SF0080 - Retirement-EMT pension fund.

2001

State of Wyoming

01LSO-0387

SENATE FILE NO. SF0080

Retirement-EMT pension fund.

Sponsored by: Senator(s) Geis

A BILL

for

1 AN ACT relating to emergency medical technicians; creating
2 a volunteer emergency medical technician pension fund as
3 specified; providing for administration; providing an
4 appropriation as specified; and providing for an effective
5 date.

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

9 Section 1. W.S. 35-28-101 through 35-28-113 are
10 created to read:

12 CHAPTER 28

13 VOLUNTEER EMERGENCY MEDICAL TECHNICIAN PENSION FUND

15 35-28-101. Definitions.

17 (a) As used in this act:

Page 1

2 (i) "Board" means the volunteer emergency
3 medical technician (EMT) pension board established by this
4 chapter;

6 (ii) "Children" means all natural children and
7 adoptive children of the participating member, born or
8 conceived at the time of his death or retirement;

10 (iii) "Emergency medical technician" or "EMT"
11 means as defined by W.S. 33-36-102(a)(x) who devotes less
12 than his entire time of employment to serving as a
13 volunteer EMT;

15 (iv) "Entry age" means the earliest date from
16 which contributions have been regularly received by the
17 fund for the participating member;

19 (v) "Fund" means the volunteer emergency medical
20 technician (EMT) pension account within the trust and
21 agency fund established by W.S. 35-28-102;

23 (vi) "Participating member" means any volunteer
24 EMT for whom payments are received by the volunteer

Page 2

1 emergency medical technician pension fund as prescribed in
2 W.S. 35-28-107(e);

4 (vii) "Spouse" means the lawful spouse of a
5 participating member who was married to the volunteer EMT
6 at the time of the volunteer EMT's entry into the fund, or
7 who although married after the date of entry, is recognized
8 as the spouse covered by the benefits of the fund as a
9 result of special action of the board.

11 35-28-102. Fund account created; administration;
12 disbursements from account.

14 (a) The volunteer emergency medical technician
15 pension account within the trust and agency fund is
16 created. All awards, benefits and pensions established
17 under this chapter shall be paid from the fund account.

19 (b) The fund account established under subsection (a)
20 of this section shall be controlled by the board and
21 administered by the director of the Wyoming retirement
22 system. All expenses of administration shall be paid by the
23 fund. Disbursements from the fund shall be made only on
24 duly authorized vouchers signed by the retirement system

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1 director in his capacity as chairman of the board and any
2 member of the board, and presented to the state auditor for
3 payment.

5 35-28-103. Biennial audit; state's liability.

7 (a) The director of the state department of audit or
8 his designee shall make a biennial audit of the fund
9 account established under W.S. 35-28-102 and shall report
10 audit findings to the board and the governor.

12 (b) The fund account created by W.S. 35-28-102 shall
13 be administered without liability on the part of the state
14 beyond the amount of the funds available to the fund
15 account.

17 35-28-104. Authority to receive donations; investment
18 of monies; employment of actuary; actuarial reports.

20 (a) In addition to contributions from the state, the
21 board may receive and credit to the fund any gifts,
22 donations and other contributions made by individuals,
23 organizations and cities, towns and counties for the
24 benefit of the fund. The board may invest monies within the

Page 4

1 fund not immediately necessary to pay benefits, awards or
2 pensions under this chapter, in investments authorized
3 under W.S. 9-3-408(b).

5 (b) The board shall employ a consulting actuary to
6 review the fund at least once every four (4) years to
7 determine its solvency and to make recommendations as to
8 revisions and modifications of the plan. The board may
9 employ legal and other consultants as necessary. Actuarial
10 reports are public records and available for inspection by
11 all participating members of the fund.

13 35-28-105. Contributions by volunteer EMTs;
14 collection; dual participation prohibited.

16 (a) Participating volunteer emergency medical
17 technicians shall pay to the fund the amount required under
18 W.S. 35-28-107(e). Payments shall be collected upon terms
19 and conditions established by the board under W.S.
20 35-28-107(e) and shall be forwarded by each collecting
21 officer to the state retirement director for deposit in the
22 fund.

Page 5

1 (b) No member of the volunteer firemen's pension fund
2 established under W.S. 35-9-601 through 35-9-615 shall be
3 eligible for membership in the fund created by this
4 chapter.

6 35-25-106. Contributions by cities, towns or
7 counties.

9 In addition to any other amounts appropriated to the fund
10 and to reduce the expense to participating volunteer
11 emergency medical technicians, each city, town or county
12 utilizing volunteer emergency medical technicians may upon
13 a resolution passed by its governing body, pay all or a
14 portion of or may match the contribution required to be
15 paid by a participating volunteer emergency medical
16 technician to the fund. Any contribution by a local
17 governing body under this section shall be entirely
18 voluntary and may be entered into at the discretion of the
19 local governing body as an incentive to improve emergency
20 medical services.

22 35-28-107. Benefits enumerated; death of participant
23 or spouse; amount and payment of contributions; withdrawal
24 from plan.

Page 6

2 (a) For any participating member attaining the
3 retirement age corresponding to his entry age as specified
4 under subsection (d) of this section, the board shall
5 authorize a monthly payment to the member during his
6 remaining lifetime of an amount equal to the member's
7 pension benefit corresponding to his entry age as
8 prescribed under subsection (d) of this section.

10 (b) Upon the death of any participating member, the
11 board shall authorize a monthly payment to the surviving
12 spouse of the member during the spouse's remaining lifetime
13 of an amount equal to the surviving spouse's benefit
14 corresponding to the entry age of the member as specified
15 under subsection (d) of this section.

17 (c) Upon the death of the last survivor of any
18 participating member and his spouse, with children who have
19 not attained the age of twenty-one (21) years at the time
20 of death, the board shall authorize a monthly payment to
21 the lawful guardian of each child of an amount equal to the
22 children's benefit corresponding to the entry age of the
23 member as specified under subsection (d) of this section.

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1 (d) The following prescribes the member's pension
2 benefit, surviving spouse's benefit and children's benefit
3 for all entry ages. The amounts specified in this
4 subsection are applicable to members participating at a
5 contribution rate equal to twelve dollars and fifty cents
6 ($12.50) per month:

8 Age at

9 Entry

10 Into Ret. Member Spouse Children

11 Plan Age Pension Benefit Benefit

13 15 60 583.74 389.16 194.58

14 16 60 568.56 379.04 189.52

15 17 60 553.38 368.92 184.46

16 18 60 538.20 358.80 179.40

17 19 60 523.02 348.68 174.34

18 20 60 507.84 338.56 169.28

19 21 60 492.66 328.44 164.22

20 22 60 477.48 318.32 159.16

21 23 60 462.30 308.20 154.10

22 24 60 447.12 298.08 149.04

23 25 60 431.25 287.50 143.75

24 26 60 416.76 277.84 138.92

Page 8

1 27 60 401.58 267.72 133.86

2 28 60 386.40 257.60 128.80

3 29 60 371.22 247.48 123.74

4 30 60 356.04 237.36 118.68

5 31 60 340.86 227.24 113.62

6 32 60 325.68 217.12 108.56

7 33 60 310.50 207.00 103.50

8 34 60 295.32 196.88 98.44

9 35 60 280.14 186.76 93.38

10 36 60 269.10 179.40 89.70

11 37 60 258.06 172.04 86.02

12 38 60 247.02 164.68 82.34

13 39 60 235.98 157.32 78.66

14 40 60 224.94 149.96 74.98

15 41 60 213.90 142.60 71.30

16 42 60 202.86 135.24 67.62

17 43 60 191.82 127.88 63.94

18 44 60 180.78 120.52 60.26

19 45 60 169.74 113.16 56.58

20 46 61 169.74 113.16 56.58

21 47 61 162.84 108.56 54.28

22 48 62 162.84 108.56 54.28

23 49 62 155.94 103.96 51.98

24 50 63 155.94 103.96 51.98

Page 9

1 51 63 149.04 99.36 49.68

2 52 64 149.04 99.36 49.68

3 53 64 142.14 94.76 47.38

4 54 65 142.14 94.76 47.38

5 55 65 135.24 90.16 45.08

6 56 66 135.24 90.16 45.08

7 57 66 128.34 85.56 42.78

8 58 67 128.34 85.56 42.78

9 59 67 121.44 80.96 40.48

10 60 68 121.44 80.96 40.48

11 61 68 114.54 76.36 38.18

12 62 69 114.54 76.36 38.18

13 63 69 107.64 71.76 35.88

14 64 70 107.64 71.76 35.88

15 65 70 100.74 67.16 33.58

17 (e) A volunteer emergency medical technician is a
18 participating member under this chapter for each month a
19 contribution of twelve dollars and fifty cents ($12.50) is
20 made by or on behalf of the member. For purposes of
21 eligibility for benefits under subsections (b), (c) and (g)
22 of this section, a volunteer emergency medical technician
23 is a participating member beginning the first month
24 following the month in which the required monthly payment

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1 and any required application for participation is actually
2 received by the Wyoming retirement system. To continue as a
3 participating member, subsequent monthly payments shall be
4 received by the Wyoming retirement system not later than
5 three (3) months following the close of the calendar month
6 for which the payments are applicable. With the consent of
7 and upon any terms and conditions established by the board,
8 payments may be accepted at an earlier or later date. The
9 board shall maintain full and complete records of the
10 contributions made on behalf of each participating member
11 and on request, shall furnish any participating member a
12 statement of the contribution amounts and the dates for
13 which contributions were received. On the death or
14 retirement of any participating member, his entry age shall
15 be determined by the board to be the earliest date from
16 which contributions for the member have been continuously
17 received by the board. If contributions have varied in
18 amount, the board may make appropriate adjustments in the
19 benefits awarded. In making any adjustment, the board shall
20 be guided by actuarial practice to afford substantial
21 equity to members of the plan. No penalty shall be imposed
22 upon any participating member transferring employment in
23 Wyoming if required payments are made on a timely basis.

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1 (f) A participating member may withdraw from the plan
2 and upon withdrawal, shall be paid an amount equal to the
3 amount contributed into his account together with interest
4 at the rate of three percent (3%) per annum compounded
5 annually.

7 (g) Upon the death of any participating member, a
8 death benefit shall be paid in the following manner and
9 amount:

11 (i) A lump-sum payment of five thousand dollars
12 ($5,000.00) to the estate of a deceased member who is
13 survived by no person eligible for a benefit under
14 subsection (b) or (c) of this section;

16 (ii) If the deceased member is survived by a
17 spouse who is eligible to receive a benefit under
18 subsection (b) of this section, an amount equal to five
19 thousand dollars ($5,000.00) less the total amount of
20 benefits received under subsection (b) of this section, to
21 the estate of the spouse at the death of the spouse unless
22 the spouse is survived by a person eligible to receive a
23 benefit under subsection (c) of this section;

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1 (iii) If a deceased member or that member's
2 spouse is survived by a person or persons eligible for the
3 benefit provided by subsection (c) of this section, an
4 amount equal to five thousand dollars ($5,000.00) less the
5 total amount of benefits received under subsections (b) and
6 (c) of this section by all beneficiaries, paid in equal
7 shares to each of the children living on the date on which
8 the youngest reaches age twenty-one (21).

10 (h) Retired members and their survivors shall receive
11 any benefit increases provided in subsection (d) of this
12 section.

14 (j) The board shall authorize benefit payments from
15 the fund in accordance with qualified domestic relations
16 orders pursuant to W.S. 9-3-426.

18 35-28-108. Death benefits in addition to other
19 benefits.

21 Death benefits received under this chapter shall be in
22 addition to and are payable after the application of
23 workmen's compensation benefits which are payable to

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1 volunteer emergency medical technicians under the Wyoming
2 Worker's Compensation Act.

4 35-28-109. Board; established; nomination;
5 appointment; terms and qualification of members.

7 (a) The volunteer emergency medical technician
8 pension board is created. The board shall administer the
9 fund.

11 (b) The board shall consist of six (6) members who
12 shall be appointed by the governor for staggered terms of
13 three (3) years. The nominees shall be volunteer emergency
14 medical technicians who have a minimum of five (5) years
15 service as volunteer EMTs in the state. The governor may
16 remove any board member as provided in W.S. 9-1-202.

18 35-28-110. Board; chairman; compensation of members;
19 powers and duties.

21 (a) The director of the Wyoming retirement system
22 shall act as an ex officio chairman of the board and shall
23 have a vote.

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1 (b) Members of the board shall serve without
2 compensation, but actual and reasonable expenses incurred
3 by members for attending meetings and representing the
4 board shall be reimbursed from the fund.

6 (c) The board may:

8 (i) Adjust claims made by participating members
9 under this chapter and may waive or alter specific
10 requirements relating to benefits under this chapter, but
11 shall not have authority to make a general increase in
12 benefits;

14 (ii) Make rules and regulations governing its
15 operation;

17 (iii) Investigate claim applications, conduct
18 hearings, receive evidence and otherwise act in a quasi-
19 judicial capacity;

21 (iv) In special cases, permit any participating
22 member to retire from active service within his department
23 while continuing monthly pension payments until reaching
24 retirement age under this chapter;

Page 15

2 (v) Permit the suspension of payments in certain
3 cases deemed appropriate by the board, with a commensurate
4 reduction in benefits paid under this chapter.

6 35-28-111. Board; hearings; appeals.

8 (a) The board shall provide a written transcript of
9 all testimony received at any hearing conducted by the
10 board and shall provide opportunity for hearing to any
11 person petitioning the board for a hearing with or without
12 counsel or witnesses. The board shall provide petitioners
13 the power to subpoena witnesses to testify in their behalf.
14 The taking of evidence shall be summary, giving a full
15 opportunity to all parties to develop the facts fully.

17 (b) The decision of the board upon hearing is a final
18 administrative decision and is subject to judicial review
19 in accordance with the Wyoming Administrative Procedure
20 Act.

22 35-28-112. Insurance on members.

Page 16

1 The board may purchase insurance on any member covered by
2 the fund if in its discretion, it is in the best interest
3 of the fund.

5 35-28-113. Adjustment of benefits in case of
6 impairment of funds.

8 If at any time the net assets of the fund become
9 actuarially impaired, the board may adjust the benefits
10 provided pro rata until the impairment is removed.

12 Section 2. Notwithstanding W.S. 35-28-109 created
13 under section 1 of this act, initial members of the
14 volunteer emergency medical technician pension board may be
15 appointed to initial terms of less than three (3) years to
16 enable staggered terms as required under W.S. 35-28-109.

18 Section 3. For purposes of this act, four hundred
19 eighty-nine thousand one hundred dollars ($489,100.00) is
20 appropriated from the general fund to the volunteer
21 emergency medical technician pension fund account
22 established by W.S. 35-28-102, as created under section 1
23 of this act. Any amounts appropriated from the state for
24 the pension fund account shall be repaid at such time and

Page 17

1 in such manner as determined by the volunteer emergency
2 medical technician pension board to maintain the actuarial
3 soundness of the pension fund account.

5 Section 4. This act is effective July 1, 2001.

7 (END)

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