Wyo. Code R. 007-0001-3
General Agency, Board or Commission Rules
Chapter 3: Educational Assistance Plan
Effective Date: 12/20/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 007.0001.3.12202023
Section 1. Authority. These rules are promulgated by authority of Wyoming Statutes 19-9-501 through 19-9-504(b).
Section 2. Purpose. The Wyoming National Guard Educational Assistance Plan (Educational Assistance Plan) provides conditional educational tuition assistance to qualified members of the Wyoming National Guard and/or their dependent. The plan is established to provide higher educational opportunities to qualified guard members and/or their dependent while providing an incentive to individuals to initiate or extend their service in the Wyoming National Guard.
(a) 'Active' means a Wyoming National Guard member who is in active drilling status with no bars to reenlistment; this does not include inactive reserve time.
(b) 'Administrator' means a group, individual, or person designated by the Adjutant General to administer the plan.
(c) 'Mandatory fees' are those fees that are mandatory for all students as defined by the institution.
(d) 'Member' means an active, in good standing, member of the Wyoming National Guard.
(e) 'Plan member' means a qualified participant in the Wyoming National Guard Education Assistance Plan.
(f) 'Standards for satisfactory participation in the active Wyoming National Guard' means meeting requirements of the Wyoming Army or Air National guard as defined by appropriate regulations.
(g) 'Tuition' means the amount up to but not exceeding the in-state figure published annually by the institution attended by the member.
(a) The Adjutant General is the final authority in administering the Educational Assistance Plan.
(b) The Adjutant General shall appoint an administrator who is responsible for the daily operation of the Educational Assistance Plan. The duties of the administrator shall include, but are not limited to:
(i) Processing all applications for educational assistance;
(ii) Determining the amount, if any, of educational assistance to be provided to the member;
(iii) Notifying the member of the amount of educational assistance;
(iv) Requesting required funds from the Adjutant General to pay educational institutions;
(v) Providing reports as requested by the Adjutant General; and
(vi) Determining the amount to be repaid by any plan member in accordance with W.S. 19-9-504(a) and promptly notifying the plan member in writing of the repayment amount due.
Section 5. Application Process. Any member of the Wyoming National Guard may apply for educational assistance from the Wyoming National Guard Educational Assistance Plan by submitting a completed application packet to the administrator. The application packet shall contain all requested information, including but not limited to:
(a) Applicant Information Sheet completed by the member;
(b) Certificate of Eligibility or Verification Statement approved by the member's commander or official unit representative;
(c) Agreement to Terms and Conditions form signed by the member; and
(d) Waiver approval by the Adjutant General for use of the program prior to completion of Basic Military Training or Officer Training, if applicable.
(e) Initial dependent application must include a Transfer of Benefit form.
Section 6. Limitation of Benefits.
(a) Payment of benefits under the plan is subject to the availability of funds. However, the following limitations shall apply:
(i) For authorized courses at an approved Wyoming public institution of higher education, payment may be made for up to the full cost of resident tuition and mandatory fees
(ii) For authorized courses at a Wyoming private institution of higher education, payment may be made for the lesser of the actual costs of resident tuition and mandatory fees or an amount equal to the average resident tuition and mandatory fee charges of all Wyoming public institutions of higher education for an undergraduate student enrolled for twelve (12) semester hours.
(b) If a member is enrolled less than full time, payment will be made on a proportional basis for up to the full cost of resident tuition and mandatory fees; and
(c) The Educational Assistance Plan may be used by the member to complete up to two (2) degrees. The member may also choose to transfer the benefit of one (1) of these degrees to an eligible DEERS dependent.
(i) The Educational Assistance Plan will not be transferred to a dependent who is current member of the Wyoming National Guard.
(ii) The member must continue to serve in the Wyoming National Guard during any period that the dependent uses the transferred Educational Assistance Plan.
(iii) Each degree program is subject to the limitations listed in accordance with W.S. 19-9-504 (a).
(iv) If a dependent has not begun an eligible degree program or educational objective using the transferred benefit, the dependent may return the benefit to the member.
(a) All plan members are subject to repayment of benefits to the State of Wyoming General Fund in accordance with W.S. 19-9-504(a).
(b) The full amount of any repayment shall be immediately due upon the occurrence of any event requiring repayment by the plan member in accordance with W.S. 19-9-504(a) and notification to the plan member by the administrator.
(c) The plan member may petition the Adjutant General in writing for a reduction or waiver of repayment or for a scheduled repayment of benefits, or both. The Adjutant General, at his or her sole discretion, may allow a waiver of benefit repayment due to:
(i) Death or incapacity of the plan member; or
(ii) Extenuating circumstances where extreme hardship and good cause are shown.
(d) Plan repayment shall not exceed a period of four years from the date of notification of repayment by the administrator.