Summary
The Wisconsin Supreme Court reviewed whether Milwaukee County breached a contractual pension right by reducing the pension multiplier from 2% to 1.6% for county service performed on or after January 1, 2012. The court held that the reduction was prospective only and did not diminish or impair benefits already accrued and vested, and that the employee had no vested right to the 2% multiplier for future, unearned service. The court reversed and remanded with directions to dismiss the complaint.
Holdings
- Milwaukee County could prospectively reduce the pension multiplier for benefits that had not vested before the effective date of the reduction.
- Stoker did not have a vested right to have the 2% multiplier apply to service rendered after January 1, 2012.
- Milwaukee County did not breach its contract with Stoker by reducing the multiplier from 2% to 1.6% for post-2011 service.
Questions Presented
- Whether Milwaukee County had authority under the governing session laws and its home-rule authority to prospectively reduce the pension multiplier for benefits not yet earned.
- Whether Stoker had a vested contractual right to have the 2% multiplier apply to county service rendered after January 1, 2012.
- Whether the Federation lawfully consented on Stoker's behalf to the reduction.
Disposition
reversed_and_remanded
Cases Cited (22)
- Tatera v. FMC Corp., 2010 WI 90, 328 Wis. 2d 320, 786 N.W.2d 810(followed)
- Racine County v. Oracular Milwaukee, Inc., 2010 WI 25, 323 Wis. 2d 682, 781 N.W.2d 88(followed)
- Marris v. City of Cedarburg, 176 Wis. 2d 14, 498 N.W.2d 842 (1993)(followed)
- County of Columbia v. Bylewski, 94 Wis. 2d 153, 288 N.W.2d 129 (1980)(followed)
- Noffke ex rel. Swenson v. Bakke, 2009 WI 10, 315 Wis. 2d 350, 760 N.W.2d 156(followed)
- Megal Development Corp. v. Shadof, 2005 WI 151, 286 Wis. 2d 105, 705 N.W.2d 645(followed)
- State ex rel. Kalal v. Circuit Court for Dane County, 2004 WI 58, 271 Wis. 2d 633, 681 N.W.2d 110(followed)
- Bruno v. Milwaukee County, 2003 WI 28, 260 Wis. 2d 633, 660 N.W.2d 656(followed)
- Chickasaw Nation v. United States, 534 U.S. 84 (2001)(followed)
- Circuit City Stores, Inc. v. Adams, 532 U.S. 105 (2001)(followed)
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Cited In (0)
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Court Document
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