Wyo. Stat. 9-3-402 (a)(vii) of the Wyoming Retirement Act defines the term "Member" as: "any full-time or regular part-time employee of an employer." The Act further provides a listing of the types of employment that do not fall under the definition of the term "Member," including independent contractors, per diem employees, temporary employees whose term of employment is less than 6 months, students employed by the University of Wyoming, community colleges or school districts, etc.
The Act does not specifically define the term "regular part-time employee." This policy attempts to provide clarity and consistency so that both employers and WRS know which employees should be covered under the plans administered by the Wyoming Retirement System.
- Basic Rule: Employees are considered regular part-time if they:
- are "regular" in that they are permanent employees, and
- are "part-time" in that they work 25 hrs or more per week, or
- are "part-time" in that they work less than 25 hours per week, if an employer has a more inclusive definition of regular part-time.
- Contributions: Once considered regular part-time, contributions are due effective the beginning of the employment period in which the employee met the definition of "regular part-time" under the Wyoming Retirement Act and this policy.
If an employer has an older Employer Agreement on file with WRS that does not specifically address its definition of regular part-time, the employer must continue to cover its regular part-time employees based on past practice, even if the employee is working less than 25 hours per week.
An employer with an Addendum on file with WRS (where the employer stated its definition of regular part-time) must continue to cover its regular part-time employees as defined on the Addendum unless it contradicts WRS’ policy. For example, WRS won’t accept a definition of regular part-time as an employee working less than 30 hours per week.