Wisconsin Statutes
Wis. Stat. § 62.623 (2026)
Payment of contributions in an employee retirement system of a 1st class city
✓ current as of July 2026
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62.623(1)(1) Beginning on July 1, 2011, in any employee retirement system of a 1st class city, except as otherwise provided in a collective bargaining agreement entered into under subch. IV of ch. 111 and except as provided in subs. (2) and (3) employees shall pay all employee required contributions for funding benefits under the retirement system. The employer may not pay on behalf of an employee any of the employee’s share of the required contributions.
62.623(2)(a)(a) An employer shall pay, on behalf of a nonrepresented law enforcement or fire fighting managerial employee, who was initially employed by the employer before July 1, 2011, the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before July 1, 2011.
62.623(2)(b)(b) An employer shall pay, on behalf of a represented law enforcement or fire fighting employee, who was initially employed by the employer before July 1, 2011, and who on or after July 1, 2011, became employed in a nonrepresented law enforcement or fire fighting managerial position with the employer, or a successor employer in the event of a combined department that is created on or after July 1, 2011, the same contributions required by sub. (1) that are paid by the employer for represented law enforcement or fire fighting personnel who were initially employed by the employer before July 1, 2011.
62.623(3)(3) In any employee retirement system of a 1st class city that is located in a county with a population of more than 750,000 and that has elected to become a participating employer in the Wisconsin Retirement System under s. 40.21 (1), except as otherwise provided in sub. (2), irrespective of the funding status of the retirement system, the employer shall pay the remaining balance of actuarially determined normal cost contributions each year that is not covered by the employee contributions.
62.623 AnnotationThis section concerns a matter of primarily statewide concern and, accordingly, survives the plaintiffs’ home rule challenge under article XI, section 3 (1), of the Wisconsin Constitution. Madison Teachers, Inc. v. Walker, 2014 WI 99, 358 Wis. 2d 1, 851 N.W.2d 337, 12-2067.
62.623 AnnotationThis section does not violate the contract clause, article I, section 12, of the Wisconsin Constitution. Nothing in 2011 Wis. Act 10 purports to reduce, impair, or affect in any way benefits that have already accrued to plan members. This section modifies only the method by which the Milwaukee Employes’ Retirement System is funded; the pension, disability, and death benefits that accrue to plan members pursuant to the terms and conditions in the Milwaukee retirement system ordinance remain unaffected. Madison Teachers, Inc. v. Walker, 2014 WI 99, 358 Wis. 2d 1, 851 N.W.2d 337, 12-2067.
Notes of Decisions
Cited in 3
cases, 2013–2018 · leading case: Madison Teachers, Inc. v. Scott Walker, 2014 WI 99 (Wis. 2014).
Madison Teachers, Inc. v. Scott Walker, 2014 WI 99 (Wis. 2014). “The plaintiffs also challenged Wis. Stat. § 62.623 (2011-12),2 a separate provision created by Act 10, which prohibits the City of Milwaukee from paying the employee share of contributions to the City of 2 All subsequent references to the Wisconsin Statutes are to the 2011-12…”
Milwaukee Police Ass'n v. City of Milwaukee, 914 N.W.2d 597 (Wis. 2018). “Furthermore, the delegation of authority to the City in regard to the ERS was specifically limited by the legislature's 1947 enactment.”
Madison Teachers, Inc. v. Scott Walker, 2013 WI 91 (Wis. 2013). “70(4)(d)3 violate the Wisconsin and United States Constitution, and Wis. Stat. § 62.623 violates the Wisconsin Constitution and all [sic] null and void.”
— Wis. Stat. § 62.623(1) — 1 case
Madison Teachers, Inc. v. Scott Walker, 2014 WI 99 (Wis. 2014). “The plaintiffs also challenged Wis. Stat. § 62.623 (2011-12),2 a separate provision created by Act 10, which prohibits the City of Milwaukee from paying the employee share of contributions to the City of 2 All subsequent references to the Wisconsin Statutes are to the 2011-12…”
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