Limitations on Payment of Benefit.
Milwaukee City Charter § 36-12
in effect36-12. Limitations on Payment of Benefit.
Any amounts which may be paid or payable under the provisions of any state worker's compensation, or similar law, to a member or to the dependents of a member on account of any disability shall be offset against and payment in lieu of any benefits payable out of funds provided by the city under the provisions of this act on account of the same disability. Within 30 days of notification by the board, any member may elect to offset the full amount of a lump sum award of amounts payable in fulfillment of the obligation to offset amounts payable. In case the present value of the total commuted benefits under said worker's compensation or similar law is less than the reserve on the benefits otherwise payable from funds provided by the city under this act, then the present value of the commuted payments shall be deducted from the reserve and such benefits as may be provided by the reserve so reduced shall be payable under the provisions of this act. Upon recommendation of the actuary, the board may approve separate tables for purposes of computing present values under this section. The board may permit a member whose retirement allowance is being offset by amounts payable to satisfy the offset with a lump sum payment, provided that any costs of the actuary in calculating the amount of the lump sum payment are paid by the member. Within 30 days of notification by the board, any member who received an award of amounts payable on or before January 1, 1995 shall have the option of electing to pay the present value of such award or of electing to have the offset recalculated using separate tables developed for this purpose. Notwithstanding the foregoing, amounts paid or payable as social security disability benefits shall not be offset against the benefits payable by the city under the provisions of this act on account of the same disability to members in the coordinated plan. (S. 36-12 am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971. 36-12 am. File #941597, Feb. 14, 1995; eff. May 2, 1995. 36-12 am. File #950767, Oct. 17, 1995; eff. Jan. 2, 1996. 36-12 am. File #121025, Nov. 27, 2012; eff. Feb. 12, 2013.)
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/City-Charter/CH36.pdf#page=67Fetched: 10/26/2026