Wyo. Code R. 072-0004-1
Volunteer Firefighter, EMT and Search and Rescue Plan
Chapter 1: General Provisions
Effective Date: 06/06/2014 to 02/16/2016
Rule Type: Repealed Rules & Regulations
Reference Number: 072.0004.1.06062014
Chapter 1
GENERAL PROVISIONS
Section 1. Authority. This Chapter is promulgated under the authority of W.S. § 35-9-611.
Section 2. Retirement Age. "Retirement age" means the age at which a participating member retires from active service as a volunteer fireman and is eligible to receive retirement benefits from the Volunteer Firemen's Pension Fund ("Fund"), pursuant to the table of benefits articulated in W.S. § 35-9-608.
(a) A member shall not be eligible for a retirement benefit prior to obtaining retirement age. (b) Any member who ceases contributions prior to obtaining retirement age shall be required to withdraw those contributions and interest, regardless of years of service. (c) A member who enters the Fund at an age that exceeds the highest entry age depicted in the table of benefits must make contributions for a minimum of five (5) continuous years in order to become eligible for a retirement benefit. The member's benefit upon retirement shall equate to the benefit amount of the highest entry age and retirement age depicted in the table of benefits.
Section 3. Service.
(a) Military Service. In accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. 4301, and the Wyoming Military Service Relief Act (WMSRA), W.S. § 19-11-101 through W.S. § 19-11-124, any participating member called to active duty in the armed forces of the United States or in the Wyoming National Guard shall not be required to withdraw from the Fund during periods of active military service.
(i) Any participating member may elect to continue to make the required contributions to the Fund during a period of active military service. The member shall notify the volunteer fire department of his election to continue to make the required contributions at the time he enters active military service and make arrangements to submit timely contributions. The department shall remit the contributions to the retirement system with the regular monthly member contributions.
(ii) Any participating member who elects not to make pension contributions during a period of active military service shall be permitted to make a lump-sum payment to the Fund for the purpose of receiving creditable service in the retirement system covering the period of the member's active military service. Upon such payment, the member shall be credited as though no break in service occurred. Payment under this section shall only be authorized following the member's notice to a duly constituted volunteer fire department in Wyoming of the member's intent to rejoin the active roles of the department. Notice of intent to return to the active roles of a department shall be made within the timeframes stipulated in W.S. § 19-11-111(e) of WMSRA. Any member that does not rejoin the regular rolls of a duly constituted volunteer fire department in Wyoming following return from active military service must withdraw from the Fund in accordance with these rules.
(A) USERRA authorizes lump-sum payments made pursuant to this section to be made during time periods beginning with the date the member rejoins the regular roles of a duly constituted volunteer fire department in Wyoming following active military service and ending not more than three times the period of the member's active military service. Any payment to the Fund made during a time frame described in this paragraph shall be an amount equal to the employee contributions that would have been paid had the member continued regular contributions to the Fund, without interest.
(B) WMSRA authorizes lump-sum payments made pursuant to this section to be made within five (5) years of the date the member rejoins the regular roles of a duly constituted volunteer fire department in Wyoming following active military service. Any payment to the Fund made after the expiration of the time period authorized by USERRA and prior to the time frame described in this paragraph shall be an amount equal to the make-up employee contributions, together with interest.
(b) Service Purchase. Any member shall be entitled to make a lump-sum payment, in an actuarially determined amount, for the purpose of receiving service credit for actual service as a volunteer fireman in Wyoming prior to enrollment, or re-enrollment, in the Fund. Service purchased pursuant to this section shall not exceed the total actual service as a bona fide volunteer fireman in Wyoming prior to the member's enrollment, or re-enrollment, in the Fund. The entry age of a member who exercises this option shall reflect the service purchase.
(c) Continuation of Contributions Following Termination of Active Service. Any member who has contributed to the Fund for at least ten (10) consecutive years and who terminates active service as a volunteer fireman shall be permitted to continue contributing to the Fund until the member obtains retirement age. Any member who has not contributed to the Fund for at least ten (10) consecutive years and who terminates active service as a volunteer fireman shall not be eligible to continue contributing to the Fund and shall be required to withdraw those contributions and interest in accordance with these rules. A member who terminates active service as a volunteer fireman is one who is no longer carried on the regular rolls of any volunteer fire department which participates in the Fund.
(d) Withdrawal. Any member who, for any reason, ceases contributions prior to obtaining retirement age shall be required to contact the Wyoming Retirement System and withdraw from the Fund. A member who withdraws from the Fund shall be paid a distribution of the accumulated contributions and interest in the member's account. Members shall have three (3) months from the close of the first calendar month for which contributions have not been received by the Fund to make appropriate payments. An account for which appropriate payments have not been received within that time frame shall be deemed delinquent. No interest shall accrue on delinquent accounts. An account that remains delinquent for nine (9) months shall be closed and the associated funds shall be absorbed by the Fund. A member whose account was closed pursuant to these rules who subsequently re-enrolls in the Fund shall be entitled to a refund equal to the amount that was absorbed by the Fund upon the closing of the account. A re-enrolled member shall be entitled to a service purchase in accordance with these rules covering the period of prior participation in the Fund.
(e) Termination of Active Service due to Disability. The Board may permit a disabled member to continue contributing to the Fund if termination is due to disability, regardless of the member's years of service. Application for disability shall be made to the Board and supported by at least one medical doctor attesting that the member's disability prevents the member from continuing to serve as an active volunteer fireman.
(a) Board Meetings. Board meetings shall be held at least annually according to a schedule adopted by the Board. All Board meetings are subject to the Wyoming Public Meetings Act, W.S. §§ 16-4-401 through 16-4-408.
(b) Department Meetings. Volunteer fire departments shall maintain a regular meeting schedule to conduct business and training. In order to maintain membership in the Fund, a member shall attend at least fifty (50) percent, and in no case less than six (6), of the regularly scheduled department meetings during a calendar year. All members carried on the regular rolls of a duly constituted volunteer fire department must adhere to this requirement.
(a) Notice. Any member adversely affected by a decision of the Board may appeal the decision by filing a written notice of appeal with the Board within thirty (30) days of the decision. The written notice shall articulate the member's name and address, the specific decision to be appealed, a clear statement of the facts on which the appeal is based and the specific relief sought by the member.
(b) Appeal. Upon appeal, a hearing will be scheduled in accordance with the Office of Administrative Hearings Rules, Chapter 2, Contested Case Proceedings, edition May 7, 2008, hereby incorporated by reference. The incorporated material does not include any later amendments or editions. The material may be inspected, copied at cost, or obtained at the Wyoming Retirement System, 6101 Yellowstone Road, Suite 500, Cheyenne, Wyoming 82002. A decision by the Board following appeal is a final agency decision subject to judicial review.
(i) All public records in the custody of the Wyoming Retirement System ("System") are subject to the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205, and shall be open for inspection by any person at reasonable times, except as otherwise provided by law or as provided herein. All public records requests shall be made in writing. The request shall contain the name and a description of the record sought.
(ii) All public records responsive to the request shall be made available for inspection at the System during regular business hours and in the presence of a System staff member.
(iii) Upon request, photocopies of the public record shall be produced at the cost of twenty-five cents ($0.25) per page, with a minimum charge of one dollar ($1.00), plus required postage. Fees under this section are payable in advance.
(b) Member Account Records. The member account records maintained by the System are privileged and confidential and shall not be disclosed to any third parties, except where the System has received written authorization from the individual whose records are being requested or a court order directs the System to make the records available for inspection or release. Member account records provided under this Section shall be subject to applicable charges authorized by this Chapter.