Public employees-requirements upon rehiring-2.

WORKING DRAFT
2013
STATE OF
WYOMING
13LSO-0203

SENATE FILE
NO.

SF0125

Public employees-
requirements upon
rehiring
-2
.

Sponsored by:
Senate Appropriations Committee

A BILL

for

AN ACT relating to public employees; modifying requirements for rehiring members of the Wyoming retirement system; requiring reinstatement as contributing members as specified; making conforming amendments; correcting cross references; specifying applicability; and providing for an effective date.

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

Section 1.

W.S. 9
‑
3
‑
415(
a)(intro), (b), (g)(intro), (h), by creating a new subsection (j),
by amending and
renumbering (j) and (k) as (k) and (m) and by creating a new subsection (n) is amended to read:

9
‑
3
‑
415.

When retirement permitted; service credit.

(a)

Except as provided
in this section or

under W.S
. 9
‑
3
‑
431 and 9
‑
3
‑
432, normal retirement benefits under the system are payable to a member who:

(b)

Except as provided
in this section or
under W.S.
9
‑
3
‑
431 and
9
‑
3
‑
432
,

or subsection (k) of this section,
early retirement benefits are payable to a member who has at least four (4) years of service and is at least fifty (50) but not yet sixty (60) years of age or has at least twenty-five (25) years of service and is not yet fifty (50) years of age. The early retirement benefit amount is equal to the normal retirement benefit amount otherwise payable reduced on an actuarial equivalent basis under rules established by the board.

(g)

Subject to
subsection

subsections
(h)
and (j)
of this section and in accordance with rule and regulation of the board protecting the actuarial integrity of the system and its status as a federally qualified plan, any retired member rehired after a break in service of not less than
thirty (30) days
one (1) year
by a participating employer to fill
,

a vacant full-time

in any capacity, any
position

of a regular contributing employee, in any capacity includ
ing, but not limited to, as a contract employee or as
an employee of a third party contractor under an agreement with a participating employer,
for which contributions to the retirement system would normally be required
shall notify the board in writing of his election to:

(h)

If
prior to July 1, 2013
a retired member is rehired by a participating employer to fill a vacant full-time position of a regular contributing employee in any capacity
,

including, but not limited to, as a contract employee or as an employee of a third party contractor under an agreement with a participating employer,
and the retiree is rehired following a break in service of not less than thirty (30) days,
the employer shall pay into the account an amount equal to both the members' and employer's contributions required by law under the Wyoming retirement system based upon the retiree's salary. Service by the retiree under this subsection shall not increase retirement benefits under the Wyoming retirement system.

(j)

If on or after July 1, 2013 a retired member is rehired
following a break in service of not less than one (1) year
by a participating employer to fill, in any capacity, any position for which contributions to the retirement system would normally be required,
and the
member does not elect to discontinue receiving retirement benefits and be reinstated as a contributing member,
the employer shall pay into the account an amount equal to both the members' and employer's contributions required by law under the Wyoming retirement system based upon the retiree's salary. Service by the retiree under this subsection shall not increase retirement benefits under the Wyoming retirement system.

(j)
(k)

If
any retired member or employer violates subsection (h) of this section,
T
he board shall immediately cancel the retiree's retirement benefit and shall reinstate that member as a contributing member
:
.

(
i
)

If any retired member or employer violates subsection (h) or (j) of this section;

(ii)

If prior to July 1, 2013 any retired member is rehired by a participating employer to fill a vacant full-time position of a regular contributing employee in any capacity following a break in service of less than thirty (30) days; or

(iii)

If on or after July 1, 2013, any retired member is rehired by a participating employer following a break in service of less than one (1) year, to fill, in any capacity, any position for which contributions to the retirement system would normally be required.

(k)
(m)

Except as provided in this section, f
or a general member initially employed after August 31, 2012, early retirement benefits are payable to a general member who has at least four (4) years of service and is at least fifty-five (55) but not yet sixty-five (65) years of age or has at least twenty-five (25) years of service and is not yet fifty-five (55) years of age. The early retirement benefit amount is equal to the normal retirement benefit amount otherwise payable reduced on an actuarial equivalent basis under rules established by the board.

(
n
)

As used in this section
, notwithstanding any other provision of this article:

(
i
)

"
I
n any capacity" includes
,
but
is
not limited to, a contract employee or an employee of a third party contractor under an agreement with a participating employer
;

(ii)

"
A
ny position for which contributions to the retirement system would normally be required" shall not include temporary or part
-time employment unless the position is a temporary or part-time position for which contributions to the retirement system are required by this act or rules adopted pursuant to this act.

Section 2.

Th
e provisions of this act
shall not be applicable to persons retiring
in accordance with W.S. 9
‑
3
‑
401 through 9
‑
3
‑
432
prior to the effective date

of this act
and rehired
following a break in service of
at least
thirty (30) days
and less than one (1) year.
The provisions of law existing prior to amendment by this act shall continue to apply to such persons.

Section
3
.

This act is effective July 1, 2013.

(END)

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SF0125