Wyoming Administrative Rules 007 — Military Department, Wyoming

205 General Agency, Board or Commission Rules

Chapter 1 Direct Payment or Reimbursement of Medical Expenses

Wyo. Code R. 007.0001.1.03212018 § 1 Authority

These rules are promulgated by the Adjutant General under the authority given by Wyoming Statute 19-9-403(a).

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 2 Definitions

(a) "Medical expense" means expenses related to customary treatment by a licensed doctor of medicine, chiropractic or osteopathy, dentist, optometrist, podiatrist, psychologist, physician's assistant, and advance practitioner of nursing acting within the scope of his or her license. Medical expense also includes expenses for prescription medications, surgical or hospital service, medical and surgical supplies, apparatus, essential and adequate artificial replacement, and prosthetics.

(b) "Reasonable medical expense" means those charges for medical expenses that are necessary and determined reasonable by reference to charges and quantity of services normally allowed by the State of Wyoming's employee group health insurance, Medicare, Medicaid customary charges in the area for similar services, and any other relevant sources related to the particular expense at issue. Direct payment or reimbursement may be limited to the lowest levels generally accepted by health care providers for providing similar services in the State of Wyoming.

(c) "State active duty" means that time during which an officer or enlisted man is serving on state active duty orders or traveling to or from any location in relation to performing state active duty.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 3 Initial Reporting Requirement

(a) Prompt reporting is essential to determine whether medical expenses are reasonable and are a direct consequence of state active duty.

(b) The occurrence of any medical condition giving rise to a claim under W.S. 19-9-403(a) shall be reported within the time period below in writing to the Wyoming Military Department Human Resources Office, on a reporting form approved by that office, and contain all information required by the form. The officer or enlisted man (also collectively referred to as "member") shall file a completed reporting form before the completion of the period of state active duty giving rise to the claim or within forty-eight (48) hours after the time that a reasonable person would have recognized that he or she had suffered a medical condition potentially covered under W.S 19-9-403(a), whichever time period is shorter. Failure to comply with this requirement shall constitute a basis for denying the claim.

(c) At a minimum, the reporting form approved by the Military Department Human Resources Office shall include the following, with all information certified to be true by the member:

(i) Name, unit, home address, and dates of state active duty;

(ii) A complete and detailed description of the alleged medical condition and any factors believed to have caused the condition;

(iii) Any health care providers seen by the member for the condition;

(iv) Any witnesses that may have knowledge related to the medical condition;

(v) Any previous treatment by the member for the same or similar condition in the past;

(vi) A release and authorization allowing the Wyoming Military Department Human Resources Office to obtain treatment or medical reports related to the member;

(vii) A list and description of any health insurance coverage that the member may have; and

(viii) Such other information as the Wyoming Military Department Human Resources Office may require to assist it in determining the claim.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 4 Utilization of Other Payment Sources

Any claim for medical expenses may be denied to the extent that the expense is or was reasonably eligible for payment, coverage or reimbursement from any other source including, but not limited to, other governmental benefits, health insurance, workers' compensation, any other form of insurance or medical payment coverage, or any other entity that may be legally liable for payment of the medical expense at issue. The payment of medical expenses under W.S. 19-9-403(a) may be denied if coverage from another source was reasonably available, regardless of whether the member has taken the appropriate measures to apply for or require payment from any other party.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 5 Claims for Reimbursement

(a) In addition to the reporting requirement in Section 3, all claims for direct payment or reimbursement of reasonable medical expenses shall be submitted to the Wyoming Military Department Human Resources Office within forty-five (45) days of the date that payment is due or made by the officer or enlisted man seeking reimbursement and shall be sworn to under oath by the member and contain information necessary to determine the amount of payment or reimbursement.

(b) The Human Resources Office shall design a form to facilitate the submission of claims.

(c) All claims shall be accompanied by a treatment report from the medical provider, a copy of any bill for services, medications or supplies, receipt indicating amount paid by the member, documentation of submittal for or payment made by any insurance carrier or third party, and other documentation substantiating the amount of direct payment to a provider or reimbursement for which the member may be eligible

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 6 Investigation

(a) The Wyoming Military Department Human Resources Office shall be responsible for investigating all claims for medical expense payment or reimbursement under W.S. 19-9-403(a) and preparing a written decision that shall be sent to the member.

(b) All claims for payment or reimbursement of reasonable medical expenses shall be investigated to the extent necessary to determine whether the claimed medical expense is reasonable, whether the expense is a direct consequence of state active duty, and the extent to which any insurance carrier, other governmental entity, or other party may have potential legal liability for payment of the medical expense at issue.

(c) In conducting its investigation, the Human Resources Office may obtain statements from witnesses, review documents, and consult with experts upon matters relevant to a determination of the claim. The member may be required to produce any relevant information. In cases in which the complexity of the matter requires it, the Human Resources Office may request that the Adjutant General appoint an Investigating Officer to conduct an investigation.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 7 Determination of Claims

(a) While serving in state active duty, the adjutant general may pay or reimburse reasonable medical expenses incurred by an officer or enlisted man as a direct consequence of state active duty. Medical expenses paid or reasonably eligible for payment by any third party on behalf of the officer or enlisted man shall not be eligible for payment or reimbursement.

(b) Medical expenses are the direct consequence of state active duty if the medical expense is for the treatment of a medical condition that arises out of and in the course of the member's service in state active duty, except that it shall not include medical expenses resulting from medical conditions due to gross negligence, intoxication, or culpable misconduct of the member receiving medical treatment.

(c) Only reasonable medical expenses paid or payable by the officer or enlisted man as a direct consequence of state active duty will be allowed for direct payment to a provider or reimbursement.

(d) Following its investigation, the Human Resources Office shall promptly make its written decision. If the Human Resources Office denies any claim, it shall serve by mail or personal delivery a copy of its written findings and decision to the member and a copy to the Adjutant General, advising the member that he/she has fifteen (15) calendar days from the date the decision was mailed or personally delivered to the member to request a hearing, in writing, before the Adjutant General. The request shall state the reason and basis for the request and disagreement with the Human Resources Office's decision. If a member fails to request a hearing within fifteen (15) calendar days from service of the Human Resources Office's decision, the Human Resources Office's decision shall become final.

(e) If the member timely requests a hearing, the Adjutant General shall forward the matter to the Office of Administrative Hearings (OAH) to conduct a hearing and provide a recommended decision. Following receipt of the OAH's recommended decision, the Adjutant General shall make the final decision.

(f) The Adjutant General's final decision shall be sent to the member by mail or personal delivery.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.1.03212018 § 8 Reconsideration and Recoupment from Claimant

The Adjutant General may seek recoupment by any lawful means for any payments made by the State of Wyoming pursuant to W.S. 19-9-403(a) based upon a mistake of law or fact or misrepresentation. Under no circumstances will a decision to make direct payment to a provider or allow reimbursement for any claims under W.S. 19-9-403(a) bind the Adjutant General to pay or reimburse further or additional claims.

History

• Effective 2018-03-21

Chapter 2 Wyoming Military Assistance Trust Fund

Wyo. Code R. 007.0001.2.05092024 § 1 Authority

These rules are promulgated by authority of Wyoming Statute 19-7-402(c).

History

• Effective 2024-05-09

Wyo. Code R. 007.0001.2.05092024 § 2 Purpose

The Wyoming Military Assistance Trust Fund provides conditional emergency assistance to qualified military members and dependents. The plan is established to provide emergency assistance during periods of financial hardship resulting from the military member's active duty status and to members of the Wyoming National Guard to support dependent care expenses incurred during drill periods.

History

• Effective 2024-05-09

Wyo. Code R. 007.0001.2.05092024 § 3 Plan Implementation

(a) The Adjutant General is the final authority in administering the Wyoming Military Assistance Trust Fund.

(b) The Adjutant General, and his designees, are permitted to exercise discretion in administering these rules. Moreover, except for eligibility requirements, the Adjutant General, and his designees, possess discretion to waive the requirements set forth herein.

(c) Evaluative Criterion For Approval of Emergency Assistance Requests and not for Dependent Care Reimbursement Requests (may include but are not limited to):

(i) Nature of assistance requested;

(ii) Degree of financial hardship;

(A) Current family income;

(B) Debt and obligations; and

(C) Number of dependents;

(iii) Link and causation between financial hardship and military member's active duty status;

(A) Change in income (based on active duty);

(B) Changes in employment and income status of dependents related to military member's active duty status;

(C) Increased expenses based on military member's active duty;

(D) Military pay problems; and

(E) Other issues of financial hardship related to military member's

active duty status.

(iv) Bankruptcy filed or pending;

(v) Pending Disciplinary Action (military Member only);

(vi) Length of active duty;

(vii) Other aid available and/or received; and

(viii) Amounts and date of any funds previously received from this fund.

(d) Evaluation Criterion for Approval of Dependent Care Reimbursement Expenses.

(i) Members of the Wyoming National Guard may request reimbursement of dependent care expenses incurred while performing military duty in any status for up to 39 calendar days each calendar year.

(ii) The definition of "military status" includes the following:

(A) Annual Training (AT)

(B) Special Training (ST)

(C) Active Guard and Reserve (AGR)

(D) Any form of Title 10 service

(E) Any form of paid inactive duty service

(F) State Active Duty

(iii) Reimbursement for expenses is limited to dependents through age 11 or

older dependents with a documented need for care who are registered in the requesting member's Defense Enrollment Eligibility Reporting System account.

(iv) The individual providing care cannot be the spouse of the Guardsman or a parent or guardian to the dependent.

(e) Approval Process.

(i) Emergency Assistance Requests. The level of approval authority is dictated by the amount of assistance requested. Each approval authority possesses the discretion to approve an amount lower than the amount requested, or to deny the request completely. The levels of approval authority are as follows:

(A) Level 1 - Wyoming Military Department Soldier and Family Program Director (applications up to $1,500); and

(B) Level 2 - Deputy Director of Wyoming Military Department (applications over $1,500 to $3,000).

(C) Level 3 - Requests for over $3,000 can only be approved by the Adjutant General, and only in extraordinary circumstances.

(ii) Dependent Care Reimbursement Requests. Approval authority for all requests will be the Deputy Director of the Wyoming Military Department.

History

• Effective 2024-05-09

Wyo. Code R. 007.0001.2.05092024 § 4 Eligible Recipients

(a) Emergency Assistance Requests.

(i) Any member of the Wyoming national guard or a reserve unit that is based in Wyoming who has been called to active duty or active state service;

(ii) Any Wyoming resident who is a member of a military reserve unit that is not based in Wyoming, if the member is called to active duty;

(iii) Any other Wyoming resident performing service in the uniformed services as defined in W.S. 19-11-103(a)(ix) for any branch of the military of the United States; and

(iv) Members of the immediate family for those personnel identified in paragraphs (a) through (c) of this section. For purposes of this paragraph, "immediate family" means spouse and each child as defined by W.S. 2-1-301(a)(v) and, if they are dependents of the member of the military, the parents, grandparents, siblings, stepchildren and adult children of the member of the military.

(v) Recipients who meet the above status criteria must also need assistance as a last resort to address financial hardship resulting from the military member's active duty status.

(b) Dependent Care Reimbursement Requests. Military members of the Wyoming National Guard in any pay grade.

History

• Effective 2024-05-09

Wyo. Code R. 007.0001.2.05092024 § 5 Application Process

(a) Emergency Assistance Requests. Eligible recipients may apply for funds, based upon available funds by submitting a completed application packet containing:

(i) Application for Wyoming Military Assistance Trust Fund;

(ii) Consent and authorization to release information;

(iii) Proof of residency (if applicable);

(iv) Proof of military membership and member's active duty status;

(v) Proof of dependency (if applicable);

(vi) Military member's most current Leave and Earnings Statement (LES)(if

available); and

(vii) Substantiating documents (if applicable, i.e. car repair estimates, rental agreement, utility bill, bank statements, employment records, etc.).

(b) Dependent Care Reimbursement Requests. Eligible members may apply for reimbursement for dependent care expenses incurred in the previous 90 days. Approved reimbursement will be based upon available funds. Eligible members can apply by submitting a completed application packet containing:

(i) Application for Wyoming Military Trust Fund Dependent Care Reimbursement;

(ii) Receipt or invoice for care provided with details of dependent name(s), dates of care, total cost, and signature of care provider;

(iii) Proof of status (pay stub, Leave and Earnings Statement/LES, orders)

(c) Wyoming Army National Guard requests should be delivered to: Wyoming Military Department, ATTN: Soldier and Family Program Director, 5410 Bishop Boulevard, Cheyenne, WY 82009.

(d) Wyoming Air National Guard requests should be delivered to: 153rd Airlift Wing, ATTN: Airman and Family Readiness Program Manager, 217 Dell Range Boulevard, Cheyenne, WY 82009.

History

• Effective 2024-05-09

Wyo. Code R. 007.0001.2.05092024 § 6 Assistance

(a) Payments are subject to the availability of funds and the sole discretion and approval authority of the Adjutant General or his designees.

(b) The following are examples of acceptable reasons for assistance under the Emergency Assistance provisions of the fund: food, rent, utilities, emergency transportation and vehicle repair, funeral expenses, medical/dental expenses, personal needs when pay is delayed or stolen, emergency home repairs (habitability/essential areas but not home improvements), etc., as well as other emergency needs at the discretion of the approval authority.

(c) Dependent care expenses shall be capped at "Full Day Rate 75th percentile" listed in the most recent and available Market Price Study from the Wyoming Department of Family Services, broken down by age of the dependent.

(d) The Military Department will process dependent care reimbursement requests once each month and approved recipients can expect payment within 60 days of application.

(e) Regardless of appropriation and availability, funds shall not be used to:

(i) Help pay for nonessentials;

(ii) Finance ordinary leave or vacation;

(iii) Pay fines or legal expenses;

(iv) Help liquidate or consolidate debt;

(v) Assist with house purchase or home improvements; or

(vi) Cover bad checks or pay credit card bills

History

• Effective 2024-05-09

Chapter 3 Educational Assistance Plan

Wyo. Code R. 007.0001.3.12202023 § 1 Authority

These rules are promulgated by authority of Wyoming Statutes 19-9-501 through 19-9-504(b).

History

• Effective 2023-12-20

Wyo. Code R. 007.0001.3.12202023 § 2 Purpose

The Wyoming National Guard Educational Assistance Plan (Educational Assistance Plan) provides conditional educational tuition assistance to qualified members of the Wyoming National Guard and/or their dependent. The plan is established to provide higher educational opportunities to qualified guard members and/or their dependent while providing an incentive to individuals to initiate or extend their service in the Wyoming National Guard.

History

• Effective 2023-12-20

Wyo. Code R. 007.0001.3.12202023 § 3 Definitions

(a) "Active" means a Wyoming National Guard member who is in active drilling status with no bars to reenlistment; this does not include inactive reserve time.

(b) "Administrator" means a group, individual, or person designated by the Adjutant General to administer the plan.

(c) "Mandatory fees" are those fees that are mandatory for all students as defined by the institution.

(d) "Member" means an active, in good standing, member of the Wyoming National Guard.

(e) "Plan member" means a qualified participant in the Wyoming National Guard Education Assistance Plan.

(f) "Standards for satisfactory participation in the active Wyoming National Guard" means meeting requirements of the Wyoming Army or Air National guard as defined by appropriate regulations.

(g) "Tuition" means the amount up to but not exceeding the in-state figure published annually by the institution attended by the member.

History

• Effective 2023-12-20

Wyo. Code R. 007.0001.3.12202023 § 4 Plan Implementation

(a) The Adjutant General is the final authority in administering the Educational Assistance Plan.

(b) The Adjutant General shall appoint an administrator who is responsible for the daily operation of the Educational Assistance Plan. The duties of the administrator shall include, but are not limited to:

(i) Processing all applications for educational assistance;

(ii) Determining the amount, if any, of educational assistance to be provided to the member;

(iii) Notifying the member of the amount of educational assistance;

(iv) Requesting required funds from the Adjutant General to pay educational institutions;

(v) Providing reports as requested by the Adjutant General; and

(vi) Determining the amount to be repaid by any plan member in accordance with W.S. 19-9-504(a) and promptly notifying the plan member in writing of the repayment amount due.

History

• Effective 2023-12-20

Wyo. Code R. 007.0001.3.12202023 § 5 Application Process

Any member of the Wyoming National Guard may apply for educational assistance from the Wyoming National Guard Educational Assistance Plan by submitting a completed application packet to the administrator. The application packet shall contain all requested information, including but not limited to:

(a) Applicant Information Sheet completed by the member;

(b) Certificate of Eligibility or Verification Statement approved by the member's commander or official unit representative;

(c) Agreement to Terms and Conditions form signed by the member; and

(d) Waiver approval by the Adjutant General for use of the program prior to completion of Basic Military Training or Officer Training, if applicable.

(e) Initial dependent application must include a Transfer of Benefit form.

History

• Effective 2023-12-20

Wyo. Code R. 007.0001.3.12202023 § 6 Limitation of Benefits

(a) Payment of benefits under the plan is subject to the availability of funds. However, the following limitations shall apply:

(i) For authorized courses at an approved Wyoming public institution of higher education, payment may be made for up to the full cost of resident tuition and mandatory fees

(ii) For authorized courses at a Wyoming private institution of higher education, payment may be made for the lesser of the actual costs of resident tuition and mandatory fees or an amount equal to the average resident tuition and mandatory fee charges of all Wyoming public institutions of higher education for an undergraduate student enrolled for twelve (12) semester hours.

(b) If a member is enrolled less than full time, payment will be made on a proportional basis for up to the full cost of resident tuition and mandatory fees; and

(c) The Educational Assistance Plan may be used by the member to complete up to two (2) degrees. The member may also choose to transfer the benefit of one (1) of these degrees to an eligible DEERS dependent.

(i) The Educational Assistance Plan will not be transferred to a dependent who is current member of the Wyoming National Guard.

(ii) The member must continue to serve in the Wyoming National Guard during any period that the dependent uses the transferred Educational Assistance Plan.

(iii) Each degree program is subject to the limitations listed in accordance with W.S. 19-9-504 (a).

(iv) If a dependent has not begun an eligible degree program or educational objective using the transferred benefit, the dependent may return the benefit to the member.

History

• Effective 2023-12-20

Wyo. Code R. 007.0001.3.12202023 § 7 Repayment

(a) All plan members are subject to repayment of benefits to the State of Wyoming General Fund in accordance with W.S. 19-9-504(a).

(b) The full amount of any repayment shall be immediately due upon the occurrence of any event requiring repayment by the plan member in accordance with W.S. 19-9-504(a) and notification to the plan member by the administrator.

(c) The plan member may petition the Adjutant General in writing for a reduction or waiver of repayment or for a scheduled repayment of benefits, or both. The Adjutant General, at his or her sole discretion, may allow a waiver of benefit repayment due to:

(i) Death or incapacity of the plan member; or

(ii) Extenuating circumstances where extreme hardship and good cause are shown.

(d) Plan repayment shall not exceed a period of four years from the date of notification of repayment by the administrator.

History

• Effective 2023-12-20

Chapter 4 Information Practices

Wyo. Code R. 007.0001.4.03212018 § 1 Authority

These rules are promulgated by authority of Wyoming Statute 16-4-204(d).

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.4.03212018 § 2 Incorporation by Reference

The Wyoming Military Department hereby incorporates by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: https://rules.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Department's office and are available for public inspection and copying at the same location.

History

• Effective 2018-03-21

Chapter 5 Wyoming First Responder Fund

Wyo. Code R. 007.0001.5.03212018 Wyoming First Responder Fund

Chapter 5

Wyoming First Responder Fund

Section 1 Authority. These rules are promulgated by authority of Wyoming Statute 19-11-115(f).

Section 2. Purpose. The Wyoming First Responder Fund ("Fund") provides payment of employer and employee contributions for any public or private retirement or pension system plan, not to exceed five thousand dollars ($5,000.00) per person per year, if the payment is permitted by the Internal Revenue Code. These rules specifically establish the method to apply for funds from the First Responder Fund for persons specified in W.S. 19-11-155(e) and (f) and a method for pro-rata payment of funds when there are insufficient funds to cover all eligible applicants.

Section 3. Implementation. The Adjutant General, or his designee, is permitted to exercise discretion in administering these rules. Moreover, the Adjutant General, and his designees, possess discretion to waive the requirements set forth herein that are not specifically established by statute.

Section 4. Eligibility Requirements.

(a) A person is eligible to apply for and receive funds from the fund if he or she is:

(i) Any person whose primary occupation is a first responder and who is called or ordered into federal service of the United States under Title 10 of the United States Code. A "first responder" is an individual who, in the initial stages of an incident, is responsible for the protection and preservation of life, property, evidence, and the environment, including emergency response providers, emergency management, public health, public safety, clinical care, public works, and other skilled support personnel that provide immediate support services during prevention, response, and recovery operations; and

(ii) A resident of the State of Wyoming. Residency shall be determined by the "Home of Record" on the Title 10 order (which is the federal document that is used to call or order a person into federal service in any state).

(b) An employee of the federal government or the State of Wyoming is not eligible for contributions from the Fund. This program is not intended to reimburse the federal government for its decisions or reimburse employees of the State of Wyoming who have direct agency appropriations to pay for the benefit through an Executive Order of the Governor.

Section 5. Application Process.

(a) Applicants may apply for funds from the Fund by submitting a completed application packet that contains the following:

(i) An application for Fund;

(ii) A Release of Information form; and

(iii) An Affidavit of Employment signed by employer;

(iv) Title 10 orders calling the applicant into federal service;

(v) DD Form 214, 215 or NGB 22 to prove honorable military service for the period of the orders; and

(vi) Non-state retirement plan participants shall submit the following additional documents:

(A) Pertinent cover sheet and excerpt of assigned emergency response plan;

(B) State of Wyoming WOLFS 109(a), for the retirement fund;

(C) Current statement from retirement accounts(s); and

(D) Letter from employer itemizing monthly employee and employer contribution amounts that would have been paid if the employee had not been put on Title 10 orders, or, were paid during the period of time the employee was on Title 10 orders.

(b) Send application packets to: Wyoming Military Department, Attn: State Military Affairs Division, 5410 Bishop Blvd., Cheyenne, WY 82009.

(c) Once the application packet and supporting materials have been received and reviewed, the Adjutant General or his designee will notify the applicant if he/she is eligible for funds and the amount of the award.

(d) The amount of any award is at the sole discretion of the Adjutant General.

Section 6. Payments.

(a) Employer and employee contributions for any public or private retirement or pension system plan, not to exceed five thousand dollars ($5,000.00) per person per year from the first date of eligibility, may be paid by the Adjutant General if the payment is permitted by the Internal Revenue Code. Payment shall be made upon termination of Title 10 orders. The contributions shall be applied at the percentage which the employer and employee would have contributed to their plan during the period of deployment, had the employee not deployed.

(b) Over payments or incorrect payments shall be reimbursed by the responsible party to the Fund within 30 days of notification.

Section 7. Proration of Payments. If the amount in the Fund is limited, the following priority will be followed in making payments:

(a) Available funds will be paid to eligible first responders who apply in accordance with Section 5, on a "first come, first serve" basis until the funds are exhausted.

(b) If a group of eligible first responders apply at approximately the same time and the funds available are insufficient to provide contributions to all applicants, then the available funds will be provided on a pro-rata basis by dividing the total amount of the funds available by the total of claims made to determine the contribution percentage for each applicant. Once funds are exhausted, no other applications will be considered until such time as the Fund is replenished, if ever.

History

• Effective 2018-03-21

Chapter 6 Wyoming National Guard Servicemembers Group Life Insurance (SGLI) Premiums Assistance Plan

Wyo. Code R. 007.0001.6.03212018 Wyoming National Guard Servicemembers Group Life Insurance (SGLI) Premiums Assistance Plan

Chapter 6

Wyoming National Guard Servicemembers Group Life Insurance (SGLI)

Premium Assistance Plan

Section 1. Authority. These rules are promulgated by authority of Wyoming Statute 19-9-601.

Section 2. Purpose. The Wyoming National Guard Servicemembers Group Life Insurance (SGLI) Premium Assistance Plan provides reimbursement to qualified members of the Wyoming National Guard for group life insurance premiums.

Section 3. Plan Implementation.

(a) The Wyoming National Guard SGLI Premium Assistance Plan will be administered subject to legislative appropriation. The Adjutant General is the final authority in administering the Plan.

(b) The Adjutant General, or his designees, is permitted to exercise discretion in administering these rules. Moreover, except for "qualified member" requirements as set forth in Section 4 of these rules and W.S. 19-9-603, the Adjutant General, and his designees, possess discretion to waive the requirements set forth herein.

(c) The Deputy Director of the Wyoming Military Department is designated as the paying authority for all premium reimbursements and may authorize payment of premiums for qualified members annually no later than May 1 of the following year and shall be responsible to:

(i) Assess the available funds and reimburse the full amount of premium payments for the statutory coverage amount. If the available funds are less than the amount required to reimburse all members, a prorated amount shall be determined and paid. The Adjutant General may determine that payment for a single year of a biennium is the most appropriate allocation of the budget appropriation.

(ii) Review documentation submitted by the Wyoming Army National Guard (WY ARNG) and Wyoming Air National Guard (WY ANG) validating that a member listed is qualified for reimbursement for completeness and maintain for audit purposes.

(d) The Adjutant General is the final appeal and waiver authority for any request.

Section 4. Qualified Members. Members of the Wyoming National Guard are considered qualified who:

(a) Have completed basic military training or officer training unless waived by the Adjutant General for good cause;

(b) Meet the standards for satisfactory participation in the active Wyoming National Guard at the beginning of and throughout the entire term for which premium is reimbursed; and

(c) Are committed through an enlistment contract or other written agreement to membership in the active Wyoming National Guard for not less than six (6) years, including initial enlistment and any previous contract(s).

Section 5. Application Process.

(a) The respective WY ARNG and WY ANG Finance or Personnel office shall certify a listing of those members qualified for reimbursement of premiums to the Deputy Director upon request for processing reimbursement of premiums paid by the member during the previous year. The following information for each member shall be provided:

(i) Name, current address phone number, social security number for each qualified member (information must match WOLFS 109 form);

(ii) The total amount of SGLI reimbursement for each member for the previous calendar year. The amount will only be for those SGLI premium payments for insurance on the Guard member and will not include any amount for family members. No amount shall be included that has been or will be reimbursed by the Federal Government;

(iii) Certification from Unit/Personnel of completion of basic military training or officer training. A written waiver of training for good cause, approved by the Adjutant General or designee, may be substituted;

(iv) Certification from Unit/Personnel of meeting the standards for satisfactory participation in the active Wyoming National Guard at the beginning of and throughout the entire term for which the premium is being reimbursed; and

(v) A commitment through an enlistment contract or other written agreement to membership in the active Wyoming National Guard for not less than six (6) years, including initial enlistment and any previous contract or contracts. Documentation showing this information may be submitted, but is not required, if the respective National Guard office submittal indicates the member listed meets this requirement.

(b) Wyoming State Auditor Form (WOLFS 109) shall be completed and submitted for each member for direct deposit.

(c) In the alternative to the National Guard Finance or Personnel office providing the required information in subsection (a), individual members of the Wyoming National Guard may provide the information required in subsection (a) and must include payment documentation, such as Leave and Earning Statements, to show the SGLI payments the member actually made during the relevant period. The Deputy Director may produce a standard, required form, to be signed by the individual member and unit commander or designee authorized to make these submissions. Individual WY ARNG members shall submit this documentation through the Army National Guard military personnel office and individual WY ANG members shall submit this documentation through the air national guard finance office. These offices will then submit the documents to the Deputy Director for review and processing.

(d) The address for the Deputy Director for all required submissions is: Wyoming Military Department, ATTN: Deputy Director, 5410 Bishop Blvd., Cheyenne, WY 82009.

Section 6. Rejected Payment. If a reimbursement payment is rejected or otherwise cannot be completed due to circumstances outside of agency control, the Wyoming Military Department will research and correct the issue in the most reasonable manner:

(a) by the agency accounting office if local correction is possible;

(b) by the agency accounting office in direct cooperation with the member; or

(c) by submitting a request to the appropriate national guard personnel officer/finance office for assistance.

Section 7. Appeals.

(a) Applicants may appeal reimbursement decisions by requesting an appeal in writing stating the basis for the reconsideration and providing certified or notarized documentation to support the reconsideration. Send all appeals to: Wyoming Military Department, ATTN: Deputy Director, 5410 Bishop Blvd., Cheyenne, WY 82009, whose office will research the appeal issues and submit the appeal to the Adjutant General.

(b) Final appeal authority is the Adjutant General.

Section 8. Reporting Requirements. The Deputy Director shall compile an annual report and provide it to the Adjutant General containing number of members and payment amounts disbursed, as well as any other information directed by the Adjutant General.

History

• Effective 2018-03-21

Chapter 7 Wyoming Veterans Commission Expendable Trust Fund

Wyo. Code R. 007.0001.7.03212018 § 1 Authority

These rules are promulgated under the authority of Wyoming Statute § 19-14-107(c)(ix).

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.7.03212018 § 2 Purpose

The Wyoming Veterans Commission ("Commission") Expendable Trust Fund ("Fund") provides funds to be used in support of Wyoming veterans and their families. The funds will be used in a manner to benefit as many Wyoming veterans and their families as feasible.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.7.03212018 § 3 Source of Funds

The fund consists of three funding sources: 1) proceeds from sales of armed forces license plates; 2) donations; and 3) interest.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.7.03212018 § 4 Implementation

(a) The chairman of the Commission, and designees, are permitted to exercise discretion in administering these rules. Moreover, except for eligibility requirements, the chairman and designees possess discretion to waive the requirements set forth herein.

(b) Evaluative criterion for approval may include, but is not limited to:

(i) The nature of the request for the proposed use of the funds;

(ii) Degree of impact upon Wyoming veterans and families;

(iii) Elimination of possible other sources of funds; and

(iv) Outcome of the proposed use of funds.

(c) Approval process.

(i) All written requests for funds will be brought before a meeting of the Commission, and the request will be distributed to the members of the Commission before or during the meeting.

(ii) Approval or disapproval of the request will be by simple majority vote of the Commission.

(iii) The Commission retains the right to waive these rules as appropriate.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.7.03212018 § 5 Eligible Recipients

(a) Internal use of the funds by the Commission itself;

(b) External use of the funds by a U.S. Congressionally chartered veterans service organization;

(c) Any Wyoming non-profit organization, properly recognized as such by the Internal Revenue Service (IRS), with a mission to support Wyoming veterans and their families.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.7.03212018 § 6 Application Process

Eligible applicants shall apply for funds in writing, addressed to the Commission at 5410 Bishop Boulevard, Cheyenne, WY 82009.

History

• Effective 2018-03-21

Wyo. Code R. 007.0001.7.03212018 § 7 Reporting Requirements

The executive director of the Commission shall provide an annual report to the Adjutant General and the members of the Commission concerning the status of the Fund and an accounting thereof.

History

• Effective 2018-03-21

Chapter 8 Military Department Federal Sector Equal Employment Opportunity Complaints

Wyo. Code R. 007.0001.8.08112023 § 1 Authority

These rules are promulgated by the Adjutant General under the authority given by Wyoming Statute § 19-7-103(b)(xxv).

History

• Effective 2023-08-11

Wyo. Code R. 007.0001.8.08112023 § 2 Definitions

As used in these rules:

(a) "Department" means the Department of Workforce Services.

(b) "Division" means Labor Standards Division, a program within the Department of Workforce Services.

(c) "EEO" means equal employment opportunity.

(d) "EEO Counselor" means a Compliance Officer working for the Division and under an agreement with the Military Department, acting to resolve disputes between aggrieved employees and the Military Department based on Informal EEO Complaints filed either with the Division or the Military Department.

(e) "EEO Investigator" means a Compliance Officer working for the Division and under an agreement with the Military Department who conducts investigations into allegations accepted by the Military Department, in Formal Complaints submitted by employees of the Military Department alleging discrimination based on race, color, sex, national origin, religion, age or disability or a Hostile Work Environment under EEOC guidance and law.

(f) "EEOC" means the Equal Employment Opportunity Commission.

(g) "Employee" means those Federal technician employees of the Military Department who are employees of the United Stated of America, but does not mean those employed by the Military Department as employees of the State of Wyoming or those who were in a military status at the time of the alleged complained of actions.

(h) "Formal Complaint" means a written complaint alleging discriminatory or unfair employment practice that is filed with the Division or the Military Department within fifteen (15) days of receipt of the Notice of Right to File after completion of the Informal EEO Complaint process or within the time otherwise allowed by federal law or regulation for filing a formal complaint. The written complaint must include a signed statement from the complainant or the complainant's attorney containing the complainant's (or representative's) telephone number and address and must be sufficiently precise to identify the complainant, the agency, and generally describe the action or practice which forms the basis of the complaint and who took the action.

(i) "Formal Complainant" means any person claiming to be aggrieved by a discriminatory or unfair employment practice and who has timely filed a Formal Complaint.

(j) "Informal EED Complaint" means a complaint filed with the EEO Manager for the Military Department, or the Division, claiming discrimination based on race, color, national origin, sex, age, religion, disability, protected genetic information, or reprisal or a Hostile Work Environment under EEOC guidance and law. An Informal EEO Complaint must be filed within forty-five (45) days of the alleged act of discrimination.

(k) "Military Department" means the Wyoming Military Department.

History

• Effective 2023-08-11

Wyo. Code R. 007.0001.8.08112023 § 3 EEO Counselor and EEO Investigator

(a) The Division will provide a currently trained EEO Counselor upon request from the Military Department after the Military Department or the Division receive an Informal Complaint from a federal employee of the Military Department. The Division's EEO Counselor will complete all tasks required under EEOC guidance and specifically EEOC MD-110. The EEO Counselor is a neutral participant in this process and is not an advocate for either side. The EEO Counselor shall meet with the Complainant, inquire into the facts and circumstances, and attempt to find a satisfactory resolution for both parties. If the Informal EEO Complaint is not resolved, the EEO Counselor shall provide a Notice of Right to File to the Complainant with their appeal rights completing the Informal EEO Complaint process in accordance with EEOC guidance.

(b) The Military Department may request an EEO Investigator from the Division after it has accepted any allegations contained in a timely filed Formal Complaint from a federal employee of the Military Department. The Division will provide a currently trained EEO Investigator. The EEO Investigator shall not be the same individual that acted as an EEO Counselor to any given Complainant. After the EEO Investigator completes the investigation in accordance with EEOC guidance and their submitted report is accepted as complete by the Military Department, the role of the involved Division employees will be complete unless called to provide any testimony later concerning their work on the complaint.

History

• Effective 2023-08-11

Wyo. Code R. 007.0001.8.08112023 § 4 Incorporation by Reference

(a) The Military Department has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(b) Any code, standard, rule or regulation incorporated by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (d) of this section;

(c) The incorporated code, standard, rule or regulation is maintained at the Military Department's office (5800 Central Avenue, Cheyenne, WY 82009) and is available for public inspection and copying at a cost at the same location;

(d) Each rule incorporated by reference is further identified as follows:

(i) 29 C.F.R. §§ 1614.101 - 1614.707 (2022) as it was effective April 1, 2022 and adopted by the Military Department, available at: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-XIV/part-1614.

(ii) Equal Employment Opportunity Commission Management Directive 110 (MD-110) for 29 C.F.R. Part 1614, as adopted by the U.S. Equal Employment Opportunity Commission and effective on August 5, 2015, available at: https://www.eeoc.gov/federal-sector/management-directive/management-directive-110.

History

• Effective 2023-08-11