VOLUNTEER FIREMEN’S PENSION BOARD RULES

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. The Volunteer Firemen’s Pension Board, pursuant to W.S. 35-9-611(a), is authorized to make rules and regulations.

Section 2. Definitions.

1. (a) As used in this chapter:

   1. (i) “Board” means the Volunteer Firemen’s Pension Board established by W.S. 35-9-610;
   2. (ii) “Volunteer Fireman” means any individual who devotes less than his entire time of employment to, but is carried on the rolls of, a regularly constituted volunteer fire department, all or some of the members of which are volunteer. The volunteer fireman must attend fifty percent (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 W.S. 35-9-601 through 35-9-615 and these rules.

   3. (iii) “Volunteer Fire Department” means a duly constituted and organized volunteer fire fighting unit, which:

      1. (A) Has all or some of the members who are volunteers.
      2. (B) Is recognized by the appropriate local government with jurisdiction of the area the unit services;
      3. (C) Must hold monthly meetings to conduct business and training; and
      4. (D) Operates under duly adopted by-laws.
   4. (iv) “Entry Age” means 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 deter- mined contributions;
   5. (v) “Payment” or “monthly payment” means the monthly contribution to the Volunteer Firemen’s Pension Fund established by W.S. 35-9-602 and required by or on behalf of participating mem- bers as defined in W.S. 35-9-601(b);
   6. (vi) “Retirement Age” means that age, but in no case less than age sixty (60), at which a participating member retires and receives benefits from the fund;
   7. (vii) “Table” means the table of pension benefits and corresponding entry and retirement ages established in W.S. 9-3-608(d).

Section 3. Retirement age over 65.

1. (a) In cases where the retirement age set forth in the table provides for retirement benefits payable at ages above sixty-five (65) years, the amounts payable pursuant to the table, for retirement ages above sixty-five (65) years, shall be multiplied by a percentage, which will be determined by dividing the number of years of actual participation by a member by the number of years of participation required by the table for the entry age of the member. The product of this calculation shall be the amount paid to any member who elects to retire at age sixty-five (65) or older, but prior to his normal retirement age under the table.
2. (b) In cases where a member is receiving a pension, no contribution shall be made by the member or in his behalf.

Section 4. Service Credit and Continuing Payments; Application.

1. (a) Service prior to May 20, 1967, may be included in determining the total service even though no contribution was made as provided for in subsection (b) of this section. If 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.

2. (b) 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 may 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.

   Any service credit purchase under this subsection shall be in 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.

3. (c) A participating member of the pension plan, who became a member after December 1, 1992, may be permitted to continue making payments to the plan after terminating membership as a volunteer fireman, if he has at least fifteen (15) years of contributions to the pension fund for service as a volunteer fireman in Wyoming. If avolunteer fireman terminates membership prior to the fifteen (15)-year mini- mum, 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. The percentage amount will be determined by using the same calculation specified in

Section 3. (a) of this chapter.

1. (d) 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 volun- teer fireman is due to disability which prevents his actively continuing as an enrolled member of the fire department. Any application for continuing payment under this subsection shall be supported by the cer- tificate of at least one medical doctor attesting to the applicant’s disability and inability to continue to perform an active role as a member of a volunteer fire department. The Board may require supporting documentation from more than one medical doctor before it approves or denies the application.
2. (e) An application to continue monthly pension plan payments pursuant to this section shall be submitted in a form approved by the Board.

Section 5. Board Meetings; requirements; types and frequency.

1. (a) All Board meetings are public meetings at all times except when the Board is in executive session. The Board shall not take any action except during the public meeting, following notice of the meeting in accordance with these rules. All public meetings are subject to the provisions of W.S. 16-4-401 through 16-4-407.
2. (b) The 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.
3. (c) The Board may meet at such other times as the chairman of the Board directs or upon request of majority of Board members.
4. (d) Except as otherwise provided in subsection (e) of this section, not less than ten (10) days prior to the meeting, a notice of the time, date, location and purpose of each Board meeting shall be mailed to each Board member, to both the Wyoming Tribune-Eagle and the Casper Star-Tribune and to any person who has requested notification. A notice shall also be conspicuously posted in the entrance to the Wyo- ming Retirement System Offices.
5. (e) The Board may hold an emergency meeting on matters of serious immediate concern to take temporary action without public notice. All action taken at an emergency 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 of the time such action was taken.