State Codes and Statutes

Statutes > Wyoming > Title15 > Chapter5

CHAPTER 5 - FIRE AND POLICE DEPARTMENTS

 

ARTICLE 1 - CIVIL SERVICE

 

15-5-101. "Commission" defined.

 

Asused in this article, "commission" means the fire department civilservice commission or the police department civil service commission.

 

15-5-102. Establishment of civil service commission or personnelsystem.

 

(a) There is established a fire department civil servicecommission in each incorporated municipality maintaining a paid fire departmentand having a population of four thousand (4,000) or more.

 

(b) The governing body in each incorporated municipalitymaintaining a paid police department and having a population of four thousand(4,000) or more which has not established a civil service commission mayestablish a police department personnel system in a manner as the governingbody determines.

 

15-5-103. Composition of civil service commission or personnel system;qualifications; terms; vacancies; oaths.

 

 

(a) Each commission consists of three (3) members who shall beappointed by the mayor and confirmed by the governing body. Each commissionershall be a qualified elector of the city and serve without compensation for aterm of three (3) years and until his successor is appointed and qualified. Ofthe three (3) commissioners first appointed, one (1) shall be appointed for aone (1) year term, one (1) for a two (2) year term, and one (1) for a three (3)year term. Not more than one (1) commissioner may be appointed from thegoverning body, and no officer or employee in the fire or police department iseligible to appointment or service as a commissioner. In the case of a vacancyor disqualification of any commissioner, the mayor, with the consent of thegoverning body, may appoint a person to serve during the unexpired portion ofthe term and until a commissioner is appointed and qualified.

 

(b) Before entering on the duties of their offices, allcommissioners shall take and subscribe before the clerk of the municipality, anoath or affirmation that in no event will they appoint or remove any personbecause of his political opinions or for any reason other than the person'sfitness or unfitness. The oaths or affirmations shall be filed with the cityclerk.

 

15-5-104. Civil service commission; offices; clerk; preliminaryexpenses.

 

The governing body shall furnish thecommission's necessary offices, office furniture, books, stationery, blanks,printing, heat, light and any other supplies. The city clerk is ex officioclerk of the commissions without extra compensation. Expenses incurred beforethe adoption of the next budget following the organization of any commissionmay be defrayed from any funds available or included in the next budget.

 

15-5-105. Employment and appointments generally; appointment ofchiefs.

 

 

(a) Except as otherwise provided by law, no person may beemployed or appointed in the fire or police department except from the list ofeligible persons certified by the commissions to the governing body.

 

(b) Appointment of a person to the office of chief of the firedepartment may be made from within or without the department and anyappointment shall be based upon competitive examinations and merit. However,subject to equal qualifications, members of the department from the next lowergrade shall be given preference for appointment to that office.

 

(c) This section does not apply to the appointment, tenure oroffice of the chief of police. However, if any member of the police departmentis appointed chief of police, he shall remain on the list of eligible personscertified and his classification remains the same at the end of his term aschief of police.

 

15-5-106. Commissions; classification of positions; working hours;salaries; exceptions; examinations.

 

(a) The commissions shall classify the various positions in thedepartments into classes or schedules based upon the nature of the service tobe rendered or duties to be performed. The governing body shall then establishuniform working hours and wages for all employees in each class or schedule andmay regulate the rate of wages and the number of employees in any class orschedule as necessary. Notwithstanding any other general law fixing salaries orgranting authority to fix salaries, the minimum salary for full-time policemenand full-time firemen in any city or town having a population of more than fourthousand (4,000) is four hundred twenty-five dollars ($425.00) per month, withan increase of twenty-five dollars ($25.00) per month for each year of servicerendered until a monthly salary of five hundred twenty-five dollars ($525.00)is reached. Any city or town may pay a salary in excess of five hundredtwenty-five dollars ($525.00) per month. Persons holding positions of highergrade or rank in these departments shall be compensated in accordance with theresponsibility of the position held, but shall receive a total salary of notless than six thousand six hundred dollars ($6,600.00) per year.

 

(b) The commission shall examine the qualifications of allapplicants for eligible ratings in any class or schedule. The examinationsshall be supervised by the commission and may be conducted by any member or aperson designated by the commission. All examinations shall be impartial andrelate only to matters which test the fitness of the persons examined toperform the services required in the class or schedule covered by theexamination. The percentage of proficiency and rating based upon examinationare those approved by the commission.

 

(c) The salary provisions of this section do not apply to aspecial fireman or policeman temporarily employed, nor to firemen or policemenemployed in a department having three (3) men or less.

 

15-5-107. Employment and appointments generally; requirements;veterans; grading; reexamination.

 

Only those persons who are seventy-fivepercent (75%) or more proficient may be certified for employment. A local firecommission may establish a higher required proficiency, in which case onlythose persons meeting the higher standard shall be certified by the commissionfor employment. The examination requirements of this section shall not apply toa person meeting the conditions of W.S. 15-5-122(a) if the person is employedby a police department. The examination requirements of this section shall notapply to a person meeting the conditions of W.S. 15-5-122(a) if the person isemployed by a fire department. All other things being equal, persons honorablydischarged from the military service of the United States shall be givenpreference for employment over other candidates. Those examined shall be gradedupon their examinations and their approved ratings or grades entered in aregister. Eligible applicants for the fire department shall remain on theregisters two (2) years, except the hiring authority of each department maychoose the option of a one (1) year register. Applicants for the policedepartment shall remain on the register one (1) year, without reexamination andcertification. However, the commission, in its discretion, may require furtherexamination as to physical fitness, health and age qualifications prior tocertifying the applicant to the governing body for employment.

 

15-5-108. Employment and appointments generally; manner of fillingpositions.

 

Ifa position is to be filled in either department, the governing body or chief ofthe department shall request from the commission the names of five (5) eligiblepersons. Upon request, the commission shall certify for departments the namesof the five (5) qualified applicants having the highest percentage ofproficiency, one (1) of whom shall be employed. If all persons certified areunsuitable for the position, the commission shall certify additional names, butthe reason for certification of the additional names shall be stated in thecertificate. If there are no registered, eligible applicants, the commissionmay allow provisional employment, or it may authorize the appointive authorityto select a suitable person for examination, and if qualified, that personshall be certified for employment.

 

15-5-109. Employment and appointments generally; trial period;eligibility for reemployment following force reduction.

 

 

(a) The first year of employment of any person in a fire departmentis on a trial basis. A trial period of employment within a police departmentmay be imposed as follows:

 

(i) For introductory employees, a period of not more than thefirst eighteen (18) months of employment;

 

(ii) For employees promoted, a period of not less than twelve(12) months.

 

(b) If the conduct of the introductory or promotional employeehas been satisfactory during the trial period, he may be regularly employed orpromoted, as applicable.

 

(c) Employees discharged because of a reduction in force areeligible for reemployment within two (2) years following the date of theirdischarge without further examination.

 

15-5-110. Filling officer vacancy.

 

Ifany vacancy occurs in the grade of officers, except the chief of a policedepartment, it shall be filled by a competent person from the next lowestgrade. The commission shall determine the competency of the person to fill thevacancy.

 

15-5-111. Temporary service; emergency employees.

 

Employmentfor temporary service shall follow the same procedure as for permanentemployees, except in case of emergency. No emergency employee may continue inservice for more than ninety (90) days, and no reappointment or employment tothe same position at the end of the period is allowed unless the emergencyemployee's name is certified by the commission as provided in W.S. 15-5-108.The official making an emergency employment shall report it to the commissionwithin three (3) days, giving the reason and the probable period of emergency.

 

15-5-112. Retention of positions; discharge; grounds and procedure;retirement of firemen.

 

(a) All persons occupying positions affected by this articlemay retain their positions until discharged or reduced in grade under itsprovisions.

 

(b) Discharge from a department, or reduction in grade orcompensation, or both, may be made for any cause, not political or religious,which will promote the efficiency of the service, on written notice andspecifications filed with the commission and served upon the person affected bythe authority requesting the discharge or reduction. The person whosedischarge or reduction is sought is allowed a reasonable time to answer thecharges in writing and demand a hearing. The commission, after hearing orinvestigation, shall determine whether the reason for discharge or reduction issufficient and established. Except as otherwise provided in subsection (c) ofthis section no person may be discharged or reduced in pay or rank withoutconsent of the commission after a hearing, unless the action is pursuant to aclassification program under W.S. 15-5-106. A copy of the specifications,notice, answer, consent and order of discharge or reduction are a part of thepublic records of the commission.

 

(c) In the case of a police department:

 

(i) A chief of police or his representative, after writtennotice, may suspend any regular employee without pay for disciplinarypurposes. The chief or his representative shall file with the commission, onor before the effective date of the suspension, a written statement of thecauses for such action;

 

(ii) A chief of police or his acting chief may discharge orreduce in grade any employee if he considers that the good of the service willbe served thereby. Any employee who is discharged or reduced in grade has theright to answer in writing the statement of the chief as to the cause for hisdischarge or reduction in grade, as the case may be, and to file this and anyother affidavits and exhibits in support of his statement with the commission.

 

(d) If any person in the fire department becomes sixty (60)years of age, the commission shall order that person retired from furtherservice. However, if the person can pass annual mental and physicalqualifications tests set by a physician chosen by the commission and governingbody and given at no cost to the employee, he may be retained until he becomessixty-five (65) years of age.

 

15-5-113. Retention of positions; review of decisions.

 

Thedecision of the commission discharging or reducing any person in rank or paymay be reviewed by the district court pursuant to Rule 12 of the Wyoming Rulesof Appellate Procedure.

 

15-5-114. Persons not eligible for appointment; criminal historyrecord information.

 

(a) No person may be appointed or employed as a regularpoliceman or officer of the police department or as a fireman or officer of afire department who:

 

(i) Has been convicted of, or against whom any indictment orinformation is pending for any offense, the punishment for which may be confinementin any penitentiary;

 

(ii) Is a notoriously bad character;

 

(iii) Is unable to read and write the English language; or

 

(iv) Lacks ordinary physical courage.

 

(b) A fire department may, as a condition for a position withthe department, require applicants to submit to fingerprinting in order toobtain state and national criminal history record information.

 

15-5-115. Order of lay off when force reduced; reemployment offiremen.

 

(a) If the force or schedule of employees of a department isreduced, the person last certified for employment in the department or employedin the department in accordance with W.S. 15-5-122 shall be the first laid off.If more than one (1) person were employed in accordance with W.S. 15-5-122simultaneously, and those persons were employed after the person last certifiedfor employment, the person with the least seniority for his previous employingentity shall be the first laid off.

 

(b) If a disabled, paid fireman, drawing a disability pension,becomes fit for active duty and his disability pension is discontinued withineighteen (18) months from the date of disability, he shall be returned toservice in the department without any loss of rank, seniority or otherprivileges, provided he has not been discharged or reduced in grade for cause.

 

(c) Former firemen who have been laid off within two (2) yearsbecause of reduction in force, and firemen who have been on a disabilitypension for more than eighteen (18) months but who have thereafter become fitfor active duty, shall be given a priority, in the order of their originalemployment, upon application for any vacancy which cannot be filled bypersonnel then within the department, provided that the former firemen andformerly disabled firemen are then persons of good standing and qualified forthe vacancy.

 

15-5-116. Politically related activities prohibited.

 

Noofficer or employee of a department shall discharge or change the amount ofcompensation of any other officer or employee, or promise or threaten to do so,for giving, withholding or neglecting to make contributions or perform servicesfor any political purpose, nor shall any officer or employee solicit politicalcontributions from any civil service employee.

 

15-5-117. Duties of commission; employee roster.

 

Thecommission shall keep at its office a roster showing the name, residence,position, date employed, compensation and duties of each person in the service.The commission has access to all public records and papers.

 

15-5-118. Duties of commission; employee certification.

 

Thecommission shall certify to the city clerk the names of employees in theservice, stating in each case the character and date of commencement of serviceand any change in service. The governing body shall not allow a bill for service,nor shall the city clerk issue a warrant for the payment of any compensation toany person not so certified.

 

15-5-119. Duties of commission; rules; other powers.

 

 

(a) The commission, together with a committee of three (3)designated by the mayor from the governing body shall adopt, and the commissionshall enforce all rules and regulations necessary for the government of theirproceedings. The commission shall:

 

(i) Adopt rules for:

 

(A) The classification of employment; and

 

(B) Promotion on the basis of merit, experience and goodrecord.

 

(ii) Prepare eligibility lists from which vacancies are to befilled;

 

(iii) Prescribe the procedure for the investigation of breachesof rules and regulations.

 

(b) The commission may compel the attendance of witnesses anddo all other things necessary to carry out the purposes and intent of thisarticle.

 

15-5-120. Prohibitions with respect to examinations.

 

 

(a) No person shall willfully or corruptly, by himself or incooperation with anyone else:

 

(i) Defeat, deceive or obstruct any person in respect to hisrights to examination;

 

(ii) Falsely mark, grade, estimate or report upon theexamination or proper standing of any person examined, or aid in doing so;

 

(iii) Make any false representations concerning the examinationor the person examined;

 

(iv) Furnish to any person any special or secret information forthe purpose of improving or injuring the prospects or chances of any personexamined or to be examined, appointed, employed or promoted.

 

15-5-121. Penalties.

 

Anyperson who violates any provision of this article is guilty of a misdemeanor,and upon conviction shall be punished by a fine of not more than one hundreddollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

 

15-5-122. Fire and police services provided under cooperativeagreements; exemption from civil service provisions; service credit.

 

(a) The examination, preference and initial employment criteriaof W.S. 15-5-105 through 15-5-108 shall not apply to a person employed in afire or police department if:

 

(i) The person was employed by a fire, emergency medical orpolice department of a county, special district, joint powers board ormunicipality not subject to this article;

 

(ii) The person becomes employed by a municipality subject tothis article as a result of a contract or agreement between the municipalityand the person's previous employing entity to jointly provide fire, emergencymedical services or police protection pursuant to W.S. 18-2-108, 16-1-101 orthe Wyoming Joint Powers Act; and

 

(iii) The new employing municipality agrees to apply theprovisions of this section to the person.

 

(b) A person meeting the conditions of subsection (a) of thissection shall:

 

(i) Be credited with his years of employment in his positionfor the previous employing entity for purposes of classification under thisarticle, including, but not limited to, the provisions of W.S. 15-5-109.Employment for the previous employing entity shall not be credited for purposesof W.S. 15-5-115, except as between persons employed pursuant to this sectionsimultaneously;

 

(ii) Not be considered to be employed in violation of themaximum age requirement for purposes of W.S. 15-5-204(d).

 

ARTICLE 2 - FIREMEN PENSIONS AND DEATH BENEFITS

 

15-5-201. Definitions.

 

(a) As used in this article:

 

(i) Repealed by Laws 1981, ch. 41, 3.

 

(ii) "Benefit unit" means each of the following:

 

(A) Each paid fireman;

 

(B) Each person receiving a monthly pension under W.S.15-5-204;

 

(C) Each person receiving a disability pension under W.S.15-5-204;

 

(D) Each account of a deceased or retired fireman from whichmonthly pension payments are being made to any person under W.S. 15-5-205 and15-5-206.

 

(iii) "Compensation Act" means the Wyoming Worker'sCompensation Act, W.S. 27-14-101 through 27-14-307;

 

(iv) "Fireman first class" means the highest salarygrade which a fireman can obtain within his department without any promotion inrank. The term specifically excludes chiefs, officers, engineers, fireequipment operators, secretaries, mechanics, inspectors and all otherspecialized grades, ratings and ranks;

 

(v) Repealed by Laws 1981, ch. 41, 3.

 

(vi) Repealed by Laws 1981, ch. 41, 3.

 

(vii) Repealed By Laws 2009, Ch. 90, 3.

 

(viii) "Injured, disabled or killed in the line of duty"means that a paid or volunteer fireman is injured or disabled when he meetswith bodily or mental injury while actually engaged in the repair, upkeep orcare of fire apparatus, or in the performance of duties prescribed in themaintenance and operation of a fire department;

 

(ix) "Maximum monthly salary of a fireman first class"means the gross monthly salary of a fireman first class, including the greatestlongevity or additional monthly salary increase for length of service, asestablished by the city, town or county which employed the retired, disabled ordeceased paid fireman, and including contributions required by W.S. 15-5-203;

 

(x) "Minimum annual cash requirement of the account"means the amount of cash needed to meet the known required disbursements fromthe firemen's pension account during the upcoming fiscal year, reduced by theanticipated cash account balance of the firemen's pension account on hand atthe end of the current fiscal year;

 

(xi) "Paid fireman" means an individual regularlyemployed and paid by any city, town, county or fire protection district fordevoting his entire time of employment to the care, operation and requirementsof a regularly constituted fire department;

 

(xii) Repealed by Laws 1981, ch. 41, 3.

 

(xiii) "Twenty years active service" means that anindividual's principal means of livelihood for twenty (20) years has beenemployment by one (1) or more cities, towns, counties or fire protectiondistricts as a member of a regularly constituted fire department and that theindividual has been carried on the payrolls thereof for that period of time;

 

(xiv) "Volunteer fireman" means an individual whodevotes less than his entire time of employment to, but who is carried on therolls of a regularly constituted fire department, the members of which may bepartly paid and partly volunteer. Payment of compensation for servicesactually rendered by enrolled volunteers does not take them out of thisclassification. Any individual who volunteers assistance but is not regularlyenrolled as a fireman is not a volunteer within the meaning of this article;

 

(xv) "Board" means the retirement board created byW.S. 9-3-404;

 

(xvi) "Employer" means any incorporated municipality,county or fire protection district offering fire protection or public safetyservices employing one (1) or more members.

 

15-5-202. Pension account; creation; administration; donations;investment; dual participation prohibited.

 

(a) There is created a firemen's pension account for thepurpose of paying the awards, benefits and pensions under the provisions ofthis article. The account shall be administered by the board through thedirector. The board has full custody and control of the account with fullpower over its administration. The director of the state department of auditor his designee shall make a biennial audit of the account and the receiptsthereto and disbursements therefrom and report his findings to the governor andthe legislature. The account shall be administered without liability on thepart of the state beyond the amount of the funds. All expenses ofadministration shall be paid from the account.

 

(b) Repealed By Laws 1997, ch. 69, 2.

 

(c) The board is empowered to:

 

(i) Receive and credit to the account any and all gifts,donations and contributions as may be made by individuals and organizations forthe benefit of the account;

 

(ii) Invest all account monies not immediately necessary for disbursementsin any of the securities and in any amounts authorized by W.S. 9-3-408.

 

(d) No paid fireman shall participate as a member of thefiremen's pension account established under this article and as a member of thevolunteer firemen's pension account established under W.S. 35-9-601 through35-9-615 if participation is based upon covered service with the same firedepartment.

 

15-5-203. Firemen and employer contributions; imposition at discretionof board; amounts; how and when collected, suspended and reinstated.

 

(a) In addition to the amount appropriated to the firemen'spension account by W.S. 15-5-202, every paid fireman may, at the discretion ofthe board, be assessed not more than eight percent (8%) of his gross monthlysalary for the use and benefit of the account, up to the maximum monthly salaryof a fireman first class. Any salary assessment imposed under this subsectionshall be withheld monthly from his salary by the treasurer or other disbursingofficer of the city, town or county.

 

(b) Repealed by Laws 1981, ch. 41, 3.

 

(c) Repealed by Laws 1981, ch. 41, 3.

 

(d) Upon a determination by the board in accordance withsubsection (g) of this section, every employer shall pay into the account foreach paid fireman it employs an amount not to exceed twenty-one percent (21%)of the salary of a fireman first class. Any contributions imposed under thissubsection, together with the paid firemen's contributions, shall betransferred and credited to the account in a manner as the board directs. Ifthe contributions are not transferred to the board when due, they may berecovered, together with interest at the rate of ten percent (10%) per annum inan action brought for that purpose in the district court for the county inwhich the employer has its principal office.

 

(e) The contributions required by subsection (a) of thissection shall be paid by the employer for paid firemen covered under thisarticle in order to be treated as employer contributions for the sole purposeof determining tax treatment under the United States internal revenue code.

 

(f) The contributions under subsection (e) of this sectionshall be paid from the source of funds which is used in paying salary to paidfiremen covered under this article. The employer may pay these contributionsby a reduction in cash salary of the paid firemen or by an offset against afuture salary increase, or by a combination of a reduction in salary and anoffset against a future salary increase, provided:

 

(i) No such salary reduction or offset, or combination thereof,shall exceed the percentage amount actually being deducted from an employee'ssalary for contributions to the firemen's pension account as of July 1, 1983;and

 

(ii) Any employer may pay any amount of an employee's share ofretirement contributions without a salary reduction or offset, or combinationthereof.

 

(g) Based upon findings and recommendations of the Wyomingretirement system actuary, the board shall determine if contributions undersubsections (a) and (d) of this section are necessary for the continued paymentof benefits under this article. Any contributions imposed by the board uponpaid firemen and employers shall bear the ratio provided for the maximumcontribution rates authorized under subsections (a) and (d) of this section. If contributions are reinstated at any time following suspension ofcontributions, the board shall provide notice of reinstated contributions tofiremen and employers not less than six (6) months prior to the date ofimposition.

 

15-5-204. Pensions; amounts; qualifications; when paid; disabilitybenefits; disqualifications; examinations; disallowance; actions; adjustment.

 

(a) Any person qualifying may retire from active service andreceive a monthly pension of seventy-five percent (75%) of the maximum monthlysalary of a fireman first class. Any benefit increases which may occur shallnot subsequently be withdrawn. This benefit accrues to any paid fireman who hascompleted twenty (20) years of active service in regularly constituted firedepartments of any cities, towns, counties or fire protection districts and toany paid fireman suffering from a mental or physical disability rendering himunfit for active duty. Any paid fireman covered under this article may continueservice beyond twenty (20) years and receive an additional benefit of one andone-half percent (1.5%) of the maximum salary of a fireman first class for eachyear of service beyond twenty (20) years.

 

(b) Any fireman with less than ten (10) years of service uponterminating his employment for any reason shall receive in a lump sum a refundof all the money he has contributed to the firemen's pension account. Refund ofsuch contributions extinguishes all rights to any benefits under this article.

 

(c) After ten (10) years as a full time paid fireman, anyfireman upon terminating his employment for any reason may have his choice of:

 

(i) A refund, in a lump sum, of all the money he hascontributed into the firemen's pension account, less one-half percent (1/2%)for bookkeeping costs; or

 

(ii) Upon the twentieth anniversary of the date of hisemployment as a full time paid fireman he may draw a monthly pension computedas follows:

 

Number of years service x 75% of themaximum

 

monthly salary of a fireman first class

 

_______________

 

20

 

(d) No fireman is entitled to draw a disability pension if theprimary cause of the mental or physical disability which renders him unfit foractive duty is alcoholism, substance abuse or addiction or an injury incurredas a result of the commission of a crime of a voluntary nature, or a mental orphysical condition which existed at the time of his employment.

 

(e) The board may require firemen applying for or drawing adisability pension to submit periodically to a physical or mental examinationby a physician it selects and to furnish relevant information it requests. Ifthe physician's report, or other evidence available to the board, shows thatthe fireman is not qualified for the disability pension, or that he is fit foractive duty, the board shall disallow or discontinue the payment of the monthlydisability pension. Examining physicians selected by the board shall be paidfrom the account in accordance with existing worker's compensation schedulesfor examinations.

 

(f) Any applicant or beneficiary of the firemen's pensionaccount aggrieved by a disallowance or discontinuance of pension benefits has aright to commence an action in the district court of the county in which theapplicant resides, naming the board, as custodian of the firemen's pensionaccount, as the party defendant, to have his rights to pension benefitsdetermined before a judge of the district court.

 

(g) Any pension benefit, survivor benefit or disability benefitreceived by an eligible individual under this article, and the fireman for whomthe benefit is generated has been retired for a period of not less than one (1)year, shall be increased each year by at least three percent (3%). In the eventthe most current actuarial valuation indicates the market value of assets isgreater than one hundred fifteen percent (115%) of the actuarial value ofliabilities, the board may increase the benefit by an amount determinedaffordable by the actuary, but in no case shall the total increase be greaterthan five percent (5%) of the benefit. Any increase under this subsection shallbe added to the pension benefit, survivor benefit or disability benefit andcompounded for purposes of determining the total benefit amount in subsequentyears.

 

(h) The board shall adopt rules to allow service for any periodof time, after commencement of participation under this article, which anemployee spends in active military or other emergency service of the UnitedStates as required by the Uniformed Services Employment and Reemployment RightsAct, 38 U.S.C. 4301 et seq.

 

15-5-205. Death benefits to surviving spouse; amounts; limitations;length of payments.

 

(a) If any paid fireman dies from any cause, the board shallpay to the surviving spouse a monthly pension equal to the greater of themonthly benefit payable to the fireman under W.S. 15-5-204 or the monthlybenefit payable under W.S. 15-5-204(a) for twenty (20) years of active service.Benefits payable under this subsection shall be paid out of the firemen'spension account and shall continue for the spouse's life.

 

(b) If the fireman is a retired fireman drawing his pension atthe time of his death, the board shall pay to the surviving spouse a monthlypension equal to the monthly benefit payable to the fireman under W.S. 15-5-204.Benefits payable under this subsection shall be paid out of the firemen'spension account and shall continue for the spouse's life.

 

(c) Repealed By Laws 2001, Ch. 36, 2.

 

15-5-206. Death benefits to dependent father and mother; amounts.

 

Ifany paid fireman dies, leaving no surviving spouse or children, but leaves asurviving dependent father or mother or both, the board shall pay to the motherif there is no father, to the father if there is no mother or to both, out ofthe firemen's pension account, a monthly amount equal to the pension theretired fireman was receiving if retired at the time of his death, or if inactive service at the time of death, a monthly amount equal to the greater ofthe monthly benefit payable to the fireman under W.S. 15-2-204 at the time ofhis death or the monthly benefit payable under W.S. 15-2-204(a) for twenty (20)years of active service. If either the surviving mother or father dies afterthe payments have started, the board shall pay to the surviving parent the fullamount as computed under this section.

 

15-5-207. Application for benefits; statement filed; determination;review; appeal.

 

Ifany fireman, his surviving spouse, dependent children or dependent parents areentitled to any pension or benefits under this article, the fireman, or in theevent of his death, the chief of the fire department of which he was a member,or some other proper person, shall apply by filing a complete and concisestatement of the facts necessary to entitle the fireman or the fireman'ssurviving spouse or children or parents to the benefits or pension. Theapplication shall be filed with the board upon forms it provides. The board isempowered to investigate the application and determine whether or not it shouldbe granted and to hear evidence as to the justice of the application, or torequire and receive affidavits as to the truth of the statements made in theapplication. If the application is refused, the matter may be taken, bypetition, before the district court of the county in which the applicantresides. The court shall notify the board of the date set for hearing. Thedecision of the district court is binding upon the board and applicant unlessappealed from according to the procedure provided under the Worker's CompensationAct.

 

15-5-208. Pension application; payments thereafter; when benefitssuspended.

 

Applicationfor pension may be made prior to actual retirement upon statement of theintention to retire, but payment shall not begin until the applicant hasactually retired and his name is stricken from the payroll of the city or town.No fireman or any of his survivors is entitled to any of the benefits of thisarticle while the fireman or his survivors are receiving payments under theWorker's Compensation Act, but when the payments under the Worker'sCompensation Act terminate, his or their rights to the benefits of this articleattach. Any fireman who is entitled to the benefits of insurance paid for fromthe general fund of any city or town is not entitled to any of the benefits ofthis article until the insurance payments cease.

 

15-5-209. Payments; when and how made; protections; nonassignability;qualified domestic relations order.

 

 

(a) Payments made under this article shall be made to thebeneficiaries on or before the fifth day of each month and shall be made byvoucher approved by the board or its designee drawn against the firemen'spension account and paid by the board out of the account. No payments madeunder this article are subject to judgment, attachment, execution, garnishmentor other legal process and are not assignable nor shall the board recognize anyassignment nor pay over any sum assigned.

 

(b) Notwithstanding subsection (a) of this section, paymentsunder this article may be made in accordance with qualified domestic relationsorders pursuant to W.S. 9-3-426.

 

15-5-210. Repealed By Laws 1996, ch. 6, 2.

 

 

ARTICLE 3 - POLICEMEN PENSIONS AND DEATH BENEFITS

 

15-5-301. Pension fund; establishment; separate accounts.

 

The governing body of any city or townmaintaining a paid police department and having a population of more than fourthousand (4,000), after ten (10) days published notice and a public hearingthereon, may establish a policemen pension fund. Any such fund establishedprior to July 1, 1981 shall be divided into two (2) separate accounts to beknown as the existing account and the new account. The existing account shallconsist of contributions from police officers employed prior to July 1, 1981and city or town contributions made in those officers' behalf. The new accountshall consist of contributions made from police officers employed after June30, 1981 and city or town contributions made in those officers' behalf.

 

15-5-302. Pension fund; contributions; salary deductions; unfundedliability; city or town and state responsibilities; adjustment ofcontributions.

 

(a) The city or town shall contribute annually to the existingaccount an actuarially determined amount which combined with the policeofficers' contributions, or contributions made on his behalf, will besufficient to meet the normal costs of the account. The proceeds from thecontribution shall be placed with the city treasurer in the existing accountwithin the policemen pension fund. In addition, in accordance with subsection(f) of this section, the city treasurer may deduct from the salary of eachpolice officer employed prior to July 1, 1981, an amount not to exceed eightpercent (8%) of the monthly compensation payable to that officer and, ifdeducted, shall place it in the existing account within the policemen pensionfund. In lieu of deducting from the salary of each police officer the amountspecified in this subsection, the city treasurer may, upon approval by thegoverning body of the city or town, contribute a like amount into the policemenpension fund.

 

(b) Notwithstanding the provisions of subsection (a) of thissection, the city treasurer may deduct from the salary of each police officeremployed after June 30, 1981 an amount specified by the board, which shall beactuarially determined. Each city or town shall contribute an amount equal tothe amount contributed by each police officer, or by the city or town on behalfof the police officer, under this subsection. All contributions under thissubsection shall be deposited in the new account within the policemen pensionfund.

 

(c) Repealed By Laws 2010, Ch. 69, 204.

 

(d) Repealed By Laws 2010, Ch. 69, 204.

 

(e) In addition to other contributions imposed under thissection, each city or town and each police officer shall contribute an equalamount to the account, specified by the board, which shall be actuariallydetermined, to meet the costs to the account for providing benefits under W.S.15-5-309.

 

(f) Annually, not later than November 1, based on an actuarialdetermination in writing, the board shall notify the city treasurer in writingof the amount of contributions to deduct from the salary of each police officerspecified in subsection (a) of this section. Contributions shall be adjustedeffective January 1 following, and in accordance with, the board's notice tothe city treasurer. The contributions shall remain in effect for the nextsucceeding calendar year. In no case shall contributions be less than eightpercent (8%) in any year, if the fund is not funded one hundred percent (100%)on an actuarial basis as certified to the board in writing by an enrolledactuary.

 

15-5-303. Pension board; composition; election and term of policemembers.

 

Ifa policemen pension fund is established, the governing body and three (3)members elected from the police department constitute the policemen pensionboard to manage the fund as provided in this article. The police departmentshall elect three (3) regular qualified members to the board every two (2) years.The election shall be held in the police headquarters on a date fixed by thesecretary of the board, but not more than thirty (30) nor less than fifteen(15) days before the regular municipal election. Written notice of thenomination of any member of the department for membership on the board shall befiled with the secretary of the board. Each notice of nomination shall besigned by not less than three (3) members of the department, and any member maysign more than three (3) notices of nomination. Notice of the dates upon whichnotices of nomination may be filed and for the election shall be given by thesecretary of the board by posting a written notice in a prominent place in thepolice department headquarters. The secretary shall furnish printed ortypewritten ballots containing the names of all persons nominated formembership and a ballot box for the election. The chief of the department shallappoint two (2) members of the department to act as officials of the election,and they shall receive their regular wages for the day, but no additionalcompensation. The polls shall open at 8:00 a.m. and remain open as longthereafter, not exceeding twelve (12) hours, as will afford each member of thedepartment an opportunity to vote. Each member of the police department isentitled to vote for three (3) persons as board members. The three (3) nomineesreceiving the highest number of votes are elected as members of the board, andtheir terms commence on the same date as does the term of the mayor of the cityor town.

 

15-5-304. Pension board; officers; reports; information.

 

Themayor is ex officio chairman of the board, and the members of the board shallelect the other necessary officers. The secretary of the board shall makeannual reports to the governing body on the condition of the fund, the receiptsand disbursements thereto, together with a complete list of the beneficiariesof the fund, and the amount paid to each. The city treasurer, from the recordsof his office, shall furnish the secretary with any pertinent informationneeded to compile the reports or to furnish the board with necessaryinformation.

 

15-5-305. Pension board; meetings; record and quorum; list of entitledpensioners; vouchers.

 

 

(a) The board shall meet at least once each month as scheduledby the board and otherwise upon the call of the chairman. It shall keep arecord of its proceedings, which is a public record. A majority of all themembers of the board constitutes a quorum with the power to transact business.

 

(b) At each monthly meeting the board shall send to thetreasurer of the city or town a list of all persons entitled to payment fromthe fund, stating the amount and purpose of the payments. The list shall becertified to and signed by the chairman and secretary of the board, attestedunder oath, and shall be filed by the treasurer in his office as a permanentrecord. The treasurer of the city or town shall then make out a regular cityvoucher for each of the persons named in the list, or a city voucher in themanner payrolls are handled in cities with the commission form of government,for the amounts specified, showing the purpose for which it is granted. Thevouchers, without further individual certification, shall be approved by thegoverning body for payment from the available funds of the pension fund at thenext meeting at which vouchers are handled. The vouchers shall be paid in thesame manner in which other claims against the city or town are paid.

 

15-5-306. Board powers and duties.

 

(a) The board has the power to compel witnesses to attend andtestify before it upon all matters connected with the operation of this articlein the same manner as provided by law for the taking of testimony in courts ofrecord in this state. The chairman or any member of the board may administeroaths to witnesses.

 

(b) The board may provide for the payment from the fund of allnecessary expenses and printing not to exceed five percent (5%) of the annualrevenue. However, no compensation or emolument may be paid to any member of theboard for any duty required or performed under this article.

 

(c) The board may make all necessary rules and regulations forits guidance in conformity with the provisions of this article.

 

(d) Upon recommendation of the board the governing body of eachcity or town may hire a professional investment counselor or management firm tomake recommendations on the investment of monies in the fund, which may beinvested in any securities specified in W.S. 9-3-408(b). The cost of suchcounselor or firm shall be paid from the fund.

 

(e) The board shall:

 

(i) At least once in every six (6) year period cause anactuarial valuation of the accounts within the fund to be made;

 

(ii) At least every two (2) years cause an actuarialinvestigation of all the experience under the accounts within the fund to bemade;

 

(iii) Pay out of funds which shall be provided by the cities ortowns the cost of the valuations and investigations under paragraphs (i) and(ii) of this subsection;

 

(iv) Reduce employee and employer contribution rates under W.S.15-5-302(b), in an amount to be actuarially determined, if at any time theassets in the existing or new accounts of the fund exceed the liabilities inthose accounts.

 

15-5-307. Retirement age; length of service; pension amounts; leavingservice early; benefit adjustment.

 

(a) When any person duly appointed or selected and sworn as amember in any capacity or rank, other than department chief, of the policedepartment of any city or town subject to the provisions of this articlebecomes sixty (60) years of age, the board shall order that person retired fromfurther service. When any person has served twenty (20) years with the samepolice department, he may retire at that time, although not sixty (60) years ofage, except that any person employed after June 30, 1981 shall serve for twenty(20) continuous years with the same department in order to be eligible forretirement prior to age sixty (60). When the board issues an order ofretirement, it terminates the service of the person in the police department,except as provided in cases of emergency, and that person during his lifetimeshall be paid a yearly pension equal to two and one-half percent (2 1/2%) ofthe average annual salary received during his highest paid five (5) yearperiod, multiplied by the number of years service. However, no pension mayexceed sixty-two and one-half percent (62 1/2%) of the average salary for thefive (5) year period.

 

(b) If for any reason the person leaves the service beforecompletion of ten (10) years of service he shall receive in one (1) sum theamount without interest he has paid into the pension fund. After the completionof ten (10) years service he has the option of drawing out the money paid in orleaving it until he reaches the age of sixty (60) years and then being eligibleto retire under the provisions of this section.

 

(c) In addition to any other benefit provided by this section,each retired person shall receive a benefit of three percent (3%) per year foreach full year that person has received retirement payments under this articleprior to July 1, 1981.

 

15-5-308. Retirement age; physical disability; pension amounts;reinstatement.

 

 

(a) If any person, while serving as a policeman is physicallydisabled as a result of any bodily injury received in the immediate or directperformance or discharge of his duties, the board, upon his written requestfiled with the secretary of the board, or without the written request if itdeems it to be for the benefit of the public, shall retire that person from thedepartment and order that he be paid from the fund during his lifetime amonthly pension equal to sixty-two and one-half percent (62 1/2%) of the amountof his regular monthly salary, effective at the time of his retirement. If theofficer's disability is off-duty related, the officer shall receive a monthlypension equal to fifty percent (50%) of his monthly salary effective at thetime of his retirement. If the disability ceases, the pension shall cease, andthe person shall be restored to active service at the existing salary of hisposition or rank at the time he is reinstated.

 

(b) Repealed by Laws 1991, ch. 71, 2.

 

15-5-309. Death benefits; surviving spouse and children; amounts;length of payments; benefit adjustment.

 

 

(a) Upon the death from any cause, of any person appointed orselected and sworn as a member in any capacity or rank of the police departmentof any city or town subject to the provisions of this article, the board shallpay a monthly pension of fifty percent (50%) of the deceased officer's monthlysalary out of the funds to his surviving spouse. The pension shall continueduring her life or until she remarries. In addition, the board shall pay to thesurviving spouse out of the fund six percent (6%) of the deceased officer'smonthly salary per month for the support and maintenance of each child of thedeceased officer who is under eighteen (18) years of age and was supported byhim prior to his death. The payments shall continue until the child becomeseighteen (18) years of age or marries.

 

(b) If the police officer is retired and drawing his pension atthe time of his death, and leaves a wife surviving, the board shall pay amonthly pension out of the fund to his surviving spouse equal to two-thirds(2/3) of the pension the retired police officer was receiving at the time ofhis death. In addition, the board shall pay to the surviving spouse or legalguardian sixty dollars ($60.00) per month out of the fund for the support andmaintenance of each child of the deceased, retired officer who is undereighteen (18) years of age and was supported by him prior to his death. Thepayments shall continue until the child becomes eighteen (18) years of age ormarries.

 

(c) In addition to any other benefit provided by this section,each surviving spouse of a person who died while receiving retirement paymentsunder this article shall receive a benefit of three percent (3%) for each fullyear that payments were made under this article prior to July 1, 1981 to boththe retired person before death and the surviving spouse.

 

(d) Effective July 1, 1987, any surviving spouse and anysurviving child of any officer who died prior to July 1, 1979 while a swornmember of the police department of any city or town subject to this articleshall receive a benefit in an amount as provided in subsection (a) of thissection.

 

15-5-310. Examination of disabled retiree.

 

Anyperson retired for disability may be summoned by written notice to appearbefore the board at any time thereafter for examination as to his fitness forduty, and he shall abide by the decision and order of the board with referencethereto.

 

15-5-311. Benefits terminated upon felony conviction.

 

Ifany person receiving any benefit from the fund is convicted of a felony, theboard shall order that the pension granted to that person immediately cease,and he shall receive no further pension allowance or benefit under thisarticle.

 

15-5-312. Application for benefits; statement filed; determination; review.

 

Ifany policeman, his surviving wife, dependent children or dependent parents areentitled to any pension or benefits under this article, the policeman, or inthe event of his death the dependent, shall apply for benefits or pension byfiling a complete and concise statement of facts necessary to entitle theapplicant to the benefits or pension. The application shall be filed with theboard upon forms it provides. The board may investigate each application anddetermine whether benefits or pension should be granted. The board may alsohear evidence as to the justice of the application, or require and receiveaffidavits as to the truth of the statements made therein. If the applicationis refused, the matter may be reviewed by the district court of the county inwhich the applicant resides pursuant to Rule 12 of the Wyoming Rules ofAppellate Procedure.

 

15-5-313. Pension application; when payments made and benefitssuspended; pension protections.

 

 

(a) Application for pension may be made prior to actualretirement upon statement of the intention to retire, but payment shall notbegin until the applicant has actually retired and his name is stricken fromthe payrolls of the city or town. Payments under this article shall be made tothe pensioner or to his beneficiaries on or before the fifth day of each monthby voucher drawn against the policemen pension fund as provided in W.S.15-5-305.

 

(b) No policeman or any of his survivors is entitled to anybenefits of this article while the policeman or his survivors are receivingpayments under the Worker's Compensation Act, but when payments under theWorker's Compensation Act terminate, the pensions of this article attach.

 

(c) The cash and securities while in the account created bythis article are exempt from any state, county or municipal tax of this state,and are not subject to execution or attachment by trustee process or otherwise,in law or equity, or under any other process whatsoever, and are notassignable.

 

15-5-314. Penalties.

 

Anyperson who violates any provision of this article is guilty of a misdemeanorand upon conviction shall be punished by a fine of not more than one hundreddollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

 

ARTICLE 4 - FIREMEN'S PENSION ACCOUNT REFORM ACT OF 1981

 

15-5-401. Citation.

 

Thisarticle is known as the "Firemen's Pension Account Reform Act of1981".

 

15-5-402. Definitions.

 

(a) As used in this article:

 

(i) "Account" means the firemen's pension accountestablished by W.S. 15-5-202;

 

(ii) "Board" means the retirement board established byW.S. 9-3-404 and includes all the powers and duties enumerated in W.S. 9-3-401through 9-3-429;

 

(iii) "Compensation" means all salary or wages payableto a member for service including contributions required by W.S. 15-5-420. Forpurposes of computing benefits under this article, compensation shall includeonly compensation on which contributions have been paid pursuant to W.S.15-5-420 and 15-5-421;

 

(iv) "Credited service" means for any member, serviceas an employee;

 

(v) "Dependent" means a dependent child or dependentparent;

 

(vi) "Dependent child" means a person who is unmarriedand either:

 

(A) Has not attained age eighteen (18); or

 

(B) Has attained age eighteen (18) but not age twenty-three(23) and is attending school on a full-time basis; or

 

(C) Has attained age eighteen (18) and is permanently disabledas the

State Codes and Statutes

Statutes > Wyoming > Title15 > Chapter5

CHAPTER 5 - FIRE AND POLICE DEPARTMENTS

 

ARTICLE 1 - CIVIL SERVICE

 

15-5-101. "Commission" defined.

 

Asused in this article, "commission" means the fire department civilservice commission or the police department civil service commission.

 

15-5-102. Establishment of civil service commission or personnelsystem.

 

(a) There is established a fire department civil servicecommission in each incorporated municipality maintaining a paid fire departmentand having a population of four thousand (4,000) or more.

 

(b) The governing body in each incorporated municipalitymaintaining a paid police department and having a population of four thousand(4,000) or more which has not established a civil service commission mayestablish a police department personnel system in a manner as the governingbody determines.

 

15-5-103. Composition of civil service commission or personnel system;qualifications; terms; vacancies; oaths.

 

 

(a) Each commission consists of three (3) members who shall beappointed by the mayor and confirmed by the governing body. Each commissionershall be a qualified elector of the city and serve without compensation for aterm of three (3) years and until his successor is appointed and qualified. Ofthe three (3) commissioners first appointed, one (1) shall be appointed for aone (1) year term, one (1) for a two (2) year term, and one (1) for a three (3)year term. Not more than one (1) commissioner may be appointed from thegoverning body, and no officer or employee in the fire or police department iseligible to appointment or service as a commissioner. In the case of a vacancyor disqualification of any commissioner, the mayor, with the consent of thegoverning body, may appoint a person to serve during the unexpired portion ofthe term and until a commissioner is appointed and qualified.

 

(b) Before entering on the duties of their offices, allcommissioners shall take and subscribe before the clerk of the municipality, anoath or affirmation that in no event will they appoint or remove any personbecause of his political opinions or for any reason other than the person'sfitness or unfitness. The oaths or affirmations shall be filed with the cityclerk.

 

15-5-104. Civil service commission; offices; clerk; preliminaryexpenses.

 

The governing body shall furnish thecommission's necessary offices, office furniture, books, stationery, blanks,printing, heat, light and any other supplies. The city clerk is ex officioclerk of the commissions without extra compensation. Expenses incurred beforethe adoption of the next budget following the organization of any commissionmay be defrayed from any funds available or included in the next budget.

 

15-5-105. Employment and appointments generally; appointment ofchiefs.

 

 

(a) Except as otherwise provided by law, no person may beemployed or appointed in the fire or police department except from the list ofeligible persons certified by the commissions to the governing body.

 

(b) Appointment of a person to the office of chief of the firedepartment may be made from within or without the department and anyappointment shall be based upon competitive examinations and merit. However,subject to equal qualifications, members of the department from the next lowergrade shall be given preference for appointment to that office.

 

(c) This section does not apply to the appointment, tenure oroffice of the chief of police. However, if any member of the police departmentis appointed chief of police, he shall remain on the list of eligible personscertified and his classification remains the same at the end of his term aschief of police.

 

15-5-106. Commissions; classification of positions; working hours;salaries; exceptions; examinations.

 

(a) The commissions shall classify the various positions in thedepartments into classes or schedules based upon the nature of the service tobe rendered or duties to be performed. The governing body shall then establishuniform working hours and wages for all employees in each class or schedule andmay regulate the rate of wages and the number of employees in any class orschedule as necessary. Notwithstanding any other general law fixing salaries orgranting authority to fix salaries, the minimum salary for full-time policemenand full-time firemen in any city or town having a population of more than fourthousand (4,000) is four hundred twenty-five dollars ($425.00) per month, withan increase of twenty-five dollars ($25.00) per month for each year of servicerendered until a monthly salary of five hundred twenty-five dollars ($525.00)is reached. Any city or town may pay a salary in excess of five hundredtwenty-five dollars ($525.00) per month. Persons holding positions of highergrade or rank in these departments shall be compensated in accordance with theresponsibility of the position held, but shall receive a total salary of notless than six thousand six hundred dollars ($6,600.00) per year.

 

(b) The commission shall examine the qualifications of allapplicants for eligible ratings in any class or schedule. The examinationsshall be supervised by the commission and may be conducted by any member or aperson designated by the commission. All examinations shall be impartial andrelate only to matters which test the fitness of the persons examined toperform the services required in the class or schedule covered by theexamination. The percentage of proficiency and rating based upon examinationare those approved by the commission.

 

(c) The salary provisions of this section do not apply to aspecial fireman or policeman temporarily employed, nor to firemen or policemenemployed in a department having three (3) men or less.

 

15-5-107. Employment and appointments generally; requirements;veterans; grading; reexamination.

 

Only those persons who are seventy-fivepercent (75%) or more proficient may be certified for employment. A local firecommission may establish a higher required proficiency, in which case onlythose persons meeting the higher standard shall be certified by the commissionfor employment. The examination requirements of this section shall not apply toa person meeting the conditions of W.S. 15-5-122(a) if the person is employedby a police department. The examination requirements of this section shall notapply to a person meeting the conditions of W.S. 15-5-122(a) if the person isemployed by a fire department. All other things being equal, persons honorablydischarged from the military service of the United States shall be givenpreference for employment over other candidates. Those examined shall be gradedupon their examinations and their approved ratings or grades entered in aregister. Eligible applicants for the fire department shall remain on theregisters two (2) years, except the hiring authority of each department maychoose the option of a one (1) year register. Applicants for the policedepartment shall remain on the register one (1) year, without reexamination andcertification. However, the commission, in its discretion, may require furtherexamination as to physical fitness, health and age qualifications prior tocertifying the applicant to the governing body for employment.

 

15-5-108. Employment and appointments generally; manner of fillingpositions.

 

Ifa position is to be filled in either department, the governing body or chief ofthe department shall request from the commission the names of five (5) eligiblepersons. Upon request, the commission shall certify for departments the namesof the five (5) qualified applicants having the highest percentage ofproficiency, one (1) of whom shall be employed. If all persons certified areunsuitable for the position, the commission shall certify additional names, butthe reason for certification of the additional names shall be stated in thecertificate. If there are no registered, eligible applicants, the commissionmay allow provisional employment, or it may authorize the appointive authorityto select a suitable person for examination, and if qualified, that personshall be certified for employment.

 

15-5-109. Employment and appointments generally; trial period;eligibility for reemployment following force reduction.

 

 

(a) The first year of employment of any person in a fire departmentis on a trial basis. A trial period of employment within a police departmentmay be imposed as follows:

 

(i) For introductory employees, a period of not more than thefirst eighteen (18) months of employment;

 

(ii) For employees promoted, a period of not less than twelve(12) months.

 

(b) If the conduct of the introductory or promotional employeehas been satisfactory during the trial period, he may be regularly employed orpromoted, as applicable.

 

(c) Employees discharged because of a reduction in force areeligible for reemployment within two (2) years following the date of theirdischarge without further examination.

 

15-5-110. Filling officer vacancy.

 

Ifany vacancy occurs in the grade of officers, except the chief of a policedepartment, it shall be filled by a competent person from the next lowestgrade. The commission shall determine the competency of the person to fill thevacancy.

 

15-5-111. Temporary service; emergency employees.

 

Employmentfor temporary service shall follow the same procedure as for permanentemployees, except in case of emergency. No emergency employee may continue inservice for more than ninety (90) days, and no reappointment or employment tothe same position at the end of the period is allowed unless the emergencyemployee's name is certified by the commission as provided in W.S. 15-5-108.The official making an emergency employment shall report it to the commissionwithin three (3) days, giving the reason and the probable period of emergency.

 

15-5-112. Retention of positions; discharge; grounds and procedure;retirement of firemen.

 

(a) All persons occupying positions affected by this articlemay retain their positions until discharged or reduced in grade under itsprovisions.

 

(b) Discharge from a department, or reduction in grade orcompensation, or both, may be made for any cause, not political or religious,which will promote the efficiency of the service, on written notice andspecifications filed with the commission and served upon the person affected bythe authority requesting the discharge or reduction. The person whosedischarge or reduction is sought is allowed a reasonable time to answer thecharges in writing and demand a hearing. The commission, after hearing orinvestigation, shall determine whether the reason for discharge or reduction issufficient and established. Except as otherwise provided in subsection (c) ofthis section no person may be discharged or reduced in pay or rank withoutconsent of the commission after a hearing, unless the action is pursuant to aclassification program under W.S. 15-5-106. A copy of the specifications,notice, answer, consent and order of discharge or reduction are a part of thepublic records of the commission.

 

(c) In the case of a police department:

 

(i) A chief of police or his representative, after writtennotice, may suspend any regular employee without pay for disciplinarypurposes. The chief or his representative shall file with the commission, onor before the effective date of the suspension, a written statement of thecauses for such action;

 

(ii) A chief of police or his acting chief may discharge orreduce in grade any employee if he considers that the good of the service willbe served thereby. Any employee who is discharged or reduced in grade has theright to answer in writing the statement of the chief as to the cause for hisdischarge or reduction in grade, as the case may be, and to file this and anyother affidavits and exhibits in support of his statement with the commission.

 

(d) If any person in the fire department becomes sixty (60)years of age, the commission shall order that person retired from furtherservice. However, if the person can pass annual mental and physicalqualifications tests set by a physician chosen by the commission and governingbody and given at no cost to the employee, he may be retained until he becomessixty-five (65) years of age.

 

15-5-113. Retention of positions; review of decisions.

 

Thedecision of the commission discharging or reducing any person in rank or paymay be reviewed by the district court pursuant to Rule 12 of the Wyoming Rulesof Appellate Procedure.

 

15-5-114. Persons not eligible for appointment; criminal historyrecord information.

 

(a) No person may be appointed or employed as a regularpoliceman or officer of the police department or as a fireman or officer of afire department who:

 

(i) Has been convicted of, or against whom any indictment orinformation is pending for any offense, the punishment for which may be confinementin any penitentiary;

 

(ii) Is a notoriously bad character;

 

(iii) Is unable to read and write the English language; or

 

(iv) Lacks ordinary physical courage.

 

(b) A fire department may, as a condition for a position withthe department, require applicants to submit to fingerprinting in order toobtain state and national criminal history record information.

 

15-5-115. Order of lay off when force reduced; reemployment offiremen.

 

(a) If the force or schedule of employees of a department isreduced, the person last certified for employment in the department or employedin the department in accordance with W.S. 15-5-122 shall be the first laid off.If more than one (1) person were employed in accordance with W.S. 15-5-122simultaneously, and those persons were employed after the person last certifiedfor employment, the person with the least seniority for his previous employingentity shall be the first laid off.

 

(b) If a disabled, paid fireman, drawing a disability pension,becomes fit for active duty and his disability pension is discontinued withineighteen (18) months from the date of disability, he shall be returned toservice in the department without any loss of rank, seniority or otherprivileges, provided he has not been discharged or reduced in grade for cause.

 

(c) Former firemen who have been laid off within two (2) yearsbecause of reduction in force, and firemen who have been on a disabilitypension for more than eighteen (18) months but who have thereafter become fitfor active duty, shall be given a priority, in the order of their originalemployment, upon application for any vacancy which cannot be filled bypersonnel then within the department, provided that the former firemen andformerly disabled firemen are then persons of good standing and qualified forthe vacancy.

 

15-5-116. Politically related activities prohibited.

 

Noofficer or employee of a department shall discharge or change the amount ofcompensation of any other officer or employee, or promise or threaten to do so,for giving, withholding or neglecting to make contributions or perform servicesfor any political purpose, nor shall any officer or employee solicit politicalcontributions from any civil service employee.

 

15-5-117. Duties of commission; employee roster.

 

Thecommission shall keep at its office a roster showing the name, residence,position, date employed, compensation and duties of each person in the service.The commission has access to all public records and papers.

 

15-5-118. Duties of commission; employee certification.

 

Thecommission shall certify to the city clerk the names of employees in theservice, stating in each case the character and date of commencement of serviceand any change in service. The governing body shall not allow a bill for service,nor shall the city clerk issue a warrant for the payment of any compensation toany person not so certified.

 

15-5-119. Duties of commission; rules; other powers.

 

 

(a) The commission, together with a committee of three (3)designated by the mayor from the governing body shall adopt, and the commissionshall enforce all rules and regulations necessary for the government of theirproceedings. The commission shall:

 

(i) Adopt rules for:

 

(A) The classification of employment; and

 

(B) Promotion on the basis of merit, experience and goodrecord.

 

(ii) Prepare eligibility lists from which vacancies are to befilled;

 

(iii) Prescribe the procedure for the investigation of breachesof rules and regulations.

 

(b) The commission may compel the attendance of witnesses anddo all other things necessary to carry out the purposes and intent of thisarticle.

 

15-5-120. Prohibitions with respect to examinations.

 

 

(a) No person shall willfully or corruptly, by himself or incooperation with anyone else:

 

(i) Defeat, deceive or obstruct any person in respect to hisrights to examination;

 

(ii) Falsely mark, grade, estimate or report upon theexamination or proper standing of any person examined, or aid in doing so;

 

(iii) Make any false representations concerning the examinationor the person examined;

 

(iv) Furnish to any person any special or secret information forthe purpose of improving or injuring the prospects or chances of any personexamined or to be examined, appointed, employed or promoted.

 

15-5-121. Penalties.

 

Anyperson who violates any provision of this article is guilty of a misdemeanor,and upon conviction shall be punished by a fine of not more than one hundreddollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

 

15-5-122. Fire and police services provided under cooperativeagreements; exemption from civil service provisions; service credit.

 

(a) The examination, preference and initial employment criteriaof W.S. 15-5-105 through 15-5-108 shall not apply to a person employed in afire or police department if:

 

(i) The person was employed by a fire, emergency medical orpolice department of a county, special district, joint powers board ormunicipality not subject to this article;

 

(ii) The person becomes employed by a municipality subject tothis article as a result of a contract or agreement between the municipalityand the person's previous employing entity to jointly provide fire, emergencymedical services or police protection pursuant to W.S. 18-2-108, 16-1-101 orthe Wyoming Joint Powers Act; and

 

(iii) The new employing municipality agrees to apply theprovisions of this section to the person.

 

(b) A person meeting the conditions of subsection (a) of thissection shall:

 

(i) Be credited with his years of employment in his positionfor the previous employing entity for purposes of classification under thisarticle, including, but not limited to, the provisions of W.S. 15-5-109.Employment for the previous employing entity shall not be credited for purposesof W.S. 15-5-115, except as between persons employed pursuant to this sectionsimultaneously;

 

(ii) Not be considered to be employed in violation of themaximum age requirement for purposes of W.S. 15-5-204(d).

 

ARTICLE 2 - FIREMEN PENSIONS AND DEATH BENEFITS

 

15-5-201. Definitions.

 

(a) As used in this article:

 

(i) Repealed by Laws 1981, ch. 41, 3.

 

(ii) "Benefit unit" means each of the following:

 

(A) Each paid fireman;

 

(B) Each person receiving a monthly pension under W.S.15-5-204;

 

(C) Each person receiving a disability pension under W.S.15-5-204;

 

(D) Each account of a deceased or retired fireman from whichmonthly pension payments are being made to any person under W.S. 15-5-205 and15-5-206.

 

(iii) "Compensation Act" means the Wyoming Worker'sCompensation Act, W.S. 27-14-101 through 27-14-307;

 

(iv) "Fireman first class" means the highest salarygrade which a fireman can obtain within his department without any promotion inrank. The term specifically excludes chiefs, officers, engineers, fireequipment operators, secretaries, mechanics, inspectors and all otherspecialized grades, ratings and ranks;

 

(v) Repealed by Laws 1981, ch. 41, 3.

 

(vi) Repealed by Laws 1981, ch. 41, 3.

 

(vii) Repealed By Laws 2009, Ch. 90, 3.

 

(viii) "Injured, disabled or killed in the line of duty"means that a paid or volunteer fireman is injured or disabled when he meetswith bodily or mental injury while actually engaged in the repair, upkeep orcare of fire apparatus, or in the performance of duties prescribed in themaintenance and operation of a fire department;

 

(ix) "Maximum monthly salary of a fireman first class"means the gross monthly salary of a fireman first class, including the greatestlongevity or additional monthly salary increase for length of service, asestablished by the city, town or county which employed the retired, disabled ordeceased paid fireman, and including contributions required by W.S. 15-5-203;

 

(x) "Minimum annual cash requirement of the account"means the amount of cash needed to meet the known required disbursements fromthe firemen's pension account during the upcoming fiscal year, reduced by theanticipated cash account balance of the firemen's pension account on hand atthe end of the current fiscal year;

 

(xi) "Paid fireman" means an individual regularlyemployed and paid by any city, town, county or fire protection district fordevoting his entire time of employment to the care, operation and requirementsof a regularly constituted fire department;

 

(xii) Repealed by Laws 1981, ch. 41, 3.

 

(xiii) "Twenty years active service" means that anindividual's principal means of livelihood for twenty (20) years has beenemployment by one (1) or more cities, towns, counties or fire protectiondistricts as a member of a regularly constituted fire department and that theindividual has been carried on the payrolls thereof for that period of time;

 

(xiv) "Volunteer fireman" means an individual whodevotes less than his entire time of employment to, but who is carried on therolls of a regularly constituted fire department, the members of which may bepartly paid and partly volunteer. Payment of compensation for servicesactually rendered by enrolled volunteers does not take them out of thisclassification. Any individual who volunteers assistance but is not regularlyenrolled as a fireman is not a volunteer within the meaning of this article;

 

(xv) "Board" means the retirement board created byW.S. 9-3-404;

 

(xvi) "Employer" means any incorporated municipality,county or fire protection district offering fire protection or public safetyservices employing one (1) or more members.

 

15-5-202. Pension account; creation; administration; donations;investment; dual participation prohibited.

 

(a) There is created a firemen's pension account for thepurpose of paying the awards, benefits and pensions under the provisions ofthis article. The account shall be administered by the board through thedirector. The board has full custody and control of the account with fullpower over its administration. The director of the state department of auditor his designee shall make a biennial audit of the account and the receiptsthereto and disbursements therefrom and report his findings to the governor andthe legislature. The account shall be administered without liability on thepart of the state beyond the amount of the funds. All expenses ofadministration shall be paid from the account.

 

(b) Repealed By Laws 1997, ch. 69, 2.

 

(c) The board is empowered to:

 

(i) Receive and credit to the account any and all gifts,donations and contributions as may be made by individuals and organizations forthe benefit of the account;

 

(ii) Invest all account monies not immediately necessary for disbursementsin any of the securities and in any amounts authorized by W.S. 9-3-408.

 

(d) No paid fireman shall participate as a member of thefiremen's pension account established under this article and as a member of thevolunteer firemen's pension account established under W.S. 35-9-601 through35-9-615 if participation is based upon covered service with the same firedepartment.

 

15-5-203. Firemen and employer contributions; imposition at discretionof board; amounts; how and when collected, suspended and reinstated.

 

(a) In addition to the amount appropriated to the firemen'spension account by W.S. 15-5-202, every paid fireman may, at the discretion ofthe board, be assessed not more than eight percent (8%) of his gross monthlysalary for the use and benefit of the account, up to the maximum monthly salaryof a fireman first class. Any salary assessment imposed under this subsectionshall be withheld monthly from his salary by the treasurer or other disbursingofficer of the city, town or county.

 

(b) Repealed by Laws 1981, ch. 41, 3.

 

(c) Repealed by Laws 1981, ch. 41, 3.

 

(d) Upon a determination by the board in accordance withsubsection (g) of this section, every employer shall pay into the account foreach paid fireman it employs an amount not to exceed twenty-one percent (21%)of the salary of a fireman first class. Any contributions imposed under thissubsection, together with the paid firemen's contributions, shall betransferred and credited to the account in a manner as the board directs. Ifthe contributions are not transferred to the board when due, they may berecovered, together with interest at the rate of ten percent (10%) per annum inan action brought for that purpose in the district court for the county inwhich the employer has its principal office.

 

(e) The contributions required by subsection (a) of thissection shall be paid by the employer for paid firemen covered under thisarticle in order to be treated as employer contributions for the sole purposeof determining tax treatment under the United States internal revenue code.

 

(f) The contributions under subsection (e) of this sectionshall be paid from the source of funds which is used in paying salary to paidfiremen covered under this article. The employer may pay these contributionsby a reduction in cash salary of the paid firemen or by an offset against afuture salary increase, or by a combination of a reduction in salary and anoffset against a future salary increase, provided:

 

(i) No such salary reduction or offset, or combination thereof,shall exceed the percentage amount actually being deducted from an employee'ssalary for contributions to the firemen's pension account as of July 1, 1983;and

 

(ii) Any employer may pay any amount of an employee's share ofretirement contributions without a salary reduction or offset, or combinationthereof.

 

(g) Based upon findings and recommendations of the Wyomingretirement system actuary, the board shall determine if contributions undersubsections (a) and (d) of this section are necessary for the continued paymentof benefits under this article. Any contributions imposed by the board uponpaid firemen and employers shall bear the ratio provided for the maximumcontribution rates authorized under subsections (a) and (d) of this section. If contributions are reinstated at any time following suspension ofcontributions, the board shall provide notice of reinstated contributions tofiremen and employers not less than six (6) months prior to the date ofimposition.

 

15-5-204. Pensions; amounts; qualifications; when paid; disabilitybenefits; disqualifications; examinations; disallowance; actions; adjustment.

 

(a) Any person qualifying may retire from active service andreceive a monthly pension of seventy-five percent (75%) of the maximum monthlysalary of a fireman first class. Any benefit increases which may occur shallnot subsequently be withdrawn. This benefit accrues to any paid fireman who hascompleted twenty (20) years of active service in regularly constituted firedepartments of any cities, towns, counties or fire protection districts and toany paid fireman suffering from a mental or physical disability rendering himunfit for active duty. Any paid fireman covered under this article may continueservice beyond twenty (20) years and receive an additional benefit of one andone-half percent (1.5%) of the maximum salary of a fireman first class for eachyear of service beyond twenty (20) years.

 

(b) Any fireman with less than ten (10) years of service uponterminating his employment for any reason shall receive in a lump sum a refundof all the money he has contributed to the firemen's pension account. Refund ofsuch contributions extinguishes all rights to any benefits under this article.

 

(c) After ten (10) years as a full time paid fireman, anyfireman upon terminating his employment for any reason may have his choice of:

 

(i) A refund, in a lump sum, of all the money he hascontributed into the firemen's pension account, less one-half percent (1/2%)for bookkeeping costs; or

 

(ii) Upon the twentieth anniversary of the date of hisemployment as a full time paid fireman he may draw a monthly pension computedas follows:

 

Number of years service x 75% of themaximum

 

monthly salary of a fireman first class

 

_______________

 

20

 

(d) No fireman is entitled to draw a disability pension if theprimary cause of the mental or physical disability which renders him unfit foractive duty is alcoholism, substance abuse or addiction or an injury incurredas a result of the commission of a crime of a voluntary nature, or a mental orphysical condition which existed at the time of his employment.

 

(e) The board may require firemen applying for or drawing adisability pension to submit periodically to a physical or mental examinationby a physician it selects and to furnish relevant information it requests. Ifthe physician's report, or other evidence available to the board, shows thatthe fireman is not qualified for the disability pension, or that he is fit foractive duty, the board shall disallow or discontinue the payment of the monthlydisability pension. Examining physicians selected by the board shall be paidfrom the account in accordance with existing worker's compensation schedulesfor examinations.

 

(f) Any applicant or beneficiary of the firemen's pensionaccount aggrieved by a disallowance or discontinuance of pension benefits has aright to commence an action in the district court of the county in which theapplicant resides, naming the board, as custodian of the firemen's pensionaccount, as the party defendant, to have his rights to pension benefitsdetermined before a judge of the district court.

 

(g) Any pension benefit, survivor benefit or disability benefitreceived by an eligible individual under this article, and the fireman for whomthe benefit is generated has been retired for a period of not less than one (1)year, shall be increased each year by at least three percent (3%). In the eventthe most current actuarial valuation indicates the market value of assets isgreater than one hundred fifteen percent (115%) of the actuarial value ofliabilities, the board may increase the benefit by an amount determinedaffordable by the actuary, but in no case shall the total increase be greaterthan five percent (5%) of the benefit. Any increase under this subsection shallbe added to the pension benefit, survivor benefit or disability benefit andcompounded for purposes of determining the total benefit amount in subsequentyears.

 

(h) The board shall adopt rules to allow service for any periodof time, after commencement of participation under this article, which anemployee spends in active military or other emergency service of the UnitedStates as required by the Uniformed Services Employment and Reemployment RightsAct, 38 U.S.C. 4301 et seq.

 

15-5-205. Death benefits to surviving spouse; amounts; limitations;length of payments.

 

(a) If any paid fireman dies from any cause, the board shallpay to the surviving spouse a monthly pension equal to the greater of themonthly benefit payable to the fireman under W.S. 15-5-204 or the monthlybenefit payable under W.S. 15-5-204(a) for twenty (20) years of active service.Benefits payable under this subsection shall be paid out of the firemen'spension account and shall continue for the spouse's life.

 

(b) If the fireman is a retired fireman drawing his pension atthe time of his death, the board shall pay to the surviving spouse a monthlypension equal to the monthly benefit payable to the fireman under W.S. 15-5-204.Benefits payable under this subsection shall be paid out of the firemen'spension account and shall continue for the spouse's life.

 

(c) Repealed By Laws 2001, Ch. 36, 2.

 

15-5-206. Death benefits to dependent father and mother; amounts.

 

Ifany paid fireman dies, leaving no surviving spouse or children, but leaves asurviving dependent father or mother or both, the board shall pay to the motherif there is no father, to the father if there is no mother or to both, out ofthe firemen's pension account, a monthly amount equal to the pension theretired fireman was receiving if retired at the time of his death, or if inactive service at the time of death, a monthly amount equal to the greater ofthe monthly benefit payable to the fireman under W.S. 15-2-204 at the time ofhis death or the monthly benefit payable under W.S. 15-2-204(a) for twenty (20)years of active service. If either the surviving mother or father dies afterthe payments have started, the board shall pay to the surviving parent the fullamount as computed under this section.

 

15-5-207. Application for benefits; statement filed; determination;review; appeal.

 

Ifany fireman, his surviving spouse, dependent children or dependent parents areentitled to any pension or benefits under this article, the fireman, or in theevent of his death, the chief of the fire department of which he was a member,or some other proper person, shall apply by filing a complete and concisestatement of the facts necessary to entitle the fireman or the fireman'ssurviving spouse or children or parents to the benefits or pension. Theapplication shall be filed with the board upon forms it provides. The board isempowered to investigate the application and determine whether or not it shouldbe granted and to hear evidence as to the justice of the application, or torequire and receive affidavits as to the truth of the statements made in theapplication. If the application is refused, the matter may be taken, bypetition, before the district court of the county in which the applicantresides. The court shall notify the board of the date set for hearing. Thedecision of the district court is binding upon the board and applicant unlessappealed from according to the procedure provided under the Worker's CompensationAct.

 

15-5-208. Pension application; payments thereafter; when benefitssuspended.

 

Applicationfor pension may be made prior to actual retirement upon statement of theintention to retire, but payment shall not begin until the applicant hasactually retired and his name is stricken from the payroll of the city or town.No fireman or any of his survivors is entitled to any of the benefits of thisarticle while the fireman or his survivors are receiving payments under theWorker's Compensation Act, but when the payments under the Worker'sCompensation Act terminate, his or their rights to the benefits of this articleattach. Any fireman who is entitled to the benefits of insurance paid for fromthe general fund of any city or town is not entitled to any of the benefits ofthis article until the insurance payments cease.

 

15-5-209. Payments; when and how made; protections; nonassignability;qualified domestic relations order.

 

 

(a) Payments made under this article shall be made to thebeneficiaries on or before the fifth day of each month and shall be made byvoucher approved by the board or its designee drawn against the firemen'spension account and paid by the board out of the account. No payments madeunder this article are subject to judgment, attachment, execution, garnishmentor other legal process and are not assignable nor shall the board recognize anyassignment nor pay over any sum assigned.

 

(b) Notwithstanding subsection (a) of this section, paymentsunder this article may be made in accordance with qualified domestic relationsorders pursuant to W.S. 9-3-426.

 

15-5-210. Repealed By Laws 1996, ch. 6, 2.

 

 

ARTICLE 3 - POLICEMEN PENSIONS AND DEATH BENEFITS

 

15-5-301. Pension fund; establishment; separate accounts.

 

The governing body of any city or townmaintaining a paid police department and having a population of more than fourthousand (4,000), after ten (10) days published notice and a public hearingthereon, may establish a policemen pension fund. Any such fund establishedprior to July 1, 1981 shall be divided into two (2) separate accounts to beknown as the existing account and the new account. The existing account shallconsist of contributions from police officers employed prior to July 1, 1981and city or town contributions made in those officers' behalf. The new accountshall consist of contributions made from police officers employed after June30, 1981 and city or town contributions made in those officers' behalf.

 

15-5-302. Pension fund; contributions; salary deductions; unfundedliability; city or town and state responsibilities; adjustment ofcontributions.

 

(a) The city or town shall contribute annually to the existingaccount an actuarially determined amount which combined with the policeofficers' contributions, or contributions made on his behalf, will besufficient to meet the normal costs of the account. The proceeds from thecontribution shall be placed with the city treasurer in the existing accountwithin the policemen pension fund. In addition, in accordance with subsection(f) of this section, the city treasurer may deduct from the salary of eachpolice officer employed prior to July 1, 1981, an amount not to exceed eightpercent (8%) of the monthly compensation payable to that officer and, ifdeducted, shall place it in the existing account within the policemen pensionfund. In lieu of deducting from the salary of each police officer the amountspecified in this subsection, the city treasurer may, upon approval by thegoverning body of the city or town, contribute a like amount into the policemenpension fund.

 

(b) Notwithstanding the provisions of subsection (a) of thissection, the city treasurer may deduct from the salary of each police officeremployed after June 30, 1981 an amount specified by the board, which shall beactuarially determined. Each city or town shall contribute an amount equal tothe amount contributed by each police officer, or by the city or town on behalfof the police officer, under this subsection. All contributions under thissubsection shall be deposited in the new account within the policemen pensionfund.

 

(c) Repealed By Laws 2010, Ch. 69, 204.

 

(d) Repealed By Laws 2010, Ch. 69, 204.

 

(e) In addition to other contributions imposed under thissection, each city or town and each police officer shall contribute an equalamount to the account, specified by the board, which shall be actuariallydetermined, to meet the costs to the account for providing benefits under W.S.15-5-309.

 

(f) Annually, not later than November 1, based on an actuarialdetermination in writing, the board shall notify the city treasurer in writingof the amount of contributions to deduct from the salary of each police officerspecified in subsection (a) of this section. Contributions shall be adjustedeffective January 1 following, and in accordance with, the board's notice tothe city treasurer. The contributions shall remain in effect for the nextsucceeding calendar year. In no case shall contributions be less than eightpercent (8%) in any year, if the fund is not funded one hundred percent (100%)on an actuarial basis as certified to the board in writing by an enrolledactuary.

 

15-5-303. Pension board; composition; election and term of policemembers.

 

Ifa policemen pension fund is established, the governing body and three (3)members elected from the police department constitute the policemen pensionboard to manage the fund as provided in this article. The police departmentshall elect three (3) regular qualified members to the board every two (2) years.The election shall be held in the police headquarters on a date fixed by thesecretary of the board, but not more than thirty (30) nor less than fifteen(15) days before the regular municipal election. Written notice of thenomination of any member of the department for membership on the board shall befiled with the secretary of the board. Each notice of nomination shall besigned by not less than three (3) members of the department, and any member maysign more than three (3) notices of nomination. Notice of the dates upon whichnotices of nomination may be filed and for the election shall be given by thesecretary of the board by posting a written notice in a prominent place in thepolice department headquarters. The secretary shall furnish printed ortypewritten ballots containing the names of all persons nominated formembership and a ballot box for the election. The chief of the department shallappoint two (2) members of the department to act as officials of the election,and they shall receive their regular wages for the day, but no additionalcompensation. The polls shall open at 8:00 a.m. and remain open as longthereafter, not exceeding twelve (12) hours, as will afford each member of thedepartment an opportunity to vote. Each member of the police department isentitled to vote for three (3) persons as board members. The three (3) nomineesreceiving the highest number of votes are elected as members of the board, andtheir terms commence on the same date as does the term of the mayor of the cityor town.

 

15-5-304. Pension board; officers; reports; information.

 

Themayor is ex officio chairman of the board, and the members of the board shallelect the other necessary officers. The secretary of the board shall makeannual reports to the governing body on the condition of the fund, the receiptsand disbursements thereto, together with a complete list of the beneficiariesof the fund, and the amount paid to each. The city treasurer, from the recordsof his office, shall furnish the secretary with any pertinent informationneeded to compile the reports or to furnish the board with necessaryinformation.

 

15-5-305. Pension board; meetings; record and quorum; list of entitledpensioners; vouchers.

 

 

(a) The board shall meet at least once each month as scheduledby the board and otherwise upon the call of the chairman. It shall keep arecord of its proceedings, which is a public record. A majority of all themembers of the board constitutes a quorum with the power to transact business.

 

(b) At each monthly meeting the board shall send to thetreasurer of the city or town a list of all persons entitled to payment fromthe fund, stating the amount and purpose of the payments. The list shall becertified to and signed by the chairman and secretary of the board, attestedunder oath, and shall be filed by the treasurer in his office as a permanentrecord. The treasurer of the city or town shall then make out a regular cityvoucher for each of the persons named in the list, or a city voucher in themanner payrolls are handled in cities with the commission form of government,for the amounts specified, showing the purpose for which it is granted. Thevouchers, without further individual certification, shall be approved by thegoverning body for payment from the available funds of the pension fund at thenext meeting at which vouchers are handled. The vouchers shall be paid in thesame manner in which other claims against the city or town are paid.

 

15-5-306. Board powers and duties.

 

(a) The board has the power to compel witnesses to attend andtestify before it upon all matters connected with the operation of this articlein the same manner as provided by law for the taking of testimony in courts ofrecord in this state. The chairman or any member of the board may administeroaths to witnesses.

 

(b) The board may provide for the payment from the fund of allnecessary expenses and printing not to exceed five percent (5%) of the annualrevenue. However, no compensation or emolument may be paid to any member of theboard for any duty required or performed under this article.

 

(c) The board may make all necessary rules and regulations forits guidance in conformity with the provisions of this article.

 

(d) Upon recommendation of the board the governing body of eachcity or town may hire a professional investment counselor or management firm tomake recommendations on the investment of monies in the fund, which may beinvested in any securities specified in W.S. 9-3-408(b). The cost of suchcounselor or firm shall be paid from the fund.

 

(e) The board shall:

 

(i) At least once in every six (6) year period cause anactuarial valuation of the accounts within the fund to be made;

 

(ii) At least every two (2) years cause an actuarialinvestigation of all the experience under the accounts within the fund to bemade;

 

(iii) Pay out of funds which shall be provided by the cities ortowns the cost of the valuations and investigations under paragraphs (i) and(ii) of this subsection;

 

(iv) Reduce employee and employer contribution rates under W.S.15-5-302(b), in an amount to be actuarially determined, if at any time theassets in the existing or new accounts of the fund exceed the liabilities inthose accounts.

 

15-5-307. Retirement age; length of service; pension amounts; leavingservice early; benefit adjustment.

 

(a) When any person duly appointed or selected and sworn as amember in any capacity or rank, other than department chief, of the policedepartment of any city or town subject to the provisions of this articlebecomes sixty (60) years of age, the board shall order that person retired fromfurther service. When any person has served twenty (20) years with the samepolice department, he may retire at that time, although not sixty (60) years ofage, except that any person employed after June 30, 1981 shall serve for twenty(20) continuous years with the same department in order to be eligible forretirement prior to age sixty (60). When the board issues an order ofretirement, it terminates the service of the person in the police department,except as provided in cases of emergency, and that person during his lifetimeshall be paid a yearly pension equal to two and one-half percent (2 1/2%) ofthe average annual salary received during his highest paid five (5) yearperiod, multiplied by the number of years service. However, no pension mayexceed sixty-two and one-half percent (62 1/2%) of the average salary for thefive (5) year period.

 

(b) If for any reason the person leaves the service beforecompletion of ten (10) years of service he shall receive in one (1) sum theamount without interest he has paid into the pension fund. After the completionof ten (10) years service he has the option of drawing out the money paid in orleaving it until he reaches the age of sixty (60) years and then being eligibleto retire under the provisions of this section.

 

(c) In addition to any other benefit provided by this section,each retired person shall receive a benefit of three percent (3%) per year foreach full year that person has received retirement payments under this articleprior to July 1, 1981.

 

15-5-308. Retirement age; physical disability; pension amounts;reinstatement.

 

 

(a) If any person, while serving as a policeman is physicallydisabled as a result of any bodily injury received in the immediate or directperformance or discharge of his duties, the board, upon his written requestfiled with the secretary of the board, or without the written request if itdeems it to be for the benefit of the public, shall retire that person from thedepartment and order that he be paid from the fund during his lifetime amonthly pension equal to sixty-two and one-half percent (62 1/2%) of the amountof his regular monthly salary, effective at the time of his retirement. If theofficer's disability is off-duty related, the officer shall receive a monthlypension equal to fifty percent (50%) of his monthly salary effective at thetime of his retirement. If the disability ceases, the pension shall cease, andthe person shall be restored to active service at the existing salary of hisposition or rank at the time he is reinstated.

 

(b) Repealed by Laws 1991, ch. 71, 2.

 

15-5-309. Death benefits; surviving spouse and children; amounts;length of payments; benefit adjustment.

 

 

(a) Upon the death from any cause, of any person appointed orselected and sworn as a member in any capacity or rank of the police departmentof any city or town subject to the provisions of this article, the board shallpay a monthly pension of fifty percent (50%) of the deceased officer's monthlysalary out of the funds to his surviving spouse. The pension shall continueduring her life or until she remarries. In addition, the board shall pay to thesurviving spouse out of the fund six percent (6%) of the deceased officer'smonthly salary per month for the support and maintenance of each child of thedeceased officer who is under eighteen (18) years of age and was supported byhim prior to his death. The payments shall continue until the child becomeseighteen (18) years of age or marries.

 

(b) If the police officer is retired and drawing his pension atthe time of his death, and leaves a wife surviving, the board shall pay amonthly pension out of the fund to his surviving spouse equal to two-thirds(2/3) of the pension the retired police officer was receiving at the time ofhis death. In addition, the board shall pay to the surviving spouse or legalguardian sixty dollars ($60.00) per month out of the fund for the support andmaintenance of each child of the deceased, retired officer who is undereighteen (18) years of age and was supported by him prior to his death. Thepayments shall continue until the child becomes eighteen (18) years of age ormarries.

 

(c) In addition to any other benefit provided by this section,each surviving spouse of a person who died while receiving retirement paymentsunder this article shall receive a benefit of three percent (3%) for each fullyear that payments were made under this article prior to July 1, 1981 to boththe retired person before death and the surviving spouse.

 

(d) Effective July 1, 1987, any surviving spouse and anysurviving child of any officer who died prior to July 1, 1979 while a swornmember of the police department of any city or town subject to this articleshall receive a benefit in an amount as provided in subsection (a) of thissection.

 

15-5-310. Examination of disabled retiree.

 

Anyperson retired for disability may be summoned by written notice to appearbefore the board at any time thereafter for examination as to his fitness forduty, and he shall abide by the decision and order of the board with referencethereto.

 

15-5-311. Benefits terminated upon felony conviction.

 

Ifany person receiving any benefit from the fund is convicted of a felony, theboard shall order that the pension granted to that person immediately cease,and he shall receive no further pension allowance or benefit under thisarticle.

 

15-5-312. Application for benefits; statement filed; determination; review.

 

Ifany policeman, his surviving wife, dependent children or dependent parents areentitled to any pension or benefits under this article, the policeman, or inthe event of his death the dependent, shall apply for benefits or pension byfiling a complete and concise statement of facts necessary to entitle theapplicant to the benefits or pension. The application shall be filed with theboard upon forms it provides. The board may investigate each application anddetermine whether benefits or pension should be granted. The board may alsohear evidence as to the justice of the application, or require and receiveaffidavits as to the truth of the statements made therein. If the applicationis refused, the matter may be reviewed by the district court of the county inwhich the applicant resides pursuant to Rule 12 of the Wyoming Rules ofAppellate Procedure.

 

15-5-313. Pension application; when payments made and benefitssuspended; pension protections.

 

 

(a) Application for pension may be made prior to actualretirement upon statement of the intention to retire, but payment shall notbegin until the applicant has actually retired and his name is stricken fromthe payrolls of the city or town. Payments under this article shall be made tothe pensioner or to his beneficiaries on or before the fifth day of each monthby voucher drawn against the policemen pension fund as provided in W.S.15-5-305.

 

(b) No policeman or any of his survivors is entitled to anybenefits of this article while the policeman or his survivors are receivingpayments under the Worker's Compensation Act, but when payments under theWorker's Compensation Act terminate, the pensions of this article attach.

 

(c) The cash and securities while in the account created bythis article are exempt from any state, county or municipal tax of this state,and are not subject to execution or attachment by trustee process or otherwise,in law or equity, or under any other process whatsoever, and are notassignable.

 

15-5-314. Penalties.

 

Anyperson who violates any provision of this article is guilty of a misdemeanorand upon conviction shall be punished by a fine of not more than one hundreddollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

 

ARTICLE 4 - FIREMEN'S PENSION ACCOUNT REFORM ACT OF 1981

 

15-5-401. Citation.

 

Thisarticle is known as the "Firemen's Pension Account Reform Act of1981".

 

15-5-402. Definitions.

 

(a) As used in this article:

 

(i) "Account" means the firemen's pension accountestablished by W.S. 15-5-202;

 

(ii) "Board" means the retirement board established byW.S. 9-3-404 and includes all the powers and duties enumerated in W.S. 9-3-401through 9-3-429;

 

(iii) "Compensation" means all salary or wages payableto a member for service including contributions required by W.S. 15-5-420. Forpurposes of computing benefits under this article, compensation shall includeonly compensation on which contributions have been paid pursuant to W.S.15-5-420 and 15-5-421;

 

(iv) "Credited service" means for any member, serviceas an employee;

 

(v) "Dependent" means a dependent child or dependentparent;

 

(vi) "Dependent child" means a person who is unmarriedand either:

 

(A) Has not attained age eighteen (18); or

 

(B) Has attained age eighteen (18) but not age twenty-three(23) and is attending school on a full-time basis; or

 

(C) Has attained age eighteen (18) and is permanently disabledas the


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title15 > Chapter5

CHAPTER 5 - FIRE AND POLICE DEPARTMENTS

 

ARTICLE 1 - CIVIL SERVICE

 

15-5-101. "Commission" defined.

 

Asused in this article, "commission" means the fire department civilservice commission or the police department civil service commission.

 

15-5-102. Establishment of civil service commission or personnelsystem.

 

(a) There is established a fire department civil servicecommission in each incorporated municipality maintaining a paid fire departmentand having a population of four thousand (4,000) or more.

 

(b) The governing body in each incorporated municipalitymaintaining a paid police department and having a population of four thousand(4,000) or more which has not established a civil service commission mayestablish a police department personnel system in a manner as the governingbody determines.

 

15-5-103. Composition of civil service commission or personnel system;qualifications; terms; vacancies; oaths.

 

 

(a) Each commission consists of three (3) members who shall beappointed by the mayor and confirmed by the governing body. Each commissionershall be a qualified elector of the city and serve without compensation for aterm of three (3) years and until his successor is appointed and qualified. Ofthe three (3) commissioners first appointed, one (1) shall be appointed for aone (1) year term, one (1) for a two (2) year term, and one (1) for a three (3)year term. Not more than one (1) commissioner may be appointed from thegoverning body, and no officer or employee in the fire or police department iseligible to appointment or service as a commissioner. In the case of a vacancyor disqualification of any commissioner, the mayor, with the consent of thegoverning body, may appoint a person to serve during the unexpired portion ofthe term and until a commissioner is appointed and qualified.

 

(b) Before entering on the duties of their offices, allcommissioners shall take and subscribe before the clerk of the municipality, anoath or affirmation that in no event will they appoint or remove any personbecause of his political opinions or for any reason other than the person'sfitness or unfitness. The oaths or affirmations shall be filed with the cityclerk.

 

15-5-104. Civil service commission; offices; clerk; preliminaryexpenses.

 

The governing body shall furnish thecommission's necessary offices, office furniture, books, stationery, blanks,printing, heat, light and any other supplies. The city clerk is ex officioclerk of the commissions without extra compensation. Expenses incurred beforethe adoption of the next budget following the organization of any commissionmay be defrayed from any funds available or included in the next budget.

 

15-5-105. Employment and appointments generally; appointment ofchiefs.

 

 

(a) Except as otherwise provided by law, no person may beemployed or appointed in the fire or police department except from the list ofeligible persons certified by the commissions to the governing body.

 

(b) Appointment of a person to the office of chief of the firedepartment may be made from within or without the department and anyappointment shall be based upon competitive examinations and merit. However,subject to equal qualifications, members of the department from the next lowergrade shall be given preference for appointment to that office.

 

(c) This section does not apply to the appointment, tenure oroffice of the chief of police. However, if any member of the police departmentis appointed chief of police, he shall remain on the list of eligible personscertified and his classification remains the same at the end of his term aschief of police.

 

15-5-106. Commissions; classification of positions; working hours;salaries; exceptions; examinations.

 

(a) The commissions shall classify the various positions in thedepartments into classes or schedules based upon the nature of the service tobe rendered or duties to be performed. The governing body shall then establishuniform working hours and wages for all employees in each class or schedule andmay regulate the rate of wages and the number of employees in any class orschedule as necessary. Notwithstanding any other general law fixing salaries orgranting authority to fix salaries, the minimum salary for full-time policemenand full-time firemen in any city or town having a population of more than fourthousand (4,000) is four hundred twenty-five dollars ($425.00) per month, withan increase of twenty-five dollars ($25.00) per month for each year of servicerendered until a monthly salary of five hundred twenty-five dollars ($525.00)is reached. Any city or town may pay a salary in excess of five hundredtwenty-five dollars ($525.00) per month. Persons holding positions of highergrade or rank in these departments shall be compensated in accordance with theresponsibility of the position held, but shall receive a total salary of notless than six thousand six hundred dollars ($6,600.00) per year.

 

(b) The commission shall examine the qualifications of allapplicants for eligible ratings in any class or schedule. The examinationsshall be supervised by the commission and may be conducted by any member or aperson designated by the commission. All examinations shall be impartial andrelate only to matters which test the fitness of the persons examined toperform the services required in the class or schedule covered by theexamination. The percentage of proficiency and rating based upon examinationare those approved by the commission.

 

(c) The salary provisions of this section do not apply to aspecial fireman or policeman temporarily employed, nor to firemen or policemenemployed in a department having three (3) men or less.

 

15-5-107. Employment and appointments generally; requirements;veterans; grading; reexamination.

 

Only those persons who are seventy-fivepercent (75%) or more proficient may be certified for employment. A local firecommission may establish a higher required proficiency, in which case onlythose persons meeting the higher standard shall be certified by the commissionfor employment. The examination requirements of this section shall not apply toa person meeting the conditions of W.S. 15-5-122(a) if the person is employedby a police department. The examination requirements of this section shall notapply to a person meeting the conditions of W.S. 15-5-122(a) if the person isemployed by a fire department. All other things being equal, persons honorablydischarged from the military service of the United States shall be givenpreference for employment over other candidates. Those examined shall be gradedupon their examinations and their approved ratings or grades entered in aregister. Eligible applicants for the fire department shall remain on theregisters two (2) years, except the hiring authority of each department maychoose the option of a one (1) year register. Applicants for the policedepartment shall remain on the register one (1) year, without reexamination andcertification. However, the commission, in its discretion, may require furtherexamination as to physical fitness, health and age qualifications prior tocertifying the applicant to the governing body for employment.

 

15-5-108. Employment and appointments generally; manner of fillingpositions.

 

Ifa position is to be filled in either department, the governing body or chief ofthe department shall request from the commission the names of five (5) eligiblepersons. Upon request, the commission shall certify for departments the namesof the five (5) qualified applicants having the highest percentage ofproficiency, one (1) of whom shall be employed. If all persons certified areunsuitable for the position, the commission shall certify additional names, butthe reason for certification of the additional names shall be stated in thecertificate. If there are no registered, eligible applicants, the commissionmay allow provisional employment, or it may authorize the appointive authorityto select a suitable person for examination, and if qualified, that personshall be certified for employment.

 

15-5-109. Employment and appointments generally; trial period;eligibility for reemployment following force reduction.

 

 

(a) The first year of employment of any person in a fire departmentis on a trial basis. A trial period of employment within a police departmentmay be imposed as follows:

 

(i) For introductory employees, a period of not more than thefirst eighteen (18) months of employment;

 

(ii) For employees promoted, a period of not less than twelve(12) months.

 

(b) If the conduct of the introductory or promotional employeehas been satisfactory during the trial period, he may be regularly employed orpromoted, as applicable.

 

(c) Employees discharged because of a reduction in force areeligible for reemployment within two (2) years following the date of theirdischarge without further examination.

 

15-5-110. Filling officer vacancy.

 

Ifany vacancy occurs in the grade of officers, except the chief of a policedepartment, it shall be filled by a competent person from the next lowestgrade. The commission shall determine the competency of the person to fill thevacancy.

 

15-5-111. Temporary service; emergency employees.

 

Employmentfor temporary service shall follow the same procedure as for permanentemployees, except in case of emergency. No emergency employee may continue inservice for more than ninety (90) days, and no reappointment or employment tothe same position at the end of the period is allowed unless the emergencyemployee's name is certified by the commission as provided in W.S. 15-5-108.The official making an emergency employment shall report it to the commissionwithin three (3) days, giving the reason and the probable period of emergency.

 

15-5-112. Retention of positions; discharge; grounds and procedure;retirement of firemen.

 

(a) All persons occupying positions affected by this articlemay retain their positions until discharged or reduced in grade under itsprovisions.

 

(b) Discharge from a department, or reduction in grade orcompensation, or both, may be made for any cause, not political or religious,which will promote the efficiency of the service, on written notice andspecifications filed with the commission and served upon the person affected bythe authority requesting the discharge or reduction. The person whosedischarge or reduction is sought is allowed a reasonable time to answer thecharges in writing and demand a hearing. The commission, after hearing orinvestigation, shall determine whether the reason for discharge or reduction issufficient and established. Except as otherwise provided in subsection (c) ofthis section no person may be discharged or reduced in pay or rank withoutconsent of the commission after a hearing, unless the action is pursuant to aclassification program under W.S. 15-5-106. A copy of the specifications,notice, answer, consent and order of discharge or reduction are a part of thepublic records of the commission.

 

(c) In the case of a police department:

 

(i) A chief of police or his representative, after writtennotice, may suspend any regular employee without pay for disciplinarypurposes. The chief or his representative shall file with the commission, onor before the effective date of the suspension, a written statement of thecauses for such action;

 

(ii) A chief of police or his acting chief may discharge orreduce in grade any employee if he considers that the good of the service willbe served thereby. Any employee who is discharged or reduced in grade has theright to answer in writing the statement of the chief as to the cause for hisdischarge or reduction in grade, as the case may be, and to file this and anyother affidavits and exhibits in support of his statement with the commission.

 

(d) If any person in the fire department becomes sixty (60)years of age, the commission shall order that person retired from furtherservice. However, if the person can pass annual mental and physicalqualifications tests set by a physician chosen by the commission and governingbody and given at no cost to the employee, he may be retained until he becomessixty-five (65) years of age.

 

15-5-113. Retention of positions; review of decisions.

 

Thedecision of the commission discharging or reducing any person in rank or paymay be reviewed by the district court pursuant to Rule 12 of the Wyoming Rulesof Appellate Procedure.

 

15-5-114. Persons not eligible for appointment; criminal historyrecord information.

 

(a) No person may be appointed or employed as a regularpoliceman or officer of the police department or as a fireman or officer of afire department who:

 

(i) Has been convicted of, or against whom any indictment orinformation is pending for any offense, the punishment for which may be confinementin any penitentiary;

 

(ii) Is a notoriously bad character;

 

(iii) Is unable to read and write the English language; or

 

(iv) Lacks ordinary physical courage.

 

(b) A fire department may, as a condition for a position withthe department, require applicants to submit to fingerprinting in order toobtain state and national criminal history record information.

 

15-5-115. Order of lay off when force reduced; reemployment offiremen.

 

(a) If the force or schedule of employees of a department isreduced, the person last certified for employment in the department or employedin the department in accordance with W.S. 15-5-122 shall be the first laid off.If more than one (1) person were employed in accordance with W.S. 15-5-122simultaneously, and those persons were employed after the person last certifiedfor employment, the person with the least seniority for his previous employingentity shall be the first laid off.

 

(b) If a disabled, paid fireman, drawing a disability pension,becomes fit for active duty and his disability pension is discontinued withineighteen (18) months from the date of disability, he shall be returned toservice in the department without any loss of rank, seniority or otherprivileges, provided he has not been discharged or reduced in grade for cause.

 

(c) Former firemen who have been laid off within two (2) yearsbecause of reduction in force, and firemen who have been on a disabilitypension for more than eighteen (18) months but who have thereafter become fitfor active duty, shall be given a priority, in the order of their originalemployment, upon application for any vacancy which cannot be filled bypersonnel then within the department, provided that the former firemen andformerly disabled firemen are then persons of good standing and qualified forthe vacancy.

 

15-5-116. Politically related activities prohibited.

 

Noofficer or employee of a department shall discharge or change the amount ofcompensation of any other officer or employee, or promise or threaten to do so,for giving, withholding or neglecting to make contributions or perform servicesfor any political purpose, nor shall any officer or employee solicit politicalcontributions from any civil service employee.

 

15-5-117. Duties of commission; employee roster.

 

Thecommission shall keep at its office a roster showing the name, residence,position, date employed, compensation and duties of each person in the service.The commission has access to all public records and papers.

 

15-5-118. Duties of commission; employee certification.

 

Thecommission shall certify to the city clerk the names of employees in theservice, stating in each case the character and date of commencement of serviceand any change in service. The governing body shall not allow a bill for service,nor shall the city clerk issue a warrant for the payment of any compensation toany person not so certified.

 

15-5-119. Duties of commission; rules; other powers.

 

 

(a) The commission, together with a committee of three (3)designated by the mayor from the governing body shall adopt, and the commissionshall enforce all rules and regulations necessary for the government of theirproceedings. The commission shall:

 

(i) Adopt rules for:

 

(A) The classification of employment; and

 

(B) Promotion on the basis of merit, experience and goodrecord.

 

(ii) Prepare eligibility lists from which vacancies are to befilled;

 

(iii) Prescribe the procedure for the investigation of breachesof rules and regulations.

 

(b) The commission may compel the attendance of witnesses anddo all other things necessary to carry out the purposes and intent of thisarticle.

 

15-5-120. Prohibitions with respect to examinations.

 

 

(a) No person shall willfully or corruptly, by himself or incooperation with anyone else:

 

(i) Defeat, deceive or obstruct any person in respect to hisrights to examination;

 

(ii) Falsely mark, grade, estimate or report upon theexamination or proper standing of any person examined, or aid in doing so;

 

(iii) Make any false representations concerning the examinationor the person examined;

 

(iv) Furnish to any person any special or secret information forthe purpose of improving or injuring the prospects or chances of any personexamined or to be examined, appointed, employed or promoted.

 

15-5-121. Penalties.

 

Anyperson who violates any provision of this article is guilty of a misdemeanor,and upon conviction shall be punished by a fine of not more than one hundreddollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

 

15-5-122. Fire and police services provided under cooperativeagreements; exemption from civil service provisions; service credit.

 

(a) The examination, preference and initial employment criteriaof W.S. 15-5-105 through 15-5-108 shall not apply to a person employed in afire or police department if:

 

(i) The person was employed by a fire, emergency medical orpolice department of a county, special district, joint powers board ormunicipality not subject to this article;

 

(ii) The person becomes employed by a municipality subject tothis article as a result of a contract or agreement between the municipalityand the person's previous employing entity to jointly provide fire, emergencymedical services or police protection pursuant to W.S. 18-2-108, 16-1-101 orthe Wyoming Joint Powers Act; and

 

(iii) The new employing municipality agrees to apply theprovisions of this section to the person.

 

(b) A person meeting the conditions of subsection (a) of thissection shall:

 

(i) Be credited with his years of employment in his positionfor the previous employing entity for purposes of classification under thisarticle, including, but not limited to, the provisions of W.S. 15-5-109.Employment for the previous employing entity shall not be credited for purposesof W.S. 15-5-115, except as between persons employed pursuant to this sectionsimultaneously;

 

(ii) Not be considered to be employed in violation of themaximum age requirement for purposes of W.S. 15-5-204(d).

 

ARTICLE 2 - FIREMEN PENSIONS AND DEATH BENEFITS

 

15-5-201. Definitions.

 

(a) As used in this article:

 

(i) Repealed by Laws 1981, ch. 41, 3.

 

(ii) "Benefit unit" means each of the following:

 

(A) Each paid fireman;

 

(B) Each person receiving a monthly pension under W.S.15-5-204;

 

(C) Each person receiving a disability pension under W.S.15-5-204;

 

(D) Each account of a deceased or retired fireman from whichmonthly pension payments are being made to any person under W.S. 15-5-205 and15-5-206.

 

(iii) "Compensation Act" means the Wyoming Worker'sCompensation Act, W.S. 27-14-101 through 27-14-307;

 

(iv) "Fireman first class" means the highest salarygrade which a fireman can obtain within his department without any promotion inrank. The term specifically excludes chiefs, officers, engineers, fireequipment operators, secretaries, mechanics, inspectors and all otherspecialized grades, ratings and ranks;

 

(v) Repealed by Laws 1981, ch. 41, 3.

 

(vi) Repealed by Laws 1981, ch. 41, 3.

 

(vii) Repealed By Laws 2009, Ch. 90, 3.

 

(viii) "Injured, disabled or killed in the line of duty"means that a paid or volunteer fireman is injured or disabled when he meetswith bodily or mental injury while actually engaged in the repair, upkeep orcare of fire apparatus, or in the performance of duties prescribed in themaintenance and operation of a fire department;

 

(ix) "Maximum monthly salary of a fireman first class"means the gross monthly salary of a fireman first class, including the greatestlongevity or additional monthly salary increase for length of service, asestablished by the city, town or county which employed the retired, disabled ordeceased paid fireman, and including contributions required by W.S. 15-5-203;

 

(x) "Minimum annual cash requirement of the account"means the amount of cash needed to meet the known required disbursements fromthe firemen's pension account during the upcoming fiscal year, reduced by theanticipated cash account balance of the firemen's pension account on hand atthe end of the current fiscal year;

 

(xi) "Paid fireman" means an individual regularlyemployed and paid by any city, town, county or fire protection district fordevoting his entire time of employment to the care, operation and requirementsof a regularly constituted fire department;

 

(xii) Repealed by Laws 1981, ch. 41, 3.

 

(xiii) "Twenty years active service" means that anindividual's principal means of livelihood for twenty (20) years has beenemployment by one (1) or more cities, towns, counties or fire protectiondistricts as a member of a regularly constituted fire department and that theindividual has been carried on the payrolls thereof for that period of time;

 

(xiv) "Volunteer fireman" means an individual whodevotes less than his entire time of employment to, but who is carried on therolls of a regularly constituted fire department, the members of which may bepartly paid and partly volunteer. Payment of compensation for servicesactually rendered by enrolled volunteers does not take them out of thisclassification. Any individual who volunteers assistance but is not regularlyenrolled as a fireman is not a volunteer within the meaning of this article;

 

(xv) "Board" means the retirement board created byW.S. 9-3-404;

 

(xvi) "Employer" means any incorporated municipality,county or fire protection district offering fire protection or public safetyservices employing one (1) or more members.

 

15-5-202. Pension account; creation; administration; donations;investment; dual participation prohibited.

 

(a) There is created a firemen's pension account for thepurpose of paying the awards, benefits and pensions under the provisions ofthis article. The account shall be administered by the board through thedirector. The board has full custody and control of the account with fullpower over its administration. The director of the state department of auditor his designee shall make a biennial audit of the account and the receiptsthereto and disbursements therefrom and report his findings to the governor andthe legislature. The account shall be administered without liability on thepart of the state beyond the amount of the funds. All expenses ofadministration shall be paid from the account.

 

(b) Repealed By Laws 1997, ch. 69, 2.

 

(c) The board is empowered to:

 

(i) Receive and credit to the account any and all gifts,donations and contributions as may be made by individuals and organizations forthe benefit of the account;

 

(ii) Invest all account monies not immediately necessary for disbursementsin any of the securities and in any amounts authorized by W.S. 9-3-408.

 

(d) No paid fireman shall participate as a member of thefiremen's pension account established under this article and as a member of thevolunteer firemen's pension account established under W.S. 35-9-601 through35-9-615 if participation is based upon covered service with the same firedepartment.

 

15-5-203. Firemen and employer contributions; imposition at discretionof board; amounts; how and when collected, suspended and reinstated.

 

(a) In addition to the amount appropriated to the firemen'spension account by W.S. 15-5-202, every paid fireman may, at the discretion ofthe board, be assessed not more than eight percent (8%) of his gross monthlysalary for the use and benefit of the account, up to the maximum monthly salaryof a fireman first class. Any salary assessment imposed under this subsectionshall be withheld monthly from his salary by the treasurer or other disbursingofficer of the city, town or county.

 

(b) Repealed by Laws 1981, ch. 41, 3.

 

(c) Repealed by Laws 1981, ch. 41, 3.

 

(d) Upon a determination by the board in accordance withsubsection (g) of this section, every employer shall pay into the account foreach paid fireman it employs an amount not to exceed twenty-one percent (21%)of the salary of a fireman first class. Any contributions imposed under thissubsection, together with the paid firemen's contributions, shall betransferred and credited to the account in a manner as the board directs. Ifthe contributions are not transferred to the board when due, they may berecovered, together with interest at the rate of ten percent (10%) per annum inan action brought for that purpose in the district court for the county inwhich the employer has its principal office.

 

(e) The contributions required by subsection (a) of thissection shall be paid by the employer for paid firemen covered under thisarticle in order to be treated as employer contributions for the sole purposeof determining tax treatment under the United States internal revenue code.

 

(f) The contributions under subsection (e) of this sectionshall be paid from the source of funds which is used in paying salary to paidfiremen covered under this article. The employer may pay these contributionsby a reduction in cash salary of the paid firemen or by an offset against afuture salary increase, or by a combination of a reduction in salary and anoffset against a future salary increase, provided:

 

(i) No such salary reduction or offset, or combination thereof,shall exceed the percentage amount actually being deducted from an employee'ssalary for contributions to the firemen's pension account as of July 1, 1983;and

 

(ii) Any employer may pay any amount of an employee's share ofretirement contributions without a salary reduction or offset, or combinationthereof.

 

(g) Based upon findings and recommendations of the Wyomingretirement system actuary, the board shall determine if contributions undersubsections (a) and (d) of this section are necessary for the continued paymentof benefits under this article. Any contributions imposed by the board uponpaid firemen and employers shall bear the ratio provided for the maximumcontribution rates authorized under subsections (a) and (d) of this section. If contributions are reinstated at any time following suspension ofcontributions, the board shall provide notice of reinstated contributions tofiremen and employers not less than six (6) months prior to the date ofimposition.

 

15-5-204. Pensions; amounts; qualifications; when paid; disabilitybenefits; disqualifications; examinations; disallowance; actions; adjustment.

 

(a) Any person qualifying may retire from active service andreceive a monthly pension of seventy-five percent (75%) of the maximum monthlysalary of a fireman first class. Any benefit increases which may occur shallnot subsequently be withdrawn. This benefit accrues to any paid fireman who hascompleted twenty (20) years of active service in regularly constituted firedepartments of any cities, towns, counties or fire protection districts and toany paid fireman suffering from a mental or physical disability rendering himunfit for active duty. Any paid fireman covered under this article may continueservice beyond twenty (20) years and receive an additional benefit of one andone-half percent (1.5%) of the maximum salary of a fireman first class for eachyear of service beyond twenty (20) years.

 

(b) Any fireman with less than ten (10) years of service uponterminating his employment for any reason shall receive in a lump sum a refundof all the money he has contributed to the firemen's pension account. Refund ofsuch contributions extinguishes all rights to any benefits under this article.

 

(c) After ten (10) years as a full time paid fireman, anyfireman upon terminating his employment for any reason may have his choice of:

 

(i) A refund, in a lump sum, of all the money he hascontributed into the firemen's pension account, less one-half percent (1/2%)for bookkeeping costs; or

 

(ii) Upon the twentieth anniversary of the date of hisemployment as a full time paid fireman he may draw a monthly pension computedas follows:

 

Number of years service x 75% of themaximum

 

monthly salary of a fireman first class

 

_______________

 

20

 

(d) No fireman is entitled to draw a disability pension if theprimary cause of the mental or physical disability which renders him unfit foractive duty is alcoholism, substance abuse or addiction or an injury incurredas a result of the commission of a crime of a voluntary nature, or a mental orphysical condition which existed at the time of his employment.

 

(e) The board may require firemen applying for or drawing adisability pension to submit periodically to a physical or mental examinationby a physician it selects and to furnish relevant information it requests. Ifthe physician's report, or other evidence available to the board, shows thatthe fireman is not qualified for the disability pension, or that he is fit foractive duty, the board shall disallow or discontinue the payment of the monthlydisability pension. Examining physicians selected by the board shall be paidfrom the account in accordance with existing worker's compensation schedulesfor examinations.

 

(f) Any applicant or beneficiary of the firemen's pensionaccount aggrieved by a disallowance or discontinuance of pension benefits has aright to commence an action in the district court of the county in which theapplicant resides, naming the board, as custodian of the firemen's pensionaccount, as the party defendant, to have his rights to pension benefitsdetermined before a judge of the district court.

 

(g) Any pension benefit, survivor benefit or disability benefitreceived by an eligible individual under this article, and the fireman for whomthe benefit is generated has been retired for a period of not less than one (1)year, shall be increased each year by at least three percent (3%). In the eventthe most current actuarial valuation indicates the market value of assets isgreater than one hundred fifteen percent (115%) of the actuarial value ofliabilities, the board may increase the benefit by an amount determinedaffordable by the actuary, but in no case shall the total increase be greaterthan five percent (5%) of the benefit. Any increase under this subsection shallbe added to the pension benefit, survivor benefit or disability benefit andcompounded for purposes of determining the total benefit amount in subsequentyears.

 

(h) The board shall adopt rules to allow service for any periodof time, after commencement of participation under this article, which anemployee spends in active military or other emergency service of the UnitedStates as required by the Uniformed Services Employment and Reemployment RightsAct, 38 U.S.C. 4301 et seq.

 

15-5-205. Death benefits to surviving spouse; amounts; limitations;length of payments.

 

(a) If any paid fireman dies from any cause, the board shallpay to the surviving spouse a monthly pension equal to the greater of themonthly benefit payable to the fireman under W.S. 15-5-204 or the monthlybenefit payable under W.S. 15-5-204(a) for twenty (20) years of active service.Benefits payable under this subsection shall be paid out of the firemen'spension account and shall continue for the spouse's life.

 

(b) If the fireman is a retired fireman drawing his pension atthe time of his death, the board shall pay to the surviving spouse a monthlypension equal to the monthly benefit payable to the fireman under W.S. 15-5-204.Benefits payable under this subsection shall be paid out of the firemen'spension account and shall continue for the spouse's life.

 

(c) Repealed By Laws 2001, Ch. 36, 2.

 

15-5-206. Death benefits to dependent father and mother; amounts.

 

Ifany paid fireman dies, leaving no surviving spouse or children, but leaves asurviving dependent father or mother or both, the board shall pay to the motherif there is no father, to the father if there is no mother or to both, out ofthe firemen's pension account, a monthly amount equal to the pension theretired fireman was receiving if retired at the time of his death, or if inactive service at the time of death, a monthly amount equal to the greater ofthe monthly benefit payable to the fireman under W.S. 15-2-204 at the time ofhis death or the monthly benefit payable under W.S. 15-2-204(a) for twenty (20)years of active service. If either the surviving mother or father dies afterthe payments have started, the board shall pay to the surviving parent the fullamount as computed under this section.

 

15-5-207. Application for benefits; statement filed; determination;review; appeal.

 

Ifany fireman, his surviving spouse, dependent children or dependent parents areentitled to any pension or benefits under this article, the fireman, or in theevent of his death, the chief of the fire department of which he was a member,or some other proper person, shall apply by filing a complete and concisestatement of the facts necessary to entitle the fireman or the fireman'ssurviving spouse or children or parents to the benefits or pension. Theapplication shall be filed with the board upon forms it provides. The board isempowered to investigate the application and determine whether or not it shouldbe granted and to hear evidence as to the justice of the application, or torequire and receive affidavits as to the truth of the statements made in theapplication. If the application is refused, the matter may be taken, bypetition, before the district court of the county in which the applicantresides. The court shall notify the board of the date set for hearing. Thedecision of the district court is binding upon the board and applicant unlessappealed from according to the procedure provided under the Worker's CompensationAct.

 

15-5-208. Pension application; payments thereafter; when benefitssuspended.

 

Applicationfor pension may be made prior to actual retirement upon statement of theintention to retire, but payment shall not begin until the applicant hasactually retired and his name is stricken from the payroll of the city or town.No fireman or any of his survivors is entitled to any of the benefits of thisarticle while the fireman or his survivors are receiving payments under theWorker's Compensation Act, but when the payments under the Worker'sCompensation Act terminate, his or their rights to the benefits of this articleattach. Any fireman who is entitled to the benefits of insurance paid for fromthe general fund of any city or town is not entitled to any of the benefits ofthis article until the insurance payments cease.

 

15-5-209. Payments; when and how made; protections; nonassignability;qualified domestic relations order.

 

 

(a) Payments made under this article shall be made to thebeneficiaries on or before the fifth day of each month and shall be made byvoucher approved by the board or its designee drawn against the firemen'spension account and paid by the board out of the account. No payments madeunder this article are subject to judgment, attachment, execution, garnishmentor other legal process and are not assignable nor shall the board recognize anyassignment nor pay over any sum assigned.

 

(b) Notwithstanding subsection (a) of this section, paymentsunder this article may be made in accordance with qualified domestic relationsorders pursuant to W.S. 9-3-426.

 

15-5-210. Repealed By Laws 1996, ch. 6, 2.

 

 

ARTICLE 3 - POLICEMEN PENSIONS AND DEATH BENEFITS

 

15-5-301. Pension fund; establishment; separate accounts.

 

The governing body of any city or townmaintaining a paid police department and having a population of more than fourthousand (4,000), after ten (10) days published notice and a public hearingthereon, may establish a policemen pension fund. Any such fund establishedprior to July 1, 1981 shall be divided into two (2) separate accounts to beknown as the existing account and the new account. The existing account shallconsist of contributions from police officers employed prior to July 1, 1981and city or town contributions made in those officers' behalf. The new accountshall consist of contributions made from police officers employed after June30, 1981 and city or town contributions made in those officers' behalf.

 

15-5-302. Pension fund; contributions; salary deductions; unfundedliability; city or town and state responsibilities; adjustment ofcontributions.

 

(a) The city or town shall contribute annually to the existingaccount an actuarially determined amount which combined with the policeofficers' contributions, or contributions made on his behalf, will besufficient to meet the normal costs of the account. The proceeds from thecontribution shall be placed with the city treasurer in the existing accountwithin the policemen pension fund. In addition, in accordance with subsection(f) of this section, the city treasurer may deduct from the salary of eachpolice officer employed prior to July 1, 1981, an amount not to exceed eightpercent (8%) of the monthly compensation payable to that officer and, ifdeducted, shall place it in the existing account within the policemen pensionfund. In lieu of deducting from the salary of each police officer the amountspecified in this subsection, the city treasurer may, upon approval by thegoverning body of the city or town, contribute a like amount into the policemenpension fund.

 

(b) Notwithstanding the provisions of subsection (a) of thissection, the city treasurer may deduct from the salary of each police officeremployed after June 30, 1981 an amount specified by the board, which shall beactuarially determined. Each city or town shall contribute an amount equal tothe amount contributed by each police officer, or by the city or town on behalfof the police officer, under this subsection. All contributions under thissubsection shall be deposited in the new account within the policemen pensionfund.

 

(c) Repealed By Laws 2010, Ch. 69, 204.

 

(d) Repealed By Laws 2010, Ch. 69, 204.

 

(e) In addition to other contributions imposed under thissection, each city or town and each police officer shall contribute an equalamount to the account, specified by the board, which shall be actuariallydetermined, to meet the costs to the account for providing benefits under W.S.15-5-309.

 

(f) Annually, not later than November 1, based on an actuarialdetermination in writing, the board shall notify the city treasurer in writingof the amount of contributions to deduct from the salary of each police officerspecified in subsection (a) of this section. Contributions shall be adjustedeffective January 1 following, and in accordance with, the board's notice tothe city treasurer. The contributions shall remain in effect for the nextsucceeding calendar year. In no case shall contributions be less than eightpercent (8%) in any year, if the fund is not funded one hundred percent (100%)on an actuarial basis as certified to the board in writing by an enrolledactuary.

 

15-5-303. Pension board; composition; election and term of policemembers.

 

Ifa policemen pension fund is established, the governing body and three (3)members elected from the police department constitute the policemen pensionboard to manage the fund as provided in this article. The police departmentshall elect three (3) regular qualified members to the board every two (2) years.The election shall be held in the police headquarters on a date fixed by thesecretary of the board, but not more than thirty (30) nor less than fifteen(15) days before the regular municipal election. Written notice of thenomination of any member of the department for membership on the board shall befiled with the secretary of the board. Each notice of nomination shall besigned by not less than three (3) members of the department, and any member maysign more than three (3) notices of nomination. Notice of the dates upon whichnotices of nomination may be filed and for the election shall be given by thesecretary of the board by posting a written notice in a prominent place in thepolice department headquarters. The secretary shall furnish printed ortypewritten ballots containing the names of all persons nominated formembership and a ballot box for the election. The chief of the department shallappoint two (2) members of the department to act as officials of the election,and they shall receive their regular wages for the day, but no additionalcompensation. The polls shall open at 8:00 a.m. and remain open as longthereafter, not exceeding twelve (12) hours, as will afford each member of thedepartment an opportunity to vote. Each member of the police department isentitled to vote for three (3) persons as board members. The three (3) nomineesreceiving the highest number of votes are elected as members of the board, andtheir terms commence on the same date as does the term of the mayor of the cityor town.

 

15-5-304. Pension board; officers; reports; information.

 

Themayor is ex officio chairman of the board, and the members of the board shallelect the other necessary officers. The secretary of the board shall makeannual reports to the governing body on the condition of the fund, the receiptsand disbursements thereto, together with a complete list of the beneficiariesof the fund, and the amount paid to each. The city treasurer, from the recordsof his office, shall furnish the secretary with any pertinent informationneeded to compile the reports or to furnish the board with necessaryinformation.

 

15-5-305. Pension board; meetings; record and quorum; list of entitledpensioners; vouchers.

 

 

(a) The board shall meet at least once each month as scheduledby the board and otherwise upon the call of the chairman. It shall keep arecord of its proceedings, which is a public record. A majority of all themembers of the board constitutes a quorum with the power to transact business.

 

(b) At each monthly meeting the board shall send to thetreasurer of the city or town a list of all persons entitled to payment fromthe fund, stating the amount and purpose of the payments. The list shall becertified to and signed by the chairman and secretary of the board, attestedunder oath, and shall be filed by the treasurer in his office as a permanentrecord. The treasurer of the city or town shall then make out a regular cityvoucher for each of the persons named in the list, or a city voucher in themanner payrolls are handled in cities with the commission form of government,for the amounts specified, showing the purpose for which it is granted. Thevouchers, without further individual certification, shall be approved by thegoverning body for payment from the available funds of the pension fund at thenext meeting at which vouchers are handled. The vouchers shall be paid in thesame manner in which other claims against the city or town are paid.

 

15-5-306. Board powers and duties.

 

(a) The board has the power to compel witnesses to attend andtestify before it upon all matters connected with the operation of this articlein the same manner as provided by law for the taking of testimony in courts ofrecord in this state. The chairman or any member of the board may administeroaths to witnesses.

 

(b) The board may provide for the payment from the fund of allnecessary expenses and printing not to exceed five percent (5%) of the annualrevenue. However, no compensation or emolument may be paid to any member of theboard for any duty required or performed under this article.

 

(c) The board may make all necessary rules and regulations forits guidance in conformity with the provisions of this article.

 

(d) Upon recommendation of the board the governing body of eachcity or town may hire a professional investment counselor or management firm tomake recommendations on the investment of monies in the fund, which may beinvested in any securities specified in W.S. 9-3-408(b). The cost of suchcounselor or firm shall be paid from the fund.

 

(e) The board shall:

 

(i) At least once in every six (6) year period cause anactuarial valuation of the accounts within the fund to be made;

 

(ii) At least every two (2) years cause an actuarialinvestigation of all the experience under the accounts within the fund to bemade;

 

(iii) Pay out of funds which shall be provided by the cities ortowns the cost of the valuations and investigations under paragraphs (i) and(ii) of this subsection;

 

(iv) Reduce employee and employer contribution rates under W.S.15-5-302(b), in an amount to be actuarially determined, if at any time theassets in the existing or new accounts of the fund exceed the liabilities inthose accounts.

 

15-5-307. Retirement age; length of service; pension amounts; leavingservice early; benefit adjustment.

 

(a) When any person duly appointed or selected and sworn as amember in any capacity or rank, other than department chief, of the policedepartment of any city or town subject to the provisions of this articlebecomes sixty (60) years of age, the board shall order that person retired fromfurther service. When any person has served twenty (20) years with the samepolice department, he may retire at that time, although not sixty (60) years ofage, except that any person employed after June 30, 1981 shall serve for twenty(20) continuous years with the same department in order to be eligible forretirement prior to age sixty (60). When the board issues an order ofretirement, it terminates the service of the person in the police department,except as provided in cases of emergency, and that person during his lifetimeshall be paid a yearly pension equal to two and one-half percent (2 1/2%) ofthe average annual salary received during his highest paid five (5) yearperiod, multiplied by the number of years service. However, no pension mayexceed sixty-two and one-half percent (62 1/2%) of the average salary for thefive (5) year period.

 

(b) If for any reason the person leaves the service beforecompletion of ten (10) years of service he shall receive in one (1) sum theamount without interest he has paid into the pension fund. After the completionof ten (10) years service he has the option of drawing out the money paid in orleaving it until he reaches the age of sixty (60) years and then being eligibleto retire under the provisions of this section.

 

(c) In addition to any other benefit provided by this section,each retired person shall receive a benefit of three percent (3%) per year foreach full year that person has received retirement payments under this articleprior to July 1, 1981.

 

15-5-308. Retirement age; physical disability; pension amounts;reinstatement.

 

 

(a) If any person, while serving as a policeman is physicallydisabled as a result of any bodily injury received in the immediate or directperformance or discharge of his duties, the board, upon his written requestfiled with the secretary of the board, or without the written request if itdeems it to be for the benefit of the public, shall retire that person from thedepartment and order that he be paid from the fund during his lifetime amonthly pension equal to sixty-two and one-half percent (62 1/2%) of the amountof his regular monthly salary, effective at the time of his retirement. If theofficer's disability is off-duty related, the officer shall receive a monthlypension equal to fifty percent (50%) of his monthly salary effective at thetime of his retirement. If the disability ceases, the pension shall cease, andthe person shall be restored to active service at the existing salary of hisposition or rank at the time he is reinstated.

 

(b) Repealed by Laws 1991, ch. 71, 2.

 

15-5-309. Death benefits; surviving spouse and children; amounts;length of payments; benefit adjustment.

 

 

(a) Upon the death from any cause, of any person appointed orselected and sworn as a member in any capacity or rank of the police departmentof any city or town subject to the provisions of this article, the board shallpay a monthly pension of fifty percent (50%) of the deceased officer's monthlysalary out of the funds to his surviving spouse. The pension shall continueduring her life or until she remarries. In addition, the board shall pay to thesurviving spouse out of the fund six percent (6%) of the deceased officer'smonthly salary per month for the support and maintenance of each child of thedeceased officer who is under eighteen (18) years of age and was supported byhim prior to his death. The payments shall continue until the child becomeseighteen (18) years of age or marries.

 

(b) If the police officer is retired and drawing his pension atthe time of his death, and leaves a wife surviving, the board shall pay amonthly pension out of the fund to his surviving spouse equal to two-thirds(2/3) of the pension the retired police officer was receiving at the time ofhis death. In addition, the board shall pay to the surviving spouse or legalguardian sixty dollars ($60.00) per month out of the fund for the support andmaintenance of each child of the deceased, retired officer who is undereighteen (18) years of age and was supported by him prior to his death. Thepayments shall continue until the child becomes eighteen (18) years of age ormarries.

 

(c) In addition to any other benefit provided by this section,each surviving spouse of a person who died while receiving retirement paymentsunder this article shall receive a benefit of three percent (3%) for each fullyear that payments were made under this article prior to July 1, 1981 to boththe retired person before death and the surviving spouse.

 

(d) Effective July 1, 1987, any surviving spouse and anysurviving child of any officer who died prior to July 1, 1979 while a swornmember of the police department of any city or town subject to this articleshall receive a benefit in an amount as provided in subsection (a) of thissection.

 

15-5-310. Examination of disabled retiree.

 

Anyperson retired for disability may be summoned by written notice to appearbefore the board at any time thereafter for examination as to his fitness forduty, and he shall abide by the decision and order of the board with referencethereto.

 

15-5-311. Benefits terminated upon felony conviction.

 

Ifany person receiving any benefit from the fund is convicted of a felony, theboard shall order that the pension granted to that person immediately cease,and he shall receive no further pension allowance or benefit under thisarticle.

 

15-5-312. Application for benefits; statement filed; determination; review.

 

Ifany policeman, his surviving wife, dependent children or dependent parents areentitled to any pension or benefits under this article, the policeman, or inthe event of his death the dependent, shall apply for benefits or pension byfiling a complete and concise statement of facts necessary to entitle theapplicant to the benefits or pension. The application shall be filed with theboard upon forms it provides. The board may investigate each application anddetermine whether benefits or pension should be granted. The board may alsohear evidence as to the justice of the application, or require and receiveaffidavits as to the truth of the statements made therein. If the applicationis refused, the matter may be reviewed by the district court of the county inwhich the applicant resides pursuant to Rule 12 of the Wyoming Rules ofAppellate Procedure.

 

15-5-313. Pension application; when payments made and benefitssuspended; pension protections.

 

 

(a) Application for pension may be made prior to actualretirement upon statement of the intention to retire, but payment shall notbegin until the applicant has actually retired and his name is stricken fromthe payrolls of the city or town. Payments under this article shall be made tothe pensioner or to his beneficiaries on or before the fifth day of each monthby voucher drawn against the policemen pension fund as provided in W.S.15-5-305.

 

(b) No policeman or any of his survivors is entitled to anybenefits of this article while the policeman or his survivors are receivingpayments under the Worker's Compensation Act, but when payments under theWorker's Compensation Act terminate, the pensions of this article attach.

 

(c) The cash and securities while in the account created bythis article are exempt from any state, county or municipal tax of this state,and are not subject to execution or attachment by trustee process or otherwise,in law or equity, or under any other process whatsoever, and are notassignable.

 

15-5-314. Penalties.

 

Anyperson who violates any provision of this article is guilty of a misdemeanorand upon conviction shall be punished by a fine of not more than one hundreddollars ($100.00), or imprisonment for not more than thirty (30) days, or both.

 

ARTICLE 4 - FIREMEN'S PENSION ACCOUNT REFORM ACT OF 1981

 

15-5-401. Citation.

 

Thisarticle is known as the "Firemen's Pension Account Reform Act of1981".

 

15-5-402. Definitions.

 

(a) As used in this article:

 

(i) "Account" means the firemen's pension accountestablished by W.S. 15-5-202;

 

(ii) "Board" means the retirement board established byW.S. 9-3-404 and includes all the powers and duties enumerated in W.S. 9-3-401through 9-3-429;

 

(iii) "Compensation" means all salary or wages payableto a member for service including contributions required by W.S. 15-5-420. Forpurposes of computing benefits under this article, compensation shall includeonly compensation on which contributions have been paid pursuant to W.S.15-5-420 and 15-5-421;

 

(iv) "Credited service" means for any member, serviceas an employee;

 

(v) "Dependent" means a dependent child or dependentparent;

 

(vi) "Dependent child" means a person who is unmarriedand either:

 

(A) Has not attained age eighteen (18); or

 

(B) Has attained age eighteen (18) but not age twenty-three(23) and is attending school on a full-time basis; or

 

(C) Has attained age eighteen (18) and is permanently disabledas the

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