ORIGINAL HOUSE
BILL NO. 0206
ENROLLED ACT NO.
25, HOUSE OF REPRESENTATIVES
FIFTY-SIXTH
LEGISLATURE OF THE STATE OF WYOMING
2001
GENERAL SESSION
AN ACT relating to firemen
retirement; prohibiting
participation in
paid and volunteer firemen's retirement
for service
within the same fire department; providing an
exception for
existing members; and providing for an
effective date.
Be It Enacted
by the Legislature of the State of Wyoming:
Section 1. W.S. 15-5-202 by
creating a new subsection
(d), 15-5-419 and 35-9-602 are amended to read:
15-5-202. Pension account; creation;
administration;
donations;
investment; dual participation prohibited.
(d) No paid fireman
shall participate as a member of
the firemen's pension
account established under this
article and as a
member of the volunteer firemen's pension
fund established under
W.S. 35-9-601 through 35-9-615 if
Page 1
participation is based upon covered service with the same
fire department.
15-5-419. Dual membership prohibited.
(a) Any
employee hired before July 1, 1981 is covered
by the pension system
specified in W.S. 15-5-201 through
15-5-209 unless he
elects to become a member pursuant to
W.S. 15-5-418. Any
employee hired on or subsequent to July
1, 1981 is covered by
the pension system specified in this
article. No employee
may be covered by the pension systems
of both W.S. 15-5-201
through 15-5-209 and this article.
(b) No paid employee
shall participate as a member of
the firemen's pension
system established under this article
and as a member of the
volunteer firemen's pension fund
established under W.S.
35-9-601 through 35-9-615 if
participation is based
upon covered service with the same
fire department.
35-9-602. Fund account created;
administration;
disbursements
from account; dual participation prohibited.
(a) There is
hereby established a volunteer firemen's
pension account within
the trust and agency fund from which
the awards, benefits,
and pensions established under the
provisions of this act W.S. 35-9-601
through 35-9-615 shall
be paid. The funds
shall be controlled by the Wyoming
volunteer firemen's pension
board and administered by the
director of the
Wyoming retirement system. All expenses of
administration shall
be paid by the fund. Disbursements
from the fund shall be
made only on duly authorized
vouchers signed by the
director of the retirement account
within the trust and
agency fund in his capacity as
chairman of the board
and any member of the board, and
presented to the state
auditor for payment.
(b) No volunteer
fireman shall participate as a
member of the
volunteer firemen's pension fund established
under W.S. 35-9-601
through 35-9-615 and as a member of the
firemen's pension
account under W.S. 15-5-201 through
15-5-209 or 15-5-401
through 15-5-422 if participation is
based upon covered
service for the same fire department.
Section 2. This act shall
not apply to any person who
prior to the effective
date of this act, participated in
the firemen's pension
system established under W.S.
15-5-201 through 15-5-209
or 15-5-401 through 15-5-422 and
pursuant to rule and
regulation of the volunteer firemen's
pension board,
participated as a vested member of the
volunteer firemen's
pension fund under W.S. 35-9-601
through 35-9-615.
Page 2
Section 3. This
act is effective immediately upon
completion of all acts
necessary for a bill to become law
as provided by Article
4, Section 8 of the Wyoming
Constitution.
(END)
Speaker of
the House President of
the Senate
Governor
TIME APPROVED: _________
DATE APPROVED: _________
I hereby certify that this
act originated in the House.
Chief Clerk
Page 3