ORIGINAL SENATE ENGROSSED

FILE NO. 0026

ENROLLED ACT NO. 49, SENATE

FIFTY-SIXTH LEGISLATURE OF THE STATE OF WYOMING

2001 GENERAL SESSION

AN ACT relating to the Wyoming State Highway Patrol, Game
and Fish Warden and Criminal Investigator Retirement Act;
defining terms; clarifying contribution refunds;
authorizing redeposit payments for withdrawn contributions;
providing for the purchase of service credits; providing
for the designation of a custodian for retirement monies;
specifying application to existing employees; and providing
for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 9-3-602(a) by creating new paragraphs
(xiv) and (xv) and by amending and renumbering (xiv) as
(xvi), 9-3-617 and 9-3-618 are amended to read:

9-3-602. Definitions.

(a) As used in this article:

(xiv) "Service credit" means the credit earned
by an employee for benefits and benefits payable under the
retirement program. Service credit is earned on the basis
of actual years of employment for an employer subject to
this article under rules adopted by the board under W.S.
9-3-609;

(xv) "Public law enforcement agency" means a
public agency having police power, charged with enforcing
state criminal statutes or municipal ordinances and
employing law enforcement personnel qualified pursuant to
W.S. 9-1-701 through 9-1-707;

(xiv)(xvi) "This act" or "this article" means
W.S. 9-3-602 9-3-601 through 9-3-620.

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9-3-617. Refund of contributions upon termination of
employment; redeposit of withdrawn contributions; purchase
of service credits.

(a) Except as provided in subsection (c) of this
section, any employee covered by this article who
terminates his employment and elects not to continue to be
covered by the retirement program is entitled to a refund
of his contributions together with the regular rate of
interest specified by the retirement board. Refunds may be
made only upon written request to the board. Any employee
who withdraws from the retirement program under this
subsection shall forfeit all rights to further benefits,
employer contributions and service credit under this
article.

(b) Any employee who later returns to service covered
under this article may redeposit the amount of the
contributions withdrawn, in lump sum, together with regular
interest, and upon earning not less than two (2) years
service credit, may reestablish his service credits as of
the time of withdrawal of his contributions. Any redeposit
payment pursuant to this subsection shall be made not later
than seven (7) years following the date of reemployment or
prior to retirement, whichever first occurs.

(c) No employee is entitled to a refund of any
contributions if he is employed for a salary by an employer
subject to this article.

(d) Any employee may elect to purchase up to five (5)
years of service credit for full-time employment in law
enforcement which is performed for another state or
political subdivision of another state, the federal
government or for any public law enforcement agency in
Wyoming if the employee does not vest in any retirement

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plan of the agency for which the prior service being
purchased was earned. Any employee electing to purchase
service credit shall pay into the account a single lump-sum
amount equal to the actuarial equivalent of the benefits to
be derived from the service credit computed on the basis of
actuarial assumptions approved by the board and the
individual's attained age and average salary for the
highest three (3) continuous years of covered service.
Service credit purchased under this subsection shall not be
used to determine vested eligibility to receive benefits
under this article.

9-3-618. Disposition of funds; designated custodian
of monies.

Funds accruing to the retirement program under this article
shall be commingled with all money on deposit with the
state treasurer in the Wyoming retirement fund. The board
may designate the state treasurer is or a custodial bank
approved by the state treasurer as the custodian of the
monies and shall administer them in accordance with W.S.
9-3-424.

Section 2. Notwithstanding W.S. 9-3-617(b), as
amended under Section 1 of this act, any contributing
member of the Wyoming State Highway Patrol, Game and Fish
Warden and Criminal Investigator Retirement Act as of July
1, 2001, who is eligible for reestablishing service credit
under W.S. 9-3-617(b), shall make the redeposit payment
required by W.S. 9-3-617(b) not later than July 1, 2008.
Failure to make the required payment on or before July 1,
2008, shall result in forfeiture of any right to
reestablish service credit in accordance with W.S.
9-3-617(b).

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Section 3.  This act is effective July 1, 2001.

(END)

Speaker of the House President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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