Administrative Rule Review Report #AR08-024
Legislative Service Office
12-Mar-08
AGENCY: Adjutant General's Office.
DATE SUBMITTED: March 11, 2008.
SUBJECT: Chapter 4, Wyoming National Guard Servicemembers Group Life Insurance (SGLI) Premium Assistance Plan.
NATURE OF RULES: Legislative and Procedural.
STATUTORY AUTHORITY: W.S. 19-9-601.
DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION
SUBMITTED BY THE AGENCY TO LSO: Apparently complete to date.
SUMMARY OF RULES:
Chapter 4 of the Rules and Regulations of the Wyoming Military Department is promulgated for the administration, implementation and proper utilization of the Wyoming National Guard Servicemembers Group Life Insurance (SGLI) Premium Assistance Plan ("the Plan") pursuant to W.S. 19-9-601 through 19-9-603. The following summarizes the new Chapter 4 by section.
Sections 1 and 2 state the authority and the purpose for the promulgation of Chapter 4. Section 3 (Plan Implementation) states that the Adjutant General of the State of Wyoming shall fully implement the intent of the legislature in enacting the Plan, shall administer the Plan to fully utilize all appropriated funds and the Adjutant General is the final authority in administering the Plan. The Adjutant General, or his designee, may "exercise wide latitude of good faith discretion in administering the rules" contained in Chapter 4 and may waive the requirements contained therein except the "qualified member" requirement set forth in Section 4. The Deputy Director of the Wyoming Military Department is designated as the "paying authority" for all premium reimbursements and may authorize payment of premiums for qualified members no later than May 1. The Deputy Director may also determine the prorated amount of premium reimbursements under the Plan if the legislative appropriation is not sufficient to reimburse the full premiums of all qualified members and may audit the application of a service member for qualification requirements and completeness.
Section 4 (Qualified Members) lists the requirements for service member qualifications for reimbursement including: completion of basic training or officer training; meeting the standards for satisfactory participation in the Wyoming National Guard at the beginning and throughout the entire term for which the premium is reimbursed; and commitment through an enlistment contract or other written agreement to membership in the active Wyoming National Guard for not less than six (6) years, including initial enlistment and any previous contract or contracts.
Section 5 (Application Process) specifies the information that shall be included on the forms for members qualified for reimbursement under the Plan, including: name, address, phone number and social security number for each qualified member; the total amount of SGLI reimbursement for each member for the previous calendar year (the reimbursement shall not include an amount that has been or will be reimbursed by the federal government); and all of the requirements for a "qualifying member" listed in Section 4. An individual member of the Guard may submit reimbursement information under the Plan in lieu of a National Guard Finance or Personnel Officer submitting the information. The information submitted by an individual Guard member shall include specified payment documentation.
Section 6 (Rejected Payment) outlines the procedures to be taken if a reimbursement payment is rejected or otherwise cannot be completed due to circumstances outside of the Military Department's control. The problem will be researched and corrected in the most reasonable manner: 1) by the agency accounting office if local correction is possible; 2) by the agency accounting office in direct cooperation with the member; or 3) by submitting a request to the appropriate National Guard personnel or finance officer for assistance. Section 7 (Appeals) states that all applicants may appeal reimbursement decisions by requesting an appeal in writing. The final appeal authority rests with the Adjutant General. Section 8 (Reporting Requirement) states that the Deputy Director shall compile an annual report to the Adjutant General containing number of members and payment amounts as well as any other information as directed by the Adjutant General.
FINDINGS: The rules appear to be within the scope of statutory authority and legislative intent.
STAFF RECOMMENDATION:
That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.
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Matthew D. Obrecht
Staff Attorney
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Dan J. Pauli
Director
MDO/