Variable Shift Assignment Pay.
Milwaukee Code of Ordinances § 350-133
in effect350-133. Variable Shift Assignment Pay.
1. EMPLOYEES ELIGIBLE. Employees in active service and in the following position classifications shall be eligible for the compensation provided in this section, subject to established terms and conditions, as long as they remain in active service and within the stated classifications:
a. Chief of police.
b. Assistant chief of police.
c. Deputy chief of police.
d. Police commander.
2. COMPENSATION. a-1. An eligible employee in active service and occupying a position classification in sub. 1 on December 31 of a calendar year shall receive $1,050 for that calendar year. Effective with calendar year 2000 payments, this amount shall be increased to $1,150.
a-2. Effective with calendar year 1997, an employee with at least 20 years of active service as a law enforcement officer in the police department on December 31 of a calendar year shall be entitled to receive $250 per calendar year in addition to the amount the employee is entitled to receive under subd. 1. Payment of this additional $250 shall be first effective for eligible employees in active service as of December 31, 1997.
b. An employee who commences receiving a normal service retirement allowance during a calendar year shall receive an additional $350 supplemental to the payment provided in par. a for the calendar year immediately preceding the calendar year in which the employee retired. The employee shall also receive an amount equal to the amount to which he or she is entitled to under par. a for the calendar year in which the employee retired, prorated on the basis of active service in the calendar year of retirement.
c. An eligible employee who separates from active service on account of voluntary resignation during a calendar year shall receive the amount provided in par. a, prorated on the basis of the employee's active service while covered by this section during the calendar year in which the employee's separation occurred, computed to the nearest calendar month.
3. ADMINISTRATION. a. Except for employees who separate from active service during a calendar year on account of normal service retirement or voluntary resignation, employees must be in active service and covered by this section on December 31 of a calendar year in order to be eligible for that calendar year's variable shift assignment pay payment.
b. Payments made under this section shall be made as soon as it is administratively practicable following the date on which entitlement is established. In the case of an employee who commences a normal service retirement allowance in a calendar year, the supplemental amount provided in subpar. 2-b shall be paid after the employee's effective retirement date. Prorated payments made under this section shall be determined as follows:
b-1. An employee covered by this section and in active service for at least 14 days in a calendar month shall be deemed as having been covered by this section and in active service for the full calendar month.
b-2. If the employee is covered by this section and in active service for less than 14 days in a calendar month, exclusive of any mandatory furlough time, the employee shall be deemed as not having been covered by this section and in active service at all during the calendar month.
c. Except as provided for by ss. 35-01-60, 35-04-1, 36-02-12 and 15 and 36-08-7-b of the Milwaukee city charter, payments made under this section shall not be construed as being part of the eligible employee's base pay and shall not be included in the computation of any fringe benefit owing to the employee from any source.
d. For purposes of interpretation and construction of this section the variable shift assignment pay benefit to which the employee is entitled to include in his or her final average salary computation shall be an amount equal to the variable shift assignment pay payment the employee received for the calendar year immediately preceding the employee's effective date or retirement, but excluding any amount the employee received under par. a-2.
e. Variable shift assignment pay payments are compensation for and in recognition of the city's sole and unrestricted right to vary from time to time and without advance notice the starting time of an employee's regularly scheduled 8-hour shift assignment or the day on which such regular shift assignment occurs. Variable shift assignment pay payments are in lieu of any other compensation for the city's retention of this right, including, without limitation, any "out-of-shift" pay premium.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-3/CH350-sub7.pdf#page=2Fetched: 10/26/2026