JIM GERINGER GOVERNOR	STATE CAPITOL CHEYENNE, WYOMING
For Release:November 9th, 2001	Contact: Contact: Rachel Girt, Press Secretary (307) 777-7437

Governor Geringer signs executive order supporting state employees called to active duty CHEYENNE-- Gov. Jim Geringer today signed an executive order supporting state employees called to active duty. The executive order creates a Military Members Compensation Committee to ensure that state employees called to active duty and their families will not be penalized with decreased income and benefits. Federal and state laws already ensure that employees called to active duty can return to their jobs upon the completion of their tour, but the executive order is designed to go beyond those provisions. "We want to make this transition as easy as possible for our state employees called to active duty and their families," Geringer said. "The executive order ensures that state employees will not lose income, vacation time and health insurance while they are defending our country. Our hope is that businesses will use the State of Wyoming as an example on what services to provide their employees called to active duty." Geringer thanked State Auditor Max Maxfield for initiating and helping carry through the development of the executive order. "During the initial military call up, I saw the impact active duty would have on our state employees who are called to active duty," State Auditor Max Maxfield explained. "I spoke with Governor Geringer about the state reducing the financial burden on our military families by bridging the gap between their military pay and their state pay. Governor Geringer agreed that the state should take the lead and do everything possible to reduce the financial burden of our military personnel and their families." Under the executive order, every state employee called to active duty after September 11 is eligible to receive an amount equal to the difference between their monthly base pay in state employment at the time they left state employment and their monthly base pay while on active duty. The agency is responsible for the payment. The executive order also requires state agencies to pay the employee's contributions during the time of absence for an employee who elects to continue coverage under the state health insurance plan while away on military service. In addition, these employees will retain vacation leave accrued before and after the period of military service. The executive order also addresses the deferred compensation program. State employees called to active duty will be given the opportunity to make additional deferrals with matching contributions from the state as the employer. The Military Members Compensation Committee will carry out the implementation of the executive order. Darald Dykeman, the State Human Resources administrator, will serve as chairman of the committee. In addition, Jerry Fox, the director of the Wyoming Retirement System and Ralph Hayes, the manager of State Employees and Officials Group Insurance, are on the committee. The committee also includes representatives from the State Auditor's Office, the Wyoming National Guard and the University of Wyoming. STATE OF WYOMING EXECUTIVE ORDER WHEREAS, many employees of the executive branch of Wyoming state government who have or will enter service in the uniformed services on or after September 11, 2001 will experience a reduction in compensation and/or benefits; and WHEREAS, the Legislature, through Wyoming Statute ' 19-11-102(a), has declared it to be the policy of the State of Wyoming that its citizens who leave their employment to serve their country and state shall not be economically disadvantaged; and WHEREAS, the Legislature, through Wyoming Statute ' 19-11-102(b), has declared that the State of Wyoming should be a model employer in carrying out the provisions of the Military Service Relief Act; and WHEREAS, Wyoming Statute ' 19-11-106(a) provides that any private or public employer may pay compensation to any employee who leaves employment to perform service in the uniformed services; and WHEREAS, Wyoming Statute ' 19-11-109(b) provides that any employee called into active military service shall have the right to maintain the group health insurance or plan coverage by furnishing his employer with sums equal to that which would have been deducted from his compensation for such coverage; and WHEREAS, Wyoming Statute ' 19-11-109(b) provides that any employee called into active military service shall have the right to maintain the group life insurance or plan coverage by furnishing his employer with sums equal to that which would have been deducted from his compensation for such coverage; and WHEREAS, Wyoming Statute ' 19-11-108(a) provides that any member of the Wyoming national guard or United States military forces reserve who is an officer or employee of this state or any political subdivision, municipal corporation or any public agency or entity of the State, shall be given a military leave of absence with pay at the regular salary or wage which the employee normally receives, not to exceed fifteen (15) calendar days in any one (1) calendar year, to attend duly authorized encampments, training cruises and similar training programs in addition to any other leave or vacation time to which the person is otherwise entitled; and WHEREAS, federal law and the deferred compensation plan provides that deferred compensation will operate in accordance with Section 414(u) of title 26, of the Internal Revenue Code; NOW THEREFORE, I, Jim Geringer, Governor of the State of Wyoming, by virtue of the powers vested in me by the Constitution and the laws of the State of Wyoming, do hereby order and direct: COMPENSATION The Military Members Compensation Committee is hereby created, composed of the State Human Resources Administrator, as chairman, the director of the Wyoming Retirement System, the Manager of State Employees and Officials Group Insurance, a representative of the State Auditor as selected by the Auditor, a representative of the Wyoming National Guard as selected by the Adjutant General, and a representative of the University of Wyoming as selected by the President of the University. The University's representative shall serve as a liaison to assist the University's Board of Trustees in establishing a policy for University employees consistent with this Executive Order. The Military Members Compensation Committee shall adopt procedures to implement this Order, including all necessary application forms; the Committee shall adopt practices to be followed by all executive branch agencies to assure that state employees who leave employment in order to perform service in the uniformed services on or after September 11, 2001 are notified of this Order and the proper manner of applying for compensation. Every state employee who took a leave of absence from state employment on or after September 11, 2001 to perform service in the uniformed services and whose uniformed services base pay is less than their regular base pay as a state employee may apply to the Military Members Compensation Committee to receive compensation as set forth in paragraph 4; and Every state employee who took a leave of absence from state employment on or after September 11, 2001 to perform service in the uniformed services, upon proper application, shall be eligible to receive an amount equal to the difference between their monthly base pay in state employment at the time they left state employment and their monthly base pay in the uniformed services. The agency or department for which the employee worked shall be responsible for the payment. Nothing contained herein shall be interpreted in any manner to diminish the rights granted under Title 19 of the Wyoming Statutes. GROUP HEALTH INSURANCE The employing agency of any state employee currently covered by state health insurance who took a leave of absence from state employment on or after September 11, 2001 to perform service in the uniformed services shall continue to pay the employer's contributions during the time of absence for any such employee who elects to continue coverage under the state health insurance plan. LIFE INSURANCE Any employee who took a leave of absence from state employment on or after September 11, 2001 to perform service in the uniformed services shall have the right to maintain any applicable life insurance available through the State of Wyoming by furnishing the employer the sums equal to that which would have been deducted from his compensation for such coverage. DEFERRED COMPENSATION In accordance with 26 U.S.C.A. ' 414(u)(2)(a), after reemployment of any employee who took a leave of absence from state employment on or after September 11, 2001 to perform service in the uniformed services, the employee will be given the opportunity to make additional deferrals within the time limits of the federal law and the employing agency shall make any matching contributions which would have been required had such deferral actually been made during the period of such qualified military service. NO LOSS OF ACCRUED ANNUAL LEAVE Any state employee who took a leave of absence from state employment on or after September 11, 2001 to perform service in the uniformed services shall be entitled to all vacation leave accrued during the period of such military service and shall not be subject to the leave forfeiture requirement of Chapter 10, Section (g) of the State of Wyoming Personnel Rules during the period of such military service. MILITARY LEAVE OF ABSENCE That State agencies shall provide fifteen (15) working days of military leave with pay under WYO. STAT. ' 19-11-108(a) to qualified state personnel per calendar year in accordance with the current Personnel Rules and FORMAL ATTY. GEN. OPINION No. 78-42. This Order shall expire on October 31, 2003, unless sooner rescinded.

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