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

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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.

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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

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