Membership.
Milwaukee City Charter § 36-03
in effect36-03. Membership.
1. ELIGIBILITY. The following shall be eligible to membership in the system:
a. Any employee who is entitled to and who elected membership at the time of the creation of the retirement system, or (Par. a am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971.)
b. Any person who becomes an employee after January 1, 1938, and who is eligible under the provisions of this act and who shall satisfy the following conditions:
b-1. Who is a full time employee; or
b-2. Who is a part-time employee who is eligible for membership under rules and regulations adopted by the board; or
b-3. Elected officials who have evidenced their intention to join the system.
[NOTE: Notwithstanding the provisions of subd. 1, any employee of the city or a city agency as defined in s. 36-02, who became eligible for membership in the employes' retirement system as a result of part-time employment in calendar years prior to 1988, but was not enrolled as a member of the employes' retirement system during such years may file a written election not to become a member of the employes' retirement system within 60 days after February 8, 1990. Such election shall be on a form approved by the annuity and pension board and shall constitute a waiver of all present and prospective benefits which would otherwise inure to the employee by virtue of his or her membership in the employes' retirement system. If such employee becomes a member by virtue of service from and after January 1, 1988, such employee shall not be given prior service credit or service as an employee prior to January 1, 1988. (File #881377, Nov. 17, 1989; eff. Feb. 8, 1990.)
2.
WAIVER OF MEMBERSHIP. Any person who filed with the board a written election not to become a member which shall constitute a waiver of all present and prospective benefits which would otherwise inure to him by his participation in the system, may later become a member provided he passes such medical examination as the board may require. If such employee becomes a member within one year after the effective date of establishment of the retirement system, he shall be eligible for prior service credit, but if he does not become a member within such period, he shall not be eligible for prior service credit.
3.
DENIAL OF MEMBERSHIP. The board may, in its discretion, admit to membership any employee or class of employees whose compensation is only partly paid by the city or who are serving on a temporary basis, which the board considers eligible under the provisions of this act.
4.
REPORT OF CITY OFFICIALS. It shall be the duty of the head of each department or agency of the city government employing persons who are members or are entitled to become members to submit to the board such statements as the board shall require, of the name, title, compensation, duties, date of birth and length of service of each such person employed by such department or agency.
5.
TERMINATION OF MEMBERSHIP. Should any member in a period of 10 consecutive years after last becoming a member be absent from service a total of more than 5 years, except as provided in ss. 36-04-1-b and 36-05-6-b-2 and 6 c and d, or should he become a beneficiary as a result of his contributions under this act or die, or should he withdraw his accumulated contributions, he shall thereupon cease to be a member. (Sub. 5 rc. Ch. Ord. 332, File #67-355-a, July 25, 1967.Sub. 5-b rp. Ch. Ord. 375, File #71-1754, Dec. 7, 1971.)
6.
WHO NOT TO BECOME MEMBERS. The following shall not be eligible for membership in the retirement system:
a. Persons who are actively employed as a teacher and eligible to contribute to the teacher retirement system.
b. Persons who are employed by the city as school crossing guards.
c. Persons 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 act.
d. Part time employees, except those eligible under rules and regulations promulgated by the board.
e. No disability beneficiary restored to active service prior to October 17, 1992 after attaining the minimum service retirement age shall become a member of this system.
f. Persons who are employed by the city as police aides on or after October 3, 2011.
g. Persons who are receiving a retirement allowance under any provision of this chapter.
h. Persons who are employed by the city as fire cadets.
i. Persons who are employed by the city as management trainees.
j. Persons who are employed by the Milwaukee board of school directors as management interns - restricted terms.
k. Persons who are hired by the city or a city agency after December 31, 2023. This paragraph shall not apply to members restored to active service following termination of a duty disability retirement allowance. (Sub. 6 rc. Ch. Ord. 332, File #67-355-a, July 25, 1967. Par. a am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971. Par f rc. File #930123, May 25, 1993; eff Aug 11, 1993. Par. e am. File #941981, April 25, 1995; eff. July 12, 1995. Par. f rp. File #060982, Dec. 12, 2006; eff. Mar 5, 2007. Par. f cr. File #110289, July 26, 2011; eff. Oct. 11, 2011 Par. g cr. File #110779, Oct. 11, 2011; eff. Dec. 27, 2011. Par. h cr. File #110798, Nov. 30, 2011; eff. Feb. 15, 2012. Par. I cr. File #120022 July 24, 2012; eff. Oct. 9, 2012. Par b, f and h am. File #120057 Sept. 25, 2012; eff. Dec. 11, 2012. Par j cr. File #120894 Dec. 18, 2012; eff. March 11, 2013. Par. k cr. File #230362, Sept. 19, 2023; eff. Nov. 18, 2023.)
7.
PROHIBITION ON FURTHER ACCRUAL AFTER SEPARATION: Notwithstanding any other provision of law, any person who is hired by the city or a city agency after December 31, 2023, and who was 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, shall not be eligible for active membership in the retirement system and may not accrue any further service credit under this chapter. Such persons shall instead be enrolled in the Wisconsin Retirement System, subject to the eligibility requirements of ch. 40, Wis. Stats. This paragraph shall not apply to members restored to active service following termination of a duty disability retirement allowance. (Sub. 7 cr. File #230362, Sept. 19, 2023; eff. Nov. 18, 2023.)
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=7Fetched: 10/26/2026