Re-examination of Disability Beneficiaries.
Milwaukee City Charter § 36-07
in effect36-07. Re-examination of Disability Beneficiaries.
1.
PERIODIC MEDICAL EXAMINA-TIONS. Once each year during the first 5 years following retirement of any disability beneficiary and once in every 3 year period thereafter, the board may require such beneficiary, if he has not attained the minimum service retirement age, to submit to a medical examination by a physician or physicians of or appointed by the medical council or the board. Should any such beneficiary refuse in any such year or period to undergo at least one such medical examination, his allowance may be discontinued until he consents to the examination; and should the refusal continue for one year, all rights in and to the allowance may be revoked by the board, in which event there shall be refunded to him at the time of the termination of his allowance a lump sum equal in amount to the difference between the amount of his accumulated contributions at the time of his retirement and the sum of the payments actually made to him during his disability retirement that is the actuarial equivalent of his accumulated contributions at retirement. However, the refund herein provided for shall only be payable if such member is eligible therefor under s. 36-05-6. (Sub. 1 am. Ch. Ord. 375, File #71-1754, Dec. 7, 1971.)
2.
ADJUSTMENT OF ALLOWANCE.
a. In the event the board shall determine, based upon information received by it from the medical council or from other sources, that a disability beneficiary is able to engage in a gainful occupation which pays more than the difference between the current salary for the position held by such person at the time of retirement and the retirement allowance granted to him, in such instance the pension of such person shall be reduced by the amount of such excess earnings. If the earning capacity of such person be later changed, then the amount of his pension may be modified, provided the new pension shall at no time exceed the amount of the pension granted at the time of his retirement. This provision shall not apply in the instance of a disability beneficiary having attained the age for service retirement.
b. Any person who was a member of the employes' retirement system and who had retired on a disability pension prior to the enactment of par. a, ch. ord. 307 passed July 14, 1964, which was granted under the provisions of this act, shall have his disability pension computed as provided for in s. 36-07-2-a of ch. ord. 338 commencing from and after January 1, 1968. (Sub. 2 rn. to sub. 2-a, Ch. 338, File #63-2069-c, March 7,1968. Sub 2-b cr. Ch. Ord. 338, File #63-2069-c, Mar. 7, 1968.)
3.
MEMBERSHIP RESTORED. Should any disability beneficiary be restored to active service prior to attaining the minimum service retirement age, or should any disability beneficiary other than a fireman retired on ordinary disability, or a policeman retired on duty disability and appointed to a position in active service pursuant to s. 62.51, Wis. Stats., on or after May 3, 1988, be at any time in active service prior to attaining the minimum service retirement age, the disability retirement allowance shall cease, and he or she shall again become a member of the retirement system. Should a fireman retired on ordinary disability apply for and accept employment with the city or a city agency prior to attaining the minimum service retirement age, his or her disability retirement allowance shall cease and he or she shall become a member upon completion of a probationary period. Should a policeman retired on duty disability be appointed to a position in active service pursuant to s. 62.51, Wis. Stats., on or after May 3, 1988, payment of the duty disability retirement allowance shall be suspended during the period in which the person holds office pursuant to s. 62.51, Wis. Stats.; and thereafter, notwithstanding s. 36-05-3-c-1, the person shall receive a duty disability allowance during the period of the disability in an amount equal to 75% of the annual salary at the time of appointment pursuant to s. 62.51, Wis. Stats., for the position which the person held at the time of injury, increased by the percentage of across-the board management pay increases occurring after appointment pursuant to s. 62.51, Wis. Stats. For a person restored to membership under this subsection, any prior service certificate on the basis of which an allowance was computed at the time of disability retirement shall be restored to full force and effect, and in addition, upon his subsequent retirement the person shall be credited with all his or her membership service on the basis of which the allowance was computed at the time of disability retirement, and all service credit to which, the person is entitled under s. 36-04-3. (Sub. 3 am. Ch. Ord. 559, File #85-737-d, April 15, 1986; eff. June 30, 1986. Sub. 3 am. File #880374, June 7, 1988; eff. Aug. 22, 1988. Sub. 3 am. File #881667, Dec. 20, 1988; eff. March 13, 1989.)
[Note: This subsection shall apply to policemen retiring on a normal service retirement allowance on or after January 1, 1987. (File #881667, Dec. 20, 1988; eff. March 13, 1989.)]
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=53Fetched: 10/26/2026