Law enforcement retirement-scope of duties.

WORKING DRAFT

ORIGINAL SENATE

FILE

NO.
0097

ENROLLED ACT NO. 19, SENATE

FIFTY-NINTH LEGISLATURE OF THE STATE OF WYOMING
2007 GENERAL SESSION

AN ACT relating to administration of the government; providing for law enforcement retirement benefits as specified; providing definitions; 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
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402(a) by creating a new paragraph (xxvi), 9
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3
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432(h), 9
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3
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602(a) by creating a new paragraph (xviii) and 9
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3
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611(d) are amended to read:

9
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3
‑
402.

Definitions.

(a)

As used in this article:

(xxvi)

"Duty connected" means an illness, injury or disability from an injury or disease which results primarily from a specific act or occurrence determinable by a definite time and place, from a physical or mental trauma which arises from the nature and in the course of a person's law enforcement employment.

9
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3
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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
a duty connected
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
a nonduty connected
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
a nonduty connected
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
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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
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423 and rule and regulation of the board. Upon retirement for a disability as determined and for which a member qualifies under this section, a law enforcement officer shall for the life of the officer or until the officer is no longer disabled, receive:

(i)

For a partial or total
duty connected
disability incurred
,

in the scope of employment,
a monthly retirement benefit for the period of qualified disability equal to sixty-two and one-half percent (62.5%) of his salary at the time the disability was incurred;

(ii)

For a partial or total
nonduty connected
disability incurred
,

outside of the scope of employment,
a monthly retirement benefit for the period of qualified disability equal to fifty percent (50%) of his salary at the time the disability was incurred.

9
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3
‑
602.

Definitions.

(a)

As used in this article:

(xviii)

"Duty connected disability" means a disability from an illness, injury or disease which results primarily from a specific act or occurrence determinable by a definite time and place, from a physical or mental trauma which arises from the nature and in the course of a person's law enforcement employment.

9
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3
‑
611.

Eligibility and amount of disability allowance.

(d)

Disability allowances shall be fifty percent (50%) of highest average salary for
ordinary
nonduty

connected
total or partial disability. Disability allowances shall be sixty-two and one-half percent (62.5%) of highest average salary for duty-connected total or partial disability.

Section 2.

This act is effective July 1, 2007.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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