State Codes and Statutes

Statutes > Wyoming > Title9 > Chapter3

CHAPTER 3 - COMPENSATION AND BENEFITS

 

ARTICLE 1 - SALARIES AND EXPENSES

 

9-3-101. Salaries; amount; date of payment.

 

(a) Salaries for clerk of the supreme court and district courtreporters shall be determined by the supreme court as authorized by legislativeappropriations. Subject to constitutional limitations the following stateofficers and members of the judiciary shall receive the salaries indicated bythe figures following their respective titles:

 

(i) Governor------------------------------ $105,000.00

 

(ii) Secretary of state-------------------- $92,000.00

 

(iii) State auditor------------------------------- .....$92,000.00

 

(iv) State treasurer....------------------- $92,000.00

 

(v) Superintendent of public instruction----------
-------------------------------------------------- $92,000.00

 

(vi) Repealed by Laws 1988, ch. 96, 2.

 

(vii) Repealed by Laws 1988, ch. 96, 3.

 

(b) When a state officer is required to simultaneously serve inhis office as a temporary or acting replacement for another officer, he shallreceive only the salary of the office he holds.

 

(c) Except as otherwise provided by law, other state employeesand officers, including members of boards and commissions, shall receivesalaries in amounts as provided by W.S. 9-2-1005(b)(iv) and 27-5-101.

 

(d) Except for employees paid hourly, or by hard copy payrollcheck, as determined by the state auditor's office, overtime and shiftdifferential pay and employees and officers of the University of Wyoming, stateemployees and officers on automatic payroll direct deposit shall be paid on thelast working day of the month for wages earned during that month. Hourly payshall be paid to state employees on automatic payroll direct deposit on thelast working day of the month for wages earned from the sixteenth day of thepreceding month through the fifteenth day of the current month. Overtime andshift differential pay shall be paid to state employees on automatic payrolldirect deposit no later than the last working day of the month following themonth in which overtime and shift differential pay was earned. Employees andofficers paid by hard copy payroll check shall have their payroll check mailedand post marked not later than the last working day of the month. TheUniversity of Wyoming is exempt from this subsection.

 

(e) The state auditor and payroll officers for employees of thedepartment of transportation, the University of Wyoming and community collegesmay establish payroll check-off programs for state employees under whichpayments to third-parties are made directly from deductions from state employeepayroll payments for supplemental medical plans, disability plans, lifeinsurance plans and annuities. The state auditor and other payroll officersauthorized to establish a payroll check-off program may impose an initial feeof up to one thousand five hundred dollars ($1,500.00) for each deduction filedupon a third-party for which check-off payments are established and thereafter,may impose an annual fee of two dollars ($2.00) per enrolled employee. Thestate auditor and other payroll officers authorized to establish a payrollcheck-off program may establish rules and regulations to implement the program.

 

9-3-102. Meal allowance; actual expenses; exceptions.

 

(a) Unless otherwise provided by law, when any state officer oremployee is required to travel on overnight trips for official business of thestate, he is entitled to receive in addition to transportation expenses asprovided by W.S. 9-3-103, lodging expenses, an allowance for meals andincidental expenses and other reimbursable expenses. The lodging and meal andincidental expense allowance shall be as determined by the governor for thestate and by the governing body of any other entity using the state rate forthat entity, but shall not exceed the published federal travel regulation ratesin effect at the time of travel. The meal and incidental expense allowanceshall be computed so as to pay seventy-five percent (75%) of the destinationrate on the day of departure, one hundred percent (100%) on all interim days ofofficial travel and seventy-five percent (75%) of the previous day's rate onthe day of return. Lodging expenses shall be reimbursed up to the amountprescribed in the federal travel regulation as provided in this subsection. Thehead of the respective agency may approve lodging expenses in excess of thepublished rate. In addition:

 

(i) Meal expenses, either directly billed to the state, orincluded in registration, seminar and conference fees paid by the state onbehalf of the state officer or employee are considered part of the meal andincidental expense allowance and shall be deducted from the allowance claim ofthe state officer or employee;

 

(ii) The head of the agency to be charged for the expense, orhis designee, shall approve the claim for payment. State officers or employeesshall not approve their own claims. The head of the agency is responsible todetermine the veracity of each claim;

 

(iii) Any reimbursable expenses claimed in excess of fifteendollars ($15.00) shall be supported by original vendor receipts or a swornstatement attesting to the expense, signed under penalty of false swearing bythe claimant, and shall be attached to the voucher submitted to the stateauditor for payment.

 

(b) Instead of the full meal and incidental expense allowancespecified in subsection (a) of this section, the state officer or employee willbe reimbursed for actual expenses for meals and gratuities while conductingofficial business of the state, not to exceed seventy-five percent (75%) of thedaily meal and incidental expense allowance for the location of the officialbusiness if the officer or employee:

 

(i) Is required to travel on a one (1) day trip of twenty-four(24) hours or less during which it is reasonable to assume no sleep or rest isrequired; or

 

(ii) Repealed By Laws 2001, Ch. 101, 2.

 

(iii) Is required to eat a meal at an official meeting of a statecommittee, commission, board or council held in the community of the stateofficer's or employee's official domicile.

 

(c) Repealed by Laws 1983, ch. 102, 2.

 

(d) Actual expenses in excess of the amounts specified insubsection (a) of this section may be reimbursed for in-state or out-of-statetravel, with the prior approval of the agency director if:

 

(i) Specific prior trip approval has been given by the head ofthe respective agency if the agency is within the executive branch, themanagement council for the legislative branch and the chief justice of thesupreme court for the judicial branch; and

 

(ii) The original itemized vendor receipts supporting amountsclaimed for lodging and employee meals and gratuities where the total amount ofthe meal and gratuity exceeds fifteen dollars ($15.00), accompany the claimsubmitted to the state auditor for payment. No reimbursement shall be claimedor paid for any alcoholic beverage.

 

(e) Claims for lodging and meal and incidental expenseallowance or actual expense reimbursement shall be submitted to the stateauditor for payment in the manner and form prescribed by him.

 

(f) This section does not apply to the state transportation andgame and fish departments.

 

(g) Any voucher for reimbursement under this section or W.S.9-3-103 shall be signed and certified under penalty of false swearing pursuantto W.S. 6-5-303.

 

(h) As used in the section:

 

(i) "Destination" means the location of the employeeat midnight, or if still traveling at midnight, the location where lodging issecured;

 

(ii) "Incidental expense" means fees and tips given toporters, baggage carriers, bellhops, hotel maids, stewards or stewardesses andothers on ships and hotel servants in foreign countries;

 

(iii) "Meal" means expenses for breakfast, lunch, dinnerand related tips and taxes, but does not include expenses incurred foralcoholic beverages, entertainment or any expenses incurred for other persons;

 

(iv) "Reimbursable expenses" means other expenses thatare inherently travel related and not included in the meal and incidentalexpense allowance.

 

9-3-103. Transportation expenses; limitation on longevity orlength-of-service allowances.

 

(a) Any state, county or precinct officer or employee requiredto travel in the performance of the duties of his office is entitled to receivereimbursement for all actual and necessary transportation expenses incurred asprovided by one (1) of the following methods:

 

(i) If common carrier transportation is used, the actualexpense not to exceed economy fare charged the general public is reimbursable.If deluxe accommodations are desired, the amount exceeding economy fare shallbe paid personally by the officer or employee. Passenger coupons issued by thetransportation company or an official fare receipt shall accompany the claimsubmitted to the state auditor or the board of county commissioners for auditand payment. With prior approval of the respective executive agency head, themanagement council or the chief justice of the supreme court, actual expensesin excess of the economy fare may be reimbursed;

 

(ii) If rented, chartered or contracted vehicle transportationis used, reimbursement is limited to reasonable rates determined by theadministrative head of the governmental unit where claim is submitted. The vendor'sofficial receipt for charges shall accompany the claim submitted to the stateauditor or board of county commissioners for audit and payment;

 

(iii) If private vehicle transportation is used, reimbursementshall be as determined by the governor for the state and by the governing bodyof any other entity, based on a mileage allowance not to exceed the maximumnontaxable rates allowed by the internal revenue service at the time of travel.

 

(A) Repealed By Laws 2001, Ch. 23, 2.

 

(B) Repealed By Laws 2001, Ch. 23, 2.

 

(C) Repealed By Laws 2001, Ch. 23, 2.

 

(b) At the discretion of the administrative head of thegovernmental unit in which claim is submitted, reimbursement may be authorizedfor actual but necessary vehicle parking fees, car wash expenses, toll fees,taxi fares and taxi driver tips.

 

(c) Before any claim for transportation expenses is paid, theclaimant shall present to the state auditor or the board of countycommissioners for audit and payment a verified claim made out in separate itemsproperly dated. The value of each item shall be specifically described to thesatisfaction of the auditing officer or board to indicate that the expense hasbeen properly incurred for the benefit of the state or county in pursuance ofthe claimant's official duties.

 

(d) County commissioners shall at all times receivetransportation expense reimbursement when engaged upon official countybusiness. Other officers of the county shall receive transportation expensereimbursement subject to the approval of the board of county commissioners.

 

(e) No state official or employee shall receive transportationexpense reimbursement when traveling from his residence to the place of hisemployment and return.

 

(f) A state officer, judge or employee whose salary is fixed byW.S. 9-3-101 or by any other specific act of the legislature shall not receiveany additional allowance based on longevity or length of service, or any othercompensation, perquisite or allowances whatever except per diem and necessary travelingand moving expenses when otherwise authorized by law. If any officer, judge oremployee, or any retired officer, judge or employee, is receiving compensationor retirement benefits on the effective date of this act which include anadditional allowance for longevity or length of service previously authorized,those compensation or retirement benefits shall not be immediately reduced ordiminished, but that portion of the compensation or retirement benefits beingreceived on the effective date of this act which is attributable to longevityor length of service allowance shall be reduced or disallowed to the extent itis offset by future increases in salary or retirement benefits authorized byact of the legislature. This subsection does not apply to retirement, healthinsurance or life insurance benefits, but only to compensation received forlength of service.

 

9-3-104. Moving expenses.

 

(a) When any state officer or employee is transferred from one(1) official station to another within the state of Wyoming for permanent duty,when the transfer is made at the request of and for the benefit of the state ofWyoming, the employing agency shall pay the actual expenses of transporting thehousehold goods and effects of the officer or employee.

 

(b) The governor may expend up to twenty thousand dollars($20,000.00) in any term of office, from any appropriation to the governor'soffice not otherwise specifically restricted, for purposes of defraying movingexpenses for gubernatorial appointees who are required to move to Cheyenne. Notmore than five thousand dollars ($5,000.00) shall be expended for any one (1)appointee. Any funds expended for this purpose shall be reimbursed to the stateby the appointee if the appointee is employed by the state for less than twelve(12) months.

 

(c) If there is a change in governor as a result of a generalelection, the governor may expend up to thirty-five thousand dollars($35,000.00) from any appropriation to the governor's office not otherwisespecifically restricted, for transition staff salaries, travel and otherrelated office expenses. If there is a change of any other elected stateofficial as a result of a general election, the elected official may expend upto fifteen thousand dollars ($15,000.00) from any appropriation to theofficial's office not otherwise specifically restricted, for the same purposes.

 

9-3-105. Reduction in force; defined; maintenance of medicalbenefits.

 

(a) As used in this section, "reduction in force"means the involuntary separation of any employee from state employment becauseof a shortfall of funding, lack of work or organizational changes requiring areduction in the number of positions of state employment.

 

(b) The state's share of the health insurance benefits underthe group insurance plan for state employees shall be maintained by the state for any state employee separated from employment because of a reduction inforce for a period of six (6) months following separation or until theseparated employee acquires employment, whichever first occurs.

 

9-3-106. Interbranch donation of sick leave.

 

An employee of an entity participating in the state healthinsurance program may donate accrued sick leave to an employee of anotherentity participating in the state health insurance program if authorized byreciprocal personnel policies adopted by the appropriate entities.

 

ARTICLE 2 - INSURANCE PLANS

 

9-3-201. Group prepaid plans authorized; agreements with insurancecompanies authorized; limitation on authorized plans and companies; payrolldeductions; self-insurance programs; optional school district participation inplan.

 

(a) The state of Wyoming and its political subdivisions andschool districts may obtain group prepaid plans or insurance for life, health,accident or hospitalization for their employees and for elected officials,except for members of the legislature, and enter into agreements with prepaidplans or insurance companies to provide this coverage. On and after July 1,2010, insurance coverage for school district employees meeting the definitionof employee under W.S. 9-3-203(a)(iv), shall, if elected by the district undersubsection (e) of this section, be provided through the state employees' andofficials' group insurance plan in accordance with W.S. 9-3-202 through9-3-218. On and after July 1, 2010, insurance coverage for retired schooldistrict employees shall, if elected by the district under subsection (e) ofthis section and if the retired employee was continuously covered under theschool district's insurance plan prior to the election, be provided through thestate employees' and officials' group insurance plan in accordance with W.S.9-3-202 through 9-3-218. If a school district elects to cease participation inthe group insurance plan pursuant to subsection (f) of this section, theelection shall apply to retired employees of that school district who arereceiving coverage under this subsection.

 

(b) Prepaid plans or insurance shall be procured only fromprepaid plans authorized to do business in the state of Wyoming or frominsurance companies authorized to do business in the state of Wyoming and underthe full jurisdiction of the Wyoming insurance commissioner.

 

(c) Upon a request in writing from any employee of the state ofWyoming, any covered political subdivision thereof or a participating schooldistrict, the state treasurer or the proper officer in any politicalsubdivision or school district may deduct from the wages of the employee theamount of the premium which the employee has agreed to pay for the prepaidplans or insurance, and to pay or remit the payment directly to the prepaidplan or insurance company issuing the group plan or insurance.

 

(d) The state and any political subdivision are authorized toutilize a self-insurance program, provided that a defined plan with properfunding is first adopted and the cost of the plan is included in the annualbudget and provided the self-insurance program includes any coverage mandatedby Wyoming insurance law. Any self-insurance program, including the Wyomingstate employees' and officials' group insurance plan, adopted pursuant to thissection shall be within the jurisdiction of the insurance commissioner under the provisions of title 26, Wyoming statutes.

 

(e) Any school district may elect to participate in the stateemployees' and officials' group insurance plan by filing notification ofelection with the department of administration and information on a form and ina manner as prescribed by the department. Participation in the plan for any electingdistrict shall commence not less than one hundred twenty (120) days followingthe date on which the district filed notification under this subsection andshall be identical to plans and coverage provided other enrollees under thisact. The department shall notify the electing district of the date on whichthe district is eligible to participate in the state group insurance plan. Anelection by a district to participate in the state group insurance plan underthis subsection is irrevocable for a period of five (5) years from the date onwhich plan participation originally commenced. A district may renew itsinitial participation in the state group insurance plan without interruptionupon submitting notification of renewal to the department prior to expirationof the initial five (5) year participation period. Renewal of planparticipation shall be irrevocable for an additional period of not less thanfive (5) years.

 

(f) Any school district which has elected to participate in thestate employees' and officials' group insurance plan under subsection (e) ofthis section may, upon expiration of the initial five (5) years of planparticipation required under subsection (e) of this section, elect to ceaseparticipation in the state group insurance plan by filing notification of theelection to the department on a form and in a manner prescribed by thedepartment. An election under this subsection shall prohibit the schooldistrict from participation in the state group insurance plan for a period offive (5) years commencing on the date plan participation ceased. Participationin the plan for any district electing to cease plan participation under thissubsection shall be discontinued on a date determined by the department inconsultation with the school district, but in no event later than one hundredtwenty (120) days following the date on which the district filed notificationunder this subsection.

 

9-3-202. Short title.

 

Thisact shall be known and may be cited as the "State Employees and Officials GroupInsurance Act".

 

9-3-203. Definitions.

 

(a) As used in this act:

 

(i) Repealed By Laws 2001, Ch. 55, 3.

 

(ii) "Carrier" means a private insurance company orhealth maintenance organization, as defined in W.S. 26-34-102(a)(xvi), holdinga valid outstanding certificate of authority from the state insurancecommissioner, or a nonprofit hospital service plan or a nonprofit medicalservice plan incorporated as a nonprofit corporation, either of which has hadsuccessful experience in the group health insurance field as determined by thecommissioner of insurance;

 

(iii) "Dependent" means an employee's spouse, eachunmarried child under the age of eighteen (18), including adopted children,stepchildren and foster children, and each unmarried child between the age ofeighteen (18) and twenty-three (23) years who is a full-time student in anaccredited educational or vocational institution, and for whom the employee isthe major source of financial support. "Dependent" includes anotherwise qualified dependent of a deceased employee as provided in W.S.9-3-209(d);

 

(iv) "Employee" means any employee of a participatingschool district whose salary is paid by school district funds, or any officialor employee of the state of Wyoming whose salary is paid by state funds,including employees and faculty members of the University of Wyoming andvarious community colleges in the state, except persons employed onintermittent, irregular, or less than halftime basis and any at-will contractemployee who does not meet the requirements established under W.S.9-2-1022(a)(xi)(F)(III) or (IV). "Employee" shall not includeemployees of the agricultural extension service of the University of Wyomingwho hold federal civil service appointments, are required to participate infederal civil service retirement and who elect to participate in the federalemployees' health benefit program as authorized in W.S. 9-3-210(d);

 

(v) "Group insurance plan" means the health and lifeinsurance plans defined in this section, the flexible benefits plan or anyother group insurance coverages contracted for by the department, includingdisability insurance, as defined in W.S. 26-5-103(a);

 

(vi) "Health insurance plan" means a group insurancepolicy or contract or a medical or hospital service agreement or other healthcare delivery system provided by a carrier or carriers for the purpose ofpaying for or reimbursing the cost of hospital and medical care;

 

(vii) "Hospital and medical benefits" means hospitalroom and board, other hospital services, certain outpatient benefits, maternitybenefits, surgical benefits, including obstetrical care, in-hospital medicalcare, diagnostic X-ray and laboratory benefits, physician's services providedby house and office calls, prescription drugs, outpatient psychiatric servicesand other benefits determined by the department. Benefits may be provided on acoinsurance basis, the insured to pay a proportion of the cost of benefits;

 

(viii) "Life insurance plan" means a group insurancepolicy or contract provided by a carrier for the purpose of providing lifeinsurance;

 

(ix) "Official" means any elected or appointed stateofficial who receives compensation other than expense reimbursement from statefunds, except officials serving on an intermittent, irregular or less thanhalftime basis;

 

(x) "Supplemental health insurance plan" or"supplemental plan" means a group insurance contract or a medical orhospital service agreement provided by a carrier for the purpose of paying foror reimbursing the cost of hospital and medical care in excess of orsupplemental to medicare or medicaid, or both, which employees or officials andtheir dependents may be eligible to receive. Supplemental coverage may consistof one (1), a combination of, or alternative plans in the discretion of thedepartment;

 

(xi) "Department" means the department ofadministration and information;

 

(xii) "Flexible benefits plan" means a plan of benefitsestablished by department rules and regulations and adopted pursuant to theInternal Revenue Code of 1986, Title 26 of the United States code and qualifiedunder 125 of the Internal Revenue Code of 1986. The plan may include benefitsauthorized by the Internal Revenue Code of 1986 and related federal regulationswhich are consistent with Wyoming law;

 

(xiii) "Retiree" means an individual who has terminatedhis working career as an employee of an employing entity participating in thegroup insurance plan and who is eligible to receive a retirement benefit underthe Wyoming retirement system;

 

(xiv) "This act" means W.S. 9-3-202 through 9-3-218;

 

(xv) "Participating school district" means any schooldistrict which has elected to participate in the state employees' andofficials' group insurance plan under W.S. 9-3-201(e) and which has notdiscontinued plan participation pursuant to an election under W.S. 9-3-201(f).

 

9-3-204. Repealed By Laws 2001, Ch. 55, 3.

 

 

9-3-205. Administration and management of group insurance program;powers and duties; adoption of rules and regulations; interfund borrowingauthority.

 

(a) The department shall administer and manage the stateemployees' and officials' group insurance program and, subject to theprovisions of this act:

 

(i) Shall prepare specifications for the health insurance planand a supplemental plan, the life insurance plan and any other group insuranceplan contracted for by the department;

 

(ii) Shall contract with carriers to underwrite group orsupplemental insurance plans;

 

(iii) Shall determine the methods of claims administration undergroup insurance or supplemental plans, whether by the state or carrier or both;

 

(iv) Shall determine the eligibility of employees, officials andtheir dependents to participate in group insurance and supplemental plans;

 

(v) Shall determine the amount of employee payroll deductions;

 

(vi) Shall establish a procedure by which the department shallhear complaints by insured employees concerning the allowance and payment ofclaims, eligibility for coverage and other matters. Unless otherwise providedin the group insurance or supplemental plan or plans, any decision of thedepartment upon complaints is not binding upon either the employee or carrierand the provisions of the Wyoming Administrative Procedure Act shall not applyto the proceedings. The group insurance or supplemental plan or plans mayprovide that the decision of the department shall be binding upon both theemployee and the carrier as to certain disputes and in such event the procedureadopted by the department shall conform to the provisions of the WyomingAdministrative Procedure Act;

 

(vii) Shall administer state group insurance reserve monies;

 

(viii) Shall continuously study the operation of the groupinsurance plan including analysis of:

 

(A) Gross and net costs, including administrative costs;

 

(B) Claims administration;

 

(C) Comprehensive health claims utilization information todetermine the causes of plan health care cost increases and strategies tocontrol those costs;

 

(D) Factors in the plan's design that may adversely affectparticipation;

 

(E) The effect of benefit changes;

 

(F) Contribution levels and recommendations to attract a broadmix of participants to the plan;

 

(G) Demographic information about existing and eligibleparticipants;

 

(H) Trends in costs and benefits of the plan relative to otherplans.

 

(ix) May enter into a contract with a carrier to underwrite asupplemental plan and negotiate and enter into amendments to existing healthinsurance contracts to provide a supplemental plan and determine an effectivedate;

 

(x) May determine that employees, officials and theirdependents who are eligible for medicare or medicaid, or both, shall beeligible for a supplemental plan and, upon the effective date of thesupplemental plan as to employees, officials and their dependents presentlycovered by the health insurance plan, may transfer them from the healthinsurance plan to the supplemental plan;

 

(xi) May negotiate and enter into amendments to existingcontracts providing group insurance and supplemental plans to provideappropriate coverage for employees and officials who may become eligible forcoverage after the effective date of those contracts and to provide for theirenrollment;

 

(xii) May contract with carriers to underwrite optional groupinsurance plans which may be additions to or supplemental to those planscontracted under this act and which are paid for entirely by state employeesand officials, entirely by the state, or by both. The contracts shall bedesigned to provide the fullest benefits at the lowest cost, and the departmentmay contract with the same carriers for the optional group insurance plans asfor the other plans contracted for under this act;

 

(xiii) May contract with any person for the furnishing ofactuarial services, the preparation of specifications for group insurance plansand other specialized services which cannot be performed by the department orby state employees. Contracts for these services shall be awarded throughresponsible competitive bidding at intervals as the department determines, andshall be reviewed annually by the department;

 

(xiv) May develop, implement and administer a flexible benefits plan and may contract with carriers, third-party administrators or otherprofessionals to develop, administer and implement a flexible benefits plan;

 

(xv) Repealed By Laws 2001, Ch. 55, 3.

 

(b) The department shall adopt rules and regulations consistentwith the provisions of this act as necessary to carry out its statutory dutiesand responsibilities under this act.

 

(c) For the purposes of determining financial condition,ability to fulfill and the manner of fulfillment of its statutory duties, thenature of its operations and compliance with law, the insurance commissionershall examine the affairs, accounts, records and assets of the Wyoming stateemployees' and officials' group insurance plan, as often as he deems advisablebut not less frequently than every three (3) years.

 

(d) The department shall report the results of the analysisconducted pursuant to paragraph (a)(viii) of this section and suggestedactivities to manage the plan by December 1 of each year to a committee of thelegislature designated by the management council.

 

(e) Upon request of the director of the department, the statetreasurer and the state auditor may utilize interfund loans from the generalfund or the budget reserve account to cover the costs of group insurance plancoverage to school districts electing to participate in the group insuranceplan under W.S. 9-3-201(e) or the costs of discontinuing plan coverage todistricts electing to cease participation under W.S. 9-3-201(f). The interfundloans shall be repaid as soon as anticipated revenue is received. The totalamount of interfund loans outstanding at any one (1) time shall not exceedsixty million dollars ($60,000,000.00).

 

9-3-206. Specifications for insurance plan; submission of bids;change of carriers; notice of rate changes or intent of carrier not to renew;premium tax exemption.

 

(a) The specifications drawn by the department for the healthinsurance plan shall include hospital and medical benefits, and comparablebenefits for employees who rely solely on spiritual means for healing. Thespecification drawn by the department for the life insurance plan and any othergroup insurance plan shall include benefits as determined by the department.Bids shall be submitted to the department within time limits established by thedepartment and, in addition to the carrier's cost proposal, shall include anexplanation of the method of claims administration proposed by the carrier andthe cost thereof, the amount of total premiums to be retained by the carrier,the purpose for which these retained funds would be allocated, and otherinformation requested by the department.

 

(b) The department may:

 

(i) Call for bids and change carriers at its discretion;

 

(ii) Terminate an existing contract at any time upon sixty (60)days notice in the event of unsatisfactory performance or noncompliance withthe terms of the contract by the carrier.

 

(c) Any carrier under contract with the department shall givethe department sixty (60) days notice of any proposed rate change in thecontract specifications or intent not to renew the contract. If the departmentand the carrier agree during the sixty (60) day period to any rate change inthe specifications, the department may renew the contract, as changed, withoutreopening to bids.

 

(d) If the department decides to change carriers or to reopenbids on the underwriting of any aspect of the group insurance plan, it shallfollow the same procedures in the selection of a subsequent carrier as it didin awarding the initial contract.

 

(e) Any carrier underwriting any portion of the state's groupinsurance plan is exempt from paying premium taxes under W.S. 26-4-103 on thatportion of its business representing premiums collected from the groupinsurance plan.

 

9-3-207. Eligibility for membership in plan; state employees; 31 dayperiod to elect enrollment; new employees; later enrollment.

 

(a) Any state employee eligible for membership in the groupinsurance plan at the time the plan becomes effective shall have thirty-one(31) days to either elect to be enrolled or not be enrolled in the plan. Thedepartment shall establish the procedure by which eligible employees shallnotify the department of their decision within the prescribed thirty-one (31)day period.

 

(b) An eligible state employee who enters state service hasthirty-one (31) days from the initial date of employment to elect to beenrolled or not be enrolled in the group insurance plan.

 

(c) Employees who elect not to be enrolled within the timeprescribed in subsections (a) and (b) of this section may be enrolled at alater date upon conditions the department may impose, such as a physicalexamination or the exclusion of preexisting conditions from coverage.

 

(d) A retiree is eligible for coverage under the groupinsurance plan subject to the provisions of W.S. 9-3-218.

 

9-3-208. State officials; 31 day period to elect enrollment; newlyappointed or elected officials; later enrollment.

 

(a) State officials eligible for membership in the groupinsurance plan at the time the plan becomes effective shall have thirty-one(31) days to either elect to become enrolled or not become enrolled in theplan. The election shall be made according to procedures established by thedepartment.

 

(b) Eligible state officials appointed or elected after theeffective date of the group insurance plan have thirty-one (31) days after thedate they officially take office to elect to become enrolled or not becomeenrolled in the plan.

 

(c) Eligible state officials who elect not to become enrolledwithin the time prescribed in subsections (a) and (b) of this section may beenrolled at a later date upon conditions the department may impose, such as aphysical examination or the exclusion of preexisting conditions from coverage.

 

9-3-209. Dependents; election of coverage; later election; change innumber of dependents; extended coverage.

 

(a) Any eligible employee or official may elect to have hisdependents covered by the group insurance plan. The election shall be made atthe time the employee or official becomes enrolled in the plan, underprocedures the department may establish. If dependent coverage is not electedat the time that an employee or official becomes enrolled in the plan,dependent coverage may be elected at a later date under conditions thedepartment may impose, such as physical examination or the exclusion ofpreexisting conditions from coverage.

 

(b) Any employee or official who has elected to have hisdependents covered as provided in subsection (a) of this section, and whosubsequently has a change in the number of his dependents, may at the time ofthe change increase or decrease the number of his dependents covered by thegroup insurance plan under procedures established by the department.

 

(c) Any employee or official who has no eligible dependents atthe time he becomes enrolled in the group insurance plan, and who later has aneligible dependent may, at the time his dependency status changes, electcoverage for the dependent under procedures established by the department.

 

(d) The dependents of any employee or official who has electedto have his dependents covered as provided in subsection (a) of this section,and who suffers a work related death as a result of employment as an officialor employee, shall continue to be covered for a period of six (6) months afterthe date of the employee's or official's death. The state auditor shallascertain the employing agency's contribution pursuant to W.S. 9-3-210 for thesix (6) month period and shall pay the department the amount required for thecoverage. The dependents shall be responsible for any portion required to bepaid by the employee for coverage during the six (6) month period.

 

9-3-210. Amount of state's contribution; estimates submitted to statebudget officer; specified employees participation in federal program;participating school district contribution.

 

(a) Except for participating school districts, the state shallcontribute monthly the amount established and appropriated by the legislaturefor each employee and official enrolled in the plan in accordance withsubsections (b) and (c) of this section.

 

(b) Any state agency, department or institution, including theUniversity of Wyoming and the community colleges in the state, shall paymonthly to the department the amount established and appropriated by thelegislature for each eligible employee or official electing to become coveredby any portion of the group insurance plan as the contribution of the state tothat plan during the period the employee or official is enrolled in the plan.Amounts appropriated by the legislature from the general fund for University ofWyoming and community college employer contributions under this section shallinclude amounts necessary to fully fund the employer's contribution for thoseeligible and enrolled employees whose compensation is partially or fully fundedfrom nonfederal sources, but the University of Wyoming shall exclude amountsnecessary to fully fund the employer's contribution for those eligible andenrolled employees whose compensation is partially or fully funded fromcontracts, grants and auxiliary services. If federal funds are not available,the amounts necessary to fully fund the employer's contribution for thoseeligible and enrolled employees shall be included in the general fundappropriation. If the monthly premium for coverage of the employee or officialis less than the amount established and appropriated by the legislature, thebalance may be applied to the premium for coverage of dependents, or to thepremium for any optional group insurance coverage made available by thedepartment, if so elected.

 

(c) Each state agency, department or institution, including theUniversity of Wyoming and the community colleges in the state shall estimatethe amount required for its participation in the group insurance plan for thenext biennium and shall submit the estimate to the state budget officer at thetime the state budget officer makes the request.

 

(d) Notwithstanding any other provision contained in W.S.9-3-201 or the State Employees' and Officials' Group Insurance Act, employeesof the agricultural extension service of the University of Wyoming who holdfederal civil service appointments and are required to participate in federalcivil service retirement may elect to participate in the federal employees'health insurance program. For eligible employees participating in the federalemployees' health insurance program the state shall contribute monthly anamount toward the federal employees health insurance program costs which is inexcess of the federal contribution thereto but which does not exceed the amountwhich would otherwise be paid under subsection (a) of this section if theemployee were enrolled in the state group insurance plan.

 

(e) A participating school district shall pay to the departmentthe monthly premium established by the department for coverage of each eligibleemployee or official of that district electing to become covered by any portionof the group insurance plan. Monthly premiums shall be at minimum no less thanrates assessed for coverage of other enrollees qualified under W.S.9-3-203(a)(iv), and shall be based upon information reported by theparticipating district to the department, to be in a form and manner prescribedby the department.

 

9-3-211. Deductions from salaries of monthly contributions byemployees and officials; establishment of procedure.

 

(a) The amount of monthly contribution to be made by eligibleemployees and officials enrolled in the group insurance plan for themselves andtheir dependents shall be deducted from the monthly salaries of the employeesand officials by the various agencies or participating school districts andremitted to the department. The procedure for deductions and remittances shallbe established by the department. If a flexible benefits plan is chosen, theemployees' and officials' contribution shall be applied to the chosen benefitsin an amount determined by the employee or official.

 

(b) The department shall establish procedures for deducting andremitting monthly contributions by eligible retirees enrolled in the groupinsurance plan which may include deductions from the retiree's state retirementbenefits or from the retiree's checking or savings account.

 

(c) Notwithstanding any other provision of the State Employees'and Officials' Group Insurance Act and for the contributions provided by W.S.9-2-1022(a)(xi)(F)(IV), the contributions required by subsection (a) of thissection may be paid by the Wyoming livestock board for state employee membersin order to be treated as employer contributions for the sole purpose ofdetermining tax treatment under the United States Internal Revenue Code,section 414(h). The amounts shall be stated in the employment contract.

 

9-3-212. Repealed by Laws 1987, ch. 194, 2.

 

9-3-213. Treasurer of monies; bond; deposit in an account of premiumcost payments, dividend payments and return of premiums; expenditures;investment of excess portions.

 

(a) The state treasurer shall be the treasurer of monies underthis act, and his general bond to the state of Wyoming shall cover allliabilities for his acts as treasurer. The department shall remit to thetreasurer for deposit into a separate account all payments received by thedepartment for the group insurance premium costs from employees and officials,and the state agencies, departments, institutions and participating schooldistricts. The department shall also remit to the treasurer for deposit intothe account any dividend payments and return of premium received by thedepartment from any carrier underwriting the group insurance plan. Allremittances shall be made as soon as possible after they are received.

 

(b) Expenditures shall be made from the account, uponcertification of the department to the office of the state auditor, only forthe following purposes:

 

(i) The payment of premiums to any carrier underwriting thegroup insurance or supplemental plan or plans; and

 

(ii) The state's cost of administering group insurance andsupplemental plans, subject to annual appropriation by the legislature based onthe submission by the department of a budget request containing detailedinformation on current and projected administrative costs.

 

(c) The department shall certify in writing to the statetreasurer for investment portions of the monies which in its judgment will notbe needed for the payment of premiums to the carriers underwriting the groupinsurance or supplemental plans.

 

9-3-214. Repealed by Laws 1987, ch. 194, 2.

 

9-3-215. Repealed by Laws 1987, ch. 194, 2.

 

9-3-216. Repealed by Laws 1987, ch. 194, 2.

 

9-3-217. Advisory panel; composition; compensation.

 

(a) The director of the department shall establish an advisorypanel consisting of active plan participants employed by the state,participating school districts, the University of Wyoming and Wyoming communitycolleges and of retired employees who are plan participants. The panel shallconsist of no more than ten (10) members if there are less than five (5)participating school districts or no more than twelve (12) members if there areat least five (5) participating school districts and, insofar as possible,shall proportionally represent the specified employee groups participating inthe group health insurance plan. The advisory panel shall be consultedregarding plan benefits and costs. The director of the department shall, uponreceiving notification from at least five (5) school districts electing groupinsurance plan participation under W.S. 9-3-201(e), appoint two (2) additionaladvisory panel members to increase the advisory panel to twelve (12) members asprovided in this section.

 

(b) State, participating school district, university andcommunity college employee members of the panel shall suffer no loss of wagesfor the time devoted to attending meetings of the panel called by thedepartment. All members shall be provided per diem and travel expensesincurred for attending such meetings at the rates provided under W.S. 9-3-102and 9-3-103.

 

9-3-218. Retiree membership in plan.

 

(a) A retiree is eligible for coverage under the groupinsurance plan at premium rates established by the department, provided:

 

(i) Application to continue coverage is made to the departmentwithin thirty-one (31) days after termination of the retiree's employment;

 

(ii) The retiree has had medical coverage in effect under thegroup insurance plan for at least one (1) year immediately prior to the date ofretirement and is eligible to receive a retirement benefit under the Wyomingretirement system; and either:

 

(A) Has attained the age of fifty (50) on the date ofretirement and has at least four (4) years of service credit under the Wyomingretirement system as an employee of one (1) of the employing entitiesparticipating in the plan; or

 

(B) Has at least twenty (20) years of service credit under theWyoming retirement system as an employee of one (1) of the employing entitiesparticipating in the plan.

 

(b) Within the application period provided under paragraph(a)(i) of this section, the retiree may elect to continue coverage of hiseligible dependents under the group insurance plan provided each such dependentwas covered under the group insurance plan for at least one (1) yearimmediately prior to the retiree's date of retirement. An election to adddependents may not be made after the initial application period unless theincrease in the number of dependents results from a subsequent marriage, birthor adoption in which case the dependents may be enrolled at a later date uponconditions the department may impose.

 

(c) The department shall establish procedures by which theeligible retiree shall make application within the thirty-one (31) day periodprovided under paragraph (a)(i) of this section.

 

ARTICLE 3 - SOCIAL SECURITY

 

9-3-301. Definitions.

 

(a) As used in this act:

 

(i) "Employee" includes administrative and electiveofficers of a state or political subdivision thereof;

 

(ii) "Employment" means any service performed by anyemployee in the employ of the state, or any political subdivision thereof, forthe employer except service which in the absence of an agreement entered intounder this act would constitute "employment", as defined in theSocial Security Act or service which under the Social Security Act may not beincluded in an agreement between the state and the federal securityadministrator entered into under this act;

 

(iii) "Federal Insurance Contributions Act" meanssubchapter (A) of chapter 9 of the federal Internal Revenue Code, as the codehas been and may from time to time be amended;

 

(iv) "Federal security administrator" includes anyindividual to whom the federal security administrator has delegated any of hisfunctions under the Social Security Act, with respect to coverage under suchact of employees of states and their political subdivisions;

 

(v) "Political subdivision" includes anyinstrumentality of the state, or one (1) or more of its political subdivisions,or of the state and one (1) or more of its political subdivisions, but only ifthe instrumentality is a juristic entity which is legally separate and distinctfrom the state or subdivision, and only if its employees are not, by virtue oftheir relation to the juristic entity, employees of the state or subdivision."Political subdivision" includes school districts, the WyomingEducation Association, the Wyoming High School Athletic Association, and anyother employer within the public school system of Wyoming;

 

(vi) "Social Security Act" means the act of congressapproved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the"Social Security Act," (including regulations and requirements issuedpursuant thereto), as the act has been and may from time to time be amended;

 

(vii) "State agency" means the office of the statetreasurer of the state of Wyoming;

 

(viii) "Wages" means all remuneration for employmentincluding the cash value of all remuneration paid in any medium other than cashand does not include that part of the remuneration which, even if it were for"employment" within the meaning of the Federal InsuranceContributions Act, would not constitute "wages" within the meaning ofthat act;

 

(ix) "This act" means W.S. 9-3-301 through 9-3-306.

 

9-3-302. Administration by secretary of Wyoming retirement system;payment of costs.

 

Alladministrative matters pertaining to this act shall be administered by thesecretary of the Wyoming retirement system. The cost of such services shall bepaid in the manner provided by law.

 

9-3-303. Agreements with federal security administrator to extendbenefits to employees; provisions.

 

(a) The state treasurer with the approval of the governor mayenter on behalf of the state into an agreement with the federal securityadministrator or his successor, consistent with the terms and provisions ofthis act for the purpose of extending the benefits of the federal old age andsurvivors' insurance system to employees of the state, or any politicalsubdivision thereof, with respect to services which constitute employment. Theagreement may contain provisions relating to coverage, benefits, contributions,effective date, modification and termination of the agreement, administration,and other appropriate provisions which the state treasurer and federal securityadministrator agree upon. Except as otherwise required by or under the SocialSecurity Act as to the services to be covered, the agreement shall provide ineffect that:

 

(i) Benefits will be provided for employees, and theirdependents and survivors, whose services are covered by the agreement on thesame basis as though the services constituted employment within the meaning ofTitle II of the Social Security Act;

 

(ii) The state will pay to the secretary of the treasury, attimes as prescribed under the Social Security Act, contributions with respectto wages equal to the sum of the taxes which would be imposed by sections 1400and 1410 of the Federal Insurance Contributions Act if the services covered bythe agreement constituted employment within the meaning of that act;

 

(iii) The agreement is effective with respect to services inemployment performed after a date specified therein, or in any modificationthereof;

 

(iv) All services which constitute employment and are performedin the employ of the state or any of its political subdivisions shall becovered by the agreement.

 

(b) Any instrumentality jointly created by this state and anyother state or states, upon the granting of like authority by the other stateor states, may:

 

(i) Enter into an agreement with the federal securityadministrator whereby the benefits of the federal old age and survivors'insurance system shall be extended to employees of the instrumentality;

 

(ii) Require its employees to pay (and for that purpose todeduct from their wages) contributions equal to the amounts which they would berequired to pay under W.S. 9-3-304(a) if they were covered by an agreement madepursuant to subsection (a) of this section; and

 

(iii) Make payments to the secretary of the treasury inaccordance with the agreement, including payments from its own funds, andotherwise to comply with the agreement.

 

(c) The agreement under subsection (b) of this section shall,to the extent practicable, be consistent with other provisions of this act.

 

9-3-304. Governmental employee's contributions; amount; collection bypayroll deduction; adjustments; payments from political subdivisions.

 

(a) Every employee of the state and political subdivisionthereof, whose services are covered by an agreement entered into under W.S.9-3-303, shall be required to pay, for the period of coverage, into the accountestablished by W.S. 9-3-305, contributions, with respect to wages equal to theamount of tax which would be imposed by section 1400 of the Federal InsuranceContributions Act if the services constituted employment within the meaning ofthat act. The liabilities shall arise in consideration of the employee'sretention in the service of the state or political subdivision thereof, or hisentry upon such service after the enactment of this act.

 

(b) The contribution imposed by this section shall be collectedthrough the office of the state treasurer by deducting the amount of thecontribution from wages as and when paid. The deductions shall be made by thefinance officer of the state, or political subdivision thereof, but failure tomake the deduction shall not relieve the employee or the political subdivisionas the employer of liability for the contribution.

 

(c) If more or less than the correct amount of the contributionimposed by this section is paid or deducted with respect to any remuneration,proper adjustments, or refund if adjustment is impracticable, shall be made,without interest, in the manner and at the times as prescribed by the secretaryof the treasury and state treasurer.

 

(d) Each political subdivision shall pay contributions into theaccount with respect to wages at the times the state agency by regulationprescribes, in the amounts and at the rates specified in the applicableagreement entered into by the state agency under W.S. 9-3-303.

 

(e) Payments due from political subdivisions under subsections(b) and (d) of this section, which are delinquent may be recovered by the statewith interest at the rate of six percent (6%) per annum in an action broughtfor that purpose in a court of competent jurisdiction against the politicalsubdivision liable therefor.

 

9-3-305. Account; establishment; contents; account to be heldseparate; withdrawals; treasurer and custodian of account; appropriations toaccount.

 

(a) A separate account is established which shall consist ofand there shall be deposited in the account:

 

(i) All contributions, interest and penalties collected underW.S. 9-3-304;

 

(ii) All monies appropriated thereto under this act;

 

(iii) Any property or securities and earnings thereof acquiredthrough the use of monies belonging to the account;

 

(iv) Interest earned upon any monies in the account; and

 

(v) All sums recovered upon the bond of the custodian orotherwise for losses sustained by the account, and, all other monies receivedfor the account from any other source. All monies in the account shall bemingled and undivided. Subject to the provisions of this act, the statetreasurer is vested with full power, authority and jurisdiction over theaccount, including

State Codes and Statutes

Statutes > Wyoming > Title9 > Chapter3

CHAPTER 3 - COMPENSATION AND BENEFITS

 

ARTICLE 1 - SALARIES AND EXPENSES

 

9-3-101. Salaries; amount; date of payment.

 

(a) Salaries for clerk of the supreme court and district courtreporters shall be determined by the supreme court as authorized by legislativeappropriations. Subject to constitutional limitations the following stateofficers and members of the judiciary shall receive the salaries indicated bythe figures following their respective titles:

 

(i) Governor------------------------------ $105,000.00

 

(ii) Secretary of state-------------------- $92,000.00

 

(iii) State auditor------------------------------- .....$92,000.00

 

(iv) State treasurer....------------------- $92,000.00

 

(v) Superintendent of public instruction----------
-------------------------------------------------- $92,000.00

 

(vi) Repealed by Laws 1988, ch. 96, 2.

 

(vii) Repealed by Laws 1988, ch. 96, 3.

 

(b) When a state officer is required to simultaneously serve inhis office as a temporary or acting replacement for another officer, he shallreceive only the salary of the office he holds.

 

(c) Except as otherwise provided by law, other state employeesand officers, including members of boards and commissions, shall receivesalaries in amounts as provided by W.S. 9-2-1005(b)(iv) and 27-5-101.

 

(d) Except for employees paid hourly, or by hard copy payrollcheck, as determined by the state auditor's office, overtime and shiftdifferential pay and employees and officers of the University of Wyoming, stateemployees and officers on automatic payroll direct deposit shall be paid on thelast working day of the month for wages earned during that month. Hourly payshall be paid to state employees on automatic payroll direct deposit on thelast working day of the month for wages earned from the sixteenth day of thepreceding month through the fifteenth day of the current month. Overtime andshift differential pay shall be paid to state employees on automatic payrolldirect deposit no later than the last working day of the month following themonth in which overtime and shift differential pay was earned. Employees andofficers paid by hard copy payroll check shall have their payroll check mailedand post marked not later than the last working day of the month. TheUniversity of Wyoming is exempt from this subsection.

 

(e) The state auditor and payroll officers for employees of thedepartment of transportation, the University of Wyoming and community collegesmay establish payroll check-off programs for state employees under whichpayments to third-parties are made directly from deductions from state employeepayroll payments for supplemental medical plans, disability plans, lifeinsurance plans and annuities. The state auditor and other payroll officersauthorized to establish a payroll check-off program may impose an initial feeof up to one thousand five hundred dollars ($1,500.00) for each deduction filedupon a third-party for which check-off payments are established and thereafter,may impose an annual fee of two dollars ($2.00) per enrolled employee. Thestate auditor and other payroll officers authorized to establish a payrollcheck-off program may establish rules and regulations to implement the program.

 

9-3-102. Meal allowance; actual expenses; exceptions.

 

(a) Unless otherwise provided by law, when any state officer oremployee is required to travel on overnight trips for official business of thestate, he is entitled to receive in addition to transportation expenses asprovided by W.S. 9-3-103, lodging expenses, an allowance for meals andincidental expenses and other reimbursable expenses. The lodging and meal andincidental expense allowance shall be as determined by the governor for thestate and by the governing body of any other entity using the state rate forthat entity, but shall not exceed the published federal travel regulation ratesin effect at the time of travel. The meal and incidental expense allowanceshall be computed so as to pay seventy-five percent (75%) of the destinationrate on the day of departure, one hundred percent (100%) on all interim days ofofficial travel and seventy-five percent (75%) of the previous day's rate onthe day of return. Lodging expenses shall be reimbursed up to the amountprescribed in the federal travel regulation as provided in this subsection. Thehead of the respective agency may approve lodging expenses in excess of thepublished rate. In addition:

 

(i) Meal expenses, either directly billed to the state, orincluded in registration, seminar and conference fees paid by the state onbehalf of the state officer or employee are considered part of the meal andincidental expense allowance and shall be deducted from the allowance claim ofthe state officer or employee;

 

(ii) The head of the agency to be charged for the expense, orhis designee, shall approve the claim for payment. State officers or employeesshall not approve their own claims. The head of the agency is responsible todetermine the veracity of each claim;

 

(iii) Any reimbursable expenses claimed in excess of fifteendollars ($15.00) shall be supported by original vendor receipts or a swornstatement attesting to the expense, signed under penalty of false swearing bythe claimant, and shall be attached to the voucher submitted to the stateauditor for payment.

 

(b) Instead of the full meal and incidental expense allowancespecified in subsection (a) of this section, the state officer or employee willbe reimbursed for actual expenses for meals and gratuities while conductingofficial business of the state, not to exceed seventy-five percent (75%) of thedaily meal and incidental expense allowance for the location of the officialbusiness if the officer or employee:

 

(i) Is required to travel on a one (1) day trip of twenty-four(24) hours or less during which it is reasonable to assume no sleep or rest isrequired; or

 

(ii) Repealed By Laws 2001, Ch. 101, 2.

 

(iii) Is required to eat a meal at an official meeting of a statecommittee, commission, board or council held in the community of the stateofficer's or employee's official domicile.

 

(c) Repealed by Laws 1983, ch. 102, 2.

 

(d) Actual expenses in excess of the amounts specified insubsection (a) of this section may be reimbursed for in-state or out-of-statetravel, with the prior approval of the agency director if:

 

(i) Specific prior trip approval has been given by the head ofthe respective agency if the agency is within the executive branch, themanagement council for the legislative branch and the chief justice of thesupreme court for the judicial branch; and

 

(ii) The original itemized vendor receipts supporting amountsclaimed for lodging and employee meals and gratuities where the total amount ofthe meal and gratuity exceeds fifteen dollars ($15.00), accompany the claimsubmitted to the state auditor for payment. No reimbursement shall be claimedor paid for any alcoholic beverage.

 

(e) Claims for lodging and meal and incidental expenseallowance or actual expense reimbursement shall be submitted to the stateauditor for payment in the manner and form prescribed by him.

 

(f) This section does not apply to the state transportation andgame and fish departments.

 

(g) Any voucher for reimbursement under this section or W.S.9-3-103 shall be signed and certified under penalty of false swearing pursuantto W.S. 6-5-303.

 

(h) As used in the section:

 

(i) "Destination" means the location of the employeeat midnight, or if still traveling at midnight, the location where lodging issecured;

 

(ii) "Incidental expense" means fees and tips given toporters, baggage carriers, bellhops, hotel maids, stewards or stewardesses andothers on ships and hotel servants in foreign countries;

 

(iii) "Meal" means expenses for breakfast, lunch, dinnerand related tips and taxes, but does not include expenses incurred foralcoholic beverages, entertainment or any expenses incurred for other persons;

 

(iv) "Reimbursable expenses" means other expenses thatare inherently travel related and not included in the meal and incidentalexpense allowance.

 

9-3-103. Transportation expenses; limitation on longevity orlength-of-service allowances.

 

(a) Any state, county or precinct officer or employee requiredto travel in the performance of the duties of his office is entitled to receivereimbursement for all actual and necessary transportation expenses incurred asprovided by one (1) of the following methods:

 

(i) If common carrier transportation is used, the actualexpense not to exceed economy fare charged the general public is reimbursable.If deluxe accommodations are desired, the amount exceeding economy fare shallbe paid personally by the officer or employee. Passenger coupons issued by thetransportation company or an official fare receipt shall accompany the claimsubmitted to the state auditor or the board of county commissioners for auditand payment. With prior approval of the respective executive agency head, themanagement council or the chief justice of the supreme court, actual expensesin excess of the economy fare may be reimbursed;

 

(ii) If rented, chartered or contracted vehicle transportationis used, reimbursement is limited to reasonable rates determined by theadministrative head of the governmental unit where claim is submitted. The vendor'sofficial receipt for charges shall accompany the claim submitted to the stateauditor or board of county commissioners for audit and payment;

 

(iii) If private vehicle transportation is used, reimbursementshall be as determined by the governor for the state and by the governing bodyof any other entity, based on a mileage allowance not to exceed the maximumnontaxable rates allowed by the internal revenue service at the time of travel.

 

(A) Repealed By Laws 2001, Ch. 23, 2.

 

(B) Repealed By Laws 2001, Ch. 23, 2.

 

(C) Repealed By Laws 2001, Ch. 23, 2.

 

(b) At the discretion of the administrative head of thegovernmental unit in which claim is submitted, reimbursement may be authorizedfor actual but necessary vehicle parking fees, car wash expenses, toll fees,taxi fares and taxi driver tips.

 

(c) Before any claim for transportation expenses is paid, theclaimant shall present to the state auditor or the board of countycommissioners for audit and payment a verified claim made out in separate itemsproperly dated. The value of each item shall be specifically described to thesatisfaction of the auditing officer or board to indicate that the expense hasbeen properly incurred for the benefit of the state or county in pursuance ofthe claimant's official duties.

 

(d) County commissioners shall at all times receivetransportation expense reimbursement when engaged upon official countybusiness. Other officers of the county shall receive transportation expensereimbursement subject to the approval of the board of county commissioners.

 

(e) No state official or employee shall receive transportationexpense reimbursement when traveling from his residence to the place of hisemployment and return.

 

(f) A state officer, judge or employee whose salary is fixed byW.S. 9-3-101 or by any other specific act of the legislature shall not receiveany additional allowance based on longevity or length of service, or any othercompensation, perquisite or allowances whatever except per diem and necessary travelingand moving expenses when otherwise authorized by law. If any officer, judge oremployee, or any retired officer, judge or employee, is receiving compensationor retirement benefits on the effective date of this act which include anadditional allowance for longevity or length of service previously authorized,those compensation or retirement benefits shall not be immediately reduced ordiminished, but that portion of the compensation or retirement benefits beingreceived on the effective date of this act which is attributable to longevityor length of service allowance shall be reduced or disallowed to the extent itis offset by future increases in salary or retirement benefits authorized byact of the legislature. This subsection does not apply to retirement, healthinsurance or life insurance benefits, but only to compensation received forlength of service.

 

9-3-104. Moving expenses.

 

(a) When any state officer or employee is transferred from one(1) official station to another within the state of Wyoming for permanent duty,when the transfer is made at the request of and for the benefit of the state ofWyoming, the employing agency shall pay the actual expenses of transporting thehousehold goods and effects of the officer or employee.

 

(b) The governor may expend up to twenty thousand dollars($20,000.00) in any term of office, from any appropriation to the governor'soffice not otherwise specifically restricted, for purposes of defraying movingexpenses for gubernatorial appointees who are required to move to Cheyenne. Notmore than five thousand dollars ($5,000.00) shall be expended for any one (1)appointee. Any funds expended for this purpose shall be reimbursed to the stateby the appointee if the appointee is employed by the state for less than twelve(12) months.

 

(c) If there is a change in governor as a result of a generalelection, the governor may expend up to thirty-five thousand dollars($35,000.00) from any appropriation to the governor's office not otherwisespecifically restricted, for transition staff salaries, travel and otherrelated office expenses. If there is a change of any other elected stateofficial as a result of a general election, the elected official may expend upto fifteen thousand dollars ($15,000.00) from any appropriation to theofficial's office not otherwise specifically restricted, for the same purposes.

 

9-3-105. Reduction in force; defined; maintenance of medicalbenefits.

 

(a) As used in this section, "reduction in force"means the involuntary separation of any employee from state employment becauseof a shortfall of funding, lack of work or organizational changes requiring areduction in the number of positions of state employment.

 

(b) The state's share of the health insurance benefits underthe group insurance plan for state employees shall be maintained by the state for any state employee separated from employment because of a reduction inforce for a period of six (6) months following separation or until theseparated employee acquires employment, whichever first occurs.

 

9-3-106. Interbranch donation of sick leave.

 

An employee of an entity participating in the state healthinsurance program may donate accrued sick leave to an employee of anotherentity participating in the state health insurance program if authorized byreciprocal personnel policies adopted by the appropriate entities.

 

ARTICLE 2 - INSURANCE PLANS

 

9-3-201. Group prepaid plans authorized; agreements with insurancecompanies authorized; limitation on authorized plans and companies; payrolldeductions; self-insurance programs; optional school district participation inplan.

 

(a) The state of Wyoming and its political subdivisions andschool districts may obtain group prepaid plans or insurance for life, health,accident or hospitalization for their employees and for elected officials,except for members of the legislature, and enter into agreements with prepaidplans or insurance companies to provide this coverage. On and after July 1,2010, insurance coverage for school district employees meeting the definitionof employee under W.S. 9-3-203(a)(iv), shall, if elected by the district undersubsection (e) of this section, be provided through the state employees' andofficials' group insurance plan in accordance with W.S. 9-3-202 through9-3-218. On and after July 1, 2010, insurance coverage for retired schooldistrict employees shall, if elected by the district under subsection (e) ofthis section and if the retired employee was continuously covered under theschool district's insurance plan prior to the election, be provided through thestate employees' and officials' group insurance plan in accordance with W.S.9-3-202 through 9-3-218. If a school district elects to cease participation inthe group insurance plan pursuant to subsection (f) of this section, theelection shall apply to retired employees of that school district who arereceiving coverage under this subsection.

 

(b) Prepaid plans or insurance shall be procured only fromprepaid plans authorized to do business in the state of Wyoming or frominsurance companies authorized to do business in the state of Wyoming and underthe full jurisdiction of the Wyoming insurance commissioner.

 

(c) Upon a request in writing from any employee of the state ofWyoming, any covered political subdivision thereof or a participating schooldistrict, the state treasurer or the proper officer in any politicalsubdivision or school district may deduct from the wages of the employee theamount of the premium which the employee has agreed to pay for the prepaidplans or insurance, and to pay or remit the payment directly to the prepaidplan or insurance company issuing the group plan or insurance.

 

(d) The state and any political subdivision are authorized toutilize a self-insurance program, provided that a defined plan with properfunding is first adopted and the cost of the plan is included in the annualbudget and provided the self-insurance program includes any coverage mandatedby Wyoming insurance law. Any self-insurance program, including the Wyomingstate employees' and officials' group insurance plan, adopted pursuant to thissection shall be within the jurisdiction of the insurance commissioner under the provisions of title 26, Wyoming statutes.

 

(e) Any school district may elect to participate in the stateemployees' and officials' group insurance plan by filing notification ofelection with the department of administration and information on a form and ina manner as prescribed by the department. Participation in the plan for any electingdistrict shall commence not less than one hundred twenty (120) days followingthe date on which the district filed notification under this subsection andshall be identical to plans and coverage provided other enrollees under thisact. The department shall notify the electing district of the date on whichthe district is eligible to participate in the state group insurance plan. Anelection by a district to participate in the state group insurance plan underthis subsection is irrevocable for a period of five (5) years from the date onwhich plan participation originally commenced. A district may renew itsinitial participation in the state group insurance plan without interruptionupon submitting notification of renewal to the department prior to expirationof the initial five (5) year participation period. Renewal of planparticipation shall be irrevocable for an additional period of not less thanfive (5) years.

 

(f) Any school district which has elected to participate in thestate employees' and officials' group insurance plan under subsection (e) ofthis section may, upon expiration of the initial five (5) years of planparticipation required under subsection (e) of this section, elect to ceaseparticipation in the state group insurance plan by filing notification of theelection to the department on a form and in a manner prescribed by thedepartment. An election under this subsection shall prohibit the schooldistrict from participation in the state group insurance plan for a period offive (5) years commencing on the date plan participation ceased. Participationin the plan for any district electing to cease plan participation under thissubsection shall be discontinued on a date determined by the department inconsultation with the school district, but in no event later than one hundredtwenty (120) days following the date on which the district filed notificationunder this subsection.

 

9-3-202. Short title.

 

Thisact shall be known and may be cited as the "State Employees and Officials GroupInsurance Act".

 

9-3-203. Definitions.

 

(a) As used in this act:

 

(i) Repealed By Laws 2001, Ch. 55, 3.

 

(ii) "Carrier" means a private insurance company orhealth maintenance organization, as defined in W.S. 26-34-102(a)(xvi), holdinga valid outstanding certificate of authority from the state insurancecommissioner, or a nonprofit hospital service plan or a nonprofit medicalservice plan incorporated as a nonprofit corporation, either of which has hadsuccessful experience in the group health insurance field as determined by thecommissioner of insurance;

 

(iii) "Dependent" means an employee's spouse, eachunmarried child under the age of eighteen (18), including adopted children,stepchildren and foster children, and each unmarried child between the age ofeighteen (18) and twenty-three (23) years who is a full-time student in anaccredited educational or vocational institution, and for whom the employee isthe major source of financial support. "Dependent" includes anotherwise qualified dependent of a deceased employee as provided in W.S.9-3-209(d);

 

(iv) "Employee" means any employee of a participatingschool district whose salary is paid by school district funds, or any officialor employee of the state of Wyoming whose salary is paid by state funds,including employees and faculty members of the University of Wyoming andvarious community colleges in the state, except persons employed onintermittent, irregular, or less than halftime basis and any at-will contractemployee who does not meet the requirements established under W.S.9-2-1022(a)(xi)(F)(III) or (IV). "Employee" shall not includeemployees of the agricultural extension service of the University of Wyomingwho hold federal civil service appointments, are required to participate infederal civil service retirement and who elect to participate in the federalemployees' health benefit program as authorized in W.S. 9-3-210(d);

 

(v) "Group insurance plan" means the health and lifeinsurance plans defined in this section, the flexible benefits plan or anyother group insurance coverages contracted for by the department, includingdisability insurance, as defined in W.S. 26-5-103(a);

 

(vi) "Health insurance plan" means a group insurancepolicy or contract or a medical or hospital service agreement or other healthcare delivery system provided by a carrier or carriers for the purpose ofpaying for or reimbursing the cost of hospital and medical care;

 

(vii) "Hospital and medical benefits" means hospitalroom and board, other hospital services, certain outpatient benefits, maternitybenefits, surgical benefits, including obstetrical care, in-hospital medicalcare, diagnostic X-ray and laboratory benefits, physician's services providedby house and office calls, prescription drugs, outpatient psychiatric servicesand other benefits determined by the department. Benefits may be provided on acoinsurance basis, the insured to pay a proportion of the cost of benefits;

 

(viii) "Life insurance plan" means a group insurancepolicy or contract provided by a carrier for the purpose of providing lifeinsurance;

 

(ix) "Official" means any elected or appointed stateofficial who receives compensation other than expense reimbursement from statefunds, except officials serving on an intermittent, irregular or less thanhalftime basis;

 

(x) "Supplemental health insurance plan" or"supplemental plan" means a group insurance contract or a medical orhospital service agreement provided by a carrier for the purpose of paying foror reimbursing the cost of hospital and medical care in excess of orsupplemental to medicare or medicaid, or both, which employees or officials andtheir dependents may be eligible to receive. Supplemental coverage may consistof one (1), a combination of, or alternative plans in the discretion of thedepartment;

 

(xi) "Department" means the department ofadministration and information;

 

(xii) "Flexible benefits plan" means a plan of benefitsestablished by department rules and regulations and adopted pursuant to theInternal Revenue Code of 1986, Title 26 of the United States code and qualifiedunder 125 of the Internal Revenue Code of 1986. The plan may include benefitsauthorized by the Internal Revenue Code of 1986 and related federal regulationswhich are consistent with Wyoming law;

 

(xiii) "Retiree" means an individual who has terminatedhis working career as an employee of an employing entity participating in thegroup insurance plan and who is eligible to receive a retirement benefit underthe Wyoming retirement system;

 

(xiv) "This act" means W.S. 9-3-202 through 9-3-218;

 

(xv) "Participating school district" means any schooldistrict which has elected to participate in the state employees' andofficials' group insurance plan under W.S. 9-3-201(e) and which has notdiscontinued plan participation pursuant to an election under W.S. 9-3-201(f).

 

9-3-204. Repealed By Laws 2001, Ch. 55, 3.

 

 

9-3-205. Administration and management of group insurance program;powers and duties; adoption of rules and regulations; interfund borrowingauthority.

 

(a) The department shall administer and manage the stateemployees' and officials' group insurance program and, subject to theprovisions of this act:

 

(i) Shall prepare specifications for the health insurance planand a supplemental plan, the life insurance plan and any other group insuranceplan contracted for by the department;

 

(ii) Shall contract with carriers to underwrite group orsupplemental insurance plans;

 

(iii) Shall determine the methods of claims administration undergroup insurance or supplemental plans, whether by the state or carrier or both;

 

(iv) Shall determine the eligibility of employees, officials andtheir dependents to participate in group insurance and supplemental plans;

 

(v) Shall determine the amount of employee payroll deductions;

 

(vi) Shall establish a procedure by which the department shallhear complaints by insured employees concerning the allowance and payment ofclaims, eligibility for coverage and other matters. Unless otherwise providedin the group insurance or supplemental plan or plans, any decision of thedepartment upon complaints is not binding upon either the employee or carrierand the provisions of the Wyoming Administrative Procedure Act shall not applyto the proceedings. The group insurance or supplemental plan or plans mayprovide that the decision of the department shall be binding upon both theemployee and the carrier as to certain disputes and in such event the procedureadopted by the department shall conform to the provisions of the WyomingAdministrative Procedure Act;

 

(vii) Shall administer state group insurance reserve monies;

 

(viii) Shall continuously study the operation of the groupinsurance plan including analysis of:

 

(A) Gross and net costs, including administrative costs;

 

(B) Claims administration;

 

(C) Comprehensive health claims utilization information todetermine the causes of plan health care cost increases and strategies tocontrol those costs;

 

(D) Factors in the plan's design that may adversely affectparticipation;

 

(E) The effect of benefit changes;

 

(F) Contribution levels and recommendations to attract a broadmix of participants to the plan;

 

(G) Demographic information about existing and eligibleparticipants;

 

(H) Trends in costs and benefits of the plan relative to otherplans.

 

(ix) May enter into a contract with a carrier to underwrite asupplemental plan and negotiate and enter into amendments to existing healthinsurance contracts to provide a supplemental plan and determine an effectivedate;

 

(x) May determine that employees, officials and theirdependents who are eligible for medicare or medicaid, or both, shall beeligible for a supplemental plan and, upon the effective date of thesupplemental plan as to employees, officials and their dependents presentlycovered by the health insurance plan, may transfer them from the healthinsurance plan to the supplemental plan;

 

(xi) May negotiate and enter into amendments to existingcontracts providing group insurance and supplemental plans to provideappropriate coverage for employees and officials who may become eligible forcoverage after the effective date of those contracts and to provide for theirenrollment;

 

(xii) May contract with carriers to underwrite optional groupinsurance plans which may be additions to or supplemental to those planscontracted under this act and which are paid for entirely by state employeesand officials, entirely by the state, or by both. The contracts shall bedesigned to provide the fullest benefits at the lowest cost, and the departmentmay contract with the same carriers for the optional group insurance plans asfor the other plans contracted for under this act;

 

(xiii) May contract with any person for the furnishing ofactuarial services, the preparation of specifications for group insurance plansand other specialized services which cannot be performed by the department orby state employees. Contracts for these services shall be awarded throughresponsible competitive bidding at intervals as the department determines, andshall be reviewed annually by the department;

 

(xiv) May develop, implement and administer a flexible benefits plan and may contract with carriers, third-party administrators or otherprofessionals to develop, administer and implement a flexible benefits plan;

 

(xv) Repealed By Laws 2001, Ch. 55, 3.

 

(b) The department shall adopt rules and regulations consistentwith the provisions of this act as necessary to carry out its statutory dutiesand responsibilities under this act.

 

(c) For the purposes of determining financial condition,ability to fulfill and the manner of fulfillment of its statutory duties, thenature of its operations and compliance with law, the insurance commissionershall examine the affairs, accounts, records and assets of the Wyoming stateemployees' and officials' group insurance plan, as often as he deems advisablebut not less frequently than every three (3) years.

 

(d) The department shall report the results of the analysisconducted pursuant to paragraph (a)(viii) of this section and suggestedactivities to manage the plan by December 1 of each year to a committee of thelegislature designated by the management council.

 

(e) Upon request of the director of the department, the statetreasurer and the state auditor may utilize interfund loans from the generalfund or the budget reserve account to cover the costs of group insurance plancoverage to school districts electing to participate in the group insuranceplan under W.S. 9-3-201(e) or the costs of discontinuing plan coverage todistricts electing to cease participation under W.S. 9-3-201(f). The interfundloans shall be repaid as soon as anticipated revenue is received. The totalamount of interfund loans outstanding at any one (1) time shall not exceedsixty million dollars ($60,000,000.00).

 

9-3-206. Specifications for insurance plan; submission of bids;change of carriers; notice of rate changes or intent of carrier not to renew;premium tax exemption.

 

(a) The specifications drawn by the department for the healthinsurance plan shall include hospital and medical benefits, and comparablebenefits for employees who rely solely on spiritual means for healing. Thespecification drawn by the department for the life insurance plan and any othergroup insurance plan shall include benefits as determined by the department.Bids shall be submitted to the department within time limits established by thedepartment and, in addition to the carrier's cost proposal, shall include anexplanation of the method of claims administration proposed by the carrier andthe cost thereof, the amount of total premiums to be retained by the carrier,the purpose for which these retained funds would be allocated, and otherinformation requested by the department.

 

(b) The department may:

 

(i) Call for bids and change carriers at its discretion;

 

(ii) Terminate an existing contract at any time upon sixty (60)days notice in the event of unsatisfactory performance or noncompliance withthe terms of the contract by the carrier.

 

(c) Any carrier under contract with the department shall givethe department sixty (60) days notice of any proposed rate change in thecontract specifications or intent not to renew the contract. If the departmentand the carrier agree during the sixty (60) day period to any rate change inthe specifications, the department may renew the contract, as changed, withoutreopening to bids.

 

(d) If the department decides to change carriers or to reopenbids on the underwriting of any aspect of the group insurance plan, it shallfollow the same procedures in the selection of a subsequent carrier as it didin awarding the initial contract.

 

(e) Any carrier underwriting any portion of the state's groupinsurance plan is exempt from paying premium taxes under W.S. 26-4-103 on thatportion of its business representing premiums collected from the groupinsurance plan.

 

9-3-207. Eligibility for membership in plan; state employees; 31 dayperiod to elect enrollment; new employees; later enrollment.

 

(a) Any state employee eligible for membership in the groupinsurance plan at the time the plan becomes effective shall have thirty-one(31) days to either elect to be enrolled or not be enrolled in the plan. Thedepartment shall establish the procedure by which eligible employees shallnotify the department of their decision within the prescribed thirty-one (31)day period.

 

(b) An eligible state employee who enters state service hasthirty-one (31) days from the initial date of employment to elect to beenrolled or not be enrolled in the group insurance plan.

 

(c) Employees who elect not to be enrolled within the timeprescribed in subsections (a) and (b) of this section may be enrolled at alater date upon conditions the department may impose, such as a physicalexamination or the exclusion of preexisting conditions from coverage.

 

(d) A retiree is eligible for coverage under the groupinsurance plan subject to the provisions of W.S. 9-3-218.

 

9-3-208. State officials; 31 day period to elect enrollment; newlyappointed or elected officials; later enrollment.

 

(a) State officials eligible for membership in the groupinsurance plan at the time the plan becomes effective shall have thirty-one(31) days to either elect to become enrolled or not become enrolled in theplan. The election shall be made according to procedures established by thedepartment.

 

(b) Eligible state officials appointed or elected after theeffective date of the group insurance plan have thirty-one (31) days after thedate they officially take office to elect to become enrolled or not becomeenrolled in the plan.

 

(c) Eligible state officials who elect not to become enrolledwithin the time prescribed in subsections (a) and (b) of this section may beenrolled at a later date upon conditions the department may impose, such as aphysical examination or the exclusion of preexisting conditions from coverage.

 

9-3-209. Dependents; election of coverage; later election; change innumber of dependents; extended coverage.

 

(a) Any eligible employee or official may elect to have hisdependents covered by the group insurance plan. The election shall be made atthe time the employee or official becomes enrolled in the plan, underprocedures the department may establish. If dependent coverage is not electedat the time that an employee or official becomes enrolled in the plan,dependent coverage may be elected at a later date under conditions thedepartment may impose, such as physical examination or the exclusion ofpreexisting conditions from coverage.

 

(b) Any employee or official who has elected to have hisdependents covered as provided in subsection (a) of this section, and whosubsequently has a change in the number of his dependents, may at the time ofthe change increase or decrease the number of his dependents covered by thegroup insurance plan under procedures established by the department.

 

(c) Any employee or official who has no eligible dependents atthe time he becomes enrolled in the group insurance plan, and who later has aneligible dependent may, at the time his dependency status changes, electcoverage for the dependent under procedures established by the department.

 

(d) The dependents of any employee or official who has electedto have his dependents covered as provided in subsection (a) of this section,and who suffers a work related death as a result of employment as an officialor employee, shall continue to be covered for a period of six (6) months afterthe date of the employee's or official's death. The state auditor shallascertain the employing agency's contribution pursuant to W.S. 9-3-210 for thesix (6) month period and shall pay the department the amount required for thecoverage. The dependents shall be responsible for any portion required to bepaid by the employee for coverage during the six (6) month period.

 

9-3-210. Amount of state's contribution; estimates submitted to statebudget officer; specified employees participation in federal program;participating school district contribution.

 

(a) Except for participating school districts, the state shallcontribute monthly the amount established and appropriated by the legislaturefor each employee and official enrolled in the plan in accordance withsubsections (b) and (c) of this section.

 

(b) Any state agency, department or institution, including theUniversity of Wyoming and the community colleges in the state, shall paymonthly to the department the amount established and appropriated by thelegislature for each eligible employee or official electing to become coveredby any portion of the group insurance plan as the contribution of the state tothat plan during the period the employee or official is enrolled in the plan.Amounts appropriated by the legislature from the general fund for University ofWyoming and community college employer contributions under this section shallinclude amounts necessary to fully fund the employer's contribution for thoseeligible and enrolled employees whose compensation is partially or fully fundedfrom nonfederal sources, but the University of Wyoming shall exclude amountsnecessary to fully fund the employer's contribution for those eligible andenrolled employees whose compensation is partially or fully funded fromcontracts, grants and auxiliary services. If federal funds are not available,the amounts necessary to fully fund the employer's contribution for thoseeligible and enrolled employees shall be included in the general fundappropriation. If the monthly premium for coverage of the employee or officialis less than the amount established and appropriated by the legislature, thebalance may be applied to the premium for coverage of dependents, or to thepremium for any optional group insurance coverage made available by thedepartment, if so elected.

 

(c) Each state agency, department or institution, including theUniversity of Wyoming and the community colleges in the state shall estimatethe amount required for its participation in the group insurance plan for thenext biennium and shall submit the estimate to the state budget officer at thetime the state budget officer makes the request.

 

(d) Notwithstanding any other provision contained in W.S.9-3-201 or the State Employees' and Officials' Group Insurance Act, employeesof the agricultural extension service of the University of Wyoming who holdfederal civil service appointments and are required to participate in federalcivil service retirement may elect to participate in the federal employees'health insurance program. For eligible employees participating in the federalemployees' health insurance program the state shall contribute monthly anamount toward the federal employees health insurance program costs which is inexcess of the federal contribution thereto but which does not exceed the amountwhich would otherwise be paid under subsection (a) of this section if theemployee were enrolled in the state group insurance plan.

 

(e) A participating school district shall pay to the departmentthe monthly premium established by the department for coverage of each eligibleemployee or official of that district electing to become covered by any portionof the group insurance plan. Monthly premiums shall be at minimum no less thanrates assessed for coverage of other enrollees qualified under W.S.9-3-203(a)(iv), and shall be based upon information reported by theparticipating district to the department, to be in a form and manner prescribedby the department.

 

9-3-211. Deductions from salaries of monthly contributions byemployees and officials; establishment of procedure.

 

(a) The amount of monthly contribution to be made by eligibleemployees and officials enrolled in the group insurance plan for themselves andtheir dependents shall be deducted from the monthly salaries of the employeesand officials by the various agencies or participating school districts andremitted to the department. The procedure for deductions and remittances shallbe established by the department. If a flexible benefits plan is chosen, theemployees' and officials' contribution shall be applied to the chosen benefitsin an amount determined by the employee or official.

 

(b) The department shall establish procedures for deducting andremitting monthly contributions by eligible retirees enrolled in the groupinsurance plan which may include deductions from the retiree's state retirementbenefits or from the retiree's checking or savings account.

 

(c) Notwithstanding any other provision of the State Employees'and Officials' Group Insurance Act and for the contributions provided by W.S.9-2-1022(a)(xi)(F)(IV), the contributions required by subsection (a) of thissection may be paid by the Wyoming livestock board for state employee membersin order to be treated as employer contributions for the sole purpose ofdetermining tax treatment under the United States Internal Revenue Code,section 414(h). The amounts shall be stated in the employment contract.

 

9-3-212. Repealed by Laws 1987, ch. 194, 2.

 

9-3-213. Treasurer of monies; bond; deposit in an account of premiumcost payments, dividend payments and return of premiums; expenditures;investment of excess portions.

 

(a) The state treasurer shall be the treasurer of monies underthis act, and his general bond to the state of Wyoming shall cover allliabilities for his acts as treasurer. The department shall remit to thetreasurer for deposit into a separate account all payments received by thedepartment for the group insurance premium costs from employees and officials,and the state agencies, departments, institutions and participating schooldistricts. The department shall also remit to the treasurer for deposit intothe account any dividend payments and return of premium received by thedepartment from any carrier underwriting the group insurance plan. Allremittances shall be made as soon as possible after they are received.

 

(b) Expenditures shall be made from the account, uponcertification of the department to the office of the state auditor, only forthe following purposes:

 

(i) The payment of premiums to any carrier underwriting thegroup insurance or supplemental plan or plans; and

 

(ii) The state's cost of administering group insurance andsupplemental plans, subject to annual appropriation by the legislature based onthe submission by the department of a budget request containing detailedinformation on current and projected administrative costs.

 

(c) The department shall certify in writing to the statetreasurer for investment portions of the monies which in its judgment will notbe needed for the payment of premiums to the carriers underwriting the groupinsurance or supplemental plans.

 

9-3-214. Repealed by Laws 1987, ch. 194, 2.

 

9-3-215. Repealed by Laws 1987, ch. 194, 2.

 

9-3-216. Repealed by Laws 1987, ch. 194, 2.

 

9-3-217. Advisory panel; composition; compensation.

 

(a) The director of the department shall establish an advisorypanel consisting of active plan participants employed by the state,participating school districts, the University of Wyoming and Wyoming communitycolleges and of retired employees who are plan participants. The panel shallconsist of no more than ten (10) members if there are less than five (5)participating school districts or no more than twelve (12) members if there areat least five (5) participating school districts and, insofar as possible,shall proportionally represent the specified employee groups participating inthe group health insurance plan. The advisory panel shall be consultedregarding plan benefits and costs. The director of the department shall, uponreceiving notification from at least five (5) school districts electing groupinsurance plan participation under W.S. 9-3-201(e), appoint two (2) additionaladvisory panel members to increase the advisory panel to twelve (12) members asprovided in this section.

 

(b) State, participating school district, university andcommunity college employee members of the panel shall suffer no loss of wagesfor the time devoted to attending meetings of the panel called by thedepartment. All members shall be provided per diem and travel expensesincurred for attending such meetings at the rates provided under W.S. 9-3-102and 9-3-103.

 

9-3-218. Retiree membership in plan.

 

(a) A retiree is eligible for coverage under the groupinsurance plan at premium rates established by the department, provided:

 

(i) Application to continue coverage is made to the departmentwithin thirty-one (31) days after termination of the retiree's employment;

 

(ii) The retiree has had medical coverage in effect under thegroup insurance plan for at least one (1) year immediately prior to the date ofretirement and is eligible to receive a retirement benefit under the Wyomingretirement system; and either:

 

(A) Has attained the age of fifty (50) on the date ofretirement and has at least four (4) years of service credit under the Wyomingretirement system as an employee of one (1) of the employing entitiesparticipating in the plan; or

 

(B) Has at least twenty (20) years of service credit under theWyoming retirement system as an employee of one (1) of the employing entitiesparticipating in the plan.

 

(b) Within the application period provided under paragraph(a)(i) of this section, the retiree may elect to continue coverage of hiseligible dependents under the group insurance plan provided each such dependentwas covered under the group insurance plan for at least one (1) yearimmediately prior to the retiree's date of retirement. An election to adddependents may not be made after the initial application period unless theincrease in the number of dependents results from a subsequent marriage, birthor adoption in which case the dependents may be enrolled at a later date uponconditions the department may impose.

 

(c) The department shall establish procedures by which theeligible retiree shall make application within the thirty-one (31) day periodprovided under paragraph (a)(i) of this section.

 

ARTICLE 3 - SOCIAL SECURITY

 

9-3-301. Definitions.

 

(a) As used in this act:

 

(i) "Employee" includes administrative and electiveofficers of a state or political subdivision thereof;

 

(ii) "Employment" means any service performed by anyemployee in the employ of the state, or any political subdivision thereof, forthe employer except service which in the absence of an agreement entered intounder this act would constitute "employment", as defined in theSocial Security Act or service which under the Social Security Act may not beincluded in an agreement between the state and the federal securityadministrator entered into under this act;

 

(iii) "Federal Insurance Contributions Act" meanssubchapter (A) of chapter 9 of the federal Internal Revenue Code, as the codehas been and may from time to time be amended;

 

(iv) "Federal security administrator" includes anyindividual to whom the federal security administrator has delegated any of hisfunctions under the Social Security Act, with respect to coverage under suchact of employees of states and their political subdivisions;

 

(v) "Political subdivision" includes anyinstrumentality of the state, or one (1) or more of its political subdivisions,or of the state and one (1) or more of its political subdivisions, but only ifthe instrumentality is a juristic entity which is legally separate and distinctfrom the state or subdivision, and only if its employees are not, by virtue oftheir relation to the juristic entity, employees of the state or subdivision."Political subdivision" includes school districts, the WyomingEducation Association, the Wyoming High School Athletic Association, and anyother employer within the public school system of Wyoming;

 

(vi) "Social Security Act" means the act of congressapproved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the"Social Security Act," (including regulations and requirements issuedpursuant thereto), as the act has been and may from time to time be amended;

 

(vii) "State agency" means the office of the statetreasurer of the state of Wyoming;

 

(viii) "Wages" means all remuneration for employmentincluding the cash value of all remuneration paid in any medium other than cashand does not include that part of the remuneration which, even if it were for"employment" within the meaning of the Federal InsuranceContributions Act, would not constitute "wages" within the meaning ofthat act;

 

(ix) "This act" means W.S. 9-3-301 through 9-3-306.

 

9-3-302. Administration by secretary of Wyoming retirement system;payment of costs.

 

Alladministrative matters pertaining to this act shall be administered by thesecretary of the Wyoming retirement system. The cost of such services shall bepaid in the manner provided by law.

 

9-3-303. Agreements with federal security administrator to extendbenefits to employees; provisions.

 

(a) The state treasurer with the approval of the governor mayenter on behalf of the state into an agreement with the federal securityadministrator or his successor, consistent with the terms and provisions ofthis act for the purpose of extending the benefits of the federal old age andsurvivors' insurance system to employees of the state, or any politicalsubdivision thereof, with respect to services which constitute employment. Theagreement may contain provisions relating to coverage, benefits, contributions,effective date, modification and termination of the agreement, administration,and other appropriate provisions which the state treasurer and federal securityadministrator agree upon. Except as otherwise required by or under the SocialSecurity Act as to the services to be covered, the agreement shall provide ineffect that:

 

(i) Benefits will be provided for employees, and theirdependents and survivors, whose services are covered by the agreement on thesame basis as though the services constituted employment within the meaning ofTitle II of the Social Security Act;

 

(ii) The state will pay to the secretary of the treasury, attimes as prescribed under the Social Security Act, contributions with respectto wages equal to the sum of the taxes which would be imposed by sections 1400and 1410 of the Federal Insurance Contributions Act if the services covered bythe agreement constituted employment within the meaning of that act;

 

(iii) The agreement is effective with respect to services inemployment performed after a date specified therein, or in any modificationthereof;

 

(iv) All services which constitute employment and are performedin the employ of the state or any of its political subdivisions shall becovered by the agreement.

 

(b) Any instrumentality jointly created by this state and anyother state or states, upon the granting of like authority by the other stateor states, may:

 

(i) Enter into an agreement with the federal securityadministrator whereby the benefits of the federal old age and survivors'insurance system shall be extended to employees of the instrumentality;

 

(ii) Require its employees to pay (and for that purpose todeduct from their wages) contributions equal to the amounts which they would berequired to pay under W.S. 9-3-304(a) if they were covered by an agreement madepursuant to subsection (a) of this section; and

 

(iii) Make payments to the secretary of the treasury inaccordance with the agreement, including payments from its own funds, andotherwise to comply with the agreement.

 

(c) The agreement under subsection (b) of this section shall,to the extent practicable, be consistent with other provisions of this act.

 

9-3-304. Governmental employee's contributions; amount; collection bypayroll deduction; adjustments; payments from political subdivisions.

 

(a) Every employee of the state and political subdivisionthereof, whose services are covered by an agreement entered into under W.S.9-3-303, shall be required to pay, for the period of coverage, into the accountestablished by W.S. 9-3-305, contributions, with respect to wages equal to theamount of tax which would be imposed by section 1400 of the Federal InsuranceContributions Act if the services constituted employment within the meaning ofthat act. The liabilities shall arise in consideration of the employee'sretention in the service of the state or political subdivision thereof, or hisentry upon such service after the enactment of this act.

 

(b) The contribution imposed by this section shall be collectedthrough the office of the state treasurer by deducting the amount of thecontribution from wages as and when paid. The deductions shall be made by thefinance officer of the state, or political subdivision thereof, but failure tomake the deduction shall not relieve the employee or the political subdivisionas the employer of liability for the contribution.

 

(c) If more or less than the correct amount of the contributionimposed by this section is paid or deducted with respect to any remuneration,proper adjustments, or refund if adjustment is impracticable, shall be made,without interest, in the manner and at the times as prescribed by the secretaryof the treasury and state treasurer.

 

(d) Each political subdivision shall pay contributions into theaccount with respect to wages at the times the state agency by regulationprescribes, in the amounts and at the rates specified in the applicableagreement entered into by the state agency under W.S. 9-3-303.

 

(e) Payments due from political subdivisions under subsections(b) and (d) of this section, which are delinquent may be recovered by the statewith interest at the rate of six percent (6%) per annum in an action broughtfor that purpose in a court of competent jurisdiction against the politicalsubdivision liable therefor.

 

9-3-305. Account; establishment; contents; account to be heldseparate; withdrawals; treasurer and custodian of account; appropriations toaccount.

 

(a) A separate account is established which shall consist ofand there shall be deposited in the account:

 

(i) All contributions, interest and penalties collected underW.S. 9-3-304;

 

(ii) All monies appropriated thereto under this act;

 

(iii) Any property or securities and earnings thereof acquiredthrough the use of monies belonging to the account;

 

(iv) Interest earned upon any monies in the account; and

 

(v) All sums recovered upon the bond of the custodian orotherwise for losses sustained by the account, and, all other monies receivedfor the account from any other source. All monies in the account shall bemingled and undivided. Subject to the provisions of this act, the statetreasurer is vested with full power, authority and jurisdiction over theaccount, including


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title9 > Chapter3

CHAPTER 3 - COMPENSATION AND BENEFITS

 

ARTICLE 1 - SALARIES AND EXPENSES

 

9-3-101. Salaries; amount; date of payment.

 

(a) Salaries for clerk of the supreme court and district courtreporters shall be determined by the supreme court as authorized by legislativeappropriations. Subject to constitutional limitations the following stateofficers and members of the judiciary shall receive the salaries indicated bythe figures following their respective titles:

 

(i) Governor------------------------------ $105,000.00

 

(ii) Secretary of state-------------------- $92,000.00

 

(iii) State auditor------------------------------- .....$92,000.00

 

(iv) State treasurer....------------------- $92,000.00

 

(v) Superintendent of public instruction----------
-------------------------------------------------- $92,000.00

 

(vi) Repealed by Laws 1988, ch. 96, 2.

 

(vii) Repealed by Laws 1988, ch. 96, 3.

 

(b) When a state officer is required to simultaneously serve inhis office as a temporary or acting replacement for another officer, he shallreceive only the salary of the office he holds.

 

(c) Except as otherwise provided by law, other state employeesand officers, including members of boards and commissions, shall receivesalaries in amounts as provided by W.S. 9-2-1005(b)(iv) and 27-5-101.

 

(d) Except for employees paid hourly, or by hard copy payrollcheck, as determined by the state auditor's office, overtime and shiftdifferential pay and employees and officers of the University of Wyoming, stateemployees and officers on automatic payroll direct deposit shall be paid on thelast working day of the month for wages earned during that month. Hourly payshall be paid to state employees on automatic payroll direct deposit on thelast working day of the month for wages earned from the sixteenth day of thepreceding month through the fifteenth day of the current month. Overtime andshift differential pay shall be paid to state employees on automatic payrolldirect deposit no later than the last working day of the month following themonth in which overtime and shift differential pay was earned. Employees andofficers paid by hard copy payroll check shall have their payroll check mailedand post marked not later than the last working day of the month. TheUniversity of Wyoming is exempt from this subsection.

 

(e) The state auditor and payroll officers for employees of thedepartment of transportation, the University of Wyoming and community collegesmay establish payroll check-off programs for state employees under whichpayments to third-parties are made directly from deductions from state employeepayroll payments for supplemental medical plans, disability plans, lifeinsurance plans and annuities. The state auditor and other payroll officersauthorized to establish a payroll check-off program may impose an initial feeof up to one thousand five hundred dollars ($1,500.00) for each deduction filedupon a third-party for which check-off payments are established and thereafter,may impose an annual fee of two dollars ($2.00) per enrolled employee. Thestate auditor and other payroll officers authorized to establish a payrollcheck-off program may establish rules and regulations to implement the program.

 

9-3-102. Meal allowance; actual expenses; exceptions.

 

(a) Unless otherwise provided by law, when any state officer oremployee is required to travel on overnight trips for official business of thestate, he is entitled to receive in addition to transportation expenses asprovided by W.S. 9-3-103, lodging expenses, an allowance for meals andincidental expenses and other reimbursable expenses. The lodging and meal andincidental expense allowance shall be as determined by the governor for thestate and by the governing body of any other entity using the state rate forthat entity, but shall not exceed the published federal travel regulation ratesin effect at the time of travel. The meal and incidental expense allowanceshall be computed so as to pay seventy-five percent (75%) of the destinationrate on the day of departure, one hundred percent (100%) on all interim days ofofficial travel and seventy-five percent (75%) of the previous day's rate onthe day of return. Lodging expenses shall be reimbursed up to the amountprescribed in the federal travel regulation as provided in this subsection. Thehead of the respective agency may approve lodging expenses in excess of thepublished rate. In addition:

 

(i) Meal expenses, either directly billed to the state, orincluded in registration, seminar and conference fees paid by the state onbehalf of the state officer or employee are considered part of the meal andincidental expense allowance and shall be deducted from the allowance claim ofthe state officer or employee;

 

(ii) The head of the agency to be charged for the expense, orhis designee, shall approve the claim for payment. State officers or employeesshall not approve their own claims. The head of the agency is responsible todetermine the veracity of each claim;

 

(iii) Any reimbursable expenses claimed in excess of fifteendollars ($15.00) shall be supported by original vendor receipts or a swornstatement attesting to the expense, signed under penalty of false swearing bythe claimant, and shall be attached to the voucher submitted to the stateauditor for payment.

 

(b) Instead of the full meal and incidental expense allowancespecified in subsection (a) of this section, the state officer or employee willbe reimbursed for actual expenses for meals and gratuities while conductingofficial business of the state, not to exceed seventy-five percent (75%) of thedaily meal and incidental expense allowance for the location of the officialbusiness if the officer or employee:

 

(i) Is required to travel on a one (1) day trip of twenty-four(24) hours or less during which it is reasonable to assume no sleep or rest isrequired; or

 

(ii) Repealed By Laws 2001, Ch. 101, 2.

 

(iii) Is required to eat a meal at an official meeting of a statecommittee, commission, board or council held in the community of the stateofficer's or employee's official domicile.

 

(c) Repealed by Laws 1983, ch. 102, 2.

 

(d) Actual expenses in excess of the amounts specified insubsection (a) of this section may be reimbursed for in-state or out-of-statetravel, with the prior approval of the agency director if:

 

(i) Specific prior trip approval has been given by the head ofthe respective agency if the agency is within the executive branch, themanagement council for the legislative branch and the chief justice of thesupreme court for the judicial branch; and

 

(ii) The original itemized vendor receipts supporting amountsclaimed for lodging and employee meals and gratuities where the total amount ofthe meal and gratuity exceeds fifteen dollars ($15.00), accompany the claimsubmitted to the state auditor for payment. No reimbursement shall be claimedor paid for any alcoholic beverage.

 

(e) Claims for lodging and meal and incidental expenseallowance or actual expense reimbursement shall be submitted to the stateauditor for payment in the manner and form prescribed by him.

 

(f) This section does not apply to the state transportation andgame and fish departments.

 

(g) Any voucher for reimbursement under this section or W.S.9-3-103 shall be signed and certified under penalty of false swearing pursuantto W.S. 6-5-303.

 

(h) As used in the section:

 

(i) "Destination" means the location of the employeeat midnight, or if still traveling at midnight, the location where lodging issecured;

 

(ii) "Incidental expense" means fees and tips given toporters, baggage carriers, bellhops, hotel maids, stewards or stewardesses andothers on ships and hotel servants in foreign countries;

 

(iii) "Meal" means expenses for breakfast, lunch, dinnerand related tips and taxes, but does not include expenses incurred foralcoholic beverages, entertainment or any expenses incurred for other persons;

 

(iv) "Reimbursable expenses" means other expenses thatare inherently travel related and not included in the meal and incidentalexpense allowance.

 

9-3-103. Transportation expenses; limitation on longevity orlength-of-service allowances.

 

(a) Any state, county or precinct officer or employee requiredto travel in the performance of the duties of his office is entitled to receivereimbursement for all actual and necessary transportation expenses incurred asprovided by one (1) of the following methods:

 

(i) If common carrier transportation is used, the actualexpense not to exceed economy fare charged the general public is reimbursable.If deluxe accommodations are desired, the amount exceeding economy fare shallbe paid personally by the officer or employee. Passenger coupons issued by thetransportation company or an official fare receipt shall accompany the claimsubmitted to the state auditor or the board of county commissioners for auditand payment. With prior approval of the respective executive agency head, themanagement council or the chief justice of the supreme court, actual expensesin excess of the economy fare may be reimbursed;

 

(ii) If rented, chartered or contracted vehicle transportationis used, reimbursement is limited to reasonable rates determined by theadministrative head of the governmental unit where claim is submitted. The vendor'sofficial receipt for charges shall accompany the claim submitted to the stateauditor or board of county commissioners for audit and payment;

 

(iii) If private vehicle transportation is used, reimbursementshall be as determined by the governor for the state and by the governing bodyof any other entity, based on a mileage allowance not to exceed the maximumnontaxable rates allowed by the internal revenue service at the time of travel.

 

(A) Repealed By Laws 2001, Ch. 23, 2.

 

(B) Repealed By Laws 2001, Ch. 23, 2.

 

(C) Repealed By Laws 2001, Ch. 23, 2.

 

(b) At the discretion of the administrative head of thegovernmental unit in which claim is submitted, reimbursement may be authorizedfor actual but necessary vehicle parking fees, car wash expenses, toll fees,taxi fares and taxi driver tips.

 

(c) Before any claim for transportation expenses is paid, theclaimant shall present to the state auditor or the board of countycommissioners for audit and payment a verified claim made out in separate itemsproperly dated. The value of each item shall be specifically described to thesatisfaction of the auditing officer or board to indicate that the expense hasbeen properly incurred for the benefit of the state or county in pursuance ofthe claimant's official duties.

 

(d) County commissioners shall at all times receivetransportation expense reimbursement when engaged upon official countybusiness. Other officers of the county shall receive transportation expensereimbursement subject to the approval of the board of county commissioners.

 

(e) No state official or employee shall receive transportationexpense reimbursement when traveling from his residence to the place of hisemployment and return.

 

(f) A state officer, judge or employee whose salary is fixed byW.S. 9-3-101 or by any other specific act of the legislature shall not receiveany additional allowance based on longevity or length of service, or any othercompensation, perquisite or allowances whatever except per diem and necessary travelingand moving expenses when otherwise authorized by law. If any officer, judge oremployee, or any retired officer, judge or employee, is receiving compensationor retirement benefits on the effective date of this act which include anadditional allowance for longevity or length of service previously authorized,those compensation or retirement benefits shall not be immediately reduced ordiminished, but that portion of the compensation or retirement benefits beingreceived on the effective date of this act which is attributable to longevityor length of service allowance shall be reduced or disallowed to the extent itis offset by future increases in salary or retirement benefits authorized byact of the legislature. This subsection does not apply to retirement, healthinsurance or life insurance benefits, but only to compensation received forlength of service.

 

9-3-104. Moving expenses.

 

(a) When any state officer or employee is transferred from one(1) official station to another within the state of Wyoming for permanent duty,when the transfer is made at the request of and for the benefit of the state ofWyoming, the employing agency shall pay the actual expenses of transporting thehousehold goods and effects of the officer or employee.

 

(b) The governor may expend up to twenty thousand dollars($20,000.00) in any term of office, from any appropriation to the governor'soffice not otherwise specifically restricted, for purposes of defraying movingexpenses for gubernatorial appointees who are required to move to Cheyenne. Notmore than five thousand dollars ($5,000.00) shall be expended for any one (1)appointee. Any funds expended for this purpose shall be reimbursed to the stateby the appointee if the appointee is employed by the state for less than twelve(12) months.

 

(c) If there is a change in governor as a result of a generalelection, the governor may expend up to thirty-five thousand dollars($35,000.00) from any appropriation to the governor's office not otherwisespecifically restricted, for transition staff salaries, travel and otherrelated office expenses. If there is a change of any other elected stateofficial as a result of a general election, the elected official may expend upto fifteen thousand dollars ($15,000.00) from any appropriation to theofficial's office not otherwise specifically restricted, for the same purposes.

 

9-3-105. Reduction in force; defined; maintenance of medicalbenefits.

 

(a) As used in this section, "reduction in force"means the involuntary separation of any employee from state employment becauseof a shortfall of funding, lack of work or organizational changes requiring areduction in the number of positions of state employment.

 

(b) The state's share of the health insurance benefits underthe group insurance plan for state employees shall be maintained by the state for any state employee separated from employment because of a reduction inforce for a period of six (6) months following separation or until theseparated employee acquires employment, whichever first occurs.

 

9-3-106. Interbranch donation of sick leave.

 

An employee of an entity participating in the state healthinsurance program may donate accrued sick leave to an employee of anotherentity participating in the state health insurance program if authorized byreciprocal personnel policies adopted by the appropriate entities.

 

ARTICLE 2 - INSURANCE PLANS

 

9-3-201. Group prepaid plans authorized; agreements with insurancecompanies authorized; limitation on authorized plans and companies; payrolldeductions; self-insurance programs; optional school district participation inplan.

 

(a) The state of Wyoming and its political subdivisions andschool districts may obtain group prepaid plans or insurance for life, health,accident or hospitalization for their employees and for elected officials,except for members of the legislature, and enter into agreements with prepaidplans or insurance companies to provide this coverage. On and after July 1,2010, insurance coverage for school district employees meeting the definitionof employee under W.S. 9-3-203(a)(iv), shall, if elected by the district undersubsection (e) of this section, be provided through the state employees' andofficials' group insurance plan in accordance with W.S. 9-3-202 through9-3-218. On and after July 1, 2010, insurance coverage for retired schooldistrict employees shall, if elected by the district under subsection (e) ofthis section and if the retired employee was continuously covered under theschool district's insurance plan prior to the election, be provided through thestate employees' and officials' group insurance plan in accordance with W.S.9-3-202 through 9-3-218. If a school district elects to cease participation inthe group insurance plan pursuant to subsection (f) of this section, theelection shall apply to retired employees of that school district who arereceiving coverage under this subsection.

 

(b) Prepaid plans or insurance shall be procured only fromprepaid plans authorized to do business in the state of Wyoming or frominsurance companies authorized to do business in the state of Wyoming and underthe full jurisdiction of the Wyoming insurance commissioner.

 

(c) Upon a request in writing from any employee of the state ofWyoming, any covered political subdivision thereof or a participating schooldistrict, the state treasurer or the proper officer in any politicalsubdivision or school district may deduct from the wages of the employee theamount of the premium which the employee has agreed to pay for the prepaidplans or insurance, and to pay or remit the payment directly to the prepaidplan or insurance company issuing the group plan or insurance.

 

(d) The state and any political subdivision are authorized toutilize a self-insurance program, provided that a defined plan with properfunding is first adopted and the cost of the plan is included in the annualbudget and provided the self-insurance program includes any coverage mandatedby Wyoming insurance law. Any self-insurance program, including the Wyomingstate employees' and officials' group insurance plan, adopted pursuant to thissection shall be within the jurisdiction of the insurance commissioner under the provisions of title 26, Wyoming statutes.

 

(e) Any school district may elect to participate in the stateemployees' and officials' group insurance plan by filing notification ofelection with the department of administration and information on a form and ina manner as prescribed by the department. Participation in the plan for any electingdistrict shall commence not less than one hundred twenty (120) days followingthe date on which the district filed notification under this subsection andshall be identical to plans and coverage provided other enrollees under thisact. The department shall notify the electing district of the date on whichthe district is eligible to participate in the state group insurance plan. Anelection by a district to participate in the state group insurance plan underthis subsection is irrevocable for a period of five (5) years from the date onwhich plan participation originally commenced. A district may renew itsinitial participation in the state group insurance plan without interruptionupon submitting notification of renewal to the department prior to expirationof the initial five (5) year participation period. Renewal of planparticipation shall be irrevocable for an additional period of not less thanfive (5) years.

 

(f) Any school district which has elected to participate in thestate employees' and officials' group insurance plan under subsection (e) ofthis section may, upon expiration of the initial five (5) years of planparticipation required under subsection (e) of this section, elect to ceaseparticipation in the state group insurance plan by filing notification of theelection to the department on a form and in a manner prescribed by thedepartment. An election under this subsection shall prohibit the schooldistrict from participation in the state group insurance plan for a period offive (5) years commencing on the date plan participation ceased. Participationin the plan for any district electing to cease plan participation under thissubsection shall be discontinued on a date determined by the department inconsultation with the school district, but in no event later than one hundredtwenty (120) days following the date on which the district filed notificationunder this subsection.

 

9-3-202. Short title.

 

Thisact shall be known and may be cited as the "State Employees and Officials GroupInsurance Act".

 

9-3-203. Definitions.

 

(a) As used in this act:

 

(i) Repealed By Laws 2001, Ch. 55, 3.

 

(ii) "Carrier" means a private insurance company orhealth maintenance organization, as defined in W.S. 26-34-102(a)(xvi), holdinga valid outstanding certificate of authority from the state insurancecommissioner, or a nonprofit hospital service plan or a nonprofit medicalservice plan incorporated as a nonprofit corporation, either of which has hadsuccessful experience in the group health insurance field as determined by thecommissioner of insurance;

 

(iii) "Dependent" means an employee's spouse, eachunmarried child under the age of eighteen (18), including adopted children,stepchildren and foster children, and each unmarried child between the age ofeighteen (18) and twenty-three (23) years who is a full-time student in anaccredited educational or vocational institution, and for whom the employee isthe major source of financial support. "Dependent" includes anotherwise qualified dependent of a deceased employee as provided in W.S.9-3-209(d);

 

(iv) "Employee" means any employee of a participatingschool district whose salary is paid by school district funds, or any officialor employee of the state of Wyoming whose salary is paid by state funds,including employees and faculty members of the University of Wyoming andvarious community colleges in the state, except persons employed onintermittent, irregular, or less than halftime basis and any at-will contractemployee who does not meet the requirements established under W.S.9-2-1022(a)(xi)(F)(III) or (IV). "Employee" shall not includeemployees of the agricultural extension service of the University of Wyomingwho hold federal civil service appointments, are required to participate infederal civil service retirement and who elect to participate in the federalemployees' health benefit program as authorized in W.S. 9-3-210(d);

 

(v) "Group insurance plan" means the health and lifeinsurance plans defined in this section, the flexible benefits plan or anyother group insurance coverages contracted for by the department, includingdisability insurance, as defined in W.S. 26-5-103(a);

 

(vi) "Health insurance plan" means a group insurancepolicy or contract or a medical or hospital service agreement or other healthcare delivery system provided by a carrier or carriers for the purpose ofpaying for or reimbursing the cost of hospital and medical care;

 

(vii) "Hospital and medical benefits" means hospitalroom and board, other hospital services, certain outpatient benefits, maternitybenefits, surgical benefits, including obstetrical care, in-hospital medicalcare, diagnostic X-ray and laboratory benefits, physician's services providedby house and office calls, prescription drugs, outpatient psychiatric servicesand other benefits determined by the department. Benefits may be provided on acoinsurance basis, the insured to pay a proportion of the cost of benefits;

 

(viii) "Life insurance plan" means a group insurancepolicy or contract provided by a carrier for the purpose of providing lifeinsurance;

 

(ix) "Official" means any elected or appointed stateofficial who receives compensation other than expense reimbursement from statefunds, except officials serving on an intermittent, irregular or less thanhalftime basis;

 

(x) "Supplemental health insurance plan" or"supplemental plan" means a group insurance contract or a medical orhospital service agreement provided by a carrier for the purpose of paying foror reimbursing the cost of hospital and medical care in excess of orsupplemental to medicare or medicaid, or both, which employees or officials andtheir dependents may be eligible to receive. Supplemental coverage may consistof one (1), a combination of, or alternative plans in the discretion of thedepartment;

 

(xi) "Department" means the department ofadministration and information;

 

(xii) "Flexible benefits plan" means a plan of benefitsestablished by department rules and regulations and adopted pursuant to theInternal Revenue Code of 1986, Title 26 of the United States code and qualifiedunder 125 of the Internal Revenue Code of 1986. The plan may include benefitsauthorized by the Internal Revenue Code of 1986 and related federal regulationswhich are consistent with Wyoming law;

 

(xiii) "Retiree" means an individual who has terminatedhis working career as an employee of an employing entity participating in thegroup insurance plan and who is eligible to receive a retirement benefit underthe Wyoming retirement system;

 

(xiv) "This act" means W.S. 9-3-202 through 9-3-218;

 

(xv) "Participating school district" means any schooldistrict which has elected to participate in the state employees' andofficials' group insurance plan under W.S. 9-3-201(e) and which has notdiscontinued plan participation pursuant to an election under W.S. 9-3-201(f).

 

9-3-204. Repealed By Laws 2001, Ch. 55, 3.

 

 

9-3-205. Administration and management of group insurance program;powers and duties; adoption of rules and regulations; interfund borrowingauthority.

 

(a) The department shall administer and manage the stateemployees' and officials' group insurance program and, subject to theprovisions of this act:

 

(i) Shall prepare specifications for the health insurance planand a supplemental plan, the life insurance plan and any other group insuranceplan contracted for by the department;

 

(ii) Shall contract with carriers to underwrite group orsupplemental insurance plans;

 

(iii) Shall determine the methods of claims administration undergroup insurance or supplemental plans, whether by the state or carrier or both;

 

(iv) Shall determine the eligibility of employees, officials andtheir dependents to participate in group insurance and supplemental plans;

 

(v) Shall determine the amount of employee payroll deductions;

 

(vi) Shall establish a procedure by which the department shallhear complaints by insured employees concerning the allowance and payment ofclaims, eligibility for coverage and other matters. Unless otherwise providedin the group insurance or supplemental plan or plans, any decision of thedepartment upon complaints is not binding upon either the employee or carrierand the provisions of the Wyoming Administrative Procedure Act shall not applyto the proceedings. The group insurance or supplemental plan or plans mayprovide that the decision of the department shall be binding upon both theemployee and the carrier as to certain disputes and in such event the procedureadopted by the department shall conform to the provisions of the WyomingAdministrative Procedure Act;

 

(vii) Shall administer state group insurance reserve monies;

 

(viii) Shall continuously study the operation of the groupinsurance plan including analysis of:

 

(A) Gross and net costs, including administrative costs;

 

(B) Claims administration;

 

(C) Comprehensive health claims utilization information todetermine the causes of plan health care cost increases and strategies tocontrol those costs;

 

(D) Factors in the plan's design that may adversely affectparticipation;

 

(E) The effect of benefit changes;

 

(F) Contribution levels and recommendations to attract a broadmix of participants to the plan;

 

(G) Demographic information about existing and eligibleparticipants;

 

(H) Trends in costs and benefits of the plan relative to otherplans.

 

(ix) May enter into a contract with a carrier to underwrite asupplemental plan and negotiate and enter into amendments to existing healthinsurance contracts to provide a supplemental plan and determine an effectivedate;

 

(x) May determine that employees, officials and theirdependents who are eligible for medicare or medicaid, or both, shall beeligible for a supplemental plan and, upon the effective date of thesupplemental plan as to employees, officials and their dependents presentlycovered by the health insurance plan, may transfer them from the healthinsurance plan to the supplemental plan;

 

(xi) May negotiate and enter into amendments to existingcontracts providing group insurance and supplemental plans to provideappropriate coverage for employees and officials who may become eligible forcoverage after the effective date of those contracts and to provide for theirenrollment;

 

(xii) May contract with carriers to underwrite optional groupinsurance plans which may be additions to or supplemental to those planscontracted under this act and which are paid for entirely by state employeesand officials, entirely by the state, or by both. The contracts shall bedesigned to provide the fullest benefits at the lowest cost, and the departmentmay contract with the same carriers for the optional group insurance plans asfor the other plans contracted for under this act;

 

(xiii) May contract with any person for the furnishing ofactuarial services, the preparation of specifications for group insurance plansand other specialized services which cannot be performed by the department orby state employees. Contracts for these services shall be awarded throughresponsible competitive bidding at intervals as the department determines, andshall be reviewed annually by the department;

 

(xiv) May develop, implement and administer a flexible benefits plan and may contract with carriers, third-party administrators or otherprofessionals to develop, administer and implement a flexible benefits plan;

 

(xv) Repealed By Laws 2001, Ch. 55, 3.

 

(b) The department shall adopt rules and regulations consistentwith the provisions of this act as necessary to carry out its statutory dutiesand responsibilities under this act.

 

(c) For the purposes of determining financial condition,ability to fulfill and the manner of fulfillment of its statutory duties, thenature of its operations and compliance with law, the insurance commissionershall examine the affairs, accounts, records and assets of the Wyoming stateemployees' and officials' group insurance plan, as often as he deems advisablebut not less frequently than every three (3) years.

 

(d) The department shall report the results of the analysisconducted pursuant to paragraph (a)(viii) of this section and suggestedactivities to manage the plan by December 1 of each year to a committee of thelegislature designated by the management council.

 

(e) Upon request of the director of the department, the statetreasurer and the state auditor may utilize interfund loans from the generalfund or the budget reserve account to cover the costs of group insurance plancoverage to school districts electing to participate in the group insuranceplan under W.S. 9-3-201(e) or the costs of discontinuing plan coverage todistricts electing to cease participation under W.S. 9-3-201(f). The interfundloans shall be repaid as soon as anticipated revenue is received. The totalamount of interfund loans outstanding at any one (1) time shall not exceedsixty million dollars ($60,000,000.00).

 

9-3-206. Specifications for insurance plan; submission of bids;change of carriers; notice of rate changes or intent of carrier not to renew;premium tax exemption.

 

(a) The specifications drawn by the department for the healthinsurance plan shall include hospital and medical benefits, and comparablebenefits for employees who rely solely on spiritual means for healing. Thespecification drawn by the department for the life insurance plan and any othergroup insurance plan shall include benefits as determined by the department.Bids shall be submitted to the department within time limits established by thedepartment and, in addition to the carrier's cost proposal, shall include anexplanation of the method of claims administration proposed by the carrier andthe cost thereof, the amount of total premiums to be retained by the carrier,the purpose for which these retained funds would be allocated, and otherinformation requested by the department.

 

(b) The department may:

 

(i) Call for bids and change carriers at its discretion;

 

(ii) Terminate an existing contract at any time upon sixty (60)days notice in the event of unsatisfactory performance or noncompliance withthe terms of the contract by the carrier.

 

(c) Any carrier under contract with the department shall givethe department sixty (60) days notice of any proposed rate change in thecontract specifications or intent not to renew the contract. If the departmentand the carrier agree during the sixty (60) day period to any rate change inthe specifications, the department may renew the contract, as changed, withoutreopening to bids.

 

(d) If the department decides to change carriers or to reopenbids on the underwriting of any aspect of the group insurance plan, it shallfollow the same procedures in the selection of a subsequent carrier as it didin awarding the initial contract.

 

(e) Any carrier underwriting any portion of the state's groupinsurance plan is exempt from paying premium taxes under W.S. 26-4-103 on thatportion of its business representing premiums collected from the groupinsurance plan.

 

9-3-207. Eligibility for membership in plan; state employees; 31 dayperiod to elect enrollment; new employees; later enrollment.

 

(a) Any state employee eligible for membership in the groupinsurance plan at the time the plan becomes effective shall have thirty-one(31) days to either elect to be enrolled or not be enrolled in the plan. Thedepartment shall establish the procedure by which eligible employees shallnotify the department of their decision within the prescribed thirty-one (31)day period.

 

(b) An eligible state employee who enters state service hasthirty-one (31) days from the initial date of employment to elect to beenrolled or not be enrolled in the group insurance plan.

 

(c) Employees who elect not to be enrolled within the timeprescribed in subsections (a) and (b) of this section may be enrolled at alater date upon conditions the department may impose, such as a physicalexamination or the exclusion of preexisting conditions from coverage.

 

(d) A retiree is eligible for coverage under the groupinsurance plan subject to the provisions of W.S. 9-3-218.

 

9-3-208. State officials; 31 day period to elect enrollment; newlyappointed or elected officials; later enrollment.

 

(a) State officials eligible for membership in the groupinsurance plan at the time the plan becomes effective shall have thirty-one(31) days to either elect to become enrolled or not become enrolled in theplan. The election shall be made according to procedures established by thedepartment.

 

(b) Eligible state officials appointed or elected after theeffective date of the group insurance plan have thirty-one (31) days after thedate they officially take office to elect to become enrolled or not becomeenrolled in the plan.

 

(c) Eligible state officials who elect not to become enrolledwithin the time prescribed in subsections (a) and (b) of this section may beenrolled at a later date upon conditions the department may impose, such as aphysical examination or the exclusion of preexisting conditions from coverage.

 

9-3-209. Dependents; election of coverage; later election; change innumber of dependents; extended coverage.

 

(a) Any eligible employee or official may elect to have hisdependents covered by the group insurance plan. The election shall be made atthe time the employee or official becomes enrolled in the plan, underprocedures the department may establish. If dependent coverage is not electedat the time that an employee or official becomes enrolled in the plan,dependent coverage may be elected at a later date under conditions thedepartment may impose, such as physical examination or the exclusion ofpreexisting conditions from coverage.

 

(b) Any employee or official who has elected to have hisdependents covered as provided in subsection (a) of this section, and whosubsequently has a change in the number of his dependents, may at the time ofthe change increase or decrease the number of his dependents covered by thegroup insurance plan under procedures established by the department.

 

(c) Any employee or official who has no eligible dependents atthe time he becomes enrolled in the group insurance plan, and who later has aneligible dependent may, at the time his dependency status changes, electcoverage for the dependent under procedures established by the department.

 

(d) The dependents of any employee or official who has electedto have his dependents covered as provided in subsection (a) of this section,and who suffers a work related death as a result of employment as an officialor employee, shall continue to be covered for a period of six (6) months afterthe date of the employee's or official's death. The state auditor shallascertain the employing agency's contribution pursuant to W.S. 9-3-210 for thesix (6) month period and shall pay the department the amount required for thecoverage. The dependents shall be responsible for any portion required to bepaid by the employee for coverage during the six (6) month period.

 

9-3-210. Amount of state's contribution; estimates submitted to statebudget officer; specified employees participation in federal program;participating school district contribution.

 

(a) Except for participating school districts, the state shallcontribute monthly the amount established and appropriated by the legislaturefor each employee and official enrolled in the plan in accordance withsubsections (b) and (c) of this section.

 

(b) Any state agency, department or institution, including theUniversity of Wyoming and the community colleges in the state, shall paymonthly to the department the amount established and appropriated by thelegislature for each eligible employee or official electing to become coveredby any portion of the group insurance plan as the contribution of the state tothat plan during the period the employee or official is enrolled in the plan.Amounts appropriated by the legislature from the general fund for University ofWyoming and community college employer contributions under this section shallinclude amounts necessary to fully fund the employer's contribution for thoseeligible and enrolled employees whose compensation is partially or fully fundedfrom nonfederal sources, but the University of Wyoming shall exclude amountsnecessary to fully fund the employer's contribution for those eligible andenrolled employees whose compensation is partially or fully funded fromcontracts, grants and auxiliary services. If federal funds are not available,the amounts necessary to fully fund the employer's contribution for thoseeligible and enrolled employees shall be included in the general fundappropriation. If the monthly premium for coverage of the employee or officialis less than the amount established and appropriated by the legislature, thebalance may be applied to the premium for coverage of dependents, or to thepremium for any optional group insurance coverage made available by thedepartment, if so elected.

 

(c) Each state agency, department or institution, including theUniversity of Wyoming and the community colleges in the state shall estimatethe amount required for its participation in the group insurance plan for thenext biennium and shall submit the estimate to the state budget officer at thetime the state budget officer makes the request.

 

(d) Notwithstanding any other provision contained in W.S.9-3-201 or the State Employees' and Officials' Group Insurance Act, employeesof the agricultural extension service of the University of Wyoming who holdfederal civil service appointments and are required to participate in federalcivil service retirement may elect to participate in the federal employees'health insurance program. For eligible employees participating in the federalemployees' health insurance program the state shall contribute monthly anamount toward the federal employees health insurance program costs which is inexcess of the federal contribution thereto but which does not exceed the amountwhich would otherwise be paid under subsection (a) of this section if theemployee were enrolled in the state group insurance plan.

 

(e) A participating school district shall pay to the departmentthe monthly premium established by the department for coverage of each eligibleemployee or official of that district electing to become covered by any portionof the group insurance plan. Monthly premiums shall be at minimum no less thanrates assessed for coverage of other enrollees qualified under W.S.9-3-203(a)(iv), and shall be based upon information reported by theparticipating district to the department, to be in a form and manner prescribedby the department.

 

9-3-211. Deductions from salaries of monthly contributions byemployees and officials; establishment of procedure.

 

(a) The amount of monthly contribution to be made by eligibleemployees and officials enrolled in the group insurance plan for themselves andtheir dependents shall be deducted from the monthly salaries of the employeesand officials by the various agencies or participating school districts andremitted to the department. The procedure for deductions and remittances shallbe established by the department. If a flexible benefits plan is chosen, theemployees' and officials' contribution shall be applied to the chosen benefitsin an amount determined by the employee or official.

 

(b) The department shall establish procedures for deducting andremitting monthly contributions by eligible retirees enrolled in the groupinsurance plan which may include deductions from the retiree's state retirementbenefits or from the retiree's checking or savings account.

 

(c) Notwithstanding any other provision of the State Employees'and Officials' Group Insurance Act and for the contributions provided by W.S.9-2-1022(a)(xi)(F)(IV), the contributions required by subsection (a) of thissection may be paid by the Wyoming livestock board for state employee membersin order to be treated as employer contributions for the sole purpose ofdetermining tax treatment under the United States Internal Revenue Code,section 414(h). The amounts shall be stated in the employment contract.

 

9-3-212. Repealed by Laws 1987, ch. 194, 2.

 

9-3-213. Treasurer of monies; bond; deposit in an account of premiumcost payments, dividend payments and return of premiums; expenditures;investment of excess portions.

 

(a) The state treasurer shall be the treasurer of monies underthis act, and his general bond to the state of Wyoming shall cover allliabilities for his acts as treasurer. The department shall remit to thetreasurer for deposit into a separate account all payments received by thedepartment for the group insurance premium costs from employees and officials,and the state agencies, departments, institutions and participating schooldistricts. The department shall also remit to the treasurer for deposit intothe account any dividend payments and return of premium received by thedepartment from any carrier underwriting the group insurance plan. Allremittances shall be made as soon as possible after they are received.

 

(b) Expenditures shall be made from the account, uponcertification of the department to the office of the state auditor, only forthe following purposes:

 

(i) The payment of premiums to any carrier underwriting thegroup insurance or supplemental plan or plans; and

 

(ii) The state's cost of administering group insurance andsupplemental plans, subject to annual appropriation by the legislature based onthe submission by the department of a budget request containing detailedinformation on current and projected administrative costs.

 

(c) The department shall certify in writing to the statetreasurer for investment portions of the monies which in its judgment will notbe needed for the payment of premiums to the carriers underwriting the groupinsurance or supplemental plans.

 

9-3-214. Repealed by Laws 1987, ch. 194, 2.

 

9-3-215. Repealed by Laws 1987, ch. 194, 2.

 

9-3-216. Repealed by Laws 1987, ch. 194, 2.

 

9-3-217. Advisory panel; composition; compensation.

 

(a) The director of the department shall establish an advisorypanel consisting of active plan participants employed by the state,participating school districts, the University of Wyoming and Wyoming communitycolleges and of retired employees who are plan participants. The panel shallconsist of no more than ten (10) members if there are less than five (5)participating school districts or no more than twelve (12) members if there areat least five (5) participating school districts and, insofar as possible,shall proportionally represent the specified employee groups participating inthe group health insurance plan. The advisory panel shall be consultedregarding plan benefits and costs. The director of the department shall, uponreceiving notification from at least five (5) school districts electing groupinsurance plan participation under W.S. 9-3-201(e), appoint two (2) additionaladvisory panel members to increase the advisory panel to twelve (12) members asprovided in this section.

 

(b) State, participating school district, university andcommunity college employee members of the panel shall suffer no loss of wagesfor the time devoted to attending meetings of the panel called by thedepartment. All members shall be provided per diem and travel expensesincurred for attending such meetings at the rates provided under W.S. 9-3-102and 9-3-103.

 

9-3-218. Retiree membership in plan.

 

(a) A retiree is eligible for coverage under the groupinsurance plan at premium rates established by the department, provided:

 

(i) Application to continue coverage is made to the departmentwithin thirty-one (31) days after termination of the retiree's employment;

 

(ii) The retiree has had medical coverage in effect under thegroup insurance plan for at least one (1) year immediately prior to the date ofretirement and is eligible to receive a retirement benefit under the Wyomingretirement system; and either:

 

(A) Has attained the age of fifty (50) on the date ofretirement and has at least four (4) years of service credit under the Wyomingretirement system as an employee of one (1) of the employing entitiesparticipating in the plan; or

 

(B) Has at least twenty (20) years of service credit under theWyoming retirement system as an employee of one (1) of the employing entitiesparticipating in the plan.

 

(b) Within the application period provided under paragraph(a)(i) of this section, the retiree may elect to continue coverage of hiseligible dependents under the group insurance plan provided each such dependentwas covered under the group insurance plan for at least one (1) yearimmediately prior to the retiree's date of retirement. An election to adddependents may not be made after the initial application period unless theincrease in the number of dependents results from a subsequent marriage, birthor adoption in which case the dependents may be enrolled at a later date uponconditions the department may impose.

 

(c) The department shall establish procedures by which theeligible retiree shall make application within the thirty-one (31) day periodprovided under paragraph (a)(i) of this section.

 

ARTICLE 3 - SOCIAL SECURITY

 

9-3-301. Definitions.

 

(a) As used in this act:

 

(i) "Employee" includes administrative and electiveofficers of a state or political subdivision thereof;

 

(ii) "Employment" means any service performed by anyemployee in the employ of the state, or any political subdivision thereof, forthe employer except service which in the absence of an agreement entered intounder this act would constitute "employment", as defined in theSocial Security Act or service which under the Social Security Act may not beincluded in an agreement between the state and the federal securityadministrator entered into under this act;

 

(iii) "Federal Insurance Contributions Act" meanssubchapter (A) of chapter 9 of the federal Internal Revenue Code, as the codehas been and may from time to time be amended;

 

(iv) "Federal security administrator" includes anyindividual to whom the federal security administrator has delegated any of hisfunctions under the Social Security Act, with respect to coverage under suchact of employees of states and their political subdivisions;

 

(v) "Political subdivision" includes anyinstrumentality of the state, or one (1) or more of its political subdivisions,or of the state and one (1) or more of its political subdivisions, but only ifthe instrumentality is a juristic entity which is legally separate and distinctfrom the state or subdivision, and only if its employees are not, by virtue oftheir relation to the juristic entity, employees of the state or subdivision."Political subdivision" includes school districts, the WyomingEducation Association, the Wyoming High School Athletic Association, and anyother employer within the public school system of Wyoming;

 

(vi) "Social Security Act" means the act of congressapproved August 14, 1935, chapter 531, 49 Stat. 620, officially cited as the"Social Security Act," (including regulations and requirements issuedpursuant thereto), as the act has been and may from time to time be amended;

 

(vii) "State agency" means the office of the statetreasurer of the state of Wyoming;

 

(viii) "Wages" means all remuneration for employmentincluding the cash value of all remuneration paid in any medium other than cashand does not include that part of the remuneration which, even if it were for"employment" within the meaning of the Federal InsuranceContributions Act, would not constitute "wages" within the meaning ofthat act;

 

(ix) "This act" means W.S. 9-3-301 through 9-3-306.

 

9-3-302. Administration by secretary of Wyoming retirement system;payment of costs.

 

Alladministrative matters pertaining to this act shall be administered by thesecretary of the Wyoming retirement system. The cost of such services shall bepaid in the manner provided by law.

 

9-3-303. Agreements with federal security administrator to extendbenefits to employees; provisions.

 

(a) The state treasurer with the approval of the governor mayenter on behalf of the state into an agreement with the federal securityadministrator or his successor, consistent with the terms and provisions ofthis act for the purpose of extending the benefits of the federal old age andsurvivors' insurance system to employees of the state, or any politicalsubdivision thereof, with respect to services which constitute employment. Theagreement may contain provisions relating to coverage, benefits, contributions,effective date, modification and termination of the agreement, administration,and other appropriate provisions which the state treasurer and federal securityadministrator agree upon. Except as otherwise required by or under the SocialSecurity Act as to the services to be covered, the agreement shall provide ineffect that:

 

(i) Benefits will be provided for employees, and theirdependents and survivors, whose services are covered by the agreement on thesame basis as though the services constituted employment within the meaning ofTitle II of the Social Security Act;

 

(ii) The state will pay to the secretary of the treasury, attimes as prescribed under the Social Security Act, contributions with respectto wages equal to the sum of the taxes which would be imposed by sections 1400and 1410 of the Federal Insurance Contributions Act if the services covered bythe agreement constituted employment within the meaning of that act;

 

(iii) The agreement is effective with respect to services inemployment performed after a date specified therein, or in any modificationthereof;

 

(iv) All services which constitute employment and are performedin the employ of the state or any of its political subdivisions shall becovered by the agreement.

 

(b) Any instrumentality jointly created by this state and anyother state or states, upon the granting of like authority by the other stateor states, may:

 

(i) Enter into an agreement with the federal securityadministrator whereby the benefits of the federal old age and survivors'insurance system shall be extended to employees of the instrumentality;

 

(ii) Require its employees to pay (and for that purpose todeduct from their wages) contributions equal to the amounts which they would berequired to pay under W.S. 9-3-304(a) if they were covered by an agreement madepursuant to subsection (a) of this section; and

 

(iii) Make payments to the secretary of the treasury inaccordance with the agreement, including payments from its own funds, andotherwise to comply with the agreement.

 

(c) The agreement under subsection (b) of this section shall,to the extent practicable, be consistent with other provisions of this act.

 

9-3-304. Governmental employee's contributions; amount; collection bypayroll deduction; adjustments; payments from political subdivisions.

 

(a) Every employee of the state and political subdivisionthereof, whose services are covered by an agreement entered into under W.S.9-3-303, shall be required to pay, for the period of coverage, into the accountestablished by W.S. 9-3-305, contributions, with respect to wages equal to theamount of tax which would be imposed by section 1400 of the Federal InsuranceContributions Act if the services constituted employment within the meaning ofthat act. The liabilities shall arise in consideration of the employee'sretention in the service of the state or political subdivision thereof, or hisentry upon such service after the enactment of this act.

 

(b) The contribution imposed by this section shall be collectedthrough the office of the state treasurer by deducting the amount of thecontribution from wages as and when paid. The deductions shall be made by thefinance officer of the state, or political subdivision thereof, but failure tomake the deduction shall not relieve the employee or the political subdivisionas the employer of liability for the contribution.

 

(c) If more or less than the correct amount of the contributionimposed by this section is paid or deducted with respect to any remuneration,proper adjustments, or refund if adjustment is impracticable, shall be made,without interest, in the manner and at the times as prescribed by the secretaryof the treasury and state treasurer.

 

(d) Each political subdivision shall pay contributions into theaccount with respect to wages at the times the state agency by regulationprescribes, in the amounts and at the rates specified in the applicableagreement entered into by the state agency under W.S. 9-3-303.

 

(e) Payments due from political subdivisions under subsections(b) and (d) of this section, which are delinquent may be recovered by the statewith interest at the rate of six percent (6%) per annum in an action broughtfor that purpose in a court of competent jurisdiction against the politicalsubdivision liable therefor.

 

9-3-305. Account; establishment; contents; account to be heldseparate; withdrawals; treasurer and custodian of account; appropriations toaccount.

 

(a) A separate account is established which shall consist ofand there shall be deposited in the account:

 

(i) All contributions, interest and penalties collected underW.S. 9-3-304;

 

(ii) All monies appropriated thereto under this act;

 

(iii) Any property or securities and earnings thereof acquiredthrough the use of monies belonging to the account;

 

(iv) Interest earned upon any monies in the account; and

 

(v) All sums recovered upon the bond of the custodian orotherwise for losses sustained by the account, and, all other monies receivedfor the account from any other source. All monies in the account shall bemingled and undivided. Subject to the provisions of this act, the statetreasurer is vested with full power, authority and jurisdiction over theaccount, including

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