Wyo. Code R. 053-0018-30
Chapter 30: Effect of Receipt of Vacation Pay/Term/Allow/Ret Pension/Annuity Etc.
Effective Date: 08/05/1999 to 11/01/2001
Rule Type: Superceded Rules & Regulations
Reference Number: 053.0018.30.08051999
Section 1. Vacation Pay, Severance Pay, Sick Pay, Termination Allowance, Retirement Annuities, Pensions or Other Such Payments. When a claimant receives vacation pay, sick pay, severance pay, termination allowance, retirement annuities, pensions or other such payments in a lump sum single payment, that payment shall be allocated to a particular week or weeks for purposes of W.S. 27-3-313(a)(ii) and (v) disqualification by dividing the lump sum payment by the average weekly rate of pay (excluding overtime over forty hours) earned by the claimant during the most recent four weeks of full-time or part-time work for that employer. If the payment is made on a weekly, monthly, or other periodic basis, it shall be so allocated. A monthly payment shall be allocated to weeks in the month by dividing it by 4.333. The allocation shall begin with the day following the claimant's termination from the employer making the payment regardless of when it is actually paid. If the Division has received inadequate information, the allocation shall begin with the week in which the payment was received. Severance pay, vacation pay, sick pay or termination allowance, if wages, may be allocated in this manner for purposes of determining eligibility under W.S. 27-3-306(d). The allocation provided for herein shall not affect the employer's liability for payment of contributions on such vacation pay, severance pay, sick pay or termination allowance, nor the manner or due date of such contribution payment.
Section 2. Combined Retirement and Severance Pay. In the case of a payment that is both, or contains elements of retirement, pension, and severance pay, such payment or payments shall be allocated for purposes of W.S. 27-3-313(a) in the same manner as retirement pensions under Chapter 30, Section 1, of these regulations.
If the claimant receives both a severance payment under W.S. 27-3-313(a)(ii) and a retirement annuity or pension under W.S. 27-3-313(a)(v), each payment shall be independently allocated as provided herein. The total amount of both payments a claimant receives for a particular week shall be deducted from his weekly benefit amount for that week, as provided in W.S. 27-3-313(a)(ii) and (v).