2023 Wyoming Statutes › Title 15 - Cities and Towns › Chapter 5 - Fire and Police Departments › Article 2 - Firemen Pensions and Death Benefits › Section 15-5-203 - Firemen and Employer Contributions; Imposition at Discretion of Board; Amounts; How and When Collected, Suspended and Reinstated.

15-5-203. Firemen and employer contributions; imposition at discretion of board; amounts; how and when collected, suspended and reinstated.
(a) In addition to the amount appropriated to the firemen's pension account by W.S. 15-5-202, every paid fireman may, at the discretion of the board, be assessed not more than eight percent (8%) of his gross monthly salary for the use and benefit of the account, up to the maximum monthly salary of a fireman first class. Any salary assessment imposed under this subsection shall be withheld monthly from his salary by the treasurer or other disbursing officer of the city, town or county.
(b) Repealed by Laws 1981, ch. 41, 3.
(c) Repealed by Laws 1981, ch. 41, 3.
(d) Upon a determination by the board in accordance with subsection (g) of this section, every employer shall pay into the account for each paid fireman it employs an amount not to exceed twenty-one percent (21%) of the salary of a fireman first class. Any contributions imposed under this subsection, together with the paid firemen's contributions, shall be transferred and credited to the account in a manner as the board directs. If the contributions are not transferred to the board when due, they may be recovered, together with interest at the rate of ten percent (10%) per annum in an action brought for that purpose in the district court for the county in which the employer has its principal office.
(e) The contributions required by subsection (a) of this section shall be paid by the employer for paid firemen covered under this article in order to be treated as employer contributions for the sole purpose of determining tax treatment under the United States internal revenue code.
(f) The contributions under subsection (e) of this section shall be paid from the source of funds which is used in paying salary to paid firemen covered under this article. The employer may pay these contributions by a reduction in cash salary of the paid firemen 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:
(i) No such salary reduction or offset, or combination thereof, shall exceed the percentage amount actually being deducted from an employee's salary for contributions to the firemen's pension account as of July 1, 1983; and
(ii) Any employer may pay any amount of an employee's share of retirement contributions without a salary reduction or offset, or combination thereof.
(g) Based upon findings and recommendations of the Wyoming retirement system actuary, the board shall determine if contributions under subsections (a) and (d) of this section are necessary for the continued payment of benefits under this article. Any contributions imposed by the board upon paid firemen and employers shall bear the ratio provided for the maximum contribution rates authorized under subsections (a) and (d) of this section. If contributions are reinstated at any time following suspension of contributions, the board shall provide notice of reinstated contributions to firemen and employers not less than six (6) months prior to the date of imposition.
(h) In addition to any other contribution required or authorized by this section, on April 1, 2022 the board shall assess employers for contributions in a total amount of twenty million dollars ($20,000,000.00) in order to achieve a proper actuarial funding level for the firemen's pension account in accordance with the legislative findings under W.S 15-5-211. The total assessment under this subsection shall be paid proportionately by employers with payments allocated to each employer by the board based upon the number of retirees, surviving spouses or other dependents receiving benefits under this article from the firemen's pension account as of April 1, 2022. The state treasurer shall provide a loan to each employer for the payment required under this subsection which amounts shall be credited to the Fire A legislative reserve account. Loans under this subsection shall be repaid without interest over a period of twenty (20) years in equal payments in the time and manner required by the state treasurer and shall be deposited in the legislative stabilization reserve account. If repayment is not paid to the state treasurer when due, the state treasurer shall make the delinquent payment as provided in W.S. 39-14-801(j) and 9-4-601(a)(xii). Any delinquency not satisfied by those withholdings may be recovered in an action authorized under subsection (d) of this section, together with interest on the amount recovered as provided therein.