Wyo. Code R. 072-0004-1
Volunteer Firefighter, EMT and Search and Rescue Plan
Chapter 1: General Provisions
Effective Date: 08/01/2000 to 10/11/2009
Rule Type: Superceded Rules & Regulations
Reference Number: 072.0004.1.08012000
Section 1. Authority. The Volunteer Firemen's Pension Board, pursuant to Section 35-461.11, Wyoming Statutes 1957, as amended is authorized to make rules and regulations.
Section 2. Definitions. The following definitions shall prevail in these rules:
'Volunteer Fireman.' 'Volunteer Fireman' means any individual who devotes less than his entire time of employment, but is carried on the rolls of a regularly constituted volunteer fire department, the members of which some are volunteer. The volunteer fireman must attend 50% of the volunteer fire department monthly meetings. Payment of compensation of service as actually rendered by enrolled volunteers does not take them out of this classification. Any individual who volunteers assistance but is not regularly enrolled as a fireman is not a volunteer within the meaning of this act (35-9-601 through 35-9-615)
'Volunteer Fire Department.' 'Volunteer Fire Department' means a duly constituted and organized volunteer fire fighting unit, with some members that are volunteers. The volunteer fire department must hold monthly meetings to conduct business and training, and has a constitution and by-laws.
'Entry Age.' 'Entry Age' is construed to mean the age at the last birthday, as of the first day of the month in which the fireman effectively enrolls in the pension plan and for which he makes the required actuarially determined contributions. (Section 1 (f), Session Laws of Wyoming 1967, Section 35-461.1 (f).)
'Retirement Age.' 'Retirement Age' shall mean that age at which a participant retires and receives benefits from the fund. In no case shall a member retire before he reaches his sixtieth birthday and receive benefits from the fund.
a. In cases where the retirement age set forth in the table of benefits established in Section 35-461.8(d), Wyoming Statutes, 1957, as amended, provides for retirement benefits payable at ages above sixty-five years, the amounts payable under said the table of benefits, for said retirement ages above sixty-five years, shall be multiplied by a percentage, which will be arrived at by dividing the number of years of actual participation by a member prior to his sixty-fifth birthday by the number of years of participation required by the statutory table for the entry age of said member. The product of said multiplication shall be the amount paid to any member who elects to retire at the age of sixty-five or older, but prior to his normal retirement age under the table.
b. In cases where a member elects to receive pension benefits after his sixty-sixth birthday, but prior to the retirement age corresponding to his entry age in the statutory table, the formula described in (i) hereof shall be utilized to determine the actual amounts payable upon retirement to said member.
c. In cases where a member is receiving a pension, no contribution shall be made by said member or in his behalf.
Section 3.1. Determining Total Service Application. Service prior to May 20, 1967, may be included in determining the total service even though no contribution was made as provided for in Section 3.2 of these Rules. In the event a member is called for active duty in the armed forces of the United States or in the Wyoming National Guard, he will be permitted to continue making payments, regardless of the number of years of service (Section 11(a), Chapter 229, Session Laws of Wyoming 1967, Section 35-461.11, Wyoming Statutes 1957.)
Section 3.2. Actuarially Determined Contributions Made by a Fireman. A fireman eligible for membership in the plan as of May 20, 1967, or one who later becomes eligible by becoming a member of a regularly constituted volunteer fire department shall be entitled to make a lump-sum payment to the fund in an amount actuarially determined, for the purpose of receiving credit under the pension plan for actual service as a volunteer fireman in Wyoming prior to enrollment in the pension plan. Provided however, the service shall be multiples of one year and shall not exceed the total service as a bonafide volunteer fireman. The entry age of a fireman who exercises this option shall be his age at his last birthday as of the first day of the month of the earliest month for which such actuarially determined contribution is received. (Section 5 and 6, Chapter 229, Session Laws of Wyoming 1967, Sections 35-461.5 and 35-461.6, Wyoming Statutes 1957.)
Section 3.3. Continuance of Monthly Pension Payments after Retiring from Active Service. A participating member of the pension plan, who became a member after February 5, 1993, may be permitted to continue making payments to the plan after terminating membership as a volunteer fireman, if he has at least ten (10) years of contributions to the pension plan for service as a volunteer fireman in Wyoming.
If a volunteer fireman terminates membership prior to the ten (10) year minimum, he will not be allowed to continue making payments to the plan. His benefit, if he does not take a refund, will be a percentage of the amount provided at the retirement age corresponding to his entry age as set forth in the table under W.S. 35-9-608 (d). The percentage amount will be calculated by subtracting the member's entry age from the corresponding retirement age as set forth in the table, and dividing that figure into the member's years of service.
Section 3.4. Continuance of Monthly Pension Payments after Retiring from Active Service due to Disability. A participating member of the pension plan may be permitted to continue making payments to the plan after terminating membership as a volunteer fireman if his termination of membership as a volunteer fireman in his local department is due to disability which prevents his actively continuing as an enrolled member of the fire department.
Section 3.5. Applications to Continue Monthly Pension Plan Payments. An application to continue monthly pension plan payments shall be submitted in a form prepared by the Board. It shall be supported by the certificate of at least one medical doctor attesting to the disability of the applicant to continue to perform an active role as a member of the volunteer fire department. The board, at its discretion, may require supporting documentation from more than one medical doctor before it approves the application.
Section 4. Meeting to be Open to the Public Board Meetings; requirements; types and frequency. All meetings of the Volunteer Firemen's Pension Board are public meetings at all times except when said agency is in executive session. No action of the board shall be taken except during the public meeting, following notice of the meeting in accordance with the provisions of these regulations. All public meetings shall be subject to the provisions of Section 9-692.10 through Section 9-692.16, Wyoming Statutes 1957, Cum. Supp W.S. 16-4-401 through 16-4-407.
Section 4.1. Regular meetings of the Board. The Volunteer Firemen's Pension board shall have a regular annual meeting which will be called immediately preceding commencement of the annual convention of the Wyoming State Firemen's Association.
Section 4.2. Special Meetings of the Board. Special meetings may be called by the chairman of the board by giving notice of the meeting to each member of the board and to the United Press International and Associated Press, without regard to demand and to each newspaper of general circulation, radio or television station requesting such notice. The notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at a special meeting.
Section 4.3. Emergency Meetings of the Board. The Volunteer Firemen's Pension board may hold an emergency meeting on matters of serious immediate concern to take temporary action without notice. Reasonable efforts must be made to offer public notice. All action taken at such meeting is of temporary nature and, in order to become permanent, must be reconsidered and acted upon at an open public meeting within forty-eight hours.