ARTICLE 4 - RETIREMENT
 
9-3-401.  Short title.
 
This article is known and may be cited as "The Wyoming Retirement Act".
 
9-3-402.  Definitions.
 
(a)  As used in this article:
 
(i)  "Account" or "member account" means the member's contributions, the member's contributions paid by an employer under W.S. 9-3-412 and any amounts transferred to the system from a terminated system on behalf of the member, plus interest compounded annually at a rate determined by the board not to exceed the average annual investment yield earned on the assets of the system;
 
(ii)  Repealed by Laws 1994, ch. 67, § 3.
 
(iii)  "Actuarial equivalent amount" means a benefit of equal value computed upon the basis of the actuarial assumptions determined by the board;
 
(iv)  "Board" or "retirement board" means the retirement board of the Wyoming retirement system established by this article;
 
(v)  "Disability" means the mental or physical incapacitation of any member including:
 
(A)  "Total disability" which is a disability condition that renders a member unable to engage in any occupation for which he is reasonably suited by training or experience and which is reasonably expected to last at least twelve (12) months; and
 
(B)  "Partial disability" which is a disability condition that renders a member unable to perform the occupation for which he is reasonably suited by training and experience but still allows him to function in other employment and which is reasonably expected to last at least twelve (12) months.
 
(vi)  "Employer" or "participating employer" means:
 
(A)  The state of Wyoming and any department, board, commission or other agency or instrumentality of the state;
 
(B)  Any county, county memorial hospital, special hospital district, city or town or legally constituted department designated to the board by the appropriate governing body as an employer under this article;
 
(C)  Any municipal corporation;
 
(D)  Any school district;
 
(E)  The Wyoming School Activities Association;
 
(F)  The Wyoming Education Association;
 
(G)  The Wyoming School Boards' Association;
 
(H)  The Wyoming Public Employees' Association;
 
(J)  Repealed by Laws 1994, ch. 67, § 3.
 
(K)  Repealed by Laws 1994, ch. 67, § 3.
 
(M)  The Wyoming County Commissioners' Association;
 
(N)  The Wyoming Association of Municipalities;
 
(O)  Any senior citizen center within the state;
 
(P)  Community-based mental health, substance abuse, developmental disabilities, family violence and sexual assault programs which receive state support and which operate under standards established by the division of community programs [department of health] pursuant to W.S. 9-2-102, those programs and facilities serving youth certified by the department of family services pursuant to W.S. 9-2-2101 and those programs and facilities serving individuals in need of vocational rehabilitation as certified by the division of vocational rehabilitation pursuant to W.S. 9-2-109;
 
(Q)  The legislative service office;
 
(R)  The state judicial branch;
 
(S)  Any community college;
 
(T)  The University of Wyoming;
 
(U)  Any special district; and
 
(W)  Any other political subdivision of the state or local government or any organization or entity which by virtue of its organization or purpose is considered by the board to be a governmental entity and receives a major portion of its funding from taxing authority delegated by law, from federal, state or local government or from an agency or political subdivision of state or local government.
 
(vii)  "Member" means and includes any full-time or regular part-time employee of an employer, including substitute teachers if treated by the employer as regular, part-time employees and including law enforcement officers and firefighter members, but "member" does not mean:
 
(A)  An employee who is compensated:
 
(I)  As an independent contractor; or
 
(II)  On a fee basis.
 
(B)  An employee who is reimbursed on a per diem basis;
 
(C)  An employee whose term of employment is on a temporary basis for less than six (6) months;
 
(D)  Repealed by Laws 2015, ch. 10, § 2.
 
(E)  Members of any state board or commission not otherwise employed by the state who elect in writing not to become a member of the system under rules adopted by the board;
 
(F)  Employees covered by other retirement plans of the state or a political subdivision of the state, including:
 
(I)  The supreme court and district court justices' pension plan, and employees covered under the judicial retirement act under W.S. 9-3-701 through 9-3-713;
 
(II)  Police pension plans;
 
(III)  Repealed By Laws 2008, Ch. 45, § 2.
 
(IV)  The paid firemen pension plans;
 
(V)  The Wyoming state highway patrol, game and fish warden and criminal investigator retirement program.
 
(G)  Members of the legislature;
 
(H)  Students employed by the University of Wyoming, community colleges or school districts;
 
(J)  Employees of the agricultural extension service of the University of Wyoming who hold a federal civil service appointment and are required to participate in the federal civil service retirement program;
 
(K)  An employee of the University of Wyoming or a community college who earns no more than five thousand five hundred dollars ($5,500.00) per year for part-time teaching and has elected in writing not to participate in the system under rules adopted by the board;
 
(M)  An at-will contract employee under W.S. 9-2-1022(a)(xi)(F), unless specifically authorized by the contract pursuant to W.S. 9-2-1022(a)(xi)(F)(III) or (IV);
 
(N)  An elected member of a county, municipal or school district commission, council or board, if:
 
(I)  The commission, council or board on which the elected member serves participates in the system;
 
(II)  The elected member is otherwise employed by an entity participating in the system; and
 
(III)  The elected member elects in writing at the beginning of the member's service on the commission, council or board not to become a member of the system, for purposes of his service as an elected official,  under rules adopted by the board. An election pursuant to this subdivision is irrevocable during the remainder of the member's service on the commission, council or board.
 
(viii)  Repealed by Laws 1994, ch. 67, § 3.
 
(ix)  "Prior creditable service" means service credit earned by a member prior to April 1, 1953 in one (1) of the terminated systems and for which necessary employer and employee contributions were transferred to the retirement system;
 
(x)  "Employee" means an employee of a participating employer as defined by this article;
 
(A)  Repealed by Laws 1994, ch. 67, § 3.
 
(B)  Repealed by Laws 1994, ch. 67, § 3.
 
(C)  Repealed by Laws 1994, ch. 67, § 3.
 
(D)  Repealed by Laws 1994, ch. 67, § 3.
 
(E)  Repealed by Laws 1994, ch. 67, § 3.
 
(F)  Repealed by Laws 1994, ch. 67, § 3.
 
(G)  Repealed by Laws 1994, ch. 67, § 3.
 
(H)  Repealed by Laws 1994, ch. 67, § 3.
 
(xi)  Repealed by Laws 1994, ch. 67, § 3.
 
(xii)  "Interest" means interest compounded annually at the rate or rates determined by the board, not exceeding the average amount of interest actually earned per annum by the account;
 
(xiii)  "Retire", "retired" or "retirement" means the termination of a member's working career for a salary as an employee and the fulfillment of the requirements for eligibility to receive either a retirement or a disability benefit under this article;
 
(xiv)  "Retirement benefit" or "benefit" means a sum of money paid monthly in accordance with this article to a member who has retired;
 
(xv)  "Retirement system" means the Wyoming retirement system created by this article;
 
(xvi)  "Salary" means the cash remuneration paid to a member in a calendar year, including employee contributions required by W.S. 9-3-412 and including member contributions paid by the employer under a salary reduction arrangement under W.S. 9-3-412(c). "Salary" taken into account for a member shall not exceed the amount specified under section 401(a)(17) of the United States Internal Revenue Code;
 
(xvii)  "Terminated system" or repeal acts in the case of a teacher means the Wyoming teacher retirement system provided by Chapter 159, Session Laws of Wyoming, 1951, and in the case of a state employee means the state employees' retirement association provided by Chapter 42, Session Laws of Wyoming, 1949, as amended by Chapter 140, Session Laws of Wyoming, 1951;
 
(xviii)  "Law enforcement officer" or "officer" means any member who is a county sheriff, deputy county sheriff, municipal police officer, duly authorized investigator of the Wyoming livestock board meeting the specifications of W.S. 7-2-101(a)(iv)(E), investigator employed by the Wyoming state board of outfitters and professional guides meeting the specifications of W.S. 7-2-101(a)(iv)(J), Wyoming correctional officer, probation and parole agent employed by the Wyoming department of corrections, Wyoming law enforcement academy instructor, University of Wyoming campus police officer, detention officer or dispatcher for law enforcement agencies;
 
(xix)  "Highest average salary" means:
 
(A)  For members not subject to subparagraph (B) of this paragraph, the average annual salary of a member for the highest paid three (3) continuous years of service;
 
(B)  For a general member initially employed after August 31, 2012 the average annual salary of the member for the highest paid five (5) continuous years of service.
 
(xx)  "General member" means a member who is not a law enforcement officer or a firefighter member;
 
(xxi)  "Service credit" means the credit earned by a member for eligibility for benefits and benefits payable under the system. Service credit is earned on the basis of actual years of employment for an employer as a member under rules adopted by the board under W.S. 9-3-417;
 
(xxii)  "System" means the Wyoming retirement system created by this article;
 
(xxiii)  "Year of service" means a twelve (12) month period of employment with an employer as a member;
 
(xxiv)  "Retirement account" means the account established under this article;
 
(xxv)  "Firefighter member" means any employee of a Wyoming national guard fire department crash and rescue unit employed on a full-time basis for firefighting and rescue operations within the department;
 
(xxvi)  "Duty connected" means an illness, injury or disability from an injury or disease which results primarily from a specific act or occurrence determinable by a definite time and place, from a physical or mental trauma which arises from the nature and in the course of a person's law enforcement employment;
 
(xxvii)  "Eligible retirement plan" means:
 
(A)  An annuity contract described in section 403(b) of the Internal Revenue Code;
 
(B)  An eligible plan under section 457(b) of the Internal Revenue Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state;
 
(C)  An individual retirement account or annuity described in section 408(a) or 408(b) of the Internal Revenue Code that is eligible to be rolled over and would otherwise be includible in gross income; or
 
(D)  A qualified plan described in section 401(a) or 403(a) of the Internal Revenue Code.
 
(xxviii)  "Rollover contribution" means the transfer of funds from an eligible retirement plan, in an amount eligible to be rolled over to a qualified trust in accordance with applicable law and for which the member provides evidence satisfactory to the system that such amount qualifies for rollover treatment;
 
(xxix)  "General member initially employed after August 31, 2012" means a general member, other than a member meeting the provisions of subparagraph (B) of this paragraph, who:
 
(A)  Becomes an employee for whom contributions are made for service performed on or after September 1, 2012 and:
 
(I)  Was not previously a contributing member; or
 
(II)  Was previously a contributing member who withdrew his accumulated contributions and did not redeposit those contributions before September 1, 2012; or
 
(III)  Was previously a contributing member who left service with less than four (4) years service credit, without withdrawing his accumulated contributions, and returned to service on or after September 1, 2012.
 
(B)  A member who was deployed to active military or other emergency service of the United States and who was previously employed by a participating employer prior to September 1, 2012 and withdrew his accumulated contributions, shall not be deemed to be a member initially employed after August 31, 2012 due to the provisions of subdivision (A)(II) of this paragraph, if the withdrawal was in accordance with provisions of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq., and board rules adopted to meet the requirements of that act.
 
9-3-403.  Wyoming retirement system; establishment; purpose; powers as body corporate.
 
The Wyoming retirement system is established to provide retirement and other benefits to eligible employees of participating employers. It shall be a body corporate, may sue and be sued and shall have all other powers and privileges of a corporation. In its name all its business shall be transacted, all funds invested and all of its monies, securities and other property held in trust for the purposes of this article.
 
9-3-404.  Wyoming retirement board; responsibility for administration of system; composition; appointment; term; vacancies; meetings; election of chairman.
 
(a)  The responsibility for the administration and operation of the retirement system is vested solely and exclusively in the Wyoming retirement board. The board shall be composed of eleven (11) members, not more than seventy-five percent (75%) of whom shall be from the same political party. The members shall be:
 
(i)  The state treasurer;
 
(ii)  A retired recipient of the retirement system;
 
(iii)  Two (2) members, exclusive of the public school system, the community colleges and the University of Wyoming, one (1) of which is a participant in the Wyoming deferred compensation program established under W.S. 9-3-501 through 9-3-508;
 
(iv)  Two (2) members of the public school system, the community colleges or the University of Wyoming;
 
(v)  Five (5) qualified electors from Wyoming who are known for their public spirit and business or professional ability, none of whom are members and at least one (1) of whom has professional expertise in investments and finance.
 
(b)  The governor, with the consent of the Wyoming senate, shall appoint all board members other than the state treasurer. Appointed board members shall serve six (6) year terms and may be removed by the governor as provided in W.S. 9-1-202.
 
(c)  A vacancy shall be filled as provided in W.S. 28-12-101.
 
(d)  The board shall meet annually and elect a chairman from among its members. The board shall meet at such other times as the chairman directs or upon request of a majority of its members.
 
9-3-405.  Retirement board duties and powers.
 
(a)  In addition to any other duties prescribed by law, the board shall:
 
(i)  File with the legislative service office:
 
(A)  All system actuarial reports;
 
(B)  An annual audit report by an independent audit firm showing the financial status of the retirement system. The report required by this paragraph shall be submitted as part of the annual report required by W.S. 9-2-1014;
 
(C)  A statement of any proposed benefit changes and the projected cost of the changes to the system.
 
(ii)  At the request of any city, town or county not covered by the state retirement system, negotiate terms and conditions through which the city, town or county and its employees could become members of the state retirement system in accordance with the following terms and conditions:
 
(A)  Any city, town or county may choose to cover only its full-time employees under the retirement system;
 
(B)  Liabilities for any city, town or county's employees' service rendered prior to affiliation with the retirement system and credited by the local retirement program shall be determined according to procedures the board adopts after consultation with the system actuary;
 
(C)  Excluding law enforcement officers, the service rendered by any city, town or county's employees prior to affiliation with the retirement system and which may be credited toward retirement under the retirement system shall not exceed ten (10) years and shall be the shorter of ten (10) years or the period from July 1, 1971 to the entry date of the political subdivision into the retirement system.  Service rendered by any city, town or county law enforcement officer prior to affiliation with the retirement system and which may be credited toward retirement under W.S. 9-3-432 shall include all years served as a law enforcement officer with that city, town or county. Effective July 1, 2002, and ending June 30, 2008, any city, town or county may elect to have its law enforcement officers covered under W.S. 9-3-432, if such law enforcement officers were not participating in a pension fund pursuant to W.S. 15-5-301 prior to July 1, 2002. Any such election shall be subject to the following:
 
(I)  The city, town or county shall contribute funds in an amount equivalent to one-half (1/2) the cost of each officer's prior service credits with the city, town or county;
 
(II)  The city, town or county may require the officer to contribute the amount specified in subdivision (I) of this subparagraph as a condition of participation in the election to be covered under W.S. 9-3-432;
 
(III)  The state shall contribute funds in an amount equivalent to one-half (1/2) the cost of each officer's prior service with the city, town or county.
 
(D)  Affiliation with the retirement system shall be effective as of July 1, following a determination of the city, town or county's liabilities and completion of other reasonable procedures as the board directs.
 
(iii)  Receive and act upon reports relating to the operations and funds of the system;
 
(iv)  Ensure that the system is administered according to law;
 
(v)  Serve as investment trustee of the funds of the system;
 
(vi)  Through the director employed under W.S. 9-3-406(a), administer the Wyoming deferred compensation program established under W.S. 9-3-501 through 9-3-508;
 
(vii)  In collaboration with participating employers, provide information, through a variety of methods including a mandatory education program, to all employees who are members as of July 1, 2012, and to all members initially enrolling after July 1, 2012. The information and program shall review retirement benefits, costs expected to be incurred in retirement and income amounts anticipated to be necessary to maintain the member's preretirement standard of living.  The information and program shall:
 
(A)  Emphasize that benefits provided under the plans administered by the Wyoming retirement board should not be expected to provide one hundred percent (100%) of the member's required income in retirement;
 
(B)  Advise that no future cost-of-living increases or other benefit increases are incorporated into the plans as constructed;
 
(C)  Contain citation to and the language of W.S. 9-3-428 providing that nothing in Wyoming statutes title 9, chapter 3, article 4, shall be construed to acknowledge any past, present or future liability of or obligate the state of Wyoming for contribution except the employer's contributions provided for in that article, to either the Wyoming retirement system provided by that article or any other retirement system previously existing in the state of Wyoming.
 
(b)  The board may establish special pay plans that upon retirement or separation from service, entitle an employee of the state to a contribution to a qualified retirement plan established in the employee's name. Special pay plans established under this paragraph shall be in compliance with section 401(a) of the federal Internal Revenue Code, which reduce the federal tax burden on accumulated vacation, sick or other accumulated leave payments to employees upon retirement or separation from service. In the event an employee elects to withdraw his contribution to the special pay plan prior to reaching age fifty-five (55), the state shall reimburse the employee the difference between any Federal Insurance Contributions Act (FICA) and any Medicare tax savings to the employee and any early withdrawal penalty imposed by the Internal Revenue Service.
 
(c)  For purposes of preparation of the administration and operational budget of the board, the board shall operate on a fiscal year commencing on July 1. The board may operate the state retirement account and any other retirement account under its management upon a calendar year basis or a fiscal year basis as the board determines appropriate.
 
9-3-406.  Retirement board; employment and compensation of director, consulting actuary and assistants; director designated secretary; compensation of members; quorum; seal.
 
(a)  The board shall employ a director and a consulting actuary and other professional and clerical assistants necessary for the administration of the retirement system and the Wyoming deferred compensation program established under W.S. 9-3-501 through 9-3-508. The compensation of employees shall be fixed by the board, subject to confirmation and approval by the personnel division and together with all other necessary expenses of the board shall be paid by vouchers drawn on the state treasurer of Wyoming. The director shall also serve, without additional compensation, as secretary of the board.  The board shall have the authority to obtain the financial and criminal background history of an employee or employment applicant of the Wyoming retirement system in accordance with W.S. 7-19-106 and 7-19-201.
 
(b)  The members of the board, other than the five (5) elector members shall serve without compensation but shall suffer no loss of wages for the time devoted to the duties of the board. The elector members of the board shall receive fifty dollars ($50.00) per day for the time actually and necessarily devoted to the duties of the board. All members and employees of the board shall be reimbursed for their expenses incurred through service on the board at rates applicable to other state employees.
 
(c)  A majority of the members of the board constitutes a quorum for the transaction of its business. The board may adopt and use a common seal and alter it at the board's direction.
 
9-3-407.  Retirement board; control and management of account containing assets of retirement system; payments from account.
 
(a)  The retirement account is established.
 
(b)  The board has the control and management of the retirement account which shall contain all the assets of the retirement system.
 
(c)  From the retirement account shall be paid:
 
(i)  Refunds of member accounts in accordance with this article;
 
(ii)  Benefits for members retired under the terminated systems;
 
(iii)  Repealed by Laws 1994, ch. 67, § 3.
 
(iv)  Retirement or disability benefits under this article;
 
(v)  Death and survivor benefits as provided for by this article; and
 
(vi)  Reasonable administrative expenses under this article.
 
9-3-408.  Designated custodian of retirement account; disbursements; investment of account monies.
 
(a)  The board may designate the state treasurer or a master custodial bank approved by the state treasurer as the custodian of the retirement account. Disbursements from the retirement account for purposes specified in W.S. 9-3-407(c) shall be made only upon warrants drawn by the state auditor upon certification by authorized system employees. All retirement account disbursements shall be accounted for in accordance with the uniform state accounting system or in a manner approved by the state auditor or the state treasurer as provided under W.S. 9-4-214. As used in this subsection, "authorized system employees" means the director and his designees who have authorized signatures on file with the state auditor.
 
(b)  The board, or its designee, which shall be registered under the Investment Advisor's Act of 1940 as amended, or any bank as defined in that act, upon written authority, shall invest monies in the retirement account, which investments shall not be considered disbursements for the purposes of W.S. 9-4-214 and subsection (a) of this section. In investing and managing monies in the retirement account, the board, or its designee, shall exercise the judgment and care that a prudent investor would, in light of the purposes, terms, distribution requirements and all other circumstances surrounding the monies in the retirement account, including risk and return objectives established by the board which are reasonably suitable to the purpose of the Wyoming retirement system.
 
(i)  Repealed By Laws 1997, ch. 148, § 2.
 
(ii)  Repealed By Laws 1997, ch. 148, § 2.
 
(iii)  Repealed By Laws 1997, ch. 148, § 2.
 
(iv)  Repealed By Laws 1997, ch. 148, § 2.
 
(v)  Repealed By Laws 1997, ch. 148, § 2.
 
(vi)  Repealed By Laws 1997, ch. 148, § 2.
 
(c)  Repealed By Laws 1997, ch. 148, § 2.
 
(d)  The director of the retirement system, upon approval and authority of the retirement board, may make use of the services of whatever investment board or commission which has been designated by legislative action for the purpose of assisting in the selection of investments for public funds of this state.
 
(e)  The board may for purposes of this section, retain the services of a custodial bank to supervise a program of securities lending in exchange for a fee or other consideration. Supervision of the program shall include:
 
(i)  Procedures to review the creditworthiness of all borrowers;
 
(ii)  Requirements for full collateralization of all loans; and
 
(iii)  Other methods and procedures required by the board for securing the lending program.
 
(f)  Repealed By Laws 2006, Chapter 51, § 2.
 
9-3-409.  Retirement board; rules and regulations; powers and privileges required to perform functions; requiring employers to furnish information and keep records.
 
(a)  The retirement board shall adopt rules and regulations for the administration of the retirement system and the control and disbursement of its assets, the administration of the Wyoming deferred compensation program established under W.S. 9-3-501 through 9-3-508 and shall have the powers and privileges required in the performance of its functions under this article and W.S. 9-3-501 through 9-3-508.
 
(b)  The board shall:
 
(i)  Regulate the duties of participating employers imposed by this article;
 
(ii)  Specify the time, place, amount and manner in which contributions shall be withheld and paid;
 
(iii)  Require employers to furnish information in written or electronic format and keep records necessary for the discharge of its duties under this article. The board shall assist employers in complying with any electronic reporting requirements imposed under this paragraph;
 
(iv)  Require any county memorial hospital or special hospital district electing to participate in the Wyoming retirement system to provide written notice to the board of its election pursuant board issued guidelines. The board shall not implement coverage for any county memorial hospital or special hospital district employee until funds payable to the Wyoming retirement system are received for deposit into the retirement account, as necessary for maintaining the actuarial integrity of the account and funding all liability arising under this act, for years of service prior to the date of entry or expansion of coverage.
 
9-3-410.  Retirement board; actuarial investigation and valuation of system; annual valuation of assets and liabilities to be prepared and published; public record of proceedings.
 
(a)  The retirement board shall keep in convenient form data necessary for actuarial valuations and investigations of the retirement system. At least once in each six (6) year period, the board shall cause an actuarial valuation to be made of the retirement system. An actuarial investigation of all the experience under the retirement system shall be made at times the board directs but not less often than once in each eight (8) year period.
 
(b)  The board shall cause an annual valuation to be made of the assets and liabilities of the retirement system and shall prepare an annual statement of the accrued liability contribution rate which, after approval by the legislature, shall be payable by the employers. The board shall also publish annually the valuation of the assets and liabilities and a statement of receipts and disbursements of the retirement system.
 
(c)  The board shall keep a record of all of its proceedings which shall be open to public inspection.
 
9-3-411.  Retirement board; right to hearing before board; judicial review.
 
Any person aggrieved by any ruling of the board is entitled to a hearing before the board after giving reasonable notice. The decision of the board upon hearing is a final administrative decision and is subject to judicial review in accordance with the Wyoming Administrative Procedure Act.
 
9-3-412.  Members' contributions; payroll deductions; employer authorized to pay employee's share.
 
(a)  Except as otherwise provided in this section and W.S. 9-3-431 and 9-3-432, every member covered under this article, shall pay into the account seven and one-half percent (7.5%) of his salary for the period from September 1, 2013 through June 30, 2014, and thereafter eight and one-quarter percent (8.25%) of his salary. Every firefighter member covered under this article shall pay into the account seven percent (7%) of his salary.  Payments shall be deducted each pay period from each member's salary by the chief fiscal officer of each participating employer.  Employee contributions shall be transferred to the account in accordance with subsection (c) of this section.
 
(b)  Except as provided by W.S. 9-2-1022(a)(xi)(F)(III) or (IV), in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, section 414(h) the contributions required by subsection (a) of this section shall be paid by the employer for state employee members and may be paid by the employer for member employees of political subdivisions of this state. Any contract employee authorized to participate in the state retirement system under W.S. 9-2-1022(a)(xi)(F)(III) shall pay the entire member contribution and the entire employer contribution under W.S. 9-3-413.  For the contributions as provided by W.S. 9-2-1022(a)(xi)(F)(IV), the contributions required by subsection (a) of this section may be paid by the Wyoming livestock board for state employee members in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, section 414(h). The amounts shall be stated in the employment contract.
 
(c)  The contributions under subsection (b) of this section shall be paid from the source of funds which is used in paying salary to the member. The employer may pay these contributions by a reduction in cash salary of the member or by an offset against a future salary increase, or by a combination of a reduction in salary and an offset against a future salary increase, provided:
 
(i)  No salary reduction, offset or combination thereof shall exceed the percentage amount actually deducted from a member's salary for contributions to the Wyoming retirement system;
 
(ii)  Except as provided in paragraphs (iii) and (iv) of this subsection, any employer may pay any amount of a member's share of retirement contributions without a salary reduction, offset or combination thereof;
 
(iii)  For state employee members five and fifty-seven hundredths percent (5.57%), except that for the period from September 1, 2013 through June 30, 2014 five and eighty-two hundredths percent (5.82%), for the period from July 1, 2014 through June 30, 2016 six and one hundred ninety-five thousandths percent (6.195%), and for the period from July 1, 2016 through June 30, 2017 five and nine hundred forty-five thousandths percent (5.945%), of the member's salary shall be paid by the employer without any salary reduction or offset.  The remaining portion of the state employee's contribution shall be paid through a reduction in cash salary of the state employee unless specified otherwise by legislative act; and
 
(iv)  For full-time brand inspection contract employees authorized to participate in the state retirement system under W.S. 9-2-1022(a)(xi)(F)(IV), not more than five and fifty-seven hundredths percent (5.57%), except that for the period from September 1, 2013 through June 30, 2014 five and eighty-two hundredths percent (5.82%), for the period from July 1, 2014 through June 30, 2016 six and one hundred ninety-five thousandths percent (6.195%), and for the period from July 1, 2016 through June 30, 2017 five and nine hundred forty-five thousandths percent (5.945%), of the contract employee's salary shall be paid by the livestock board unless specified otherwise by legislative act.
 
(d)  Repealed by Laws 2002, Ch. 82, § 3.
 
9-3-413.  Employer's contributions; payable monthly; transfer to account; interest imposed upon delinquent contributions; recovery.
 
Except as provided by W.S. 9-2-1022(a)(xi)(F)(III) or (IV), 9-3-431 and 9-3-432, each employer including employers of firefighter members, shall on a monthly basis, pay into the account a contribution equal to seven and twelve hundredths percent (7.12%) until June 30, 2014, of the salary paid to each of its members covered under this article.  For the period from July 1, 2014 through June 30, 2015, each employer, excluding employers of firefighter members, shall on a monthly basis, pay into the account a contribution equal to seven and sixty-two hundredths percent (7.62%) of the salary paid and thereafter eight and thirty-seven hundredths percent (8.37%) of the salary paid.  After June 30, 2014 employers of firefighter members shall pay into the account a contribution equal to seven and twelve hundredths percent (7.12%) of the salary paid.  Employer contributions for any month, together with the members' contributions for that month, if any, shall be transferred to the board not later than the twelfth day of the following month.  These contributions shall be credited to the account in a manner as directed by the board.  Any employer failing to transfer contributions under this section in sufficient time for the board to receive the contributions by the twenty-fifth day of the month due shall be assessed interest at the assumed rate of return as determined by the board, compounded annually. Interest imposed under this section shall be payable not later than the twelfth day of the next succeeding month. If the contributions and any interest imposed under this section are not transferred to the board when due, they may be recovered, together with court costs, in an action brought for that purpose in the first judicial district court in Laramie County, Wyoming.
 
9-3-414.  Provision for employers' contributions to be made in budgets; notice to department heads.
 
Provision for the payment by employers of the employers' contributions under this article shall be made in the budgets of the several departments, divisions and subdivisions of the state government and of other employer units. At least thirty (30) days prior to the date for submission of departmental budgets to the state budget officer, the Wyoming retirement board shall notify all department heads that it will be necessary to include funds in the departmental budget for the payment of employers' contributions under this article for the ensuing appropriation period.
 
9-3-415.  When retirement permitted; service credit.
 
(a)  Except as provided under  W.S. 9-3-431 and 9-3-432, normal retirement benefits under the system are payable to a member who:
 
(i)  Has at least four (4) years of service credit and is at least sixty (60) years of age and is not subject to paragraph (ii) of this subsection; or
 
(ii)  If a general member initially employed after August 31, 2012, has at least four (4) years of service credit and is at least sixty-five (65) years of age; or
 
(iii)  Has a combined total of years of service credit and years of age which equals at least eighty-five (85).
 
(b)  Except as provided under W.S. 9-3-432 or subsection (k) of this section, early retirement benefits are payable to a member who has at least four (4) years of service and is at least fifty (50) but not yet sixty (60) years of age or has at least twenty-five (25) years of service and is not yet fifty (50) years of age.  The early retirement benefit amount is equal to the normal retirement benefit amount otherwise payable reduced on an actuarial equivalent basis under rules established by the board.
 
(c)  Repealed By Laws 2001, Ch. 38, § 2.
 
(d)  Any vested member may elect to make a one-time purchase of up to five (5) years of service credit as authorized and limited by section 415(c) and 415(n) of the Internal Revenue Code and established in rules promulgated by the board.  Any member 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, the individual's attained age and the benefit structure of the appropriate plan.  A member may purchase service credit with personal funds or, subject to rules and regulations established by the board, through rollover contributions.  Unless received by the system in the form of a direct rollover, the rollover contribution shall be paid to the system on or before sixty (60) days after the date it was received by the member.  Service credit purchased under this subsection shall qualify as service credit defined in W.S. 9-3-402(a)(xxi), 9-3-602(a)(iii), 9-3-702(a)(iii) and 15-5-402(a)(iv) but shall not be used to determine whether a member is a general member initially employed after August 31, 2012.
 
(e)  Any person who is participating in a lawfully established retirement plan of any Wyoming community college or the University of Wyoming as authorized by W.S. 21-19-102 and elects coverage under this article shall have his Wyoming service under both the community college or University of Wyoming retirement plan and under this article counted to meet the eligibility requirements for retirement as specified in this section.
 
(f)  Repealed By Laws 2002, Ch. 82, § 3.
 
(g)  Subject to subsection (h) of this section and in accordance with rule and regulation of the board protecting the actuarial integrity of the system and its status as a federally qualified plan, any retired member rehired after a break in service of not less than thirty (30) days by a participating employer to fill a vacant full-time position of a regular contributing employee in any capacity including, but not limited to, as a contract employee or as an employee of a third party contractor under an agreement with a participating employer, shall notify the board in writing of his election to:
 
(i)  Discontinue retirement benefits and be reinstated as a contributing member; or
 
(ii)  Continue receiving retirement benefits and not be reinstated as a contributing member.
 
(h)  If a retired member is rehired by a participating employer to fill a vacant full-time position of a regular contributing employee in any capacity including, but not limited to, as a contract employee or as an employee of a third party contractor under an agreement with a participating employer, and the retiree is rehired following a break in service of not less than thirty (30) days, the employer shall pay into the account an amount equal to both the members' and employer's contributions required by law under the Wyoming retirement system based upon the retiree's salary.  Service by the retiree under this subsection shall not increase retirement benefits under the Wyoming retirement system.
 
(i)  Repealed By Laws 2007, Ch. 78, § 2.
 
(ii)  Repealed By Laws 2007, Ch. 78, § 2.
 
(j)  If any retired member or employer violates subsection (h) of this section, the board shall immediately cancel the retiree's retirement benefit and shall reinstate that member as a contributing member.
 
(k)  For a general member initially employed after August 31, 2012, early retirement benefits are payable to a general member who has at least four (4) years of service and is at least fifty-five (55) but not yet sixty-five (65) years of age or has at least twenty-five (25) years of service and is not yet fifty-five (55) years of age.  The early retirement benefit amount is equal to the normal retirement benefit amount otherwise payable reduced on an actuarial equivalent basis under rules established by the board.
 
(m)  Any vested member who was honorably discharged from the military service of the United States may elect to purchase service credit in the retirement system, subject to the following:
 
(i)  Purchase of service credit shall be as authorized and limited by section 415(c) and 415(n) of the Internal Revenue Code and rules promulgated by the board;
 
(ii)  One (1) year of service credit may be purchased for each year of military service, up to a maximum of eight (8) years;
 
(iii)  Cumulative purchases of service credit under this section and as otherwise authorized under the Wyoming Retirement Act shall not exceed eight (8) years;
 
(iv)  An 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;
 
(v)  The lump sum may be paid with funds from any source, including rollover contributions, subject to rules and regulations established by the board.  Unless received by the retirement system in the form of a direct rollover, the rollover contribution shall be paid to the program not more than sixty (60) days after the date it was received by the member;
 
(vi)  Service credit purchased under this subsection shall not be used to determine vested eligibility to receive benefits under this article;
 
(vii)  Service credit purchased under this subsection shall qualify as service credit defined in W.S. 9-3-402(a)(xxi), 9-3-602(a)(iii), 9-3-702(a)(iii) and 15-5-402(a)(iv) but shall not be used to determine whether a member is a general member initially employed after August 31, 2012.
 
9-3-416.  Members leaving service without withdrawing accumulated contributions eligible for retirement.
 
Except for law enforcement officers, any member who has left service without withdrawing his accumulated contributions and who has a minimum of four (4) years of service is eligible to receive a retirement benefit computed according to the terms of this article, at the age specified in W.S. 9-3-415(a), (b) or (k).  Law enforcement officers leaving service without withdrawing accumulated contributions and who have a minimum of four (4) years of service may receive a retirement benefit amount in accordance with W.S. 9-3-432.  Firefighter members leaving service without withdrawing accumulated contributions and who have a minimum of four (4) years of service may receive a retirement benefit amount in accordance with W.S. 9-3-431.
 
9-3-417.  Determination of eligibility for retirement; board to determine equivalent of years of service; credit for military service.
 
(a)  The board shall determine the total years of service creditable to each member for the purpose of determining eligibility for retirement under this article including law enforcement officers for retirement under W.S. 9-3-432. It may require members to file detailed statements of all service as a covered member and to give other necessary information as a condition to the receipt of benefits under this article.
 
(b)  The board shall determine and adopt appropriate rules and regulations defining how much service in any year is the equivalent of one (1) year of service, but in no case shall it allow credit for more than one (1) year of service for all service rendered within one (1) calendar year.  In addition, part-time employment shall be credited as follows, with eighty-six (86) or more hours per month considered full-time employment:
 
(i)  Forty (40) or more but less than eighty-six (86) hours per month--one half (1/2) month credit;
 
(ii)  less than forty (40) hours per month--one quarter (1/4) month credit.
 
(c)  Credit shall be allowed for any period of time after commencement of participation in the retirement program which a member spends in active military or other emergency service of the United States in accordance with rules adopted by the board pursuant to the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq.  In accordance with rule and regulation of the board, until June 30, 2018 up to two (2) years of credit allowed under this subsection may be provided at no cost to the member. After June 30, 2010, each state agency, department or institution, including the University of Wyoming and the community colleges shall estimate the amount required for provision of credits under this subsection for the next biennium and shall include the estimate in the agency's biennial budget request. Provision for payment of employer's contributions under this subsection shall be as provided in W.S. 9-3-414.
 
(d)  Repealed by Laws 1994, ch. 67, § 3.
 
9-3-418.  Amount of service retirement benefit; firefighter members excluded.
 
(a)  The normal retirement benefit for a member who first becomes covered under this article after June 30, 1981 and before September 1, 2012 is equal to two and one-eighth percent (2 1/8%) of the highest average salary multiplied by his years of service credit for the first fifteen (15) years of service credit, and two and one-fourth percent (2 1/4%) of the highest average salary multiplied by his years of service credit for any years of service credit exceeding fifteen (15) years.
 
(b)  The retirement benefit for a member with service after March 31, 1953 but prior to July 1, 1981 is equal to the following:
 
(i)  Repealed by Laws 1994, ch. 67, § 3.
 
(ii)  A monthly benefit amount based on the actuarial equivalent of double the member's account with any applicable increase under W.S. 9-3-419; or
 
(iii)  Two and one-eighth percent (2 1/8%) of the member's highest average salary multiplied by his years of service credit for the first fifteen (15) years of service credit, and two and one-fourth percent (2 1/4%) of the member's highest average salary multiplied by his years of service credit for any years of service credit exceeding fifteen (15) years.
 
(c)  Repealed by Laws 1994, ch. 67, § 3.
 
(d)  Repealed by Laws 1994, ch. 67, § 3.
 
(e)  This section does not apply to any firefighter member covered and vested under W.S. 9-3-431 or any law enforcement member covered and vested under W.S. 9-3-432.
 
(f)  Benefits shall not be payable under the system to the extent that they exceed the limitations imposed by section 415(b) of the United States Internal Revenue Code.  The board shall provide any benefits in excess of the limitations under special pay plans authorized under W.S. 9-3-405(b) to the extent the benefits can be provided and the system retain qualified plan status under the Internal Revenue Code.
 
(g)  The normal retirement benefit for a member initially employed after August 31, 2012 is equal to two percent (2%) of the highest average salary multiplied by his years of service credit.
 
9-3-419.  Retirement benefit adjustments.
 
(a)  The retirement benefit specified under W.S. 9-3-418(b)(ii) is subject to the following cumulative increases:
 
(i)  The benefit for covered service prior to July 1, 1975 is increased by twenty-five percent (25%) with a maximum increase of twenty-five dollars ($25.00) per month;
 
(ii)  The benefit of a member, survivor or beneficiary is increased by forty percent (40%);
 
(iii)  The benefit of a member for service prior to July 1, 1975 is increased by twenty percent (20%).
 
(iv)  Repealed by Laws 1994, ch. 67, § 3.
 
(v)  Repealed by Laws 1994, ch. 67, § 3.
 
(vi)  Repealed by Laws 1994, ch. 67, § 3.
 
(vii)  Repealed by Laws 1994, ch. 67, § 3.
 
(b)  Repealed By Laws 2012, Ch. 107, § 3.
 
9-3-420.  Option as to form of benefit; beneficiary designations.
 
(a)  Subject to uniform rules and regulations the board prescribes, a member may instead of the service retirement benefits provided in this article, elect one (1) of the following forms of retirement benefits which shall be the actuarial equivalent of the benefit to which he would otherwise be entitled:
 
(i)  A one hundred percent (100%) joint and survivor benefit which provides reduced monthly service retirement benefit payments during the retired member's life and upon his death after retirement continues payments in the same reduced amount to a designated beneficiary during the life of the beneficiary;
 
(ii)  A fifty percent (50%) joint and survivor benefit which provides reduced monthly service retirement benefit payments during the retired member's life and upon his death after retirement continues payments, in the amount of fifty percent (50%) of the reduced amount, to the designated beneficiary during the life of the beneficiary;
 
(iii)  A benefit which provides reduced monthly service retirement payments with provision for the continuance of payments for ten (10) years certain and life thereafter.  If the retired member dies within ten (10) years after retirement, the remaining guaranteed payments shall be made to his designated beneficiary.  This beneficiary may be changed at any time by written notification to the board as provided in subsection (b) of this section;
 
(iv)  The largest possible benefit for life with no lump sum refund or benefit for anyone else upon the retired member's death;
 
(v)  Any other modified monthly service retirement benefit, including any other modified joint and survivor monthly service retirement benefit, actuarially determined, which the board approves.
 
(b)  An election of an optional benefit shall be in writing and filed with the system prior to the first benefit payment.  The election is final and not subject to change unless a designated beneficiary dies prior to the first benefit payment, in which case the election is void, the member may designate a new beneficiary and may select a different option.
 
(c)  The retirement benefits payable under optional forms available under this section shall be the actuarial equivalent amount of the normal benefit form under W.S. 9-3-415 and, if applicable, 9-3-431 and 9-3-432.
 
9-3-421.  Death benefits; monthly benefit option; refund of excess employee contributions plus interest; medical insurance premiums.
 
(a)  If a member dies before retirement under the system, the member's account plus an additional amount equal to the member's account shall be paid to the member's designated beneficiaries, or in the absence of designated beneficiaries to his estate. If the member is vested, instead of a lump sum payment, a beneficiary may elect to receive the actuarial equivalent of the lump sum of any benefit for life which is available to a retired member as provided in this article. A beneficiary, who is the surviving spouse of the deceased member and who elects to receive the actuarial equivalent of the lump sum, as a life benefit may, within eighteen (18) months of the death of the member, elect to receive the lump sum death benefit otherwise provided in this subsection plus interest accumulated on that amount less any payments received by the surviving spouse.
 
(b)  Unless otherwise provided by the benefit option selected by a member pursuant to W.S. 9-3-420, if any member receiving benefits or his beneficiary receiving retirement benefits under this article dies before the total amount of benefits paid to either the member or his beneficiary or both equals the amount of the member's account at retirement, then the excess, if any, shall be paid to any other named beneficiary, if any, or to the member's estate.
 
(c)  A designated beneficiary of a member, by signed affidavit, may request that medical insurance premiums be paid from the member's account balance for a period not to exceed four (4) months after the death of the member or until a benefit option has been elected.
 
9-3-422.  Disability retirement; board determination; reports and examinations; amount; options as to form of benefit.
 
(a)  Except as specified for law enforcement officers under W.S. 9-3-432, any member in service who has ten (10) or more years of service credit during which contributions have been paid because of illness or injury outside of or in the scope of employment, or any firefighter member in service for whom contributions have been paid because of injury in the scope of employment, may retire on account of a total or partial disability in accordance with rules and regulations adopted by the board. In determining mental or physical incapacitation for disability retirement under this section, the board may require physician reports, medical examinations, functional capacity evaluations, vocational examinations and other necessary reports and examinations for purposes of this section. The costs of any functional capacity evaluation, vocational examination or other specialized test required under this subsection shall be paid from the retirement account.
 
(b)  Upon retirement for a total disability and except as provided under W.S. 9-3-431(f) and 9-3-432(h), a member shall receive a monthly disability retirement benefit for the period of his disability equal to one hundred percent (100%) of his service retirement benefit under this article as if the member was eligible for normal retirement benefits. Upon retirement for a partial disability, a member shall receive a monthly disability retirement benefit for the period of his disability equal to fifty percent (50%) of the normal retirement benefit payable to the member as if the member were eligible for normal retirement benefits. Disability benefits are payable for the life of the member or until the member is no longer disabled.
 
(c)  Any employee granted disability retirement under this section shall at the time retirement is granted, elect to receive either the benefit authorized by this section or one (1) of the joint and survivor benefit options specified in W.S. 9-3-420.
 
9-3-423.  Disability; medical and other examinations, tests and evaluations subsequent to retirement; failure to submit to examinations, tests and evaluations; restoration to service; deduction from benefit for excess earnings.
 
(a)  Once each year during the first five (5) years following retirement of a member for disability under the system, and once in every three (3) year period thereafter, the board may require a member who is not eligible for normal retirement benefits pursuant to W.S. 9-3-415(a) or 9-3-431 to undergo a medical examination by a physician designated by the board or any other examination, test or evaluation determined necessary by the board. If the member refuses to submit to a medical or other examination, test or evaluation, his benefit payments shall be discontinued.
 
(b)  If any member receiving a disability benefit under this article is restored to service, the payment of the benefit shall be discontinued, that member shall become a contributing member of the system and all previous years of service credit including the period of the disability retirement, shall be credited to his service for the purpose of determining eligibility under W.S. 9-3-415 or 9-3-431.
 
(c)  If a member is restored to service from disability retirement and subsequently discontinues his employment for any reason other than a recurrence of the original disability, or another disability, he is not entitled to any disability benefit.
 
(d)  Any member receiving a nonduty-connected total or partial disability benefit who has not reached age sixty (60) shall annually report to the board in a form prescribed by the board, his total earnings for the preceding calendar year from any gainful employment for wages and any worker's compensation benefits. Fifty percent (50%) of the excess of any earnings or benefits over the base pay for the position held at the time of disability shall be deducted, in a manner the board determines, from his disability benefit beginning ninety (90) days following the day the report is due. If any member received a disability benefit for less than twelve (12) months in a calendar year for which earnings were reported, the deduction, if any, shall be determined on a pro rata basis.
 
9-3-424.  Refund of contributions upon termination of employment; procedure; redeposit; limitation on refund.
 
(a)  Except as provided in subsection (b) of this section, any member covered by this article, including an at-will contract employee under W.S. 9-2-1022(a)(xi)(F)(III) or (IV), who terminates his employment or any employee of the agricultural extension service of the University of Wyoming who has not elected to continue to be covered by this article is entitled to a refund of his account. In addition, any member who is entitled to a refund who is an at-will contract employee under W.S. 9-2-1022(a)(xi)(F)(III), shall be entitled to a refund of all contributions made to his account plus any employer matching contributions made by that member. In addition, any member who is entitled to a refund who is an at-will contract employee under W.S. 9-2-1022(a)(xi)(F)(IV), shall be entitled to a refund of all contributions made to his account including any employer matching contributions made by that member. The refunds shall be made only upon written request to the board. A member may elect, at the time and in the manner prescribed by the system, to have the refund of his account paid directly to an eligible retirement plan as specified by the member.  Any member who withdraws from the system under this section shall forfeit all rights to further benefits, employer matching contributions and service credit under the system. Any person who later returns to service covered by this article may redeposit a single lump-sum amount equal to the amount of the contributions withdrawn, together with an amount equal to the actuarial equivalent of the benefits to be derived from the redeposit, past employer contributions, the individual's attained age and the benefit structure of the appropriate plan, 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. For service prior to July 1, 2002, any law enforcement member covered under W.S. 9-3-432 may redeposit the amount of contributions withdrawn for service covered under W.S. 9-3-432, in a lump sum, together with interest and the actuarial equivalent of the difference between the benefit provided under W.S. 9-3-415 through 9-3-419 and the benefit provided under W.S. 9-3-432, and upon earning not less than two (2) years service credit, may reestablish his service credit as of the time of withdrawal of his contributions. Any redeposit payment pursuant to this subsection shall be made not later than ten (10) years following the date of reemployment or prior to retirement, whichever first occurs.  A member may make a redeposit under this subsection with personal funds or, subject to rules and regulations established by the board, through rollover contributions.  Unless received by the system in the form of a direct rollover, the rollover contribution shall be paid to the system on or before sixty (60) days after the date it was received by the member. Unless otherwise permitted by section 401(a)(8) of the Internal Revenue Code, forfeitures shall not be applied to increase the benefits that any employee would otherwise receive under the system.
 
(b)  No member is entitled to a refund of any contributions if he is employed for a salary by an employer.
 
9-3-425.  Right of members retired under terminated systems to retirement benefits from account; no prohibition to increase provided in W.S. 9-3-419.
 
Any member retired under one (1) of the terminated systems or continued in retirement under the system is entitled to receive service or disability retirement benefits from the retirement account in accordance with the terminated systems. This section does not prohibit an increase in benefits as provided for in W.S. 9-3-419(a).
 
9-3-426.  Benefits, allowances and contents of account exempt from taxation and not subject to execution or attachment; assignment limited; qualified domestic relations order; system assets.
 
(a)  The benefits and allowances and the cash and securities in the account created by this article:
 
(i)  Are exempt from any state, county or municipal tax of this state;
 
(ii)  Are not subject to execution or attachment by trustee process or otherwise, in law or equity, or under any other process whatsoever;
 
(iii)  Shall not be used for any purpose other than a purpose specified in W.S. 9-3-407(c); and
 
(iv)  Are not assignable except as specifically provided in this article.
 
(b)  Repealed by Laws 1993, ch. 149, § 2.
 
(c)  The retirement system including the Wyoming state highway patrol, game and fish warden and criminal investigator retirement program, any paid firemen's pension plan established under the firemen's pension account created by W.S. 15-5-202 and any plan through the volunteer firefighter and EMT pension account established under W.S. 35-9-617, shall pay retirement benefits in accordance with any qualified domestic relations order for the payment of a specified percentage of a member's benefits or account to an alternate payee, for a specified number of payments or period of time and from a specified retirement plan. Upon request of the alternate payee, a lump sum refund of the alternate payee's percentage of the member's account shall be paid pursuant to the qualified domestic relations order. Acceptance by the alternate payee of the lump sum refund terminates his right to any further payment or benefit provided by the retirement system. Notwithstanding any other provision of law, the retirement system is exempt from the qualified order unless:
 
(i)  Benefits are paid pursuant to the amount, type, form and options otherwise available under the retirement system and except as otherwise provided under this subsection, are paid upon or after the member's retirement or separation from service; and
 
(ii)  Joint survivor benefit options are not available to alternate payees.
 
(iii)  Repealed by Laws 1995, ch. 89, § 2.
 
(d)  The board shall review submitted domestic relations orders and shall promulgate rules and regulations for the determination of the qualified status of a submitted order and for the administration of distributions under the qualified order. Upon a determination that an order is qualified, the board shall notify the participating member and the named alternate payee of the qualified order.
 
(e)  For purposes of this section, "qualified domestic relations order" means any judgment, decree or order including approval of a property settlement agreement, which:
 
(i)  Relates to the provision of child or spousal support or to marital property rights of a spouse, former spouse, child or other dependent of a member;
 
(ii)  Is made pursuant to the domestic relations law of any state; and
 
(iii)  Creates or recognizes the existence of an alternate payee's right to, or assigns to an alternate payee the right to, receive all or a part of the member's account or of the benefits payable to the member.
 
9-3-427.  Other retirement plans prohibited.
 
The establishment of any annuity plan, limited service plan, pension or retirement system other than that provided by this article by any department, board, bureau or agency of the state or by any political subdivision of the state is prohibited, except this prohibition does not apply to the Wyoming state highway patrol, game and fish  warden and criminal investigator retirement program. Any county memorial hospital or special hospital district that elects to participate in the state retirement system shall not otherwise participate in any other retirement system.
 
9-3-428.  Construction of article; limitation of liability of state; termination of system.
 
(a)  Nothing in this article shall be construed to:
 
(i)  Acknowledge any past, present or future liability of or obligate the state of Wyoming for contribution except the employer's contributions provided for in this article, to either the Wyoming retirement system provided by this article or any other retirement system previously existing in the state of Wyoming; or
 
(ii)  Constitute a contract or binding obligation of any kind whatsoever or, except as provided in subsection (b) of this section to create or grant any vested right or interest in any individual, corporation or body politic.
 
(b)  If the system is terminated, all affected members have a nonforfeitable interest in their benefits that were accrued and funded to date. The value of the accrued benefits to be credited to the account of each affected member shall be calculated as of the date of termination.
 
(c)  Subject to subsection (a) of this section and W.S. 9-3-429(b), the legislature declares its intent that the system is intended to be a permanent system and has not been created for the purpose of income tax benefits.
 
9-3-429.  False statements and records prohibited; right to modify article.
 
(a)  Any person who knowingly makes a false statement or falsifies or permits to be falsified any record used in the administration of this article, in an attempt to defraud the board, is guilty of a misdemeanor.
 
(b)  The right to alter, amend or repeal this article or any provision thereof is reserved to the legislature.
 
9-3-430.  Application for benefits; benefit payment effective dates; minimum distribution rules.
 
(a)  A member shall submit a written application for benefits to the system before benefits shall begin.  The written application for benefits shall be on forms adopted by the board.
 
(b)  Benefits are payable the last day of the month following the month in which the member's final contributions and employer contributions are remitted to the system and the member has submitted a complete and accurate application under subsection (a) of this section. Retirement is effective the day following the member's last working day in the system or anytime after that time when the member qualifies under W.S. 9-3-415, 9-3-416 or 9-3-431.
 
(c)  Benefit payments under the system shall begin by the later of April 1 of the calendar year following the year in which the member reaches age seventy and one-half (70 1/2) years or retires.  The member's entire interest in the system shall be distributed over the life of the member or the lives of the member and a designated beneficiary, over a period not extending beyond the life expectancy of the member or the life expectancy of the member and designated beneficiary.  If a member dies after distribution of benefits has begun, the remaining portion of the member's interest shall be distributed at least as rapidly as under the method of distribution prior to the member's death.  If a member dies before distribution of benefits has begun, the entire interest of the member shall be distributed within five (5) years of the member's death.  The five (5) year payment rule shall not apply to any portion of the member's interest which is payable to a designated beneficiary over the life or life expectancy of the beneficiary and which begins within one (1) year after the date of the member's death.  The five (5) year payment rule shall not apply to any portion of the member's interest which is payable to a surviving spouse payable over the life or life expectancy of the spouse which begins not later than the date the member would have reached age seventy and one-half (70 1/2) years.  The board may by rule and regulation modify distributions under this section in order to provide minimum distributions required by section 401(a)(9) of the Internal Revenue Code or as otherwise necessary to retain qualified plan status under the Internal Revenue Code.
 
(d)  This section applies to benefits payable under W.S. 9-3-432.
 
9-3-431.  Firefighter members; contributions; benefit eligibility; service and disability retirement benefits; termination of benefits upon failure to make timely contribution payments.
 
(a)  In addition to contributions paid under W.S. 9-3-412 and 9-3-413, each firefighter member shall pay into the account nine and sixty-five hundredths percent (9.65%) of his salary to qualify for benefits under this section. The employer of the firefighter member may pay any or all of the employee contributions imposed under this subsection. The board may increase the contribution percentage required under this subsection by not more than one percent (1%), as necessary to maintain the actuarial integrity of the account as affected by benefits payable under this section. Payments under this subsection shall be made monthly to the account in accordance with W.S. 9-3-412 and 9-3-413.
 
(b)  Normal retirement benefits are payable under this section to any firefighter member who:
 
(i)  Has at least four (4) years of service credit as a firefighter member and is at least sixty (60) years of age;
 
(ii)  Has at least twenty-five (25) years of service credit as a firefighter member and is at least fifty (50) years of age; or
 
(iii)  Is at least fifty-five (55) years of age and has a combined total years of age and years of service credit as a firefighter member which equals not less than seventy-five (75).
 
(c)  Early retirement benefits are payable under this section to any firefighter member who:
 
(i)  Has at least four (4) but less than twenty-five (25) years of service credit as a firefighter member and is at least fifty (50) but less than sixty (60) years of age; or
 
(ii)  Is less than fifty (50) years of age and has at least twenty-five (25) years of service credit as a firefighter member.
 
(d)  The early retirement benefit amount payable under subsection (c) of this section is equal to the normal retirement benefit amount payable under subsection (b) of this section reduced to an actuarial equivalent amount as prescribed by rule and regulation of the board.
 
(e)  The normal benefit for a firefighter member under this section is equal to two and one-half percent (2 ½%) of the highest average salary, as defined by W.S. 9-3-402(a)(xix)(A), multiplied by the member's years of service credit as a firefighter member.
 
(f)  Upon retirement for a partial or total disability as determined and for which the member otherwise qualifies under W.S. 9-3-422, a firefighter member shall receive a monthly disability retirement benefit for the period of qualified disability equal to sixty-five percent (65%) of his salary at the time the disability was incurred.  Disability benefits are payable under this subsection for the life of the firefighter member or until the firefighter member is no longer disabled. The firefighter member is subject to reporting, evaluation and excess earnings deduction requirements imposed under W.S. 9-3-423.
 
(g)  The firefighter member retirement benefit program established under this section shall be discontinued by the board, and retirement benefits prescribed under this section shall be discontinued, if at any time contributions for all firefighter members required under subsection (a) of this section are not paid monthly to the retirement system when due as required by subsection (a) of this section. Upon termination of benefits under this subsection, the retirement benefits for firefighter members shall revert to and be paid under W.S. 9-3-415 and as otherwise prescribed for general members under this article. The firefighter member retirement program may be reactivated following application to and approval by the board and payment of the required contributions to cover both normal costs and any additional liability accruing during the period of program termination as determined by the system actuary. If benefits are terminated and not reactivated under this subsection, a firefighter member may receive additional benefits in proportion to the additional contributions paid on his behalf under this section, as determined by the system's actuary.
 
(h)  Benefits shall not be payable under the system to the extent that they exceed the limitations imposed by section 415(b) of the Internal Revenue Code.  The board shall provide any benefits in excess of the limitations under special pay plans authorized under W.S. 9-3-405(b) to the extent the benefits can be provided and the system retain qualified plan status under the Internal Revenue Code.
 
9-3-432.  Law enforcement officers; contributions; benefit eligibility; service and disability benefits; death benefits; benefit options.
 
(a)  Each law enforcement officer shall pay into the account eight and six-tenths percent (8.6%) of his salary to fund benefits provided to law enforcement officers. Any contribution required under this subsection or subsection (b) of this section shall be paid by the employer from the source of funds used to pay officer salaries in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, § 414(h). These payments by the employer are subject to W.S. 9-3-412(c).
 
(b)  Each employer of a law enforcement officer covered under this article shall pay into the account a contribution equal to eight and six-tenths percent (8.6%) of the salary paid to each of its law enforcement officers covered under this article and may pay into the account any amount of the officer's share of contributions under subsection (a) of this section. Payments under this subsection shall be made monthly to the account in accordance with W.S. 9-3-413 and are subject to the penalties imposed under W.S. 9-3-413 for delinquent contributions. No additional contribution shall be imposed upon the state, any city, town or county for benefits provided law enforcement officers under this article.
 
(c)  Normal retirement benefits are payable under this section to any law enforcement officer who:
 
(i)  Has at least four (4) years of service credit as a law enforcement officer and is at least sixty (60) years of age; or
 
(ii)  Has at least twenty (20) years of service credit as a law enforcement officer regardless of age.
 
(d)  Early retirement benefits are payable to any law enforcement officer who has at least four (4) years but less than twenty (20) years of service credit and is at least fifty (50) years of age.
 
(e)  The normal retirement benefit for a law enforcement officer under this section is equal to two and one-half percent (2.5%) of the highest average salary multiplied by the years of the officer's service credit, as determined under W.S. 9-3-417. The benefit under this subsection shall not exceed seventy-five percent (75%) of the officer's highest average salary. Notwithstanding W.S. 9-3-402(a)(xix), "highest average salary" as used in this section means the average annual salary of a law enforcement officer for the highest paid five (5) continuous years of service.
 
(f)  The early retirement benefit payable under subsection (d) of this section is equal to the normal retirement benefit payable under subsection (e) of this section reduced to an actuarial equivalent amount as prescribed by rule and regulation of the board.
 
(g)  Repealed By Laws 2012, Ch. 107, § 3.
 
(h)  Notwithstanding W.S. 9-3-422, any law enforcement officer in service for which contributions have been paid because of a duty connected illness or injury, or except as otherwise provided under this subsection, any law enforcement officer with ten (10) years of service credit under this article because of a nonduty connected illness or injury, may retire on account of a total or partial disability in accordance with rules and regulations adopted by the board. Any law enforcement officer previously covered under W.S. 15-5-301 through 15-5-314 and transferred under this article may because of a nonduty connected illness or injury and regardless of the number of years of service credit under this article, retire on account of total or partial disability. The board shall determine mental or physical incapacitation for disability retirement under this section in accordance with W.S. 9-3-422(a) and rules and regulation of the board, and the cost of any required examination or test shall be paid as provided by W.S. 9-3-422 and rule and regulation of the board. Any law enforcement officer receiving a nonduty-connected disability benefit under this section is subject to reporting, evaluation and excess earnings deduction requirements imposed under W.S. 9-3-423 and rule and regulation of the board. Upon retirement for a disability as determined and for which a member qualifies under this section, a law enforcement officer shall for the life of the officer or until the officer is no longer disabled, receive:
 
(i)  For a partial or total duty connected disability incurred, a monthly retirement benefit for the period of qualified disability equal to sixty-two and one-half percent (62.5%) of his salary at the time the disability was incurred;
 
(ii)  For a partial or total nonduty connected disability incurred, a monthly retirement benefit for the period of qualified disability equal to fifty percent (50%) of his salary at the time the disability was incurred.
 
(j)  Notwithstanding W.S. 9-3-421, any surviving spouse of an officer who dies in the scope of employment shall receive a monthly payment equal to sixty-two and one-half percent (62.5%) of the officer's salary at the time of death, plus six percent (6%) of that salary for each child under age eighteen (18), not to exceed one hundred percent (100%) of the officer's salary. Any surviving spouse of an officer who dies outside of the scope of employment shall receive a monthly payment equal to fifty percent (50%) of the officer's salary at the time of death, plus six percent (6%) of that salary for each child under age eighteen (18), not to exceed one hundred percent (100%) of the officer's salary. Notwithstanding any other provision in this subsection, any surviving spouse of any officer who retired under W.S. 15-5-301 through 15-5-314 shall receive a monthly pension equal to two-thirds (2/3) of the pension the retired law enforcement officer was receiving at the time of his death, plus sixty dollars ($60.00) for each child under age eighteen (18), not to exceed one hundred percent (100%) of the officer's salary.
 
(k)  Except as provided by subsection (j) of this section, benefits specified under W.S. 9-3-421 apply to beneficiaries of a deceased officer covered under this article.
 
(m)  Instead of the service retirement benefits provided under this section, any officer may elect one (1) of the forms of retirement benefits specified under W.S. 9-3-420. Unless otherwise provided by a benefit option selected by the officer under W.S. 9-3-420, if an officer receiving benefits or his beneficiary receiving benefits under this section dies before the total amount of benefits paid to either the member or his beneficiary or both equals the amount of the officer's account at retirement, then the excess, if any, shall be paid to any other named beneficiary, if any, or to the officer's estate.
 
(n)  Benefits shall not be payable under the system to the extent that they exceed the limitations imposed by section 415(b) of the Internal Revenue Code.  The board shall provide any benefits in excess of the limitations under special pay plans authorized under W.S. 9-3-405(b) to the extent the benefits can be provided and the system retain qualified plan status under the Internal Revenue Code.
 
(o)  Any peace officer as defined by W.S. 6-1-104(a)(vi)(P) shall be eligible for disability benefits and death benefits under this section if the peace officer’s disabilities or death are duty connected. Contributions for the benefits shall be paid as follows:
 
(i)  The department of state parks and cultural resources shall pay into the account from general or nongeneral fund sources a contribution equal to one percent (1%) of the salary paid to the officer. No additional contribution shall be imposed upon the state for benefits provided peace officers under this subsection;
 
(ii)  Contributions under this subsection shall be made monthly to the account in accordance with W.S. 9-3-413 and are subject to the provisions of W.S. 9-3-413 for delinquent contributions;
 
(iii)  Contributions under this subsection shall be paid by the employer from the source of funds used to pay peace officer salaries in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States Internal Revenue Code, § 414(h).
 
9-3-433.  Short title.
 
This act may be cited as the Uniform Management of Public Employee Retirement Systems (MPERS) Act.
 
9-3-434.  Definitions.
 
(a)  As used in this act:
 
(i)  "Administrator" means the director of the Wyoming retirement system;
 
(ii)  "Agent group of programs" means a group of retirement programs which shares administrative and investment functions but maintains a separate account for each retirement program so that assets accumulated for a particular program may be used to pay benefits only for that program's participants and beneficiaries;
 
(iii)  "Appropriate grouping of programs" means:
 
(A)  For defined benefit plans, a cost-sharing program or an agent group of programs; and
 
(B)  For defined contribution plans, a group of retirement programs which shares administrative and investment functions.
 
(iv)  "Beneficiary" means a person, other than the participant, who is designated by a participant or by a retirement program to receive a benefit under the program;
 
(v)  "Code" means the federal Internal Revenue Code of 1986, as amended;
 
(vi)  "Cost-sharing program" means a retirement program for the employees of more than one (1) public employer in which all assets accumulated for the payment of benefits may be used to pay benefits to any participants or beneficiaries of the program;
 
(vii)  "Defined benefit plan" means a retirement program other than a defined contribution plan;
 
(viii)  "Defined contribution plan" means a retirement program that provides for an individual account for each participant and for benefits based solely upon the amount contributed to the participant's account, and any income, expenses, gains and losses credited or charged to the account and any forfeitures of accounts of other participants that may be allocated to the participant's account;
 
(ix)  "Employee" includes an officer of a public employer;
 
(x)  "Fair value" means the amount that a willing buyer would pay a willing seller for an asset in a current sale, as determined in good faith by a fiduciary;
 
(xi)  "Fiduciary" means a person who:
 
(A)  Exercises any discretionary authority to manage a retirement system;
 
(B)  Exercises any authority to invest or manage assets of a system;
 
(C)  Provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so; or
 
(D)  Is a trustee or a member of a trustee board.
 
(xii)  "Furnish" means:
 
(A)  To deliver personally, to mail to the last known place of employment or home address of the intended recipient, or, if reasonable grounds exist to believe that the intended recipient would receive it in ordinary course, to transmit by any other usual means of communication;
 
(B)  To provide to the intended recipient's public employer if reasonable grounds exist to believe that the employer will make a good faith effort to deliver personally, by mail, or by other usual means of communication; or
 
(C)  To make available in an electronic format to be sent electronically to the intended recipient or to make available in an electronic format at a designated website.
 
(xiii)  "Governing law" means state and local laws establishing or authorizing the creation of a retirement program or system and the principal state and local laws and regulations governing the management of a retirement program or system or assets of either;
 
(xiv)  "Guaranteed benefit policy" means an insurance policy or contract to the extent the policy or contract provides for benefits in a guaranteed amount. The term includes any surplus in a separate account, but excludes any other portion of a separate account;
 
(xv)  "Insurer" means a company, service, or organization qualified to engage in the business of insurance in this state;
 
(xvi)  "Nonforfeitable benefit" means an immediate or deferred benefit that arises from a participant's service, is unconditional, and is enforceable against the retirement system;
 
(xvii)  "Participant" means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program, or whose beneficiaries are or may become eligible to receive a benefit. The term does not include an individual who is no longer an employee of a public employer and has not accrued any nonforfeitable benefits under that employer's retirement program;
 
(xviii)  "Public employer" means this state or any political subdivision, or any agency or instrumentality of this state or any political subdivision, whose employees are participants in a retirement program;
 
(xix)  "Qualified public accountant" means:
 
(A)  An auditing agency of this state or a political subdivision of this state which has no direct relationship with the functions or activities of a retirement system or its fiduciaries other than:
 
(I)  Functions relating to this act; or
 
(II)  A relationship between the system and the agency's employees as participants or beneficiaries on the same basis as other participants and beneficiaries; or
 
(B)  A person who is an independent certified public accountant, certified or licensed by a regulatory authority of a state.
 
(xx)  "Related person" of an individual means:
 
(A)  The individual's spouse or a parent or sibling of the spouse;
 
(B)  The individual's descendant, sibling or parent, or the spouse of the individual's descendant, sibling or parent;
 
(C)  Another individual residing in the same household as the individual;
 
(D)  A trust or estate in which an individual described in subparagraph (A), (B) or (C) has a substantial interest;
 
(E)  A trust or estate for which the individual has fiduciary responsibilities; or
 
(F)  An incompetent, ward or minor for whom the individual has fiduciary responsibilities.
 
(xxi)  "Retirement program" means a program of rights and obligations which a public employer establishes or maintains and which, by its express terms or as a result of surrounding circumstances:
 
(A)  Provides retirement income to employees; or
 
(B)  Results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.
 
(xxii)  "Retirement system" means an entity established or maintained by a public employer to manage one (1) or more retirement programs, or to invest or manage the assets of one (1) or more retirement programs;
 
(xxiii)  "Trustee" means a person who has ultimate authority to manage a retirement system or to invest or manage its assets;
 
(xxiv)  "This act" means W.S. 9-3-433 through 9-3-452.
 
9-3-435.  Scope.
 
(a)  This act applies to all retirement programs and retirement systems, except:
 
(i)  A retirement program that is unfunded and is maintained by a public employer solely for the purpose of providing deferred compensation for a select group of management employees or employees who rank in the top five percent (5%) of employees of that employer based on compensation;
 
(ii)  A severance-pay arrangement under which:
 
(A)  Payments are made solely on account of the termination of an employee's service and are not contingent upon the employee's retiring;
 
(B)  The total amount of the payments does not exceed the equivalent of twice the employee's total earnings from the public employer during the year immediately preceding the termination of service; and
 
(C)  All payments are completed within twenty-four (24) months after the termination of service.
 
(iii)  An arrangement or payment made on behalf of an employee because the employee is covered by Title II of the Social Security Act, as amended (42 U.S.C. Section 401 et seq.);
 
(iv)  A qualified governmental excess benefit arrangement within the meaning of section 415(m) of the code;
 
(v)  An individual retirement account or individual retirement annuity within the meaning of section 408 of the code;
 
(vi)  A retirement program consisting solely of annuity contracts or custodial accounts satisfying the requirements of section 403(b) of the code; or
 
(vii)  A program maintained solely for the purpose of complying with workers' compensation laws or disability insurance laws.
 
9-3-436.  Establishment of trust.
 
(a)  Except as otherwise provided in subsection (b) of this section, all assets of a retirement system are held in trust for the exclusive benefit of the members, retirees and beneficiaries of the system, including reasonable administrative expenses.  The trustee has the exclusive authority, subject to this act, to invest and manage those assets.
 
(b)  Assets of a retirement system which consist of insurance contracts or policies issued by an insurer, assets of an insurer, and assets of the system held by an insurer need not be held in trust.
 
(c)  If an insurer issues a guaranteed benefit policy to a retirement system, assets of the system include the policy but not assets of the insurer.
 
(d)  If a retirement system invests in a security issued by an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.), the assets of the system include the security, but not assets of the investment company.
 
9-3-437.  Powers of trustee.
 
(a)  In addition to other powers conferred by the governing law, a trustee has exclusive authority, consistent with the trustee's duties under this act, to:
 
(i)  Establish an administrative budget sufficient, subject to legislative approval, to perform the trustee's duties and, as appropriate and reasonable, draw upon assets of the retirement system to fund the budget;
 
(ii)  Obtain by employment or contract the services necessary to exercise the trustee's powers and perform the trustee's duties, including actuarial, auditing, custodial, investment and legal services; and
 
(iii)  Procure and dispose of the goods and property necessary to exercise the trustee's powers and perform the trustee's duties.
 
9-3-438.  Delegation of functions.
 
(a)  A trustee or administrator may delegate functions that a prudent trustee or administrator acting in a like capacity and familiar with those matters could properly delegate under the circumstances.
 
(b)  The trustee or administrator shall exercise reasonable care, skill and caution in:
 
(i)  Selecting an agent;
 
(ii)  Establishing the scope and terms of the delegation, consistent with the purposes and terms of the retirement program; and
 
(iii)  Periodically reviewing the agent's performance and compliance with the terms of the delegation.
 
(c)  In performing a delegated function, an agent owes a duty to the retirement system and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by W.S. 9-3-439.
 
(d)  A trustee or administrator who complies with subsections (a) and (b) of this section is not liable to the retirement system or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.
 
(e)  By accepting the delegation of a function from the trustee or administrator, an agent submits to the jurisdiction of the courts of this state.
 
(f)  A trustee may limit the authority of an administrator to delegate functions under this section.
 
9-3-439.  General duties of trustee and fiduciary.
 
(a)  A trustee or other fiduciary shall discharge duties with respect to a retirement system:
 
(i)  Solely in the interest of the participants and beneficiaries;
 
(ii)  For the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
 
(iii)  With the care, skill and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
 
(iv)  Impartially, taking into account any differing interests of participants and beneficiaries;
 
(v)  Incurring only costs that are appropriate and reasonable; and
 
(vi)  In accordance with a good-faith interpretation of the law governing the retirement program and system.
 
9-3-440.  Duties of trustee in investing and managing assets of retirement system.
 
(a)  In investing and managing assets of a retirement system pursuant to W.S. 9-3-439, a trustee with authority to invest and manage assets:
 
(i)  Shall consider among other circumstances:
 
(A)  General economic conditions;
 
(B)  The possible effect of inflation or deflation;
 
(C)  The role that each investment or course of action plays within the overall portfolio of the retirement program or appropriate grouping of programs;
 
(D)  The expected total return from income and the appreciation of capital;
 
(E)  Needs for liquidity, regularity of income and preservation or appreciation of capital; and
 
(F)  For defined benefit plans, the adequacy of funding for the plan based on reasonable actuarial factors.
 
(ii)  Shall diversify the investments of each retirement program or appropriate grouping of programs unless the trustee reasonably determines that, because of special circumstances, it is clearly prudent not to do so;
 
(iii)  Shall make a reasonable effort to verify facts relevant to the investment and management of assets of a retirement system;
 
(iv)  May invest in any kind of property or type of investment consistent with this act; and
 
(v)  May consider benefits created by an investment in addition to investment return only if the trustee determines that the investment providing these collateral benefits would be prudent even without the collateral benefits.
 
(b)  A trustee with authority to invest and manage assets of a retirement system shall adopt a statement of investment objectives and policies for each retirement program or appropriate grouping of programs. The statement shall include the desired rate of return on assets overall, the desired rates of return and acceptable levels of risk for each asset class, asset-allocation goals, guidelines for the delegation of authority and information on the types of reports to be used to evaluate investment performance. At least annually, the trustee shall review the statement and change or reaffirm it.
 
9-3-441.  Special application of duties.
 
(a)  A trustee may return a contribution to a public employer or employee, or make alternative arrangements for reimbursement, if the trustee determines the contribution was made because of a mistake of fact or law.
 
(b)  Upon termination of a retirement program, a trustee may return to a public employer any assets of the program remaining after all liabilities of the program to participants and beneficiaries have been satisfied.
 
(c)  If a retirement program provides for individual accounts and permits a participant or beneficiary to exercise control over the assets in such an account and a participant or beneficiary exercises control over those assets:
 
(i)  The participant or beneficiary is not a fiduciary by reason of the exercise of control; and
 
(ii)  A person who is otherwise a fiduciary is not liable for any loss, or by reason of any breach of fiduciary duty, resulting from the participant's or beneficiary's exercise of control.
 
(d)  If an insurer issues to a retirement system a contract or policy that is supported by the insurer's general account, but is not a guaranteed benefit policy, the insurer complies with W.S. 9-3-439 if it manages the assets of the general account with the care, skill and caution under the circumstances then prevailing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose, taking into account all obligations supported by the general account.
 
9-3-442.  Reviewing compliance.
 
(a)  Compliance by a trustee or other fiduciary with W.S. 9-3-438 through 9-3-440 shall be determined in light of the facts and circumstances existing at the time of the trustee or fiduciary's decision or action and not by hindsight.
 
(b)  A trustee's investment and management decisions shall be evaluated not in isolation but in the context of the trust portfolio as a whole and as a part of an overall investment strategy having risk and return objectives reasonably suited to the program or appropriate grouping of programs.
 
9-3-443.  Liability of trustee or other fiduciary.
 
(a)  Except as provided in subsection (e) of this section, a trustee or other fiduciary who breaches a duty imposed by this act is personally liable to a retirement system for any losses resulting from the breach and any profits made by the trustee or other fiduciary through use of assets of the system by the trustee or other fiduciary. The trustee or other fiduciary is subject to other equitable remedies as the court considers appropriate, including removal.
 
(b)  An agreement that purports to limit the liability of a trustee or other fiduciary for a breach of duty under this act is void.
 
(c)  A retirement system may insure itself against liability or losses occurring because of a breach of duty under this act by a trustee or other fiduciary.
 
(d)  A trustee or other fiduciary may insure against liability or losses occurring because of a breach of duty under this act if the insurance is purchased or provided either by the trustee or fiduciary personally or, on the trustee or fiduciary's behalf, by this state, the retirement system, a public employer whose employees participate in a retirement program served by the trustee or fiduciary, an employee representative whose members participate in a retirement program served by the trustee or fiduciary or the trustee or fiduciary's employer.
 
(e)  Notwithstanding subsection (a) of this section and as provided in the Wyoming Governmental Claims Act, individual board members of a retirement system are immune from liability while acting within the scope of administering and operating a retirement system and are not personally liable for breaches of fiduciary duties in carrying out system administration and operation except in cases of willful misconduct, intentional torts or illegal acts.
 
9-3-444.  Open meetings and records.
 
(a)  A multimember body having authority to invest or manage assets of a retirement system may deliberate about, or make tentative or final decisions on, investments or other financial matters in executive session if disclosure of the deliberations or decisions would jeopardize the ability to implement a decision or to achieve investment objectives.
 
(b)  A record of a retirement system that discloses deliberations about, or a tentative or final decision on, investments or other financial matters is not a public record under the Wyoming Public Records Act, W.S. 16-4-201 through 16-4-205 to the extent and so long as its disclosure would jeopardize the ability to implement an investment decision or program or to achieve investment objectives.
 
9-3-445.  Disclosure to public.
 
(a)  An administrator of a retirement system shall prepare and disseminate:
 
(i)  A summary plan description of each retirement program;
 
(ii)  A summary description of any material modification in the terms of the program and any material change in the information required to be contained in the summary plan description, to the extent the modification or change has not been integrated into an updated summary plan description;
 
(iii)  An annual disclosure of financial and actuarial status; and
 
(iv)  An annual report.
 
(b)  An administrator shall make available for public examination in the principal office of the administrator and in other places if necessary to make the information reasonably available to participants:
 
(i)  The governing law of the retirement program and system;
 
(ii)  The most recent summary plan description;
 
(iii)  Summary descriptions of modifications or changes described in paragraph (a)(ii) of this section that have been provided to participants and beneficiaries but not yet integrated into the summary plan description;
 
(iv)  The most recent annual disclosure of financial and actuarial status; and
 
(v)  the most recent annual report.
 
(c)  Upon written request by a participant, beneficiary or member of the public, the administrator shall provide a copy of any publication described in subsection (b) of this section. Except as otherwise provided in W.S. 9-3-446(a), the administrator may charge a reasonable fee to cover the cost of providing copies and shall provide the copies within thirty (30) days after receiving payment.
 
9-3-446.  Disclosure to participants and beneficiaries.
 
(a)  An administrator shall furnish to each participant and to each beneficiary who is receiving benefits under a retirement program:
 
(i)  A copy of the most recent summary plan description, along with any summary descriptions of modifications or changes described in W.S. 9-3-445(a)(ii), within three (3) months after a person becomes a participant or, in the case of a beneficiary, within three (3) months after a person first receives benefits, or, if later, within four (4) months after the retirement program becomes subject to this act;
 
(ii)  The summary description of any modifications or changes described in W.S. 9-3-445(a)(ii), within seven (7) months after the end of the fiscal year in which a modification or change has been made;
 
(iii)  A copy of an updated summary plan description that integrates all modifications and changes at intervals not exceeding five (5) years; and
 
(iv)  The annual report within seven (7) months after the end of each fiscal year.
 
(b)  An administrator shall provide to a participant or beneficiary a statement containing information that would permit the participant or beneficiary to estimate projected benefits reasonably, to the extent the information is regularly maintained by the retirement system. The information shall be provided with the annual report or upon written request of the participant or beneficiary. The information need not be provided to a participant or beneficiary who is currently receiving benefits.
 
(c)  A participant who is not currently receiving benefits is entitled without charge to one (1) statement under subsection (b) of this section during any fiscal year. The administrator may charge a reasonable fee to cover the cost of providing other statements. The administrator shall provide the statements within thirty (30) days after the participant or beneficiary's request or, if a fee is charged, within thirty (30) days after receiving payment.
 
9-3-447.  Reports to agency.
 
(a)  An administrator shall file with the retirement system a copy of:
 
(i)  The governing law of the retirement program and system within four (4) months after the system becomes subject to this act and an updated copy at least once every year thereafter;
 
(ii)  The summary plan description within four (4) months after the system becomes subject to this act and of updated summary plan descriptions at the same time they are first furnished to any participant or beneficiary under W.S. 9-3-446(a)(iii);
 
(iii)  Any summary description of modifications or changes within seven (7) months after the end of the fiscal year in which a modification or change has been made; and
 
(iv)  The annual disclosure of financial and actuarial status and annual report within seven (7) months after the end of each fiscal year.
 
9-3-448.  Summary plan description.
 
(a)  A summary plan description and a summary description of modifications or changes under W.S. 9-3-445(a)(ii) shall be written in a manner calculated to be understood by the average participant and be accurate and sufficiently comprehensive reasonably to inform the participants and beneficiaries of their rights and obligations under the retirement program.
 
(b)  A summary plan description shall contain:
 
(i)  The name of the retirement program and system and type of administration;
 
(ii)  The name and business address of the administrator;
 
(iii)  The name and business address of each agent for service of process;
 
(iv)  Citations to the governing law of the retirement program and system;
 
(v)  A description of the program's requirements respecting eligibility for participation and benefits;
 
(vi)  A description of the program's provisions providing for nonforfeitable benefits;
 
(vii)  A description of circumstances that may result in disqualification, ineligibility or denial or loss of benefits;
 
(viii)  A description of the benefits provided by the program, including the manner of calculating benefits and any benefits provided for spouses and survivors;
 
(ix)  The source of financing of the program;
 
(x)  The identity of any organization through which benefits are provided;
 
(xi)  The date the fiscal year ends;
 
(xii)  The procedures to claim benefits under the program and the administrative procedures available under the program for the redress of claims that are denied in whole or in part; and
 
(xiii)  Notice of the availability of additional information pursuant to W.S. 9-3-445(b) and (c), 9-3-446(b) and (c) and 9-3-447.
 
9-3-449.  Annual disclosure of financial and actuarial status.
 
(a)  An annual disclosure of financial and actuarial status shall contain:
 
(i)  The name of the retirement system and identification of each retirement program and, when programs are in an appropriate grouping of programs, of each appropriate grouping of programs;
 
(ii)  The name and business address of the administrator;
 
(iii)  The name and business address of each trustee and each member of a trustee board and a brief description of how the trustee or member was selected;
 
(iv)  The name and business address of each agent for the service of process;
 
(v)  The number of employees covered by each retirement program not in an appropriate grouping of programs, or by each appropriate grouping of programs, or both;
 
(vi)  The name and business address of each fiduciary;
 
(vii)  The current statement of investment objectives and policies required by W.S. 9-3-440(b);
 
(viii)  Financial statements and notes to the financial statements in conformity with generally accepted accounting principles;
 
(ix)  An opinion on the financial statements by a qualified public accountant in conformity with generally accepted auditing standards;
 
(x)  In the case of a defined benefit plan, actuarial schedules and notes to the actuarial schedules in conformity with generally accepted actuarial principles and practices for measuring pension obligations;
 
(xi)  In the case of a defined benefit plan, an opinion by a qualified actuary that the actuarial schedules are complete and accurate to the best of the actuary's knowledge, that each assumption and method used in preparing the schedules is reasonable, that the assumptions and methods in the aggregate are reasonable, and that the assumptions and methods in combination offer the actuary's best estimate of anticipated experience;
 
(xii)  A description of any material interest, other than the interest in the retirement program itself, held by any public employer participating in the system or any employee organization representing employees covered by the system in any material transaction with the system within the last three (3) years or proposed to be effected;
 
(xiii)  A description of any material interest held by any trustee, administrator or employee who is a fiduciary with respect to the investment and management of assets of the system, or by a related person, in any material transaction with the system within the last three (3) years or proposed to be effected;
 
(xiv)  A schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one (1), three (3), five (5) and ten (10) year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
 
(xv)  A schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five (5) fiscal years; and
 
(xvi)  A schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, lessor or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, cost and fair value and identifying any asset that is in default or classified as uncollectible.
 
9-3-450.  Annual report.
 
(a)  An annual report shall contain:
 
(i)  The name and business address of each trustee and each member of a trustee board;
 
(ii)  The financial statements, but not the notes, required by W.S. 9-3-449(a)(viii);
 
(iii)  For defined benefit plans, the actuarial schedules, but not the notes, required by W.S. 9-3-449(a)(x);
 
(iv)  The schedules described in W.S. 9-3-449(a)(xiv) and (xv);
 
(v)  A brief description of and information about how to interpret the statements and schedules;
 
(vi)  Other material necessary to summarize fairly and accurately the annual disclosure of financial and actuarial status; and
 
(vii)  Notice of the availability of additional information pursuant to W.S. 9-3-445(b) and (c), 9-3-446(b) and (c) and 9-3-447.
 
9-3-451.  Enforcement.
 
(a)  An action may be maintained by:
 
(i)  A public employer, participant, beneficiary or fiduciary for any one (1) or more of the following purposes:
 
(A)  To enjoin an act, practice or omission that violates this act;
 
(B)  For appropriate equitable relief for a breach of trust under W.S. 9-3-443;
 
(C)  For other appropriate equitable relief to redress the violation of or to enforce this act; or
 
(ii)  The retirement system to enjoin any violation of W.S. 9-3-447.
 
(b)  In an action under this section by a participant, beneficiary or fiduciary, the court may award reasonable attorney fees and costs to either party.
 
9-3-452.  Alienation of benefits.
 
Benefits of a retirement program may not be assigned or alienated and shall be exempt from claims of creditors, except as otherwise provided by state law.
 
9-3-453.  Public employee retirement plans; funding; legislative findings; required determinations for benefit increases.
 
(a)  The legislature finds:
 
(i)  Wyoming public employee retirement plans' actuarial funding levels are higher than many public employee retirement plans in other states, but as constructed by statute, the Wyoming plans were not intended to and cannot support cost of living or other benefit increases.  Numerous indicators support this conclusion;
 
(ii)  The ratio of the actuarial value of assets to the actuarial accrued liability, or the "funded ratio" is a standard measure of a plan's funded status at a given point in time. Funded ratios of the various retirement plans were as follows:
 
(A)  The public employee retirement plan administered by the Wyoming retirement board under W.S. 9-3-401 through 9-3-430 had a funded ratio of eighty-four and six-tenths percent (84.6%) as of January 1, 2011, down from eighty-seven and five-tenths percent (87.5%) on January 1, 2010.  On a market value of assets basis, the plan's funded ratio was eighty and one-tenth percent (80.1%) as of January 1, 2011, an improvement from seventy-five and seven-tenths percent (75.7%) as of January 1, 2010;
 
(B)  The Wyoming state highway patrol, game and fish warden and criminal investigator retirement plan administered by the Wyoming retirement board under W.S. 9-3-601 through 9-3-620, had a funded ratio of eighty-four and one-tenth percent (84.1%) as of January 1, 2011, down from eighty-seven and four-tenths percent (87.4%) on January 1, 2010. On a market value of assets basis, the funded ratio was seventy-nine and four-tenths percent (79.4%) as of January 1, 2011, an improvement from seventy-five and three-tenths percent (75.3%) as of January 1, 2010;
 
(C)  The law enforcement plan administered by the Wyoming retirement board under W.S. 9-3-401 through 9-3-432, had a funded ratio of ninety-nine and nine-tenths percent (99.9%) as of January 1, 2011, down from one hundred two and two-tenths percent (102.2%) as of January 1, 2010. On a market value of assets basis, the plan's funded ratio was ninety-five and three-tenths percent (95.3%) as of January 1, 2011, an improvement from eighty-nine percent (89.0%) as of January 1, 2010;
 
(D)  The judicial retirement plan administered by the Wyoming retirement board under W.S. 9-3-701 through 9-3-713, had a funded ratio of one hundred eight and five-tenths percent (108.5%) as of January 1, 2011, slightly up from one hundred eight and two-tenths percent (108.2%) on January 1, 2010. On a market value of assets basis, the plan's funded ratio was one hundred four and four-tenths percent (104.4%) as of January 1, 2011 an improvement from ninety-five and one-tenth percent (95.1%) as of January 1, 2010;
 
(E)  The paid firemen plan B, administered by the Wyoming retirement board under W.S. 15-5-401 through 15-5-422, had a funded ratio of one hundred fifteen and seven-tenths percent (115.7%) as of January 1, 2011, down from one hundred sixteen and two-tenths percent (116.2%) as of January 1, 2010. On a market value of assets basis, the plan's funded ratio was one hundred eleven and three-tenths percent (111.3%) as of January 1, 2011, an improvement from one hundred two percent (102.0%) as of January 1, 2010;
 
(F)  The air national guard firefighters plan administered by the Wyoming retirement board under W.S. 9-3-401 through 9-3-431 had a funded ratio of seventy-seven and four-tenths percent (77.4%) as of January 1, 2011.  On a market value of assets basis, the plan's funded ratio was eighty and one-tenth percent (80.1%) as of January 1, 2011.  2011 was the first year this plan was isolated for review from the public employees plan under W.S. 9-3-401 through 9-3-430;
 
(G)  The paid firemen plan A administered by the Wyoming retirement board under W.S. 15-5-201 through 15-5-209, had a funded ratio of eighty-five and six-tenths percent (85.6%) as of January 1, 2011 down from ninety-one and two-tenths percent (91.2%) as of January 1, 2010. On a market value of assets basis, the plan's funded ratio was seventy-eight and nine-tenths percent (78.9%) as of January 1, 2011, an improvement from seventy-six and seven-tenths percent (76.7%) as of January 1, 2010;
 
(H)  The volunteer firefighters plan administered by the volunteer fireman's pension board under W.S. 35-9-601 through 35-9-615, had a funded ratio of one hundred four and six-tenths percent (104.6%) as of January 1, 2011, down from one hundred eight and nine-tenths percent (108.9%) as of January 1, 2010. On a market value of assets basis, the plan's funded ratio was ninety-eight and six-tenths percent (98.6%) as of January 1, 2011, an improvement from ninety-three and five-tenths percent (93.5%) as of January 1, 2010;
 
(J)  The volunteer emergency medical technician's plan, administered by the volunteer emergency medical technician's pension board under W.S. 35-29-101 through 35-29-112, had a funded ratio of one hundred seventeen and eight-tenths percent (117.8%) as of January 1, 2011, up from eighty-three and six-tenths percent (83.6%) as of January 1, 2010. On a market value of assets basis, the plan's funded ratio was one hundred twenty-nine and five-tenths percent (129.5%) as of January 1, 2011, an improvement from ninety and seven-tenths percent (90.7%) as of January 1, 2010.  While the funded ratio has increased, reliance on the improvement as an indication of this plan's financial health would be misplaced as the legislation establishing the plan provided a general fund appropriation of nine hundred seventy-eight thousand two hundred dollars ($978,200.00) to fund the difference between the actuarially determined premium for participation in the plan and the contributions required by law.  The contributions required by law are insufficient to support the stated benefits under the plan and no long term external funding source was provided when the plan was established, nor thereafter.
 
(iii)  All of the funded ratios specified in paragraph (ii) of this subsection, except for the paid firemen's plan A, were calculated with the assumptions of no benefit increases or additional cost-of-living adjustment increases;
 
(iv)  Actuarial funded ratios at any single point in time disclose only a portion of the soundness of the retirement plans.  Underlying the ratios is an assumed eight percent (8%) investment return (composed of a three and one-half percent (3.5%) inflation rate and a four and one-half percent (4.5%) net real rate of return) on each of the various funds.  The average market value returns for the largest plan under the board's administration has been three and sixty-three hundredths percent (3.63%) for the last five (5) years and four and twenty-three hundredths percent (4.23%) for the last ten (10) years, both well below the assumed eight percent (8%).  The retirement system's actuary has stated: "Even seemingly minor changes in the assumptions can materially change the liabilities, calculated contribution rates and funding periods."  Investment returns of less than one-half (1/2) of the assumed rate is a major deviation from assumptions;
 
(v)  Where the current actuarial value of assets is higher than the market value of assets, continued recovery in the investment markets will be needed over the next few years, annual returns in excess of the assumed investment return of eight percent (8.0%), to keep the plans' funded ratios and unfunded actuarial accrued liability relatively stable in the short term;
 
(vi)  While investments in markets have been authorized by constitutional amendment for retirement funds and supported by legislative authorization, if annual realized returns are lower than assumed or higher than assumed, the funded ratios are respectively overstated or understated;
 
(vii)  The public employee plan administered under W.S. 9-3-401 through 9-3-430 has by far the largest membership as it contains eighty-eight and six-tenths percent (88.6%) of the membership of all public employee retirement plans administered by the Wyoming retirement board.  The actuarial funded ratio for this plan has dropped from one hundred thirteen and seventy-seven hundredths percent (113.77%) in 2001 to eighty-four and fifty-nine hundredths percent (84.59%) in 2011, even though the actuarial accrued liability in 2001 was calculated using the maximum cost-of-living adjustment authorized by statute and the 2011 liability was calculated using no cost-of-living liability.  In light of the lower funded ratio, the Wyoming retirement board recommended and the Legislature enacted in 2010 a combined employer and employee contribution increase from eleven and twenty-five hundredths percent (11.25%) to fourteen and twelve hundredths percent (14.12%) effective September 1, 2010;
 
(viii)  Actuarial funded ratios have fallen over the past decade for all other plans identified in this section, other than the judicial retirement plan.  The funded ratio of the volunteer firefighter's plan and the firefighter's plan B have dropped by over fifty (50) percentage points.  These decreases were incurred in spite of a change in assumptions from a maximum cost-of-living increase allowed by statute to no cost-of-living increase, except for the paid firemen plan A;
 
(ix)  From 1991 through 2008, cost-of-living increases ranging from one percent (1%) to three percent (3%) were provided for eighteen (18) consecutive years in the largest public employee retirement plan, resulting in cumulative increases in an employee's benefit amount ranging from one and three-hundredths (1.03%) for employees first eligible for a cost-of-living adjustment in 2008 to thirty-four percent (34%) for those eligible for a cost-of-living adjustment in 1991;
 
(x)  Other benefit increases have been provided by legislation, including a 2001 enactment of an increased benefit multiplier for each year of service in the largest plan, which resulted in an increased cost of over five hundred twenty-one million dollars ($521,000,000.00) through July 1, 2011. An ad hoc increase of three dollars ($3.00) per month per year of service made in the same legislation resulted in over two hundred seventeen million dollars ($217,000,000.00) in increased costs to the plan over the same period;
 
(xi)  As of January 1, 2011, it is estimated that over forty (40) years will be required until the largest public employee plan currently administered by the Wyoming retirement board meets a one hundred percent (100%) actuarial funded ratio.  Other plans administered by the Wyoming retirement board, volunteer firefighters pension board and volunteer emergency medical technician's pension board have higher or lower funded ratios;
 
(xii)  Stability in providing stated benefits is a critical feature of a retirement plan.  With large portions of public employee retirement plans invested in markets and with market fluctuations having a significant effect on funded ratios, actuarial funded ratios in excess of one hundred percent (100%) are necessary to maximize stability in providing stated benefits;
 
(xiii)  It is the intent of the legislature that all public employee retirement plans be managed to maintain an actuarial funded ratio of not less than one hundred percent (100%) and that the retirement board determine from time to time an appropriate level of funding sufficient to withstand market fluctuations without experiencing reductions below the desired one hundred percent (100%) funding ratio;
 
(xiv)  It is the intent of the legislature that cost-of-living increases and changes to multipliers be allowed only in the event that the actuarial funded level for the affected plan remains above one hundred percent (100%), plus the additional percentage the retirement board determines is reasonably necessary to withstand market fluctuations.  This determination is to be made for the entire amortization period affected by the change using then current actuarial assumptions.
 
9-3-454.  Required determinations for recommended benefit increases.
 
(a)  In accordance with the findings specified in W.S. 9-3-453:
 
(i)  All plans shall be managed to maintain their actuarial funded ratio at or above one hundred percent (100%) throughout the life of the plan.  The actual funded ratio recommended by the board shall provide for an appropriate margin above this funding ratio to allow for market fluctuations above the one hundred percent (100%) base;
 
(ii)  No benefit changes, including cost-of-living increases and changes to multipliers, shall be recommended for implementation by the legislature unless the system’s actuaries provide an opinion that the funded ratio of the plan will remain above the funding level set out in paragraph (i) of this subsection throughout the life of the benefit change;
 
(iii)  Any analysis upon which a proposed benefit change is proposed shall include a decision matrix which shall include the following minimum elements:
 
(A)  Consideration of the current actuarial value in relation to current market value of assets;
 
(B)  A fully amortized cost over the full applicable term of the benefit increase;
 
(C)  Current and expected actuarial funded ratios with and without the increase;
 
(D)  A review of assumptions made in determining funded ratios and a review of anticipated funded ratios with differing investment return assumptions;
 
(E)  Recognition of potential effects of the increase on plan participants' working and retirement periods;
 
(F)  The potential isolation, by establishment of separate accounts, of the liability incurred as a result of the cost of living or other benefit increase;
 
(G)  The appropriate level of actuarial funding ratio above one hundred percent (100%) needed to buffer the plan from market fluctuations.
 
(b)  Nothing in this section shall affect the authority of the board to grant a cost-of-living adjustment as authorized by W.S. 15-5-204.