Wyo. Stat. 9-3-402(a)(vii)(C) provides that "an employee whose term of employment is on a temporary basis for less than six (6) months" is not considered a "member" and WRS does not expect contributions on behalf of such employees.
WRS interprets the statute to require contributions for employees whose term of employment is longer than six (6) months, even if the employee is considered a "temporary employee" by the employer. In instances where an employer had not been paying contributions for an employee because their term of employment was less than six (6) months, but then the term of employment was extended beyond the six (6) months, WRS will bill for contributions and interest back to the date of hire.
In the event that a temporary employee accepts a new and distinct "permanent" position, WRS will bill for contributions beginning with the date of hire for the permanent position.The purpose of the statute is to clarify which employees are to be covered under the System. All full-time and regular part-time employees are to be covered. The above-referenced statute creates an exception for temporary employees whose term of employment is less than six (6) months.
WRS' policy is designed to prevent an employer from not paying contributions on behalf of an employee that should, by statute, be covered under the System. A temporary employee whose term of employment lasts longer than six (6) months does not meet the statutory exception and the employer should pay contributions for that employee back to the date of hire.
Seasonal Employees
An employee who is guaranteed a seasonal position each year without having to go through the reapplication process is not considered a temporary employee, even if the term of the seasonal employment is less than six (6) months.
If the seasonal hours worked are equivalent to a full-time or regular part-time position (if the city, town,or county contributes on regular part-time employees), contributions must be paid to the Wyoming Retirement System.
Before an employee can take a lump sum payment or a monthly retirement benefit, he or she must terminate employment with all agencies participating in the Wyoming Retirement System, even if the position is seasonal.
