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HB0046 • 2014

Public employee pension plans-contributions.

AN ACT relating to public employees; increasing employee contribution and employer contribution in certain plans under the Wyoming Retirement Act and under The Wyoming State Highway Patrol, Game and Fish Warden and Criminal Investigator Retirement Act; increasing employee contribution under the Firemen's Pension Account Reform Act of 1981; providing appropriations; and providing for effective dates.

Budget Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Appropriations
Last action
2014-03-06
Official status
enrolled
Effective date
3/4/2014

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HB0046SS001

Standing Committee • BEBOUT

Adopted

Plain English: Adopted Standing Committee by BEBOUT

  • This amendment summary is using official source text because generated interpretation was skipped for this run.
  • The official amendment text was available, but an easy plain-English summary could not be produced automatically during the last sync.

Bill History

  1. 2014-03-06 LSO

    Assigned Chapter Number

  2. 2014-03-04 Governor

    Governor Signed HEA0011

  3. 2014-02-28 Senate

    S President Signed HEA No. 0011

  4. 2014-02-28 House

    H Speaker Signed HEA No. 0011

  5. 2014-02-27 LSO

    Assigned Number HEA0011

  6. 2014-02-27 House

    H Did Concur

  7. 2014-02-27 House

    H Received for Concurrence

  8. 2014-02-27 Senate

    S Passed 3rd Reading

  9. 2014-02-26 Senate

    S Passed 2nd Reading

  10. 2014-02-25 Senate

    S Passed CoW

  11. 2014-02-25 Senate

    S Amendments Adopted

  12. 2014-02-25 Senate

    Amendment Adopted

  13. 2014-02-24 Senate

    S Placed on General File

  14. 2014-02-24 Senate

    S02 Recommended Amend and Do Pass

  15. 2014-02-19 Senate

    S Introduced and Referred to S02

  16. 2014-02-17 Senate

    S Received for Introduction

  17. 2014-02-17 House

    H Passed 3rd Reading

  18. 2014-02-14 House

    H Passed 2nd Reading

  19. 2014-02-13 House

    H Passed CoW

  20. 2014-02-12 House

    H Placed on General File

  21. 2014-02-12 House

    H02 Recommended Do Pass

  22. 2014-02-11 House

    H Introduced and Referred to H02

  23. 2014-02-10 House

    H Received for Introduction

  24. 2014-01-13 LSO

    Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0046
Drafter:

DKG

LSO No.:
14LSO-0072
Effective Date:

7/1/2014

Enrolled Act No.:
HEA0011

Chapter No.:
CH0019

Prime Sponsor:
Joint Appropriations Interim Committee

Catch Title:
Public employee pension plans-contributions.

Subject:

During the 2013 Session, the Legislature passed HB 250 (2013
Wyoming Session Laws Chapter 203) which increased the employee and employer
contribution rates in three public employee retirement plans as follows:

o

For the plan which includes state and local employees, school employees
and numerous other groups (often referred to as the big plan):

An increased employee contribution of 1/2% of salary was imposed
commencing September 1, 2013. For three years, for state employees, the state
will pay half of this increase. Thereafter, the employee will pay the full
increase, assuming no further legislative action.

An increase in employer contribution of 1/2% percent of salary was
imposed commencing September 1, 2014.

o

For the Wyoming state highway patrol, game and fish warden
and criminal investigator retirement plan:

An increased employee contribution of nine-tenths
percent of salary was imposed commencing September 1, 2013. For three years,
for state employees, the state will pay half of this increase (state employers
under this plan can pay more of the employee contribution).

An increase in employer contribution of nine-tenths
percent of salary is imposed commencing September 1, 2014.

o

For the fireman B plan an employee contribution increase of .225% was
imposed commencing September 1, 2014. (The employer contribution for this plan
is calculated based upon the liabilities of the plan and thus a corresponding
employer increase was not specified in the Act.)

This Act
increases the
employee and employer contribution rates in three public employee retirement
plans in addition to the increases in 2013 HB 250.

For the plan which includes state and local employees,
school employees and numerous other groups (often referred to as the big
plan):

o

An increased contribution of 3/4% salary is imposed commencing July 1,
2014. For three years until June 30, 2017, for state employees, the state will
pay half of this increase. Thereafter, the employee will pay the full increase,
assuming no further legislative action.

o

An increase in employer contribution of 3/4% of salary is imposed
commencing July 1, 2014.

For the Wyoming state highway patrol, game and fish
warden and criminal investigator retirement plan:

o

An increased employee contribution of 1.02% of salary is imposed
commencing July 1, 2014. For two years, from July 1, 2014 through June 30, 2016,
for state employees, the state will pay two-thirds of this increase. For one
year, from July 1, 2016 through June 30, 2017
,
for state employees, the state will pay one-third of this increase.

o

An increase in employer contribution of 1.02% percent of salary is
imposed commencing July 1, 2015.

For the fireman B plan an employee contribution
increase of .52% is imposed commencing July 1, 2014. (The employer
contribution for this plan is calculated based upon the liabilities of the plan
and thus a corresponding employer increase was not specified in the Act.)

Provides various appropriations for the employer-paid
share of the employee contribution increases.

Comments:

Contains
delayed effective dates:
The employee contribution increases are effective July
1, 2014. The employer increases are effective July 1, 2015.

Current Bill Text

Read the full stored bill text
WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0046

ENROLLED ACT NO. 11, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to public employees; increasing employee contribution and employer contribution in certain plans under the Wyoming Retirement Act and under The Wyoming State Highway Patrol, Game and Fish Warden and Criminal Investigator Retirement Act; increasing employee contribution under the Firemen's Pension Account Reform Act of 1981; providing appropriations; and providing for effective date
s
.

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

Section 1.
9
‑
3
‑
412(a), (c)(iii) and (iv), 9
‑
3
‑
413, 9
‑
3
‑
604(a)
and (c)(ii)
, 9
‑
3
‑
605 and 15
‑
5
‑
420(a) are amended to read:

9
‑
3
‑
412.

Members' contributions; payroll deductions; employer authorized to pay employee's share.

(a)

Except as otherwise provided in this section and W.S. 9
‑
3
‑
431 and 9
‑
3
‑
432, every member covered under this article, shall pay into the account
seven percent (7%) of his salary until August 31, 2013, and thereafter

seven and one-half percent (7.5%) of his salary
for the period
from September 1, 2013 through
June 30, 201
4
,
and thereafter eight
and one-quarter
percent (8
.25
%) of his salary
. Every firefighter member covered under this article shall pay into the account seven percent (7%) of his salary. Payments shall be deducted each pay period from each member's salary by the chief fiscal officer of each participating employer. Employee contributions shall be transferred to the account in accordance with subsection (c) of this section.

(c)

The contributions under subsection (b) of this section shall be paid from the source of funds which is
used in paying salary to the member. The employer may pay these contributions by a reduction in cash salary of the member or by an offset against a future salary increase, or by a combination of a reduction in salary and an offset against a future salary increase, provided:

(iii)

For state employee members five and fifty-seven hundredths percent (5.57%), except that for the period

from September 1, 2013 through
August 31, 2016

June 30,
201
4

five and eighty-two hundredths percent (5.82%)
,

f
or the period from
July
1, 201
4
through
June 30
, 201
6
six and
one hundred ninety-five thousandths percent (6.195%), and for the period from July 1, 2016 through June 30, 2017 five and nine hundred forty-five
thousandths
percent (5.945%)
,
of the member's salary shall be paid by the employer without any salary reduction or offset. The remaining portion of the state employee's contribution shall be paid through a reduction in cash salary of the state employee unless specified otherwise by legislative act; and

(iv)

For full-time brand inspection contract employees authorized to participate in the state retirement system under W.S. 9
‑
2
‑
1022(a)(xi)(F)(IV), not more than five and fifty-seven hundredths percent (5.57%), except that for the
period
from September 1, 2013 through
August 31, 2016

June 30, 201
4
five and eighty-two hundredths percent (5.82%)
,
for the period from July 1, 2014 through June 30, 2016 six and one hundred ninety-five thousandths percent (6.195%), and for the period from July 1, 2016 through June 30, 2017 five and nine hundred forty-five thousandths percent (5.945%)
,
of the contract employee's salary shall be paid by the livestock board unless specified otherwise by legislative act.

9
‑
3
‑
413.

Employer's contributions; payable monthly; transfer to account; interest imposed upon delinquent contributions; recovery.

Except as provided by W.S. 9
‑
2
‑
1022(a)(xi)(F)(III) or (IV), 9
‑
3
‑
431 and 9
‑
3
‑
432, each employer including employers of firefighter members, shall on a monthly basis, pay into the account a contribution equal to seven and twelve hundredths percent (7.12%) until
August 31,
June 30,
2014
, of the salary paid to each of its members covered under this article.
Thereafter
For the period from
July
1, 2014 th
r
ough
June 30,
201
5
,
each employer, excluding employers of firefighter members, shall on a monthly basis, pay into the account a contribution equal to seven and sixty-two hundredths percent (7.62%) of the salary paid

and thereafter eight and thirty-seven hundredths percent (8.37%) of the salary paid
. After
August 31,
June 30,
2014
employers of firefighter members shall pay into the account a contribution equal to seven and twelve hundredths percent (7.12%) of the salary paid. Employer contributions for any month, together with the members' contributions for that month, if any, shall be transferred to the board not later than the twelfth day of the following month. These contributions shall be credited to the account in a manner as directed by the board. Any employer failing to transfer contributions under this section in sufficient time for the board to receive the contributions by the twenty-fifth day of the month due shall be assessed interest at the rate of eight percent (8%) per annum. Interest imposed under this section shall be payable not later than the twelfth day of the next succeeding month. If the contributions and any interest imposed under this section are not transferred to the board when due, they may be recovered, together with court costs, in an action brought for that purpose in the first judicial district court in Laramie County, Wyoming.

9
‑
3
‑
604.

Employee contributions.

(a)

Except as otherwise provided in this section, every employee covered by this article shall pay into the fund
twelve and sixty-four hundredths percent (12.64%) of his salary until August 31, 2013, and thereafter

thirteen and fifty-four hundredths percent (13.54%) of his salary
from September 1, 2013 through June 30, 201
4
, and thereafter
fourteen
and f
ifty-six
hundred
th
s
percent (1
4
.
56
%) of his salary
.
For the period from September 1, 2013 through
August 31, 2016

June 30, 201
4
forty-five hundredths percent (.45%)
,
for the period from
July 1, 201
4
through
June 30, 2016
ninety-six
hundredths percent (.
9
6
%) and for the period from July 1, 2016 through June 30, 201
7
,
fifty-one
hundredths percent (.
51
%)
s
alary contribution required by this subsection shall be paid by the employer on behalf of the member. To the extent the remaining amount is not paid by an employer on behalf of the member, this payment shall be deducted each pay period from employees' salaries by the respective chief fiscal officers of the employers.

(c)

The contributions under subsection (b) of this section shall be paid from the source of funds which is used in paying salary to the employee. The employer may pay these contributions by a reduction in cash salary of the employee or by an offset against a future salary increase, or by a combination of a reduction in salary and an offset against a future salary increase, provided:

(ii)

Except as otherwise provided in this paragraph, any employer may pay any amount of an employee's share of retirement contributions without a salary reduction or offset, or combination thereof.
On and after

For the period from

July 1, 2012

through June 30, 2014
, at least one and sixty-two hundredths percent (1.62%)
, for the period from July 1, 2014 through June 30, 2016 at least one and ninety-six hundredths percent (1.96%), for the period from July 1, 2016 through June 30, 2017 at least two and thirty hundredths percent (2.30%) and thereafter at least two and sixty-four hundredths (2.64%)
of the employee's share of retirement contributions shall be paid through a reduction in cash salary of the employee unless specified otherwise by legislative act.

9
‑
3
‑
605.

Employer contributions.

Each employer subject to this article shall pay into the fund a contribution equal to twelve and ninety-six hundredths percent (12.96%) until
August 31, 2014,
and
thereafter

June 30, 2014,
and
for the period from
July 1
, 2014 through
June 30
, 201
5
,

thirteen and eighty-six hundredths percent (13.86%)

and thereafter
fourteen and
eighty-eight
hundredths percent (14.
88
%)
of all salaries paid to its employees. These contributions, together with the employees' contributions, shall be transferred and credited to the retirement program in a manner the board directs.

15
‑
5
‑
420.

Member contributions.

(a)

Each employer shall deduct monthly from the compensation of each member participating in the account a sum equal to
eight and five-tenths percent (8.5%)

eight and seven hundred twenty-five thousandths percent (8.725%)
of the member's compensation
until
August 31, 2013, and thereafter eight and seven hundred twenty-five thousandths percent (8.725%)

June 30
, 201
4
,
and thereafter nine and
two hundred forty-five thousandths
percent (9.
245
%)
of his compensation, and that amount shall be paid by the employer to the account.

Section 2.

(a)

There is appropriated to the state auditor from the general fund the following amounts:

(i)

Up to
three
million
seven
hundred
fifty
thousand
dol
lars ($
3
,
750
,
000
.00)
for state executive, legislative and judicial branch employee contributions;

(ii)

Up to
seven
hundred
eighty
thousand dollars (
$7
80
,
000
.00)
for community college employee

contributions; and

(iii)

Up to
two million
dollars
($
2,0
00
,
000
.
00) for University of Wyoming employee contributions.

(b)

There is appropriated to the state auditor up to
fourteen million
six
hundred thousand dollars ($14,
600
,
000
.00)
from the school foundation program account.

(c)

For state agency employees whose retirement

contributions are made from nongeneral fund sources there is

appropriated from those accounts and funds amounts necessary

to provide payment of the increase in employee
and employer
contribution

rate
s
required by W.S. 9
‑
3
‑
412
(a) and
(
c
)
, 9
‑
3
‑
413,
9
‑
3
‑
604
(a) and
(
c
)
and 9
‑
3
‑
605
as amended

by this act, until June 30, 201
6
.

(d)

The appropriations under paragraph (a)(i) and

subsection (c) of this section shall only be expended to

provide payment of the increase in each state agency's

employee
and employer
contribution rate
s
required by W.S. 9
‑
3
‑
412(a)
and (c)
, 9
‑
3
‑
413,

9
‑
3
‑
604(a)
and (c)
and 9
‑
3
‑
605
as amended by this act, until June 30, 201
6
.

The

appropriation under paragraphs (a)(ii) and (iii) of this

section shall only be expended to provide payment of the

increase in the University of Wyoming and community college

employee
and employer
contribution rate
s
required by W.S. 9
‑
3
‑
412(a)
and (c)
and 9
‑
3
‑
413
and
to provide like contributions under W.S. 21
‑
19
‑
101 through

21
‑
19
‑
106 corresponding to the increased employee

and employer
contribution
s
under this act, until June 30, 201
6
.

(e)

The appropriation under subsection (b) of this

section shall only be expended to provide payment of the

increase in each school district's employee
and employer
contribution

rate
s
required by W.S. 9
‑
3
‑
412(a)
and (c)
and 9
‑
3
‑
413
as amended by this act,

until June 30, 201
6
. Any amounts paid under this

subsection shall not be reimbursable under W.S. 21
‑
13
‑
320

and 21
‑
13
‑
321. The auditor shall transfer the funds to the

state retirement system or to the department of education

for distribution to individual school districts as

determined by the department of administration and

information to be necessary to meet the provisions of this

act. Any unexpended school foundation program account

appropriation remaining on June 30, 201
6
shall revert to

the school foundation program account.

(f)

Notwithstanding any other provision of law, the

appropriations under this section shall not be transferred

or expended for any purpose other than as specified in this

section. Any unexpended, unobligated funds remaining from

the appropriations under this section shall revert as

provided by law on June 30, 201
6
.

(g)

As used in this section "state agency" includes

each state executive, legislative or judicial department,

board, commission or other agency or instrumentality of the

state, and for purposes of subsection (c) of this section

includes the University of Wyoming and each community

college.

(h)

The auditor shall transfer the funds to the state

retirement system or to individual state agencies as

determined by the department of administration and

information to be necessary to meet the provisions of this

act
.

Section 3
.

(
a
)

Except as provided in subsection (b) of this section
this act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(b)

Section 2 of this act is effective
July 1, 2014.

(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

1