(a) Pursuant to W.S. 9-3-402(a)(vii)(E), any member of any state board or commission who is not otherwise employed by the state is not a member of the WRS if that board or commission member elects in writing not to become a member. If such person has not made the election and is making contributions, that person is considered to be a member of the System. If a board or commission member elects not to become a member of the WRS, the board or commission member shall notify the Board in writing not later than ninety (90) days from the date of appointment to the board or commission. The notice shall be in substantially the following form:
WYOMING RETIREMENT SYSTEM
MEMBERSHIP DECLINATION NOTICE
I hereby give notice to the Board of my intention to decline membership in the Wyoming Retirement System. I understand that by giving this notice, I forfeit any right to participate in the System pursuant to my current appointment and any subsequent reappointment to the______________board/commission.
__________________________________________________
NAME (Print)
__________________________________________________
NAME OF BOARD/COMMISSION
__________________________________________________
SIGNATURE
(b) The notice specified in subsection (a) of this section shall be filed with the Board not later than ninety (90) days following the date of appointment or in the case of board/commission members serving as of the effective date of this rule, the notice shall be filed within ninety (90) days of such effective date. Failure to file the required notice together with a failure to make contributions to the WRS within the time periods specified in this subsection shall be construed as a renunciation of the board/commission member's right to participate in the System in the same manner as if the board/commission member had filed the MEMBERSHIP DECLINATION NOTICE.
(c) If any board/commission member who is serving on the effective date of this rule and who has neither declined to become a WRS member pursuant to W.S. W.S. W.S. 9-3-402(a)(vii)(E) nor made contributions to WRS, that member may elect in writing within ninety (90) days from the effective date of this rule to become a contributing member of the System. Membership in the System is effective on the date of Board receives the election, and no board or commission member shall receive service credit for service on such board or commission prior to the effective date of the election.
072-13 Wyo. Code R. § 13-4