2012 Wyoming Statutes
TITLE 35 - PUBLIC HEALTH AND SAFETY
CHAPTER 9 - FIRE PROTECTION
35-9-608. Benefits enumerated; death of participant or spouse; amount and payment of contributions; withdrawal from plan.
(a) When any participating member shall attain the retirement age corresponding to his entry age as set forth in the table contained in subsection (d) hereof, the board shall authorize the payment monthly to the member during his remaining lifetime of an amount equal to the member's pension benefit corresponding to his entry age as set forth in the table.
(b) When any participating member dies, the board shall authorize payment monthly to the member's surviving spouse during the spouse's remaining lifetime of an amount equal to the surviving spouse's benefit corresponding to the member's entry age as set forth in subsection (d) of this section.
(c) When any participating member and his spouse dies with children who have not attained the age of twenty-one (21) years, the board shall authorize payment monthly to the lawful guardian of each child of an amount equal to the children's benefit corresponding to the entry age of the member as set forth in subsection (d) of this section.
(d) The following table sets forth the member's pension benefit, surviving spouse's benefit and children's benefit for all entry ages. The amounts set forth in this table are applicable to members participating on a twelve dollars and fifty cents ($12.50) per month contribution basis:
Age at
Entry
Into Ret. Member Spouse Children
Plan Age Pension Benefit Benefit
15 60 691.44 460.96 230.48
16 60 673.46 448.97 224.49
17 60 655.48 436.99 218.49
18 60 637.50 425.00 212.50
19 60 619.52 413.01 206.51
20 60 601.54 401.02 200.51
21 60 583.56 389.04 194.52
22 60 565.58 377.05 188.53
23 60 547.59 365.06 182.53
24 60 529.61 353.08 176.54
25 60 510.82 340.54 170.27
26 60 493.65 329.10 164.55
27 60 475.67 317.11 158.56
28 60 457.69 305.13 152.56
29 60 439.71 293.14 146.57
30 60 421.73 281.15 140.58
31 60 403.75 269.17 134.58
32 60 385.77 257.18 128.59
33 60 367.79 245.19 122.60
34 60 349.81 233.20 116.60
35 60 331.83 221.22 110.61
36 60 318.75 212.50 106.25
37 60 305.67 203.78 101.89
38 60 292.60 195.06 97.53
39 60 279.52 186.35 93.17
40 60 266.44 177.63 88.81
41 60 253.36 168.91 84.45
42 60 240.29 160.19 80.10
43 60 227.21 151.47 75.74
44 60 214.13 142.76 71.38
45 60 201.06 134.04 67.02
46 61 201.06 134.04 67.02
47 61 192.88 128.59 64.29
48 62 192.88 128.59 64.29
49 62 184.71 123.14 61.57
50 63 184.71 123.14 61.57
51 63 176.54 117.69 58.85
52 64 176.54 117.69 58.85
53 64 168.36 112.24 56.12
54 65 168.36 112.24 56.12
55 65 160.19 106.79 53.40
56 66 160.19 106.79 53.40
57 66 152.02 101.35 50.67
58 67 152.02 101.35 50.67
59 67 143.85 95.90 47.95
60 68 143.85 95.90 47.95
61 68 135.67 90.45 45.22
62 69 135.67 90.45 45.22
63 69 127.50 85.00 42.50
64 70 127.50 85.00 42.50
65 70 119.33 79.55 39.78
(e) A volunteer fireman shall become a participating member in the pension plan under this section for each month there is contributed by or on behalf of the member an amount of twelve dollars and fifty cents ($12.50) per month. For the purpose of eligibility for benefits under subsections (b), (c) and (g) of this section, a volunteer fireman shall become a participating member beginning with the first month following the month in which the required monthly payment and any required application for participation is actually received by the Wyoming retirement system at its office in Cheyenne. For the purpose of continuing as a participating member, subsequent monthly payments must be received by the Wyoming retirement system at its offices in Cheyenne no later than three (3) months following the close of the calendar month for which they are applicable. With the consent of and upon any terms and conditions established by the board, payments may be accepted at an earlier or later date. The board shall maintain full and complete records of the contributions made on behalf of each participating member and on request shall furnish any participating member a statement showing the amounts of contributions and the dates for which contributions were received. On the death or retirement of any participating member, his entry age shall be determined by the board to be the earliest date from which contributions have been continuously received by the board for the member. If contributions have varied in amount, the board may make appropriate adjustments in the benefits awarded. In making any adjustment, the board shall be guided by sound actuarial practice in order that substantial equity may be afforded to members of the plan. No penalty shall result from the transfer of a participating member from one (1) volunteer fire department to another in Wyoming, so long as payments are kept current.
(f) Withdrawal from plan. - A participating member may withdraw from the plan and in such event he shall be paid an amount equal to the amount contributed into his account together with interest thereon at the rate of three percent (3%) per annum compounded annually.
(g) Upon the death of any participating member, a death benefit shall be paid from the deceased member's account in the following manner and amount:
(i) A lump-sum payment of five thousand dollars ($5,000.00) or the amount in the deceased member's account, whichever is greater, to the estate of a deceased member without a survivor eligible for a benefit under subsection (b) or (c) of this section;
(ii) If a spouse who is eligible to receive a benefit under subsection (b) of this section dies, an amount equal to five thousand dollars ($5,000.00) less the total amount of benefits received under subsection (b) of this section or the amount remaining in the deceased member's account, whichever is greater, shall be paid to the spouse's estate unless the spouse is survived by a person eligible to receive a benefit under subsection (c) of this section;
(iii) When the last person under the age of twenty-one (21) years who is eligible for the benefit provided by subsection (c) of this section dies or attains the age of twenty-one (21), an amount equal to five thousand dollars ($5,000.00) less the total amount of benefits received under subsections (b) and (c) of this section or the amount remaining in the deceased member's account, whichever is greater, shall be paid in equal shares to each of the children alive on that date;
(iv) For members contributing five dollars ($5.00) per month before July 1, 1989, the appropriate benefit shall be determined by substituting two thousand five hundred dollars ($2,500.00) for five thousand dollars ($5,000.00) in paragraphs (i) through (iii) of this subsection.
(h) Retired recipients of the account and their survivors shall receive any benefit increases provided in subsection (d) of this section.
(j) The board shall authorize benefit payments from the account in accordance with qualified domestic relations orders pursuant to W.S. 9-3-426.
(k) Effective July 1, 2001, and each July 1 thereafter, any retirement or survivor benefit received by eligible individuals under this article shall be adjusted as follows:
(i) Not later than July 1, the board shall determine the percentage increase in the cost of living for the preceding calendar year. The percentage increase in the cost of living for a calendar year is equal to the annual percentage increase in the cost of living as of the immediately preceding calendar year, as shown by the Wyoming cost-of-living index established by the division of economic analysis, department of administration and information;
(ii) Subject to the limitation imposed under paragraph (vi) of this subsection, the benefits existing on each July 1 for each eligible individual may be increased by an amount not to exceed the greater of the percentage increase in the cost of living as determined by the board under paragraph (i) of this subsection or a percentage adjustment to a level the system's actuary determines to be actuarially sound pursuant to paragraph (v) of this subsection;
(iii) The amount of any percentage increase in the cost of living which exceeds the percentage adjustment under paragraph (ii) of this subsection shall to the extent determined actuarially sound by the system's actuary, be accumulated and added to the percentage increases in the cost of living for future years;
(iv) Individuals who have been receiving applicable benefits for at least two (2) years including survivors who received benefits during this period either alone or in combination with a member, are eligible for the benefit adjustment under this subsection;
(v) An increase in benefits under this subsection is effective only upon a determination by the actuary for the Wyoming retirement system that the increase is actuarially sound. As required under W.S. 9-3-419(b)(v), the system actuary shall annually report its determination under this paragraph to the governor and the joint appropriations interim committee; and
(vi) The total benefit adjustment under this subsection shall not exceed three percent (3%) in any one (1) year.
(m) The board shall adopt rules to allow service for any period of time, after commencement of participation in this pension program, which an employee spends in active military or other emergency service of the United States as required by the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. 4301 et seq.
