HB0327 - Retirement system-salary definition.
|
2001 |
State of Wyoming |
01LSO-0547 |
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; specifying means of resolving
4
salary questions or disputes; authorizing contributions to
5
both the Wyoming retirement system and to an institution's
6 retirement
plan as specified; specifying applicability; and
7
providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S. 9-3-402(a)(vii)(A)(II),
(xvi), (xix)
12 and by creating new paragraphs (xxv)
through (xxvii),
13 9-3-417(b)(intro), 9-3-418 by
creating new subsections (e)
14 and (f) and 21-19-102(b) and (d) are
amended to read:
15
16 9-3-402. Definitions.
Page 1
1
2 (a) As used in this article:
3
4 (vii) "Member",
except as provided by W.S.
5 9-3-405(a)(ii),
means and includes any full-time or regular
6
part-time employee of an employer, including substitute
7
teachers if treated by the employer as regular, part-time
8
employees, but "member" does not mean:
9
10 (A) An employee who is compensated:
11
12 (II) On a fee
basis, provided this
13 subdivision
shall not apply to an employee who is a
14 contributing
member of the system on the basis of other
15 cash
remuneration earned from an employer.
16
17 (xvi) "Salary"
means the cash remuneration paid
18 to a member in a
calendar year any continuous twelve (12)
19 month period,
including employee contributions required by
20 W.S. 9-3-412 and including member
contributions paid by the
21 employer under a salary reduction
arrangement under W.S.
22 9-3-412(c). "Salary" taken into
account for a member shall
23 not exceed the amount specified under
section 401(a)(17) of
24 the United States Internal Revenue Code;
Page 2
1
2 (xix) "Highest
average salary", except as
3 otherwise provided in W.S. 9-3-418,
means the average
4 annual
salary of a member for the highest paid three (3)
5 continuous
years of service;
6
7 (xxv) "Base
salary" means the annual cash
8 remuneration paid to a member for
performing the specific
9 duties for which the member was hired,
including annual or
10 other
increases normally given to all employees or to all
11 employees
of any identifiable group or groups of employees
12 of
the same employer, payments based on years of service in
13 accordance
with a formalized employer longevity payment
14 schedule
and increases associated with a verifiable
15 promotion,
but "base salary" does not mean or include
16 payments
for performing supplemental duties, bonus
17 payments,
early retirement incentive payments, severance
18 pay,
disability or other insurance premiums or benefit
19 payments,
or any fringe benefits of any kind including, but
20 not
limited to, transportation allowances, housing
21 allowances,
payments for unused sick, personal or vacation
22 leave
or any payments received by a member in lieu of
23 previously
employer-paid fringe benefits;
24
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
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 (f) In case of any
question or dispute concerning the
2 interpretation of salary, highest
average salary, base
3 salary or the amount thereof to be
included in any benefit
4 determination under this section, the
system's
5 interpretation shall prevail.
6
7 21-19-102. Authorization of
supplemental retirement
8 plan; conditions for
participation.
9
10 (b) Except for
participation on and after January 1,
11 1994, pursuant to subsection (d) of this
section, any
12 employee who is initially employed by an
institution after
13 June 30, 1985, shall elect to participate in
either the
14 institution's retirement plan or the Wyoming
retirement
15 system but shall not participate in any
manner in both
16 retirement plans,
except as otherwise provided by
17 subsection (d) of
this section.
18
19 (d) Prior to
January 1, 1994, any employee of an
20 institution shall elect to participate in
either the
21 retirement plan offered by the employing
institution or the
22 Wyoming retirement system. Each employee
shall prior to
23 January 1, 1994, provide written notice to
the employing
24 institution and the Wyoming retirement board
of his
Page 6
1
election under this subsection.
If an employee fails to
2 notify
the employing institution which retirement plan he
3
selects, the institution shall notify the retirement board
4 of
this omission and the retirement board shall serve
5
notice on the employee by registered mail return receipt
6
requested that participation in the retirement system shall
7 be
cancelled effective January 1, 1994.
All retirement
8
contributions made on and after January 1, 1994 by any
9
employee pursuant to an election under this
subsection or
10 subsection (b) of
this section, together with matching
11 employer contributions on his behalf, shall
be made to the
12 elected plan,
provided any such contributions in excess of
13 those allowable
under the Wyoming Retirement Act for
14 members of the
Wyoming retirement system may be made to the
15 institution's
retirement plan. An election
pursuant to
16 this subsection is irrevocable during the
remainder of an
17 employee's working career as a public
employee.
18
19 Section
2. Contributions paid on any salary in excess
20 of the base salary prior to the effective
date of this act
21 shall be accepted for benefit calculation
purposes as
22 specified by W.S. 9-3-418(e).
23
Page 7
1 Section 3. This act is effective April 1, 2001.
2
3 (END)
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