HB0327 - Retirement system-salary definition.
2001 |
State of Wyoming |
01LSO-0547.E1 ENGROSSED |
HOUSE BILL NO. HB0327
Retirement system-salary definition.
Sponsored by: Representative(s) Nagel, Cohee and
Senator(s) Devin and Larson
A BILL
for
1 AN ACT relating to the
Wyoming retirement system; providing
2
definitions; specifying payments to be included in highest
3
average salary calculation; authorizing contributions to
4
both the Wyoming retirement system and to an institution's
5
retirement plan as specified; specifying applicability; and
6
providing for an effective date.
7
8 Be It Enacted by the Legislature of the State of Wyoming:
9
10 Section 1. W.S. 9-3-402(a)(vii)(A)(II),
(xvi), (xix)
11 and by creating new paragraphs (xxv)
through (xxvii),
12 9-3-417(b)(intro), 9-3-418 by
creating a new subsection (e)
13 and 21-19-102(b) and (d) are amended
to read:
14
15 9-3-402. Definitions.
16
Page 1
1 (a) As used in this article:
2
3 (vii) "Member",
except as provided by W.S.
4
9-3-405(a)(ii), means and includes any full-time or regular
5
part-time employee of an employer, including substitute
6
teachers if treated by the employer as regular, part-time
7
employees, but "member" does not mean:
8
9 (A) An employee who is compensated:
10
11 (II) On a fee
basis, provided this
12 subdivision shall not apply to an employee who is a
13 contributing member of the system on the basis of other
14 cash remuneration earned from an employer.
15
16 (xvi) "Salary"
means the cash remuneration paid
17 to a member in a calendar year any
continuous twelve (12)
18 month period, including employee contributions
required by
19 W.S. 9-3-412 and including member
contributions paid by the
20 employer under a salary reduction
arrangement under W.S.
21 9-3-412(c). "Salary" taken
into account for a member shall
22 not exceed the amount specified
under section 401(a)(17) of
23 the United States Internal Revenue
Code;
24
Page 2
1 (xix) "Highest
average salary", except as
2 otherwise provided in W.S. 9-3-418,
means the average
3
annual salary of a member for the highest paid three (3)
4
continuous years of service;
5
6 (xxv) "Base
salary" means the annual cash
7 remuneration paid to a member for
performing the specific
8 duties for which the member was hired,
including annual or
9 other increases normally given to all
employees or to all
10 employees of any identifiable group or groups of employees
11 of the same employer, payments based on years of service in
12 accordance with a formalized employer longevity payment
13 schedule and increases associated with a verifiable
14 promotion, but "base salary" does not mean or
include
15 payments for performing supplemental duties, bonus
16 payments, early retirement incentive payments, severance
17 pay, disability or other insurance premiums or benefit
18 payments, or any fringe benefits of any kind including, but
19 not limited to, transportation allowances, housing
20 allowances, payments for unused sick, personal or vacation
21 leave or any payments received by a member in lieu of
22 previously employer-paid fringe benefits;
23
Page 3
1 (xxvi) "Year"
means any consecutive twelve (12)
2 month period;
3
4 (xxvii) "Supplemental
duties" means any duties
5 other than the specific duties for
which the employee was
6 hired or for which a supplemental or
separate contract is
7 executed between the employer and the
employee and
8 includes, but is not limited to,
special assignments or
9 projects, summer school, extension
classes, coaching or
10 extra curricular assignments, overtime and part-time
11 service for a different member employer.
12
13 9-3-417. Determination of eligibility
for retirement;
14 board to determine equivalent of year of
service; credit
15 for military service.
16
17 (b) The board
shall determine and adopt appropriate
18 rules and regulations defining how
much service in any year
19 is the equivalent of one (1) year of
service, but in no
20 case shall it allow credit for more
than one (1) year of
21 service for all service rendered
within one (1) calendar 22 year. In addition, part-time employment shall be
credited
23 as follows, with eighty-six (86) or
more hours per month
24 considered full-time employment:
Page 4
1
2 9-3-418. Amount of service retirement benefit.
3
4 (e) If any member
demonstrates a consistent pattern
5 of performing supplemental duties, the
full salary earned
6 for such supplemental duties shall be
included in the
7 calculation of the member's highest
average salary. Any
8 payment not deemed to be base salary
or any salary earned
9 for supplemental duties performed
during any three (3) year
10 period of a member's working career and used in the
11 calculation of that member's highest average salary, unless
12 demonstrated to the board's satisfaction to be part of a
13 consistent pattern of performing supplemental duties, shall
14 not exceed fifteen percent (15%) of the member's base
15 salary. As used in this subsection, "consistent pattern
of
16 performing supplemental duties" means that during a
17 member's covered employment, the member has performed
18 supplemental duties during each of twelve (12) years during
19 any consecutive fifteen (15) year period, or during each of
20 seven (7) years during any consecutive eight (8) year
21 period, or during each year if covered employment is less
22 than eight (8) years.
23
Page 5
1 21-19-102. Authorization of
supplemental retirement
2 plan;
conditions for participation.
3
4 (b) Except for
participation on and after January 1,
5
1994, pursuant to subsection (d) of this section, any
6
employee who is initially employed by an institution after
7
June 30, 1985, shall elect to participate in either the
8
institution's retirement plan or the Wyoming retirement
9
system but shall not participate in any manner in both
10 retirement plans, except as otherwise provided by
11 subsection (d) of this section.
12
13 (d) Prior to
January 1, 1994, any employee of an
14 institution shall elect to
participate in either the
15 retirement plan offered by the
employing institution or the
16 Wyoming retirement system. Each
employee shall prior to
17 January 1, 1994, provide written
notice to the employing
18 institution and the Wyoming
retirement board of his
19 election under this subsection. If an employee fails to
20 notify the employing institution
which retirement plan he
21 selects, the institution shall
notify the retirement board
22 of this omission and the retirement
board shall serve
23 notice on the employee by registered
mail return receipt
24 requested that participation in the
retirement system shall
Page 6
1 be
cancelled effective January 1, 1994.
All retirement
2
contributions made on and after January 1, 1994 by any
3
employee pursuant to an election under this
subsection or
4 subsection (b) of this section,
together with matching
5
employer contributions on his behalf, shall be made to the
6
elected plan, provided any such contributions
in excess of
7 those allowable under the Wyoming
Retirement Act for
8 members of the Wyoming retirement
system may be made to the
9 institution's retirement plan. An election pursuant to
10 this subsection is irrevocable
during the remainder of an
11 employee's working career as a
public employee.
12
13 Section
2. Contributions paid on any salary in excess
14 of the base salary prior to the
effective date of this act
15 shall be accepted for benefit
calculation purposes as
16 specified by W.S. 9-3-418(e).
17
18 Section 3. This act is effective April 1, 2001.
19
20 (END)
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