Title 15 Cities and Towns

15-5-402. Definitions.

(a) As used in this article: (i) "Account" means the firemen's pension account established by W.S. 15-5-202; (ii) "Board" means the retirement board established by W.S. 9-3-404 and includes all the powers and duties enumerated in W.S. 9-3-401 through 9-3-429; (iii) "Compensation" means all salary or wages payable to a member for service including contributions required by W.S. 15-5-420. For purposes of computing benefits under this article, compensation shall include only compensation on which contributions have been paid pursuant to W.S. 15-5-420 and 15-5-421; (iv) "Credited service" means for any member, service as an employee; (v) "Dependent" means a dependent child or dependent parent; (vi) "Dependent child" means a person who is unmarried and either: (A) Has not attained age eighteen (18); or (B) Has attained age eighteen (18) but not age twenty-three (23) and is attending school on a full-time basis; or (C) Has attained age eighteen (18) and is permanently disabled as the result of a disability which began before he attained age eighteen (18). (vii) "Disability" means a medically determined physical or mental impairment which renders the member unable to function as a paid firefighter and which is reasonably expected to last at least twelve (12) months; (viii) "Employee" means any individual regularly employed and paid by any city, town, county or fire protection district for devoting his entire time of employment to the care, operation and requirements of a regularly constituted fire department; (ix) "Employer" means any incorporated municipality, county or fire protection district offering fire protection or public safety services employing one (1) or more members; (x) "Final average compensation" means one thirty-sixth (1/36) of the compensation paid to an employee during any period of thirty-six (36) consecutive months in his years of credited service in which his compensation was highest; (xi) "Inactive member" means a member who: (A) Has terminated service; (B) Is not eligible to begin receiving a service or disability pension; and (C) Has neither applied for nor received a refund of his contributions. (xii) "Member" means an employee whose compensation is not subject to the federal old-age, survivors and disability insurance tax and who either is first hired on or after July 1, 1981 or who elects coverage under the provisions of W.S. 15-5-418; (xiii) "Pension system" means the retirement and disability plans for employees covered under the provisions of this article or W.S. 15-5-201 through 15-5-209; (xiv) "Primary survivor" means any person in the following order of priority, unless the priority is changed by the member on a form prescribed by the board and filed with the board at the time of the member's death: (A) The surviving spouse; or (B) If there is no eligible surviving spouse, a dependent child, or with the survivor's pension divided among them in equal shares, all such children, including any resulting from a pregnancy prior to the member's death. (xv) "Retired member" means any member who has terminated service, other than an inactive member, who is eligible to receive a service or disability pension under this article; (xvi) "Accumulated contributions" means: (A) For a member who has a vested right to a service pension or a member initially employed before July 1, 2018, the member's contributions paid from any source; (B) For a member who is neither eligible for a service nor disability pension nor has a vested right to a service pension and who is initially employed on or after July 1, 2018, only the member's contributions paid by a reduction in cash salary of the member.