072-7 Wyo. Code R. § 7-6
The Heroes Earnings Assistance and Relief Tax Act of 2008 (The HEART Act) is a federal law that provides tax and pension benefits to members who become disabled while on active military service for more than thirty (30) days and to their survivors if they die in active military service. The HEART Act requires that employers treat such members as having been reemployed by the employer for purposes of entitlement to benefits under the retirement system. The benefits of the HEART Act depend on the specific benefits available to members of the retirement system. The following provisions codify particular HEART Act amendments in compliance with Internal Revenue Code Section 401(a)(37):
(a) Effective with respect to deaths occurring on or after January 1, 2007, while a member is performing Qualified Military Service (as defined in chapter 43 of title 38, United States Code), to the extent required by section 401(a)(37) of the Internal Revenue Code, survivors of a member of the retirement system, are entitled to any additional benefits that the system would provide if the member had resumed employment and then died, such as vesting or survivor benefits that are contingent on the member's death while employed. In any event, a deceased member's period of Qualified Military Service must be counted for vesting purposes.
(b) Effective with respect to deaths and/or disabilities occurring on or after January 1, 2007, while a member is performing Qualified Military Service (as defined in chapter 43 of title 38, United States Code), to the extent permitted by section 414(u)(9) of the Internal Revenue Code, for benefit accrual purposes and in the case of death, for vesting purposes, the member shall be treated as having earned service credit for the period of Qualified Military Service, having returned to employment on the day before the death and/or disability, and then having terminated on the date of death or disability. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
(c) Beginning January 1, 2009, to the extent required by section 414(u)(12) of the Internal Revenue Code, a member receiving differential wage payments (as defined under section 3401(h)(2) of the Internal Revenue Code) from a participating employer shall be treated as employed by that employer, and the differential wage payment shall be treated as compensation for purposes of applying the limits on annual additions under section 415(c) of the Internal Revenue Code. This provision shall be applied to all similarly situated individuals in a reasonably equivalent manner.
072-7 Wyo. Code R. § 7-6
Adopted, Eff. 9/28/2017.