CHAPTER 9
PLAN “B” FIREMEN’S DISABILITY REQUIREMENTS
Section 1. Definitions.
(a) As used in this chapter “Committee” means the Disability Committee of the Wyoming
Retirement Board.
Section 2. Physical examination requirement.
(a)
The board may require any fireman drawing a disability pension to submit
periodically to a physical or mental examination by a physician it selects and to furnish relevant information
it requests. If the physician’s report, or other evidence available to the board, shows that the fireman is not
qualified for the disability pension, or that he is fit for active duty, the board shall disallow or discontinue
the payment of the monthly disability pension.
Section 3. Eligibility.
(a) No fireman is entitles to draw a disability pension if the disability is a result of:
country at war;
(i)
An intentional, self-inflicted injury;
(ii)
War or any act of war, or suffering while in military or naval services of any
(iii) The commission of or the attempt to commit a felony or other illegal act;
(iv) Either directly or indirectly, a nervous, mental, psychological, emotional or
behavioral disorder, unless:
(A)
The fireman receives medical treatment (a mental or medical exam
alone is not considered treatment) from either:
(I)
A registered specialist in psychiatry:
(II) A doctor administering treatment on the advice of a registered
specialist in psychiatry who certifies that such treatment is medically necessary; or
(III) A doctor, if in the opinion of the Committee a specialist in
psychiatry is not required to certify that such treatment is medically necessary; and
(B)
After the medical treatment specified in subparagraph (A) of this
paragraph, the fireman is confined in a hospital or if not confined to a hospital, the disorder precludes
continued employment as a fireman.
unless:
(v)
Abuse of a controlled substance as defined in W.S. 35-7-1002(a)(iv) or alcohol,
(A)
The fireman is confined in a hospital or is satisfactorily participating in a
program of rehabilitation acceptable to the Committee; or
(B)
There is also organic disease present which would cause disability
independently, even if the use of drugs or alcohol ceased.
Section 4. Adverse decision.
(a)
Any applicant or beneficiary of the firemen’s pension account aggrieved by a disallowance
or discontinuance of pension benefits has a right to judicial review in the district court, pursuant to W.S. 163-114.
Section 5. Payment to examining physicians.
(a) Examining physicians selected by the board shall be paid from the account in accordance with
existing worker’s compensation schedules for examinations.