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RETIRED TEACHERS ASS'N v. EMPLOYE TRUST

No. 94-0712.

195 Wis.2d 1001 (1995)

537 N.W.2d 400

(88 CV 4062) WISCONSIN RETIRED TEACHERS ASSOCIATION, INC., Conan S. Edwards, Donald G. McCloskey, Margaret McCabe, Martha M. Schmidt and Mary Grace Jeffery, Plaintiffs-Respondents-Cross-Appellants, WISCONSIN EDUCATION ASSOCIATION COUNCIL By Its President, James Blank, Richard Collins, David Camplin, Phillip Dowling and Michael Zemplinski, Individuals, Intervening Plaintiffs-Respondents-Cross-Appellants, v. EMPLOYE TRUST FUNDS BOARD, Paul Adamski, David J. Anderson, Constance P. Beck, Gale Duschak, Joann Elder, Stephen Frankel, Vincent Graham, Marvin Grosskreutz, William F. Kienzle, Barbara A. Monroe, James R. Klauser, Secretary of the Wisconsin Department of Administration, Gary Gates, Secretary of the Department of Employe Trust Funds and Charles P. Smith, State Treasurer, Defendants-Appellants-Cross-Respondents. (88 CV 1070) STATE ENGINEERING ASSOCIATION, By Its Board of Directors, Bernard E. Kranz, Melvin B. Sensenbrenner, Robert W. Schaefer, Jerry A. Sieling, Roger A. Bohn, James A. Andreshak, Steven Noel, Ronald S. Hett, William E. Sheppard, Richard Feeney, James B. Rice, Robert S. Merila, Thomas F. Dobson, Richard M. Story, Nile A. Ostenso (who are also plaintiffs in their individual capacities), and Charles W. Newhouse and the Association of Career Executives, and its President James S. Thiel (who is also a plaintiff in his individual capacity), Plaintiffs-Respondents-Cross-Appellants, WISCONSIN EDUCATION ASSOCIATION COUNCIL By Its President James Blank, Richard Collins, David Camplin, Philip Dowling and Michael Zemplinski, Individuals, Intervening Plaintiffs-Respondents-Cross-Appellants, v. EMPLOYE TRUST FUNDS BOARD, Paul Adamski, David J. Anderson, Constance P. Beck, Gale Duschak, Joann Elder, Stephen Frankel, Vincent Graham, Marvin Grosskreutz, William F. Kienzle, Barbara A. Monroe, James J. Murphy, Donald Smart, Mark Stone, Kenneth Stelzig, Curtis Thomas, Marilyn Wigdahl, the Department of Employe Trust Funds and its Secretary, Gary I. Gates, Defendants-Appellants-Cross-Respondents, James R. KLAUSER, Secretary of the Wisconsin Department of Administration, and Charles P. Smith, State Treasurer, Defendants-Co-Appellants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided July 20, 1995.

Attorney(s) appearing for the Case

For the defendants-appellants-cross-respondents the cause was submitted on the briefs of Thomas M. Pyper of Whyte, Hirschboeck & Dudek, S.C. of Madison, and Peter L. Gardon of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Madison. There was oral argument by Peter L. Gardon.

For the defendants-co-appellants-cross-respondents the cause was submitted on the briefs ofArvid A. Sather and Ann Ustad Smith of Michael, Best & Friedrich of Madison. There was oral argument by Ann Ustad Smith.

For the intervening plaintiffs-respondents-crossappellants the cause was submitted on the briefs of Chris Galinat, Bruce Meredith and Anthony L. Sheehan for Wisconsin Education Association Council. There was oral argument by Bruce Meredith.

For the plaintiffs-respondents-cross-appellants, Wisconsin Retired Teachers Association, Inc., the cause was submitted on the briefs of John W. Calhoun, John H. Bowers and Kent I. Carnell of Lawton & Cates of Madison. There was oral argument by John W. Calhoun.

For the plaintiffs-respondents-cross-appellants, State Engineering Association, the cause was submitted on the briefs of William Haus and Michael E. Banks of Kelly and Haus of Madison. There was oral argument by William Haus.

Amicus Curiae brief was filed by Betsy J. Abramson of Coalition of Wisconsin Aging Groups — Elder Law Center, and Mary Ellen Signorille of American Association of Retired Persons.

Before Eich, C.J., Gartzke, P.J., and Vergeront, J.

VERGERONT, J.

This class action challenges the constitutionality of legislation1 concerning the Wisconsin Retirement System (WRS), the retirement system for public employees. Under the legislation, earnings on the WRS trust fund assets of certain annuitants are used to pay supplemental benefits that are not a commitment of the WRS trust fund. Only annuitants who retired prior to October 1,...

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