Law enforcement retirees-excess earnings.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0310

ENROLLED ACT NO. 89, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to law enforcement retirement; amending reporting requirements for law enforcement retirees who receive a disability allowance as specified; eliminating the requirement for members who receive duty-connected disability allowances to report annually to the retirement board and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 9
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3
‑
423(d), 9
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3
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432(h)(intro) and 9
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3
‑
612(b) are amended to read:

9
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3
‑
423.

Disability; medical and other examinations, tests and evaluations subsequent to retirement; failure to submit to examinations, tests and evaluations; restoration to service; deduction from benefit for excess earnings.

(d)

Any member receiving a
nonduty-connected
total or partial disability benefit who has not reached age sixty (60) shall annually report to the board in a form prescribed by the board, his total earnings for the preceding calendar year from any gainful employment for wages and any worker's compensation benefits. Fifty percent (50%) of the excess of any earnings or benefits over the base pay for the position held at the time of disability shall be deducted, in a manner the board determines, from his disability benefit beginning ninety (90) days following the day the report is due. If any member received a disability benefit for less than twelve (12) months in a calendar year for which earnings were reported, the deduction, if any, shall be determined on a pro rata basis.

9
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3
‑
432.

Law enforcement officers; contributions; benefit eligibility; service and disability benefits; death benefits; benefit options.

(h)

Notwithstanding W.S. 9
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3
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422, any law enforcement officer in service for which contributions have been paid because of illness or injury in the scope of employment, or except as otherwise provided under this subsection, any law enforcement officer with ten (10) years of service credit under this article because of illness or injury outside of the scope of employment, may retire on account of a total or partial disability in accordance with rules and regulations adopted by the board. Any law enforcement officer previously covered under W.S. 15
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5
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301 through 15
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5
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314 and transferred under this article may because of illness or injury outside the scope of employment and regardless of the number of years of service credit under this article, retire on account of total or partial disability. The board shall determine mental or physical incapacitation for disability retirement under this section in accordance with W.S. 9
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3
‑
422(a) and rules and regulation of the board, and the cost of any required examination or test shall be paid as provided by W.S. 9
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3
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422 and rule and regulation of the board. Any law enforcement officer receiving a
nonduty-connected
disability benefit under this section is subject to reporting, evaluation and excess earnings deduction requirements imposed under W.S. 9
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3
‑
423 and rule and regulation of the board. Upon retirement for a disability as determined and for which a member qualifies under this section, a law enforcement officer shall for the life of the officer or until the officer is no longer disabled, receive:

9
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3
‑
612.

Payment of disability allowance.

(b)

Any employee receiving a
nonduty-connected
disability allowance who has not reached age fifty (50) shall report to the board annually, in a form the board prescribes, his total earnings for the preceding calendar year from any gainful employment for wages and any worker's compensation benefits. One-half (1/2) of the excess of such earnings or benefits, or both, over the base pay of the rank held at the time of disability shall be deducted, in a manner the board determines, from that employee's disability allowance beginning ninety (90) days following the day the report is due. If any member received a disability allowance for less than twelve (12) months in the calendar year for which earnings are reported, the deduction, if any, shall be determined on a pro rata basis.

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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