HB0327 - Retirement system-salary definition.

 

2001

State of Wyoming

01LSO-0547.E1

ENGROSSED

 

 

 

HOUSE BILL NO.  HB0327

 

 

Retirement system-salary definition.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to the Wyoming retirement system; providing
 2  definitions; specifying payments to be included in highest
 3  average salary calculation; authorizing contributions to
 4  both the Wyoming retirement system and to an institution's
 5  retirement plan as specified; specifying applicability; and
 6  providing for an effective date.

 7 

 8  Be It Enacted by the Legislature of the State of Wyoming:

 9 

10         Section 1.  W.S. 9-3-402(a)(vii)(A)(II), (xvi), (xix)
11  and by creating new paragraphs (xxv) through (xxvii),
12  9-3-417(b)(intro), 9-3-418 by creating a new subsection (e)
13  and 21-19-102(b) and (d) are amended to read:

14 

15         9-3-402.  Definitions.

16 

 

Page  1

 

 

 

 1         (a)  As used in this article:

 2 

 3              (vii)  "Member", except as provided by W.S.
 4  9-3-405(a)(ii), means and includes any full-time or regular
 5  part-time employee of an employer, including substitute
 6  teachers if treated by the employer as regular, part-time
 7  employees, but "member" does not mean:

 8 

 9                   (A)  An employee who is compensated:

10 

11                         (II)  On a fee basis, provided this
12  subdivision shall not apply to an employee who is a
13  contributing member of the system on the basis of other
14  cash remuneration earned from an employer.

15 

16              (xvi)  "Salary" means the cash remuneration paid
17  to a member in a calendar year any continuous twelve (12)
18  month period, including employee contributions required by
19  W.S. 9-3-412 and including member contributions paid by the
20  employer under a salary reduction arrangement under W.S.
21  9-3-412(c). "Salary" taken into account for a member shall
22  not exceed the amount specified under section 401(a)(17) of
23  the United States Internal Revenue Code;

24 

 

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 1              (xix)  "Highest average salary", except as
 2  otherwise provided in W.S. 9-3-418, means the average
 3  annual salary of a member for the highest paid three (3)
 4  continuous years of service;

 5 

 6              (xxv)  "Base salary" means the annual cash
 7  remuneration paid to a member for performing the specific
 8  duties for which the member was hired, including annual or
 9  other increases normally given to all employees or to all
10  employees of any identifiable group or groups of employees
11  of the same employer, payments based on years of service in
12  accordance with a formalized employer longevity payment
13  schedule and increases associated with a verifiable
14  promotion, but "base salary" does not mean or include
15  payments for performing supplemental duties, bonus
16  payments, early retirement incentive payments, severance
17  pay, disability or other insurance premiums or benefit
18  payments, or any fringe benefits of any kind including, but
19  not limited to, transportation allowances, housing
20  allowances, payments for unused sick, personal or vacation
21  leave or any payments received by a member in lieu of
22  previously employer-paid fringe benefits;

23 

 

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 1              (xxvi)  "Year" means any consecutive twelve (12)
 2  month period;

 3 

 4              (xxvii)  "Supplemental duties" means any duties
 5  other than the specific duties for which the employee was
 6  hired or for which a supplemental or separate contract is
 7  executed between the employer and the employee and
 8  includes, but is not limited to, special assignments or
 9  projects, summer school, extension classes, coaching or
10  extra curricular assignments, overtime and part-time
11  service for a different member employer.

12 

13         9-3-417.  Determination of eligibility for retirement;
14  board to determine equivalent of year of service; credit
15  for military service.

16 

17         (b)  The board shall determine and adopt appropriate
18  rules and regulations defining how much service in any year
19  is the equivalent of one (1) year of service, but in no
20  case shall it allow credit for more than one (1) year of
21  service for all service rendered within one (1) calendar
22  year.  In addition, part-time employment shall be credited
23  as follows, with eighty-six (86) or more hours per month
24  considered full-time employment:

 

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 1 

 2         9-3-418.  Amount of service retirement benefit.

 3 

 4         (e)  If any member demonstrates a consistent pattern
 5  of performing supplemental duties, the full salary earned
 6  for such supplemental duties shall be included in the
 7  calculation of the member's highest average salary.  Any
 8  payment not deemed to be base salary or any salary earned
 9  for supplemental duties performed during any three (3) year
10  period of a member's working career and used in the
11  calculation of that member's highest average salary, unless
12  demonstrated to the board's satisfaction to be part of a
13  consistent pattern of performing supplemental duties, shall
14  not exceed fifteen percent (15%) of the member's base
15  salary. As used in this subsection, "consistent pattern of
16  performing supplemental duties" means that during a
17  member's covered employment, the member has performed
18  supplemental duties during each of twelve (12) years during
19  any consecutive fifteen (15) year period, or during each of
20  seven (7) years during any consecutive eight (8) year
21  period, or during each year if covered employment is less
22  than eight (8) years.

23 

 

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 1         21-19-102.  Authorization of supplemental retirement
 2  plan; conditions for participation.

 3 

 4         (b)  Except for participation on and after January 1,
 5  1994, pursuant to subsection (d) of this section, any
 6  employee who is initially employed by an institution after
 7  June 30, 1985, shall elect to participate in either the
 8  institution's retirement plan or the Wyoming retirement
 9  system but shall not participate in any manner in both
10  retirement plans, except as otherwise provided by
11  subsection (d) of this section.

12 

13         (d)  Prior to January 1, 1994, any employee of an
14  institution shall elect to participate in either the
15  retirement plan offered by the employing institution or the
16  Wyoming retirement system. Each employee shall prior to
17  January 1, 1994, provide written notice to the employing
18  institution and the Wyoming retirement board of his
19  election under this subsection.  If an employee fails to
20  notify the employing institution which retirement plan he
21  selects, the institution shall notify the retirement board
22  of this omission and the retirement board shall serve
23  notice on the employee by registered mail return receipt
24  requested that participation in the retirement system shall

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 1  be cancelled effective January 1, 1994.  All retirement
 2  contributions made on and after January 1, 1994 by any
 3  employee pursuant to an election under this subsection or
 4  subsection (b) of this section, together with matching
 5  employer contributions on his behalf, shall be made to the
 6  elected plan, provided any such contributions in excess of
 7  those allowable under the Wyoming Retirement Act for
 8  members of the Wyoming retirement system may be made to the
 9  institution's retirement plan.  An election pursuant to
10  this subsection is irrevocable during the remainder of an
11  employee's working career as a public employee.

12 

13         Section 2.  Contributions paid on any salary in excess
14  of the base salary prior to the effective date of this act
15  shall be accepted for benefit calculation purposes as
16  specified by W.S. 9-3-418(e).

17 

18         Section 3.  This act is effective April 1, 2001.

19 

20                         (END)

 

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