Wyo. Code R. 007-0001-5
General Agency, Board or Commission Rules
Chapter 5: Wyoming First Responder Fund
Effective Date: 03/21/2018 to Current
Rule Type: Current Rules & Regulations
Reference Number: 007.0001.5.03212018
Section 1 Authority. These rules are promulgated by authority of Wyoming Statute 19-11-115(f).
Section 2. Purpose. The Wyoming First Responder Fund (“Fund”) provides payment of employer and employee contributions for any public or private retirement or pension system plan, not to exceed five thousand dollars ($5,000.00) per person per year, if the payment is permitted by the Internal Revenue Code. These rules specifically establish the method to apply for funds from the First Responder Fund for persons specified in W.S. 19-11-155(e) and (f) and a method for pro-rata payment of funds when there are insufficient funds to cover all eligible applicants.
Section 3. Implementation. The Adjutant General, or his designee, is permitted to exercise discretion in administering these rules. Moreover, the Adjutant General, and his designees, possess discretion to waive the requirements set forth herein that are not specifically established by statute.
(a) A person is eligible to apply for and receive funds from the fund if he or she is:
(i) Any person whose primary occupation is a first responder and who is called or ordered into federal service of the United States under Title 10 of the United States Code. A “first responder” is an individual who, in the initial stages of an incident, is responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers, emergency management, public health, public safety, clinical care, public works, and other skilled support personnel that provide immediate support services during prevention, response, and recovery operations; and
(ii) A resident of the State of Wyoming. Residency shall be determined by the “Home of Record” on the Title 10 order (which is the federal document that is used to call or order a person into federal service in any state).
(b) An employee of the federal government or the State of Wyoming is not eligible for contributions from the Fund. This program is not intended to reimburse the federal government for its decisions or reimburse employees of the State of Wyoming who have direct agency appropriations to pay for the benefit through an Executive Order of the Governor.
(a) Applicants may apply for funds from the Fund by submitting a completed application packet that contains the following:
(i) An application for Fund;
(ii) A Release of Information form; and
(iii) An Affidavit of Employment signed by employer;
(iv) Title 10 orders calling the applicant into federal service;
(v) DD Form 214, 215 or NGB 22 to prove honorable military service for the period of the orders; and
(vi) Non-state retirement plan participants shall submit the following additional documents:
(A) Pertinent cover sheet and excerpt of assigned emergency response plan;
(B) State of Wyoming WOLFS 109(a), for the retirement fund;
(C) Current statement from retirement accounts(s); and
(D) Letter from employer itemizing monthly employee and employer contribution amounts that would have been paid if the employee had not been put on Title 10 orders, or, were paid during the period of time the employee was on Title 10 orders.
(b) Send application packets to: Wyoming Military Department, Attn: State Military Affairs Division, 5410 Bishop Blvd., Cheyenne, WY 82009.
(c) Once the application packet and supporting materials have been received and reviewed, the Adjutant General or his designee will notify the applicant if he/she is eligible for funds and the amount of the award.
(d) The amount of any award is at the sole discretion of the Adjutant General.
(a) Employer and employee contributions for any public or private retirement or pension system plan, not to exceed five thousand dollars ($5,000.00) per person per year from the first date of eligibility, may be paid by the Adjutant General if the payment is permitted by the Internal Revenue Code. Payment shall be made upon termination of Title 10 orders. The contributions shall be applied at the percentage which the employer and employee would have contributed to their plan during the period of deployment, had the employee not deployed.
(b) Over payments or incorrect payments shall be reimbursed by the responsible party to the Fund within 30 days of notification.
Section 7. Proration of Payments. If the amount in the Fund is limited, the following priority will be followed in making payments:
(a) Available funds will be paid to eligible first responders who apply in accordance with Section 5, on a “first come, first serve” basis until the funds are exhausted.
(b) If a group of eligible first responders apply at approximately the same time and the funds available are insufficient to provide contributions to all applicants, then the available funds will be provided on a pro-rata basis by dividing the total amount of the funds available by the total of claims made to determine the contribution percentage for each applicant. Once funds are exhausted, no other applications will be considered until such time as the Fund is replenished, if ever.