payable at the close of the calendar year immediately preceding their retirement included as earnable compensation, except that policemen excluding sergeant of police, detective lieutenant and ranks above same, retiring on a service retirement allowance on or after January 1, 1998, who would have accrued 20 years of creditable service if they had remained in active service to the end of the calendar year in which they retire, shall have longevity in rank pay, if any, that would have been payable at the close of the calendar year of their retirement had they not retired included as earnable compensation, policemen of the rank of police sergeant and above (excluding the rank of commander and above) retiring on a service retirement allowance prior to January 1, 2000 shall have variable shift assignment pay, if any, to a maximum of $1,410 per calendar year for police sergeant, administrative police sergeant, police sergeant (garage) and police identification supervisor, and $1,400 per calendar year for all others payable for the calendar year immediately preceding the calendar year in which they retire included as earnable compensation except that such other policemen who retire during calendar year 1985 shall have variable shift assignment pay, if any payable for calendar year 1985 included as earnable compensation. Policemen of the rank of police sergeant and above (excluding policemen of the rank of police commander and above) retiring on a service retirement on or after January 1, 2000 shall have variable shift assignment pay, if any, to a maximum of $1,060 per calendar year for the ranks of police sergeant, police sergeant (garage) and police identification supervisor and $1,050 per calendar year for all others payable for the calendar year immediately preceding the calendar year in which they retire included as earnable compensation. Policemen of the rank of police sergeant or administrative police sergeant retiring on a service retirement on or after January 1, 2003 shall have variable shift assignment pay, if any, to maximum of $1,360 per calendar year included in the calculation of final average salary for computing an employee’s normal service retirement allowance. Policemen of the rank of police commander or above retiring on a service retirement allowance prior to January 1, 2001 shall have variable shift assignment pay, if any, to a maximum of $1,400 per calendar year for the year immediately prior to the calendar year in which they retire included as earnable compensation and policemen of the rank of police commander or above retiring on a service retirement on or after January 1, 2001 shall have variable shift assignment pay, if any, to a maximum of $1,500 per calendar year for the year immediately prior to the calendar year in which they retire included as earnable compensation. Variable shift assignment pay for policemen represented by the MPSO and retiring on a service retirement allowance on or after January 1, 2011 shall cease to be included as earnable compensation. Firemen retiring on a service retirement allowance on or after January 1, 1992, shall have up to a maximum of $550 in special emergency medical technician pay, if any, payable at the close of the calendar year immediately preceding their retirement included as earnable compensation. Firemen retiring on a service retirement allowance on or after January 1, 2000, shall have longevity pay, payable at the close of the calendar year immediately preceding their retirement included as earnable compensation. Firemen represented by Local 215 IAFF and retiring on a service retirement allowance in 2004 shall have training standards pay, if any, up to a maximum of $400, that would have been payable at the close of calendar year 2004 had they not retired, included as earnable compensation. Firemen represented by Local 215 IAFF and retiring on a service retirement allowance on or after January 1, 2005 shall have training standards pay, if any, up to a maximum of $400 received for the calendar year immediately preceding the calendar year of their retirement, included as earnable compensation. Training standards pay for firemen represented by Local 215 IAFF and retiring on a service retirement allowance on or after January 1, 2011 shall cease to be included as earnable compensation. Firemen represented by Local 215 IAFF and retiring on a service retirement allowance on or after January 1, 2006 shall have EMT II premium pay, if any, up to a maximum of $1000 received for the calendar year immediately preceding the calendar year of their retirement, included as earnable compensation. Members who are employees of the school board represented by Local 950, Operating Engineers International Union, who retire on or after March 4, 1990, shall have site differential pay if received on or after March 4, 1990, included as earnable compensation. Earnable compensation for any one year of creditable service shall not exceed $150,000. If for any calendar year after 1994 the excess of $150,000 increased by the cost of living adjustment prescribed by section 415(d), Internal Revenue Code, on a base period of the last quarter of calendar year 1993 exceeds $150,000 by an amount in excess of $10,000, the maximum for any subsequent calendar year shall be increased by the amount of the excess rounded to the next lowest multiple of $10,000. Earnable compensation for any calendar year commencing on or after January 1, 2002 shall not exceed $200,000, as adjusted for cost of living increases in accordance with section 401(a)(17)(B) of the Internal Revenue Code. Earnable compensation means compensation during the calendar year or such other consecutive 12-month period over which earnable compensation is otherwise determined by the retirement system (the determination period). The cost of living adjustment in effect for a calendar year applies to any determination period beginning in such calendar year. b. In computing the service retirement allowance payable to a policeman retiring on a service retirement allowance under s. 36-05-1-e, a policeman retiring during calendar year 1995 shall have the certification pay benefit which would have been payable at the close of calendar year 1995, had such policeman not retired included in earnable compensation. In computing the retirement allowance payable to a policeman retiring on a service retirement allowance under s. 36-05-1-e in calendar years 1996 through 2003, the certification pay benefit payable to such policemen at the close of the calendar year immediately prior to the calendar year of retirement shall be included in earnable compensation. In computing the retirement allowance payable to a policeman who is entitled to certification pay at the time of retirement, other than a sergeant, lieutenant and ranks above, retiring on a service retirement allowance under s. 36-05-1-e in calendar year 2004, such policeman shall have the sum of $1,000 of certification pay included as earnable compensation. In computing the retirement allowance payable to a policeman who is entitled to certification pay at the time of retirement, other than a sergeant, lieutenant and ranks above, retiring on a service retirement allowance under s. 36-05-1-e on or after January 1, 2005, certification pay in an amount not to exceed the first $1,000 of certification pay payable to such policeman at the close of the calendar year immediately prior to the calendar year of retirement shall be included in earnable compensation. Certification pay for policemen represented by the MPSO and retiring on a service retirement allowance on or after January 1, 2011 shall cease to be included as earnable compensation. A policeman who has served in the position of police liaison officer, who retires on a service retirement allowance after January 1, 2004 shall have the $150 biweekly payments payable in and after pay period 1, 2004, which are payable in lieu of certain other payments and allowances received by policemen, included as earnable compensation in an amount not to exceed a maximum of 12 months of such biweekly payments. This par. shall not apply to policemen who receive a retirement allowance under s. 36-05-6-b-2 and 3, 6-c, 6-d or 6-e. (Sub. 12 am. Ch. Ord. 556, File #85-769, Dec. 4, 1985; eff. March 15, 1986. Sub. 12 am. File #890633, July 25, 1989; eff. Oct. 14, 1989. Sub. 12 am. File #902072, April 23, 1991; eff. July 9, 1991. Sub. 12 am. File #91154, Oct. 15, 1991; eff. Dec. 31, 1991. Sub. 12 am. (Note) File #901684, July 28, 1992; eff. Sept. 30, 1992. Sub. 12 am. File #931464, Jan. 25, 1994; eff. April 12, 1994. Sub. 12 am. File #951902, June 4, 1996; eff. Aug. 20, 1996. Sub. 12-a am. File #990892, Oct. 19, 1999; eff. Jan. 4, 2000. Sub. 12-a am. File #991213, Nov. 29, 1999; eff. Feb. 15, 2000. Sub. 12-a am. File #991904, May 19,2000; eff. Aug. 8, 2000. Sub. 12-a am File #000932, Nov. 28, 2000; eff. Feb. 13, 2001. Sub. 12-a am. File #010670, Sept. 25, 2001; eff. Dec. 10, 2001. Sub 12-a am. File # 040265, July 7, 2004; eff. Sept. 13, 2004. Sub. 12-b am. File #041649, April 12, 2005; eff. June 28, 2005. Sub. 12-a am. File #050475, Sept. 27, 2005; eff. Dec. 13, 2005. Sub. 12-a am. File #060488, Sept. 26, 2006; eff. Dec. 12, 2006. Sub. 12-a am. File #070075, May 8, 2007; eff. July 24, 2007. Sub 12-a am. File #090183, June 16, 2009; eff August 25, 2009. Sub. 12-a & b am, File #110747, Nov. 2, 2011; eff, Jan. 18, 2012.) 13. EMPLOYEE shall mean any person whose name appears on a regular payroll of the city or city agency, except persons who are contributing under the teachers' retirement act or a participating employee under the provisions of the Wisconsin retirement system; or who are elected to office by vote of the people unless such elected person shall request the board in writing to be included within the provisions of this fund; or who are school crossing guards; or who are hired by the city or city agency after December 31, 2023, and who were not in active service of the city or a city agency on that date, with respect to the position to which the person is hired after that date, irrespective of whether the person was previously an employee of the city or a city agency, unless such person is being restored to active service following termination of a duty disability retirement allowance. In the event of a question arising as to the right of any person in the service of the city to be classified as an employee under this act, the decision of the board shall be final. (Sub. 13 am. File #950985, Nov. 6, 1995; eff. Jan. 22, 1996. Sub. 13 am. File #230362, Sept. 19, 2023; eff. Nov. 18, 2023.) 14. EMPLOYES' RETIREMENT SYSTEM. (See Retirement System.) 14.5. EMPLOYERS’ SHARE OF NORMAL COST shall mean the difference between normal cost as defined under s. 36-2-2.5 and member contributions under s. 36-8-7. (Sub. 14.5 cr. File #121417, April 30, 2013; eff. July 16, 2013.) 15. FINAL AVERAGE SALARY shall mean the average annual earnable compensation of a member computed on the 3 years of creditable service preceding his date of death or retirement during which his earnable compensation was the highest or if he should have less than 3 years of creditable service, then his average annual earnable compensation during his creditable service; except that for policemen whose date of death or retirement is on or after October 5, 1973, and firemen whose date of death or retirement is on or after July 28, 1974, "final average salary" shall mean the average annual earnable compensation of a member computed on the year of creditable service preceding his date of death or retirement during which his earnable compensation was the highest. (Sub. 15 am. Ch. Ord. 526, File #83-986, Sept. 27, 1983.) 16. FIREMAN shall mean a person first employed on or after July 30, 1947, in the fire department whose duty it is to extinguish fires and to protect property and life therefrom, including the chief and all other firemen officers. Commencing in 1975, this term includes a fireman on detached service under the contract administration provisions of a labor contract. Commencing February 14, 1989, this term includes a person employed in the fire department as a fire alarm dispatcher who was promoted from a position whose exclusive duty it is to provide emergency medical services. Commencing June 1, 1989, this term includes a person employed in the fire department whose exclusive duty it is to provide emergency medical services. (Sub. 16 am. Ch. Ord. 561, File #86-821, Sept. 23, 1986; eff. Dec. 8, 1986. Sub. 16 am. File #890598, July 25, 1989; eff. Oct. 14, 1989.) 17. GENERAL CITY EMPLOYEE shall mean: An employee of the city or a city agency who is not a policeman or fireman. For purposes of s. 36-05-1-h-5, general city employee shall include a person meeting this definition on January 1, 2000, even though the person was no longer employed by the city or city agency on January 19, 2001. (Sub. 17 rc. File #900631, Sept. 25, 1990; eff. Dec. 11, 1990. Par. c cr. File #941982, Apr. 25, 1995; eff. July 12, 1995. Par. b am. File #950563, July 28, 1995; eff. Oct. 16, 1995. Par. c am. File #950563, July 28, 1995; eff. Oct. 16, 1995. Par. c am. File #950869, October 17, 1995; eff. January 2, 1996. Par. d cr. File #950981, November 6, 1995; eff. January 9, 1996. Par. e cr. File #951195, Dec. 19, 1995; eff. Mar. 13, 1996. Par. a am. File #951504, Feb. 13, 1996; eff. April 30, 1996. Par. b am. File #951504, Feb. 13, 1996; eff. April 30, 1996. Par. c am. File #951504, Feb. 13, 1996; eff. April 30, 1996. Par. d am. File #951488, Feb. 13, 1996; eff. April 30, 1996. Par. d am. File #951904, May 14, 1996; eff. July 31, 1996. Sub.17 am. File #971131, Dec. 16, 1997; eff. March 9, 1998. Par. c am. File #980238, June 16, 1998; eff. Sept. 1, 1998. Sub. 17 am. File #991585, April 11, 2000; eff. Jan. 19, 2001. Sub. 17 am. File #011501, March 5, 2002; eff. May 21, 2002.) 17.5. LEVEL DOLLAR AMORTIZATION shall mean amortization payments on the unfunded liability, if any, expressed as an equal dollar amount over the remaining amortization period as of the actuarial valuation date. (Sub. 17.5 cr. File #091274, March 2, 2010; eff. May 18, 2010. Sub. 17.5 rc. File #230362, Sept. 19, 2023; eff. Nov. 18, 2023.) 18. MASCULINE PRONOUN shall include the feminine. (am. Ch. Ord. 332, File #67-355-a, July 25, 1967.) 19. MEDICAL COUNCIL shall mean the council of physicians provided for in s. 36-15-12. (Ch. 396, L. 1937.) 20. MEDICAL PANEL as it relates to policemen and firemen shall mean a panel of physicians consisting of one member to be selected by designation of the city; one member to be selected by the certified bargaining agent for the affected policeman or fireman; and the 3rd member to be selected by the other 2 members. In the case of a policeman who becomes a member of the retirement system after June 28, 2005, or a fireman represented by Local 215, IAFF, who becomes a member of the retirement system after December 13, 2005 and who applies for, or is granted, a duty disability retirement allowance based on a mental injury, “medical panel” shall mean the medical council. Notwithstanding the foregoing, “medical panel” shall mean the medical council as it relates to a policeman represented by the MPSO who files an application for a duty disability retirement on or after January 1, 2016, a policeman represented by the MPA who files an application for a duty disability retirement on or after June 19, 2016, and a fireman represented by Local 215, IAFF, who files an application for a duty disability retirement on or after July 30, 2016. In the case of a policeman or fireman who is not represented by a certified bargaining agent, "medical panel" shall mean the medical council. All decisions of the medical panel shall be made by a majority vote. (Sub. 20 am. Ch. Ord. 552, File #85-118-a, July 16, 1985; eff. Sept. 30, 1985. Sub. 20 am. Ch. Ord. 554, File #85-845, Oct. 1, 1985; eff. Dec. 15, 1985. Sub. 20 am. File #001664, April 10, 2001; eff. June 27, 2001. Sub. 20 am. File #041649, April 12, 2005; eff. June 28, 2005. Sub. 20 am. File #050475, Sept. 27, 2005; eff. Dec. 13, 2005. Sub. 20 am. File #081272, Feb. 10, 2009; eff. Apr. 28, 2009. Sub. 20 am. File #151113, Dec. 15, 2015; eff. Feb. 29, 2016. Sub. 20 am. File #151274, Feb. 9, 2016; eff. April. 26, 2016. Sub. 20 am. File #141568, Sept. 20, 2016; eff. Dec. 6, 2016.) 21. MEMBER shall mean any person included in the membership of the retirement system as provided in section 3 of this act [s. 36-03]. (S. 1, Ch. 396, L. 1937.) 22. MEMBERSHIP SERVICE shall mean service as an employee since last becoming a member of the retirement system and on account of which contributions are made by the city or city agency. (am. Ch. Ord. 332, File #67-355-a, July 25, 1967.) 22.5. NORMAL COST shall mean the actuarial present value of the projected retirement benefits under the benefit formulas attributable to members’ service during the current year. (Sub. 22.5 cr. File #121417, April 30, 2013; eff. July 16, 2013.) 23. PARAMEDIC shall mean a person other than a fireman employed in the fire department and classified as a paramedic or paramedic officer. (am. Ch. Ord. 530, File #82-2109-b, Jan. 24, 1984.) 24. POLICEMAN for the purposes of this act shall mean a person first employed on or after July 30, 1947, in the police department whose duty it is to preserve peace and good order of the city, having the power of arrest without warrant, including the chief and all other policemen, officers and police aides hired on or before October 2, 2011. Commencing in 1969, this term includes a policeman on detached service under the contract administration provisions of a labor contract. (Sub. 24 am. Ch. Ord. 561, File #86-821, Sept. 23, 1986; eff. Dec. 8, 1986, Sub. 24 am. File #110289, July 26, 2011; eff. Oct. 11, 2011.) 25. PRIOR SERVICE shall mean the service of a member as an employee rendered prior to January 1, 1938, either in the service of the city or city agency, certified on a prior service certificate. In the event, however, that a person ineligible for membership in the retirement system is made eligible by amendments to this act, prior service shall be defined to mean all service of a member rendered prior to the effective date of the amendment which made him eligible for such membership. (am. Ch. Ord. 332, File #67-355-a, July 25, 1967.) 26. REGULAR INTEREST shall mean interest at such rate as may be set from time to time by the board in accordance with section 9 of this act [s. 36-09]. (S. 1, Ch. 396, L. 1937.) 26.5. RETIRED LIVES shall mean the portion of plan liabilities attributed to retired members. (Sub. 26.5 cr. File #121417, April 30, 2013; eff. July 16, 2013.) 27. RETIREMENT ALLOWANCE shall mean the annual payments for life, or any optional benefit payable in lieu thereof. All allowances shall be paid in equal monthly installments. When the allowance begins after the first day of the month or ends before the last day of the month, the pro rata amount shall be paid for that month. (am. Ch. Ord. 348, File #68-2287, Jan. 21, 1969.) 28. RETIREMENT SYSTEM shall mean the employes' retirement system of the city of Milwaukee. 29. SINGULAR. Unless the context clearly indicates otherwise, the singular shall include the plural. (cr. Ch. Ord. 375, File #71-1754, Dec. 7, 1971. Sub. 29 cr. File #940667, July 29, 1994; eff. Oct. 17, 1994. Sub. 29 rp. File #950869, October 17, 1995; eff. January 2, 1996. Sub. 30 rn. to 29, File #950869, October 17, 1995; eff. January 2, 1996.) 30. SOCIAL SECURITY ACT shall mean Title II of the old-age survivors, disability and health insurance benefits act. (am. Ch. Ord.332, File #67-355-a, July 25, 1967. Sub. 31 rn. to 30 File #950869, October 17, 1995; eff. January 2, 1996.) 31. SOCIAL SECURITY BENEFIT shall mean the unreduced old-age insurance benefit provided under the social security act to which the member is entitled or would be entitled upon proper application or the reduced social security benefit to which the member is entitled if the member elects an advance against such reduced old-age insurance benefit. (Sub. 32 am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971. Sub. 32 rn. to 31 File #950869, October 17, 1995; eff. January 2, 1996. Sub. 31 rc. File #041179, Feb. 1, 2005; eff. April 19, 2005.)