072-8 Wyo. Code R. §§ 8-3

(a) If a member employee receives increases in compensation during any three (3) years of service which are not related to promotion and which exceed the average increase received by other employees of the same employer holding comparable positions, the excess shall be excluded when computing the highest average salary if the board finds, after consideration of all circumstances, that the primary purpose of the compensation increase was to increase the retirement benefit of the employee. If there are no employees of the same employer holding comparable positions, the increases may be excluded from the highest average salary if they exceed the average percentage increase received by all other employees of the same employer during the period involved. In making a determination under this section the board may also consider:

(i) The extent of annual compensation increases made to an employee over the employee's working career;

(ii) Any pattern of an employer providing unusual or extraordinary employee compensation increases during an employee's final years of employment; or

(iii) Any other factors which may indicate that payments were made to an employee during the final three years of employment or any other three years of employment for the primary purpose of increasing highest average salary and, thereby, increasing the employee's retirement benefit.

Notes

072-8 Wyo. Code R. §§ 8-3